What Can the New President Do About the Effective Dates of Pending Regulations? (open access)

What Can the New President Do About the Effective Dates of Pending Regulations?

This report discusses legal questions and relevant cases related to a new presidents power to freeze implementation of pending regulation temporarily while it is reviewed by the new administration for compatibility with his policy goals.
Date: January 18, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
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 three 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 -- as well as the litigation related to those executive actions.
Date: October 23, 2017
Creator: Smith, Hillel R. & Harrington, Ben
System: The UNT Digital Library
New Executive Order Directs Agencies to Revise or Rescind Climate Change Rules and Policies (open access)

New Executive Order Directs Agencies to Revise or Rescind Climate Change Rules and Policies

This report discusses Executive Order (EO) 13783 issued by President Trump which directs government agencies to "review, revise, or rescind" climate change related policies and regulations that "unduly burden domestic energy production or use." It also considers legal considerations and possible effects of the order.
Date: April 20, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
Obstruction of Justice Statutes: Legal Issues Concerning FBI Investigations, Specific Intent, and Executive Branch Personnel (open access)

Obstruction of Justice Statutes: Legal Issues Concerning FBI Investigations, Specific Intent, and Executive Branch Personnel

This report discusses obstruction of justice statutes and discussions about whether they apply to FBI investigations in response to the allegations that President Trump interfered in an FBI investigation by encouraging Director James Comey to terminate the investigation into former National Security Adviser Michael Flynn.
Date: May 19, 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
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
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
Out of Office: Vacancies, Acting Officers, and Day 301 (open access)

Out of Office: Vacancies, Acting Officers, and Day 301

This report discusses the provisions of the Vacancies Act and the upcoming expiration of the time limit for temporary staff to to perform the duties of advice and consent staff positions that are still unfilled. Legal effects of letting the Vacancies Act take effect are also discussed.
Date: November 1, 2017
Creator: Brannon, Valerie C.
System: The UNT Digital Library
Net Neutrality: Back to the Future (Part One and Part Two) (open access)

Net Neutrality: Back to the Future (Part One and Part Two)

This report is the first two reports in a series discussing the Federal Communication Commission's proposal to reclassify broadband Internet access services and modify or eliminate "net neutrality" regulations. Various legal aspects of the debate and classification of telecommunications are discussed.
Date: May 30, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
Update: A Steely Look at Steel: Commerce Directed to Prioritize Investigation of the Effects of Steel Imports on National Security (open access)

Update: A Steely Look at Steel: Commerce Directed to Prioritize Investigation of the Effects of Steel Imports on National Security

This report discusses President Trump's April 2017 memorandums ordering the Commerce Department to prioritize investigation of the effects of steel and aluminium imports on U.S. national security. The report outlines the process such an investigation would take and possible outcomes if the Commerce Department determines that imports are threatening national security.
Date: May 1, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
Two-Sided Credit Card Markets: The Supreme Court Takes Up Novel Antitrust Issue (open access)

Two-Sided Credit Card Markets: The Supreme Court Takes Up Novel Antitrust Issue

This report discusses the case of "Ohio v. American Express" which the Supreme Court has accepted for hearing which poses the question of how federal antitrust law should treat two-sided markets which are platforms in which two distinct user groups operate in an interdependent way. The case challenges anti-steering clauses in American Express contract agreements with merchants that prevent the merchants from promoting the use of other credit cards. The case has the potential to change the way vendors accept card payments across the country--but the case also provides the Supreme Court with the opportunity to guide the lower courts that are increasingly confronting antitrust issues concerning two-sided markets. As a result, the American Express case raises several issues for Congress that could implicate its legislative and oversight roles with respect to the financial services industry and, more generally, the regulation of two-sided markets.
Date: November 13, 2017
Creator: Smith, Austin D.
System: The UNT Digital Library
Update: What Constitutes "Sexual Abuse of a Minor" For Immigration Purposes (open access)

