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The Application of the "One Central Reason: Standard in Asylum and Withholding of Removal Cases (open access)

The Application of the "One Central Reason: Standard in Asylum and Withholding of Removal Cases

This report discusses asylum and withholding of removal immigration cases, and the application of the "one central reason" rule which dictates that asylum claimants demonstrate that an approved persecution grounds is one of the central reason they are claiming asylum. The same standard has been used in withholding of removal claim cases but a recent ruling by the U.S. Ninth Circuit Court stated that the "one central reason" rule does not apply to withholding of removal cases creating a split in opinion among courts.
Date: December 18, 2017
Creator: Smith, Hillel R.
System: The UNT Digital Library
Changes to "Too Big to Fail" Treasury Recommends Revisions to Dodd-Frank SIFI Designation Process for Non-Banks (Part 1) (open access)

Changes to "Too Big to Fail" Treasury Recommends Revisions to Dodd-Frank SIFI Designation Process for Non-Banks (Part 1)

First part of a report discussing the Treasury Department's recent report recommending revisions to the Financial Stability Oversight Council's (FSOC's) process for designating non-bank financial institutions as "systematically important financial institutions (SIFI's) also known as "Too Big to Fail" institutions. This part provides general background on the SIFI designation process
Date: December 1, 2017
Creator: Sykes, Jay B.
System: The UNT Digital Library
Supreme Court Declines to Take Up Military Commission Challenges-Al Bahlul and Al-Nashiri (open access)

Supreme Court Declines to Take Up Military Commission Challenges-Al Bahlul and Al-Nashiri

This report discusses the Supreme Court's rejection of cases submitted by two detainees at Guantanamo Bay (Ali Hamza Ahmad Suliman al Bahlul & Abd Al-Rahim Hussein Al-Nashiri) challenging the current military commission system under the Military Commissions Act (MCA). It discusses the merits of the cases, the various legal proceedings regarding them, and case law related to the issue.
Date: December 12, 2017
Creator: Elsea, Jennifer K.
System: The UNT Digital Library
Supreme Court Declines to Review Ninth Circuit Court Decision Applying Federal Reserved Water Rights Doctrine to Groundwater (open access)

Supreme Court Declines to Review Ninth Circuit Court Decision Applying Federal Reserved Water Rights Doctrine to Groundwater

This report discusses the case of "Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District" relating to groundwater water rights on federal lands. The Supreme Court declined to hear the case in July 2017.
Date: December 21, 2017
Creator: Wyatt, Alexandra M.
System: The UNT Digital Library
Federal Procurement Law and Natural Disasters (open access)

Federal Procurement Law and Natural Disasters

This report discusses the federal procurement laws regarding federal agencies hiring contractors for disaster recovery work and the encouragement to use local contractors for the work to help the local economy recover.
Date: December 14, 2017
Creator: Carpenter, David H. & Lunder, Ericka K.
System: The UNT Digital Library
Who's the Boss at the CFPB? (open access)

Who's the Boss at the CFPB?

This report discusses an ongoing dispute over who the new acting director of the Consumer Financial Protection Bureau (CFPB) is following the resignation of the past director on Nov. 24., 2017. President Trump appointed Mick Mulvaney as the acting director, but the past director had already appointed Leandra English who has filed a lawsuit and asked for a temporary restraining order preventing Mulvaney from performing the duties of director. This report outlines the merits of the case and the President's power to fill vacancies under the Vacancies Act.
Date: November 28, 2017
Creator: Brannon, Valerie C. & Cole, Jared P.
System: The UNT Digital Library
Changes to "Too Big to Fail" Treasury Recommends Revisions to Dodd-Frank SIFI Designation Process for Non-Banks (Part 2) (open access)

Changes to "Too Big to Fail" Treasury Recommends Revisions to Dodd-Frank SIFI Designation Process for Non-Banks (Part 2)

Second part of a report discussing the Treasury Department's recent report recommending revisions to the Financial Stability Oversight Council's (FSOC's) process for designating non-bank financial institutions as "systematically important financial institutions (SIFI's) also known as "Too Big to Fail" institutions. This part discusses the legal debate over the designation process, the Treasury Department's recommended changes for the process, and how those changes may affect the Senate's consideration of the Financial CHOICE Act of 2017 (which would repeal FSOC's authority to designate non-banks as SIFIs altogether).
Date: December 1, 2017
Creator: Sykes, Jay B.
System: The UNT Digital Library
Public Sector Union Dues: Grappling with Fixed Stars and Stare Decisis (Part 2) (open access)

Public Sector Union Dues: Grappling with Fixed Stars and Stare Decisis (Part 2)

