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Affordable Care Act Executive Order: Legal Considerations (open access)

Affordable Care Act Executive Order: Legal Considerations

This report discusses President Trump's executive order (EO) regarding the Affordable Care Act (ACA) and answers questions regarding the authority and discretion agencies currently have to implement the ACA, and the procedures that may be required in the exercise of those authorities. Also addressed are ways the policy enunciated in the EO may translate into action by the Trump Administration in the context of pending lawsuits challenging the ACA.
Date: January 24, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
Alien Registration Requirements: Obama Administration Removes Certain Regulations, but Underlying Statutory Authority Remains (open access)

Alien Registration Requirements: Obama Administration Removes Certain Regulations, but Underlying Statutory Authority Remains

This report briefly surveys the legal authorities that underlay the implementation of the National Security Entry-Exit Registration System (NSEERS), as well as the authorities that remain available to the Executive notwithstanding the recent rule change by President Obama on December 23, 2016 which removed the regulations for the system.
Date: January 5, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
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
A Brief History of Attorney General Recusal (open access)

A Brief History of Attorney General Recusal

This report lists the fifteen previous instances of U.S. Attorney General's recusing themselves from an investigation since 1989 after the announcement by U.S. Attorney General Jeff Sessions that he was recusing himself from and any investigations regarding President Donald Trump's presidential campaign.
Date: March 8, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
Broadband Data Privacy and Security: What's Net Neutrality Got to Do With It? (open access)

Broadband Data Privacy and Security: What's Net Neutrality Got to Do With It?

This report is the third in a series discussing the potential impact of the Federal Communications Commission's proposal to reclassify broadband Internet access services (BIAS). This report focuses on the proposal's possible effect on the regulation of BIAS providers' privacy practices.
Date: June 8, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
Broadband Data Privacy and Security: What's Net Neutrality Got To Do With It? (open access)

Broadband Data Privacy and Security: What's Net Neutrality Got To Do With It?

This report is the third in a series discussing the potential impact of the Federal Communication Commission's proposal to reclassify broadband internet access services (BIAS). This report focuses on the regulations of BIAS provider's privacy practices.
Date: June 8, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
Can Congress Limit the President's Power to Launch Nuclear Weapons? (open access)

Can Congress Limit the President's Power to Launch Nuclear Weapons?

This report discusses whether Congress has the power to implement legislation restricting the President from using nuclear weapons under the separation of powers principle.
Date: November 9, 2017
Creator: Mulligan, Stephen 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 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
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
Charlottesville Car Crash Attack: Possibility of Federal Criminal Prosecution (open access)

Charlottesville Car Crash Attack: Possibility of Federal Criminal Prosecution

This report discusses the announcement that the Charlottesville, Virginia car crash attack is being investigated as a federal civil rights case. It also outlines the sections of the federal law under which the attack could be classified.
Date: August 15, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
Climate Change Litigation Update: "Children's Crusade" Case Against the United States Goes Forward (open access)

Climate Change Litigation Update: "Children's Crusade" Case Against the United States Goes Forward

This report discusses the case of "Juliana v. United States" which was brought by a group of 21 individuals all under the age of 20 organized through an Oregon nonprofit called Our Children's Trust. The plaintiffs seek to compel the federal government to reduce carbon dioxide emissions through appeals to the Constitution and common law.
Date: January 1, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
Congressional Health Coverage: Is the Government Contribution in Limbo? (open access)

Congressional Health Coverage: Is the Government Contribution in Limbo?

This report first provides an overview of the statutory framework governing congressional health coverage and the current Office of Personnel Management (OPM) rule, and then addresses certain legal considerations that may come into play should the Trump Administration take action to modify this existing rule.
Date: August 24, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
Constitutional Limits on States's Efforts to "Uphold" the Paris Agreement (open access)

Constitutional Limits on States's Efforts to "Uphold" the Paris Agreement

This report discusses state government efforts to uphold the requirements of the Paris Agreement on climate change after the announcement of the U.S.'s planned withdrawal from the agreement and constitutional limits on their efforts.
Date: June 27, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
Department of Health and Human Services Halts Cost-Sharing Reduction (CSR) Payments (open access)

