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The Travel Ban Case and Nationwide Injunctions
This report addresses when, if ever, a regional federal trial judge adjudicating a case involving the federal government can award nationwide injunctive relief--a court order that commands a party to take or refrain from taking some action throughout the country. In the context of a suit against the federal government, an injunction with this type of "universal" effect acts to effectively void the law or policy in question. This report briefly explores the nationwide injunction at issue in the travel ban case (Trump v. Hawaii) and surveys a handful of the scholarly and judicial arguments surrounding the nationwide injunction in general
Date:
May 2, 2018
Creator:
Freeman, Wilson C.
System:
The UNT Digital Library
Can Corporations be Held Liable Under the Alien Tort Statute?
This report is an update of an earlier report discussing the Supreme Court case of "Jesner v. Arab Bank" which reports the final decision that foreign corporations such as Arab Bank may not be brought as defendants in lawsuits under the Alien Tort Statute.
Date:
April 24, 2018
Creator:
Mulligan, Stephen P.
System:
The UNT Digital Library
Mississippi Court Halts Enforcement of New Abortion Law
This report discusses a federal district court's decision to halt a new Mississippi law that banned abortions after 15 weeks unless the the life of the mother was in danger.
Date:
April 10, 2018
Creator:
Shimabukuro, Jon O.
System:
The UNT Digital Library
Material Support for Terrorism is Not Always an "Act of International Terrorism," Second Circuit Holds
This report discusses the decision of the U.S. Court of Appeals for the Second Circuit in the case of "Linde v. Arab Bank, PLC".
Date:
March 5, 2018
Creator:
Mulligan, Stephen P.
System:
The UNT Digital Library
What Happens When Five Supreme Court Justices Can't Agree?
This report discusses the Supreme Court case of "Hughes v. United States" where all five justices agreed on the party that should win but they could not agree on why that party should win. The report discusses what justice's opinion, if any should enter future law through case law precedent, similar past cases, and the background of the "Hughes" case.
Date:
April 5, 2018
Creator:
Lewis, Kevin M.
System:
The UNT Digital Library
How Hard Should it Be to Bring a Class Action?
This report discusses the process of bringing a class action suit and the requirements plaintiffs are required to prove before one may be brought.
Date:
March 7, 2018
Creator:
Lewis, Kevin M.
System:
The UNT Digital Library
Net Neutrality: Will the FTC Have Authority Over Broadband Service Providers
This report discusses the U.S. Court of Appeals for the Ninth Circuit decision in "FTC v. AT&T Mobility". The implications of this decision on net neutrality are also discussed.
Date:
March 20, 2018
Creator:
Ruane, Kathleen Ann
System:
The UNT Digital Library
Update of "All Eyes on Allergan: Drug Company's Unprecedented Move Raises Questions for Patent and Drug Law (Part 1)"
This report is an update of a previous report discussing the case of "Allergan Inc. v. Teva Pharmaceuticals USA Inc." which deals with patent law and the rights of brand-name pharmaceutical companies and generic pharmaceutical companies as well as Native American tribes sovereign rights because the St. Regis Mohawk Tribe is a co-plaintiff in the case. The case is currently in the appeals process.
Date:
March 16, 2018
Creator:
Lewis, Caitlin Devereaux
System:
The UNT Digital Library
The Latest on the SEC's Consideration of the Proposed Acquisition of Chicago Stock Exchange
This report is an update of an earlier report regarding the SEC's consideration of a rule change regarding the proposed acquisition of the Chicago Stock Exchange by a group of Chinese investors with ties to the Chinese government. The SEC disapproved the rule change due to a lack of documentation on the funding sources of some investors and the deal was called off on March 5, 2018.
Date:
March 7, 2018
Creator:
Sykes, Jay B.
System:
The UNT Digital Library
How Broad a Shield? A Brief Overview of Section 230 of the Communications Decency Act
This report discusses Section 230 of the Communications Act of 1934 which was added too the law in 1996 to provide liability protection to online service providers regarding what users posted on their sites. Concerns about criminal activity being allowed to continue by companies due to the law and internet freedom advocates support for the law are discussed.