Update: What Constitutes "Sexual Abuse of a Minor" For Immigration Purposes

This report provides an update of an earlier report from April 6, 2017, providing the final decision by the Supreme Court in the case of "Esquivel-Quintana v. Sessions". The case concerned the question of whether an immigrant alien who was convicted of sexual abuse of a minor where the minor was under 18 but at least 16 (in this case statutory rape in California between a 21 year old male and a 17 year female) was removable for an aggravated felony under immigration law. The Supreme Court ruled that the immigration law required the victim be under 16 before the removal of an alien for an aggravated felony would be allowable.
Date: June 7, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
Unmanned and Unregulated? Court of Appeals Rejects FAA Regulation of Many Drones (open access)

Unmanned and Unregulated? Court of Appeals Rejects FAA Regulation of Many Drones

This report discusses a ruling by the DC Circuit Court of Appeals which said that model aircraft including many drones were exempt from the FAA's registration rule. Carious implications of the ruling are also discussed.
Date: June 6, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
President Trump's Withdrawal from the Paris Agreement Raises Legal Questions: Parts 1 and 2 (open access)

President Trump's Withdrawal from the Paris Agreement Raises Legal Questions: Parts 1 and 2

This report discusses various legal questions raised by President Trump's announcement of the U.S.'s withdrawal from the Paris Climate Agreement. Questions addressed include the withdrawal process, whether the agreement is binding or non-binding, the role of United States in other international climate meetings, and why President Trump announced the exit.
Date: June 9, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
When is Running Guns from the Philippines to Mexico a Federal Crime? (open access)

When is Running Guns from the Philippines to Mexico a Federal Crime?

This report discusses the case "United States v. Ubaldo" which concerns whether a gun smuggler who smuggled guns from a foreign country through the United States and then into another foreign country can be charged with a federal crime. The Ninth Circuit Court of Appeals upheld the conviction for conspiracy and causing the importation of weapons in violation of the Arms Export Control Act and ban on importing military firearms.
Date: June 26, 2017
Creator: Library of Congress. Congressional Research Service.
System: The UNT Digital Library
Treasury Proposes Rule that Could Deliver a 'Death Sentence" to Chinese Bank (open access)

Treasury Proposes Rule that Could Deliver a 'Death Sentence" to Chinese Bank

This report discusses the Treasury Department's Financial Crimes Enforcement Network (FinCEN) proposal to invoke the "Fifth Special Measure" on the Chinese Bank of Dandong for its alleged role in funding and and processing transactions for North Korea's weapons programs.
Date: October 30, 2017
Creator: Carpenter, David H.
System: The UNT Digital Library
Joint Employment and the Save Local Business Act (open access)

Joint Employment and the Save Local Business Act

This report discusses the proposed "Save Local Business Act" in the House and its provisions and implications for employers and employees in businesses where unions exist. The National Labor Relations Board (NLRB) broadening of the definition of what constituted a joint employer in the case of Browning-Ferris Industries of California led to resist by some in the business community and the "Save Local Business Act" seeks to restore the former more narrow definition of joint employers.
Date: November 15, 2017
Creator: Shimabukuro, Jon O.
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
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
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
A Second Amendment Right to Sell Firearms? The Ninth Circuit, Sitting En Banc, Weighs In (open access)

A Second Amendment Right to Sell Firearms? The Ninth Circuit, Sitting En Banc, Weighs In

This report discusses the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) decision in "Teixeira v. County of Alameda" which reversed the original court decision which held that Second Amendment rights applied to commercial firearm sellers. The course of the case and decision and implications of the ruling are also discussed.
Date: November 2, 2017
Creator: Peck, Sarah Herman
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
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
In Any Way, Shape, or Form? What Qualifies as "Any Court" Under the Gun Control Act? (open access)

In Any Way, Shape, or Form? What Qualifies as "Any Court" Under the Gun Control Act?

This report discusses the requirements under the Gun Control Act of 1968 that prohibit persons convicted of felony crimes and misdemeanor domestic violence from buying or possessing firearms and what courts are covered under the phrase "any court' in the legislation.
Date: November 14, 2017
Creator: Peck, Sarah Herman
System: The UNT Digital Library