Department of Health and Human Services Halts Cost-Sharing Reduction (CSR) Payments

This report discusses the the case "House of Representatives v. Hargan" which was a case by the Department of Health and Human Services (HHS) appealing the House's decision to end cost-sharing reduction (CSR) payments. Questions regarding the status of the case and possible legal and legislative methods of restoring CSR payments are addressed.
Date: October 26, 2017
Creator: Liu, Edward C. & Staman, Jennifer A.
System: The UNT Digital Library
Dressed to the Nines: What's Next for the Nine-Justice Supreme Court? (open access)

Dressed to the Nines: What's Next for the Nine-Justice Supreme Court?

This report discusses the confirmation of Judge Neil Gorsuch as a Supreme Court Justice and the effects he may have on current and upcoming cases as the ninth member of the Supreme Court.
Date: April 10, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
The End of the Deferred Action for Childhood Arrivals (DACA) Program: Some Immediate Takeaways (open access)

The End of the Deferred Action for Childhood Arrivals (DACA) Program: Some Immediate Takeaways

This report outlines some of the major implications of ending the Deferred Action for Childhood Arrivals (DACA) Program, including common questions about what happens to current DACA recipients, and possibilities for Congress to consider.
Date: September 8, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
EPA Proposes to Repeal the Clean Power Act (open access)

EPA Proposes to Repeal the Clean Power Act

This report discusses the EPA's proposal to repeal the Obama Administration's 2015 rule "Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units (EGUs)" commonly known as the Clean Power Plan (CPP). It includes information about the legal basis for the repeal, process, possible challenges and impacts, as well as actions that Congress might take.
Date: October 25, 2017
Creator: Tsang, Linda
System: The UNT Digital Library
EPA Proposes to Repeal the Clean Power Plan (open access)

EPA Proposes to Repeal the Clean Power Plan

This report discuses the EPA proposal in October 2017 to repeal the "Clean Power Plan" due to their determination after review of the rule that it exceeded their statutory authority to implement it. Steps in the process of repealing the rule, the outcome of the current court case regarding the rule, and possible replacement rules regarding Carbon dioxide emissions and power plants.
Date: November 13, 2017
Creator: Tsang, Linda
System: The UNT Digital Library
The Essential Neil Gorsuch Reader: What Judge Gorsuch Cases Should You Read? (open access)

The Essential Neil Gorsuch Reader: What Judge Gorsuch Cases Should You Read?

This report outlines significant cases on which Supreme Court nominee Neil Gorsuch had voted while on the Tenth Circuit court, organized by topical categories. These categories represent fields of law where Judge Gorsuch could, if confirmed, influence the High Court's approach.
Date: February 13, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
The Essential Neil Gorsuch Reader: What Judge Gorsuch Cases Should You Read? (open access)

The Essential Neil Gorsuch Reader: What Judge Gorsuch Cases Should You Read?

This report discusses President Trump's nomination of Neil Gorsuch to the Supreme Court and deliberation by Senators as part of the initial phases of determining whether to provide "Advice and Consent" to the nomination.
Date: February 13, 2017
Creator: unknown
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
The Federal Government's Plenary Immigration Power Collides with the Constitutional Right to an Abortion (Part 2) (open access)

The Federal Government's Plenary Immigration Power Collides with the Constitutional Right to an Abortion (Part 2)

This report is the secondt 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. Debate among judges regarding the right of an unaccompanied alien minor to have an abortion when the minor was detained at the border and technically never formally entered the United States are discussed.
Date: November 27, 2017
Creator: Smith, Hillel R. & Shimabukuro, Jon O.
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
Fibbing to Get a Lawyer: Circuits Split on Punishment (open access)

Fibbing to Get a Lawyer: Circuits Split on Punishment

This report discusses differing views held by U.S. appellate courts regarding whether lying about one's assets to pre-trial service personnel in order to get a court-appointed lawyer can be used as a justification to increase the sentence of the offender.
Date: November 27, 2017
Creator: Doyle, Charles
System: The UNT Digital Library