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Is Impossibility Preemption Impossible? Federal Drug Law and Preemption of State Tort Claims
This report discusses the potential Supreme Court case of "Merck v. Albrecht". The report concludes with an overview of the "Merck" petition, analyzing the key issues of interest for Congress that the petition raises.
Date:
January 19, 2018
Creator:
Armstrong, Kathryn B.
System:
The UNT Digital Library
Responding to the Opioid Epidemic: Legal Developments and FDA's Role
This report discusses the opioid epidemic in the U.S. and the role of the Federal Food and Drug Administration (FDA) in helping end the epidemic. The report provides an overview of FDA's existing authorities, the historical context for the opioid epidemic, and the agency's current plan for combatting the opioid epidemic, concluding with an examination of the broader legal questions concerning the crisis.
Date:
March 6, 2018
Creator:
Armstrong, Kathryn B.
System:
The UNT Digital Library
Questions Remain, Litigation Continues, over Military Service by Transgender Individuals
This report discusses the controversy regarding transgender individuals serving in the military, President Trump's memorandums on the subject, and the four lawsuits challenging the President's memorandums.
Date:
July 5, 2018
Creator:
Back, Christine J.
System:
The UNT Digital Library
Addressing Sexual Harassment by Modifying the Congressional Accountability Act of 1995: A Look at Key Provisions in H.R. 4822.
This report discusses the Congressional Accountability Act of 1995 (CAA) and proposed reforms to how it handles harassment claims through the bill H.R. 4822. The report highlights and considers some of the major differences between the current process provided under the CAA and the process that would exist if H.R. 4822 were enacted, as well as other changes proposed by the bill that could affect both legislative branch employees and Members of Congress.
Date:
January 29, 2018
Creator:
Back, Christine J. & Freeman, Wilson C.
System:
The UNT Digital Library
Deference and its Discontents: Will the Supreme Court Overrule Chevron?
The Chevron deference is a seminal administrative law doctrine established by the Court's opinion in the 1984 case of Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. As several members of the Supreme Court are critical of the doctrine, this report discusses the possibility of the Court reconsidering Chevron in the near future.
Date:
October 11, 2018
Creator:
Brannon, Valerie C. & Cole, Jared P.
System:
The UNT Digital Library
Update: Who's the Boss at the CFPB
This report is an update regarding the acting director of the Consumer Financial Protection Bureau, as there were two indivuduals who claimed the right to the job. The Trump Administration appointed acting director, Mick Mulvaney, was confirmed in his position after a lawsuit filed by the previous acting director, Leandra English, was denied by the DC courts.
Date:
January 11, 2018
Creator:
Brannon, Valerie C. & Cole, Jared P.
System:
The UNT Digital Library
Who Can Serve as Acting Attorney General
This report discusses the two primary arguments raised to challenge the President's decision to name Matthew Whitaker as Acting Attorney General: first, that the Vacancies Act does not apply because another statute, 28 U.S.C. § 508, provides that the Deputy Attorney General (DAG) serves as Acting AG in the event of a vacancy; and second, that the Appointments Clause prohibits Whitaker, a non-Senate-confirmed official, from serving as the head of the Department of Justice (DOJ).
Date:
November 15, 2018
Creator:
Brannon, Valerie C. & Cole, Jared P.
System:
The UNT Digital Library
Can a Foreign Employee of a Foreign Company be Federally Prosecuted for Foreign Bribery?
This report discusses whether foreign nationals and companies may be federally prosecuted for Foreign Corrupt Practices Act (FCPA) violations under conspiracy and accomplice liability theories.
Date:
September 19, 2018
Creator:
Brinson, Christopher B.
System:
The UNT Digital Library
Advising the President: Rules Governing Access and Accountability of Presidential Advisors
This Sidebar examines three categories of Presidential advisors and the related ethics requirements and limitations that apply to their respective roles: employees who serve full-time, regular appointments; outside advisors who are formally appointed to temporary roles; and informal, personal advisors with whom the President consults.
Date:
August 6, 2018
Creator:
Brown, Cynthia
System:
The UNT Digital Library
Calling Balls and Strikes: Ethics and Supreme Court Justices
This report examines questions related to the integrity and independence of the Supreme Court, and Congress's potential role in regulating the ethics of the Supreme Court Justices. For example: What mechanisms ensure the integrity of Justices as federal officials? Are Justices subject to any rules of ethical conduct? How might such ethics rules be enforced?
Date:
August 20, 2018
Creator:
Brown, Cynthia
System:
The UNT Digital Library
House Judiciary Committee to Mark Up H.R. 4170, the Disclosing Foreign Influence Act
This report discusses the House Judiciary Committee's announcement that they would hold a full committee markup hearing on Wednesday, January 17 for H.R. 4170, the Disclosing Foreign Influence Act (DFIA).
Date:
January 16, 2018
Creator:
Brown, Cynthia
System:
The UNT Digital Library
Fannie and Freddie Investors Turn to Congress After the Supreme Court Declines to Resurrect Their Legal Claims
This report discusses the Supreme Court's decision to decline to review the case of "Perry Capital LLC. v. Murchin" which denied the claims of Fannie Mae and Freddie Mac shareholders against the federal government. It also discusses some of the plaintiffs desire to seek legislative reform from Congress to change the law governing profit transfers from Fannie Mae and Freddie Mac.