Second part of a report discussing the upcoming Supreme Court case of "Janus v. American Federation of State, County, and Municipal Employees Council," concerning whether requiring non-union member employees is constitutional. It begins with a brief summary of the parties' arguments, highlights some key statements from the prior decisions of Justice Gorsuch (who is likely to be a critical voice), and finally explores the potential implications of the decision.
Date: December 4, 2017
Creator: Killion, Victoria L.
System: The UNT Digital Library
Supreme Court Reiterates Congress's Exclusive Role in Regulating Lower Federal Court Jurisdiction (open access)

Supreme Court Reiterates Congress's Exclusive Role in Regulating Lower Federal Court Jurisdiction

This report discusses the Supreme Court's decision in "Hamer v. Neighborhood Housing Service of Chicago" which affirmed that only the legislative branch may make rules governing the inferior federal courts' subject-matter jurisdiction.
Date: November 29, 2017
Creator: Peck, Sarah Herman
System: The UNT Digital Library
What Happens if H.R. 1 Conflicts with U.S. Tax Treaties? (open access)

What Happens if H.R. 1 Conflicts with U.S. Tax Treaties?

This report discusses what happens if a new U.S. tax law contradicts existing U.S. international tax treaties, with considerations for Congress.
Date: December 19, 2017
Creator: Lunder, Erika K.
System: The UNT Digital Library
Killing Endangered Species: What's Reasonable Self-Defense? (open access)

Killing Endangered Species: What's Reasonable Self-Defense?

This report discusses the case of "United States v. Wallen" in the United States Court of Appeals for the Ninth Circuit; it concerns a man who killed a grizzly bear cub in violation of the Endangered Species Act and claimed self-defense. It outlines the court ruling that the man enjoys a complete defense if he "actually, even if unreasonably, believe[s] his actions were necessary to protect himself or others" and discusses the implications of the decision.
Date: November 29, 2017
Creator: Doyle, Charles
System: The UNT Digital Library
Public Sector Union Dues: Grappling with Fixed Stars and Stare Decisis (Part 1) (open access)

Public Sector Union Dues: Grappling with Fixed Stars and Stare Decisis (Part 1)

First part of a report discussing the upcoming Supreme Court case of "Janus v. American Federation of State, County, and Municipal Employees Council," concerning whether requiring non-union member employees is constitutional. It provides general background on an earlier case regarding the issue "Abood v. Detroit Board of Education" and the case law leading up to "Janus."
Date: December 4, 2017
Creator: Killion, Victoria L.
System: The UNT Digital Library
Suing Subway: When Does a Class Action Settlement Benefit Only the Lawyers (open access)

Suing Subway: When Does a Class Action Settlement Benefit Only the Lawyers

This report explores the U.S. Court of Appeals for the Seventh Circuit's "Subway" ruling which rejected a proposed settlement of a class-action suit brought against Subway for falsely advertising the length of their sandwiches; the settlement required them to inspect sandwich lengths and pay the plaintiff's attorney fees, but it only benefited the lawyers and not consumers. The report discusses the case's broader significance to class action litigation, tort reform, and consumer rights.
Date: December 12, 2017
Creator: Lewis, Kevin M.
System: The UNT Digital Library
The Federal Government's Plenary Immigration Power Collides with the Constitutional Right to an Abortion (Part 1) (open access)

The Federal Government's Plenary Immigration Power Collides with the Constitutional Right to an Abortion (Part 1)

This report is the first in a two-part series discussing "Garza v. Hargan", a decision by the U.S. Court of Appeals for the D.C. Circuit involving a detained unaccompanied alien minor and the right to terminate a pregnancy. The facts of the case and a discussion of the court's decision and whether the Health and Human Services Department policy regarding abortions unduly burdens a woman's right to an abortion is discussed.
Date: November 27, 2017
Creator: Smith, Hillel R. & Shimabukuro, Jon O.
System: The UNT Digital Library
Out of Office: Vacancies, Acting Officers, and Day 301 (open access)

Out of Office: Vacancies, Acting Officers, and Day 301

This report discusses the provisions of the Vacancies Act and the upcoming expiration of the time limit for temporary staff to to perform the duties of advice and consent staff positions that are still unfilled. Legal effects of letting the Vacancies Act take effect are also discussed.
Date: November 1, 2017
Creator: Brannon, Valerie C.
System: The UNT Digital Library
Net Neutrality: Back to the Future (Part One and Part Two) (open access)

Net Neutrality: Back to the Future (Part One and Part Two)

This report is the first two reports in a series discussing the Federal Communication Commission's proposal to reclassify broadband Internet access services and modify or eliminate "net neutrality" regulations. Various legal aspects of the debate and classification of telecommunications are discussed.
Date: May 30, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
Update: A Steely Look at Steel: Commerce Directed to Prioritize Investigation of the Effects of Steel Imports on National Security (open access)

