Is Impossibility Preemption Impossible? Federal Drug Law and Preemption of State Tort Claims (open access)

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
Addressing Sexual Harassment by Modifying the Congressional Accountability Act of 1995: A Look at Key Provisions in H.R. 4822. (open access)

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
Update: Who's the Boss at the CFPB (open access)

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
House Judiciary Committee to Mark Up H.R. 4170, the Disclosing Foreign Influence Act (open access)

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
Amateur Strip-Club Arrests: Probable Cause and Qualified Immunity (open access)

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
The Logan Act: An Overview of a Sometimes Forgotten 18th Century Law (open access)

The Logan Act: An Overview of a Sometimes Forgotten 18th Century Law

This report discusses the Logan Act, including a brief explanation of some of the constitutional concerns that surround the law. This report concludes with a discussion of what Congress could do to modify the statute to make it less susceptible to some of these concerns.
Date: January 12, 2018
Creator: Freeman, Wilson C.
System: The UNT Digital Library
"Marbury v. Madison Returns"! The Supreme Court Considers the Scope of "Judicial Power" (open access)

"Marbury v. Madison Returns"! The Supreme Court Considers the Scope of "Judicial Power"

This report provides background on "Marbury v. Madison" and the upcoming case of Dalmazzi v. United States" which challenges the jurisdiction of the Supreme Court over the Court of Appeals for the Armed Forces (CAAF) and concludes by exploring the potential ramifications of the jurisdictional question "Dalmazzi" poses.
Date: January 16, 2018
Creator: Freeman, Wilson C.
System: The UNT Digital Library
District Court Enjoins DACA Phase-Out: Explanation and Takeaways (open access)

District Court Enjoins DACA Phase-Out: Explanation and Takeaways

This report discusses the case of "Regents of University of California v. U.S. Department of Homeland Security" and the district court ruling which limits the DACA phase-out to aliens not yet enrolled in DACA.
Date: January 11, 2018
Creator: Garcia, Michael John
System: The UNT Digital Library
Attorney General's Memorandum on Federal Marijuana Enforcement: Possible Impacts (open access)

Attorney General's Memorandum on Federal Marijuana Enforcement: Possible Impacts

This report discusses Attorney General Jeff Sessions' memorandum on federal marijuana enforcement policy sent to all U.S. Attorneys that immediately rescinds guidance documents specific to marijuana enforcement. It provides background on the memorandum, the relevant regulations, and implications of withdrawing previous guidance.
Date: January 10, 2018
Creator: Garvey, Todd & Yeh, Brian T.
System: The UNT Digital Library
Facing the FAST Act: Abortion and Free Speech (Part 1) (open access)

Facing the FAST Act: Abortion and Free Speech (Part 1)

First part of a report regarding the Supreme Court case: "National Institute of Family and Life Advocates (NIFLA) v. Becerra;" it involves a California state law that requires certain pregnancy centers to distribute particular information to clients which they contend violates their free speech rights. This report provides an overview of the challenged law, followed by an analysis of how the Supreme Court might categorize the speech at issue.
Date: January 10, 2018
Creator: Killion, Victoria L.
System: The UNT Digital Library
Facing the FAST Act: Abortion and Free Speech (Part 2) (open access)

Facing the FAST Act: Abortion and Free Speech (Part 2)

Second part of a report regarding the Supreme Court case: "National Institute of Family and Life Advocates (NIFLA) v. Becerra;" it involves a California state law that requires certain pregnancy centers to distribute particular information to clients which they contend violates their free speech rights. This report discusses the potential implications of any Supreme Court decision in "NIFLA" for First Amendment jurisprudence and legislatures seeking to regulate in this area.
Date: January 10, 2018
Creator: Killion, Victoria L.
System: The UNT Digital Library
Supreme Court Agrees to Hear Constitutional Challenge to SEC Administrative Law Judges (open access)

Supreme Court Agrees to Hear Constitutional Challenge to SEC Administrative Law Judges

This report discusses the case of "Lucia v. Securities and Exchange Commission (SEC)" which is scheduled to be heard by the Supreme Court. The case addresses whether administrative law judges(ALJs) within the SEC are "Officers of the United States" (officers) who must be appointed in accordance with the Appointments Clause of Article II of the Constitution.
Date: January 16, 2018
Creator: Killion, Victoria L.
System: The UNT Digital Library
Shining a Light on the Solar Trade: Investigation Leads to Tariffs on Solar-Related Imports (Part 1) (open access)

