Overview of "Travel Ban" Litigation and Recent Developments (open access)

Overview of "Travel Ban" Litigation and Recent Developments

This report provides an overview of the series of executive actions (the first two taking the form of executive orders, and the third issued as a presidential proclamation) commonly referred to as the "Travel Ban," which restrict the entry of specified categories of non-U.S. nationals (aliens) into the United States, and the litigation related to those executive actions. It also addresses a fourth and more recent executive action--an executive order issued on October 24, 2017--which announced the general resumption of refugee admissions into the United States (subject to certain restrictions) following the expiration of a temporary suspension on such admissions.
Date: January 18, 2018
Creator: Smith, Hillel R. & Harrington, Ben
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
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
Congress Considers Reform to Queries of FISA Information as Reauthorization Deadline Approaches (open access)

Congress Considers Reform to Queries of FISA Information as Reauthorization Deadline Approaches

This report is an update of an earlier report regarding Title VII of the Foreign Intelligence Surveillance Act (FISA) and its expiration on January 19, 2018, along with proposed reforms to the FISA process.
Date: January 8, 2018
Creator: Liu, Edward C.
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
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
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
EPA Proposes to Repeal the Clean Power Plan (open access)

EPA Proposes to Repeal the Clean Power Plan

This report is an update of an earlier report regarding the EPA's (Environmental Protection Ageny's) proposed repeal of the Clean Power Plan, which was intended to reduce greenhouse gas emissions. On Dec. 28, 2017 the EPA issued an Advanced Notice of Proposed Rulemaking (ANPRM) seeking input on creating a new replacement regulation for the previous Clean Power Plan.
Date: January 4, 2018
Creator: Tsang, Linda
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
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 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
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
Supreme Court to Hear Voter Roll Case: What are the Implications? (open access)

Supreme Court to Hear Voter Roll Case: What are the Implications?

This report discusses the Supreme Court case of "Husted v. Phillip Randolph Institute," which charges the state of Ohio with violating the National Voter Registration Act (NVRA) through their secondary voter registration maintenance program which removes people from the voter rolls due to inactivity. It discusses a brief history of the case before its coming to the Supreme Court and possible implications of the decision.
Date: January 9, 2018
Creator: Whitaker, L. Paige
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
Smart Toys and the Children's Online Privacy Protection Act of 1998 (open access)

Smart Toys and the Children's Online Privacy Protection Act of 1998

This report discusses "smart toys" for children that use the internet to interact with the user. It outlines various security concerns regarding the collection and use of information about children, and whether these toys are governed by the Children's Online Privacy Protection Act of 1998.
Date: January 8, 2018
Creator: Stevens, Gina
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
An Overview of U.S. Immigration Laws Regulating the Admission and Exclusion of Aliens at the Border (open access)

An Overview of U.S. Immigration Laws Regulating the Admission and Exclusion of Aliens at the Border

This report discusses U.S. immigration law as it relates to the Trump Administration's zero tolerance policy to criminally prosecute migrants who unlawfully enter the United States at the southern border; a policy which has led to the separation of children from parents awaiting prosecution for unlawful entry.
Date: June 25, 2018
Creator: Smith, Hillel R.
System: The UNT Digital Library
The Rise and Decline of the Alien Tort Statute (open access)

The Rise and Decline of the Alien Tort Statute

This report explains the original purpose of the Alien Tort Statute (ATS), restrictions placed on the ATS by the Supreme Court, the effect of the recent case Jesner v. Arab Bank, PLC, and the response from Congress.
Date: June 6, 2018
Creator: Mulligan, Stephen P.
System: The UNT Digital Library