Update: A Steely Look at Steel: Commerce Directed to Prioritize Investigation of the Effects of Steel Imports on National Security

This report discusses President Trump's April 2017 memorandums ordering the Commerce Department to prioritize investigation of the effects of steel and aluminium imports on U.S. national security. The report outlines the process such an investigation would take and possible outcomes if the Commerce Department determines that imports are threatening national security.
Date: May 1, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
Two-Sided Credit Card Markets: The Supreme Court Takes Up Novel Antitrust Issue (open access)

Two-Sided Credit Card Markets: The Supreme Court Takes Up Novel Antitrust Issue

This report discusses the case of "Ohio v. American Express" which the Supreme Court has accepted for hearing which poses the question of how federal antitrust law should treat two-sided markets which are platforms in which two distinct user groups operate in an interdependent way. The case challenges anti-steering clauses in American Express contract agreements with merchants that prevent the merchants from promoting the use of other credit cards. The case has the potential to change the way vendors accept card payments across the country--but the case also provides the Supreme Court with the opportunity to guide the lower courts that are increasingly confronting antitrust issues concerning two-sided markets. As a result, the American Express case raises several issues for Congress that could implicate its legislative and oversight roles with respect to the financial services industry and, more generally, the regulation of two-sided markets.
Date: November 13, 2017
Creator: Smith, Austin D.
System: The UNT Digital Library
Update: What Constitutes "Sexual Abuse of a Minor" For Immigration Purposes (open access)

Update: What Constitutes "Sexual Abuse of a Minor" For Immigration Purposes

This report provides an update of an earlier report from April 6, 2017, providing the final decision by the Supreme Court in the case of "Esquivel-Quintana v. Sessions". The case concerned the question of whether an immigrant alien who was convicted of sexual abuse of a minor where the minor was under 18 but at least 16 (in this case statutory rape in California between a 21 year old male and a 17 year female) was removable for an aggravated felony under immigration law. The Supreme Court ruled that the immigration law required the victim be under 16 before the removal of an alien for an aggravated felony would be allowable.
Date: June 7, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
Unmanned and Unregulated? Court of Appeals Rejects FAA Regulation of Many Drones (open access)

Unmanned and Unregulated? Court of Appeals Rejects FAA Regulation of Many Drones

This report discusses a ruling by the DC Circuit Court of Appeals which said that model aircraft including many drones were exempt from the FAA's registration rule. Carious implications of the ruling are also discussed.
Date: June 6, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
President Trump's Withdrawal from the Paris Agreement Raises Legal Questions: Parts 1 and 2 (open access)

President Trump's Withdrawal from the Paris Agreement Raises Legal Questions: Parts 1 and 2

This report discusses various legal questions raised by President Trump's announcement of the U.S.'s withdrawal from the Paris Climate Agreement. Questions addressed include the withdrawal process, whether the agreement is binding or non-binding, the role of United States in other international climate meetings, and why President Trump announced the exit.
Date: June 9, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
When is Running Guns from the Philippines to Mexico a Federal Crime? (open access)

When is Running Guns from the Philippines to Mexico a Federal Crime?

This report discusses the case "United States v. Ubaldo" which concerns whether a gun smuggler who smuggled guns from a foreign country through the United States and then into another foreign country can be charged with a federal crime. The Ninth Circuit Court of Appeals upheld the conviction for conspiracy and causing the importation of weapons in violation of the Arms Export Control Act and ban on importing military firearms.
Date: June 26, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
Treasury Proposes Rule that Could Deliver a 'Death Sentence" to Chinese Bank (open access)

Treasury Proposes Rule that Could Deliver a 'Death Sentence" to Chinese Bank

This report discusses the Treasury Department's Financial Crimes Enforcement Network (FinCEN) proposal to invoke the "Fifth Special Measure" on the Chinese Bank of Dandong for its alleged role in funding and and processing transactions for North Korea's weapons programs.
Date: October 30, 2017
Creator: Carpenter, David H.
System: The UNT Digital Library
Joint Employment and the Save Local Business Act (open access)

Joint Employment and the Save Local Business Act

This report discusses the proposed "Save Local Business Act" in the House and its provisions and implications for employers and employees in businesses where unions exist. The National Labor Relations Board (NLRB) broadening of the definition of what constituted a joint employer in the case of Browning-Ferris Industries of California led to resist by some in the business community and the "Save Local Business Act" seeks to restore the former more narrow definition of joint employers.
Date: November 15, 2017
Creator: Shimabukuro, Jon O.
System: The UNT Digital Library