Shining a Light on the Solar Trade: Investigation Leads to Tariffs on Solar-Related Imports (Part 1)

This report is part one of a report discussing the implementation of a tariff-rate quota on solar-energy related imports for four years beginning February 7, 2018. The announcement was triggered by the results of a U.S. International Trade Commission (ITC) investigation into potential harm to U.S. industries from the importation of solar-panel related parts. The process of an ITC investigation is described in this part of the the report.
Date: January 26, 2018
Creator: Lewis, Caitlain Devereaux
System: The UNT Digital Library
Shining a Light on the Solar Trade: Investigation Leads to Tariffs on Solar-Related Imports (Part 2) (open access)

Shining a Light on the Solar Trade: Investigation Leads to Tariffs on Solar-Related Imports (Part 2)

This report is part two of a report discussing the implementation of a tariff-rate quota on solar-energy related imports for four years beginning February 7, 2018. The announcement was triggered by the results of a U.S. International Trade Commission (ITC) investigation into potential harm to U.S. industries from the importation of solar-panel related parts. This section of the report discusses the background of the investigation and various options the ITC suggested as a remedy to their findings of injury to U.S. industry as well as Congressional considerations.
Date: January 26, 2018
Creator: Lewis, Caitlain Devereaux
System: The UNT Digital Library
Should Federal Law Restrict Where a Company May File Bankruptcy? (open access)

Should Federal Law Restrict Where a Company May File Bankruptcy?

This report discusses laws and regulations regarding where a company may file for bankruptcy and a recently proposed bill which would restrict the locations where companies could file for bankruptcy.
Date: January 18, 2018
Creator: Lewis, Kevin M.
System: The UNT Digital Library
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
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
Import Tariff or Border Tax: What is the Difference and Why Does it Matter? (open access)

Import Tariff or Border Tax: What is the Difference and Why Does it Matter?

This report briefly describes the difference between import tariffs and border taxes and whether the President may unilaterally impose them without congressional approval.
Date: January 30, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
Keystone Revival: Executive Memorandum Paves Way for Possible Approval of Keystone XL Pipeline (open access)

Keystone Revival: Executive Memorandum Paves Way for Possible Approval of Keystone XL Pipeline

This report describes President Trump's executive memorandum regarding the Keystone XL Pipeline and discuses its directives and implications for the future of the pipeline project.
Date: January 26, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
[Not Over 'Til It's Over: TransCanada Denial of Keystone XL Permit] (open access)

[Not Over 'Til It's Over: TransCanada Denial of Keystone XL Permit]

This report discusses the TransCanada announcement that they planned to sue the United States under NAFTA agreements for rejecting the permit for the Keystone XL Pipeline. It also describes a suit in U.S. District Court regarding its view that the executive branch and the President don't have power over cross-border petroleum trade since Congress has passed general legislation regarding such matters as well as legislation approving the Keystone XL Pipeline which was vetoed by the President.
Date: January 19, 2016
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
President Trump Freezes Federal Civil Service Hiring (open access)

President Trump Freezes Federal Civil Service Hiring

This report discusses the federal civil service hiring freeze for the executive branch which was instituted by President Trump on Jan. 23, 2017 and presidential powers to institute such freezes and exceptions available to the hiring freeze.
Date: January 26, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
Renegotiation of the North American Free Trade Agreement (NAFTA): What Actions Do Not Require Congressional Approval? (open access)

Renegotiation of the North American Free Trade Agreement (NAFTA): What Actions Do Not Require Congressional Approval?

This report briefly addresses questions about the extent to which the executive branch may unilaterally renegotiate the North American Free Trade Agreement (NAFTA) and implement amendments to the agreement in domestic law without further action from Congress.
Date: January 26, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
Rescission of the Wet-Foot/Dry-Foot Policy as to Aliens from Cuba Raises Legal Questions (open access)

Rescission of the Wet-Foot/Dry-Foot Policy as to Aliens from Cuba Raises Legal Questions

This report provides answers to frequently asked questions about the legal implications of the Obama Administration's changes in policy as to Cuban citizens and nationals with the announcement of the rescission of the wet-foot/dry-foot immigration policy.
Date: January 18, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library