Date:
March 16, 2018
Creator:
Carpenter, David H.
System:
The UNT Digital Library
IRS Will No Longer Require Disclosure of Certain Nonprofit Donor Information
This report will first provide background on the statute and regulations regarding tax-exempt organizations' (EOs') disclosure of contributor information. Next, the report will discuss the justifications of and reactions to the new policy, including the views of proponents and opponents of the new policy. The report will then discuss the litigation Montana has filed against the policy. Finally, the report will provide considerations for Congress.
Date:
August 14, 2018
Creator:
Carpenter, David H.
System:
The UNT Digital Library
Organizing Executive Branch Agencies: Who Makes the Call?
This report lays out the applicable legal considerations relevant to analyzing potential executive branch agency reorganizations that have been proposed by the Trump Administration.
Date:
June 27, 2018
Creator:
Cole, Jared P.
System:
The UNT Digital Library
Amateur Strip-Club Arrests: Probable Cause and Qualified Immunity
This report discusses the Supreme Court case "District of Columbia v. Wesby" which addressed the question of what constituted probable cause for arrest and police officers qualified immunity from personal lawsuits against them for actions during the course of their duties.
Date:
January 24, 2018
Creator:
Doyle, Charles
System:
The UNT Digital Library
Hostage-Taking Statute Covers Kidnapping for Ransom Abroad
This report discusses the U.S. Court of Appeals case United States v. Noel, in which Noel challenged his conviction for seizing an American citizen in Haiti to hold for ransom.
Date:
July 30, 2018
Creator:
Doyle, Charles
System:
The UNT Digital Library
Murderous Schemes are not Violent Crimes?
This report discusses the U.S. Court of Appeals for the Fourth Circuit's decision in the case of "U.S. v. McCollum" which stated that conspiracy to murder was not a violent crime for federal sentencing purposes and discusses the background of the case and the prior case law which led to the decision.
Date:
April 17, 2018
Creator:
Doyle, Charles
System:
The UNT Digital Library
Only Minimal Impact on Commerce Needed for Attempted Bombing
This report discusses the decision of the United States Court of Appeals for the Eleventh Circuit in the United States v. Suarez case, that a minimal impact on commerce is sufficient to satisfy the jurisdictional requirement of the federal weapons of mass destruction statute. This decision seems to reflect a growing willingness of federal appellate courts to read broadly Congress's Commerce Clause powers.
Date:
July 26, 2018
Creator:
Doyle, Charles
System:
The UNT Digital Library
Russians Indicted for Online Election Trolling
This report discusses the indictment of three Russian companies and 13 Russian national by the Department of Justice for interference in the 2016 presidential election. The charges brought for each one are detailed along with the sentencing guidelines for the crimes.
Date:
February 21, 2018
Creator:
Doyle, Charles
System:
The UNT Digital Library
Victim Restitution: Attorney's Fees for Internal Investigations?
This report discusses of whether a federal statute which requires victim reimbursement for "other expenses incurred during participation in the investigation or prosecution of the [victimizing] offense" cover "costs that were neither required nor requested by the government, including costs incurred for the victim's own purposes and unprompted by any official action? An upcoming Supreme Court case ("Lagos v. United States") is set to consider this question.
Date:
February 6, 2018
Creator:
Doyle, Charles
System:
The UNT Digital Library
When Can You Be Convicted of a Crime That Is Not a Crime?
This report discusses the case United States v. Melgar-Cabrera. A panel of the United States Court of Appeals for the Tenth Circuit (Tenth Circuit) recently upheld the murder conviction of the defendant who the court conceded had been "convicted of a crime that is not a crime."
Date:
June 29, 2018
Creator:
Doyle, Charles
System:
The UNT Digital Library
Criminal Prohibitions on Disclosing the Identities of Covert Intelligence Assets
This report discusses criminal charges related to disclosing the identities of undercover intelligence agents and covert assets.
Date:
February 6, 2018
Creator:
Elsea, Jennifer K.
System:
The UNT Digital Library
Military Commission Judges Do Not Have Unilateral Power to Punish for Contempt
This report discusses the case of Baker v. Spath, in which Brigadier General (Gen.) John G. Baker, Chief Defense Counsel of the Military Commission System, prevailed in his habeas case against a military commission judge who sentenced him to 21 days' confinement and fined him $1,000 for contempt.
Date:
July 18, 2018
Creator:
Elsea, Jennifer K.
System:
The UNT Digital Library
Military Enjoined from Transferring American ISIS Suspect to Foreign Country--at Least for Now
This report discusses the case of Doe v. Mattis, a case with potential ramifications regarding the authority to conduct military operations against the Islamic State of Iraq and the Levant (ISIS). The U.S. Court of Appeals for the D.C. Circuit (D.C. Circuit) upheld 2-1 the district court's injunctions temporarily protecting "John Doe" from forcible transfer to another country from Iraq, where he is currently being held by the U.S. military as a suspected ISIS combatant.
Date:
June 20, 2018
Creator:
Elsea, Jennifer K.
System:
The UNT Digital Library