Date:
February 21, 2018
Creator:
Ruane, Kathleen Ann
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
"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
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
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
Would it Violate Equal Protection to Prohibit Naturalized "Dreamers: from Sponsoring Their Parents for Immigrant Visas?
This report discusses the question of whether "Dreamers" who were given a pathway to citizenship and became naturalized citizens could sponsor their parents for immigration visas in the same way any other U.S. citizen could. Case law and various considerations which could affect such a decision are discussed.
Date:
February 12, 2018
Creator:
Harrington, Ben
System:
The UNT Digital Library
Can the Government Prohibit 18-Year Olds From Purchasing Firearms?
This report discusses whether the federal government can prevent 18 year old individuals from buying firearms. The report examines case law regarding the issue.
Date:
March 13, 2018
Creator:
Garcia, Michael John
System:
The UNT Digital Library
It Belongs in a Museum: Sovereign Immunity Shields Iranian Antiquities Even When It Does Not Protect Iran
This report discusses the Supreme Court's decision in the case of "Rubin v. Islamic Republic of Iran" where the court ruled that the Foreign Sovereign Immunities Act (FSIA) did not permit U.S. victims of Iran-sponsored terrorist attacks to seize a collection of Persian antiquities on loan from Iran to a museum at the University of Chicago. The background of the case and case law about the FSIA is also discussed.
Date:
March 22, 2018
Creator:
Mulligan, Stephen P.
System:
The UNT Digital Library
Jrisdiction Stripping: When May Congress Prohibit the Courts from Hearing a Case?
This report discusses the Supreme Court case of "Patchak v. Zinke" and its relevance to Congress. It begins by briefly describing the Court's prior attempts to demarcate the boundaries of Congress's power to take cases away from the federal judiciary. It then discusses the facts and opinions in Patchak and analyzes the effect Patchak may have on Congress's legislative objectives.
Date:
March 15, 2018
Creator:
Lewis, Kevin M.
System:
The UNT Digital Library
District Court Enjoins DACA Phase-out: Explanation and Takeaways
This report is an update of a previous report regarding DACA's phase-out and discusses court injunctions preventing the the phase-out of DACA benefits for those already enrolled and a decision by a Maryland federal court which prevents the Department of Homeland Security (DHS) from using personal information found in DACA applications for law enforcement purposes except by permission of the court in uses needed for national security, public safety, or the public interest.
Date:
March 7, 2018
Creator:
Smith, Hillel R. & Harrington, Ben
System:
The UNT Digital Library
NLRB Rejects Former Standards Following Appointment of New Members
This report discusses recent decisions by the National Labor Relations Board (NLRB) after President Trump appointed two new members to the board. The decisions overturn a variety of significant past decisions and are summarized in the report.
Date:
January 18, 2018
Creator:
Shimabukuro, Jon O.
System:
The UNT Digital Library
District Court Decision May Help Pave the Way for Trump Administration's Border Wall Plans
This report discusses the U.S. District for the Southern District of California's recent decision in a case brought by the State of California against the Department of Homeland Security (DHS) regarding DHS's right to waive environmental and other administrative laws for border fence building projects. The court agreed with other court rulings on the issue and affirmed DHS's right to waive the laws.
Date:
April 2, 2018
Creator:
Vann, Adam
System:
The UNT Digital Library
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
Can Aliens in Immigration Proceedings Be Detained Indefinitely?: High Court Rules on Statutory, but not Constitutional Authority
This report discusses the Supreme Court's ruling in the case of "Jennings vs. Rodriguez" which dealt with whether immigrant aliens could be detained indefinitely. The court ruled that the aliens could be held indefinitely without a bond hearing under statutory law but left the constitutionality of the action open for future interpretation.
Date:
April 3, 2018
Creator:
Smith, Hillel R.
System:
The UNT Digital Library
Overview of "Travel Ban" Litigation and Recent Developments
This report is an update of an earlier report regarding the "travel ban" litigation going through the courts and includes President Trump's April 10th,2018, executive order lifting travel restrictions on nationals of Chad.
Date:
April 23, 2018
Creator:
Smith, Hillel R. & Harrington, Ben
System:
The UNT Digital Library