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The Doctrine of Constitutional Avoidance: A Legal Overview
This report discusses select issues regarding judicial review, and offers some contemporary views on the Ashwander Doctrine, under which the Supreme Court avoids ruling decisively in cases that it deems able to be resolved outside of the court, non-constitutionally (Constitutional Avoidance).
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.
Abortion Law Development: A Brief Overview
This report offers an overview of the development of abortion law from 1973 to the present. Beginning with a brief discussion of the historical background, the report analyzes the leading Supreme Court decisions over the past twenty-eight years, emphasizing particularly the landmark decisions in Roe and Doe, the Court’s shift in direction in Webster v. Reproductive Health Services and Planned Parenthood of Southeastern Pennsylvania v. Casey, and the Court’s most recent decision on abortion, Stenberg v. Carhart. The Court’s decisions on the constitutionality of restricting public funding for abortion are also discussed.
The Uniformed and Overseas Citizens Absentee Voting Act: Background and Issues for the 107th Congress
No Description Available.
Federal Tort Reform Legislation: Constitutionality and Summaries of Selected Statutes
This report considers the constitutionality of federal tort reform legislation, such as the products liability and medical malpractice reform proposals that have been introduced for the last several Congresses.
Oil Pollution Act of 1990 (OPA): Liability of Responsible Parties
The Oil Pollution Act of 1990 (OPA) establishes a framework that addresses the liability of responsible parties in connection with the discharge of oil into the navigable waters of the United States, adjoining shorelines, or the exclusive economic zone. Among other provisions, OPA limits certain liabilities of a responsible party in connection with discharges of oil into such areas. This report addresses liability under OPA for removal costs and damages, and the basic procedure for recovering removal costs and damages from the Oil Spill Liability Trust Fund in the event that the responsible party fails to settle such claims.
Energy Efficiency and Renewable Energy Legislation in the 109th Congress
This report reviews the status of energy efficiency and renewable energy legislation introduced during the 109th Congress. Action in the second session has focused on appropriations bills; the first session focused on omnibus energy policy bill H.R. 6, H.R. 3, and several appropriations bills. For each bill listed in this report, a brief description and a summary of action are given, including references to committee hearings and reports. Also, a selected list of hearings on renewable energy is included. This report supplements the tracking of issues that appear in CRS Issue Brief IB10020 and CRS Issue Brief IB10041.
Energy Efficiency and Renewable Energy Legislation in the 109th Congress
This report reviews the status of energy efficiency and renewable energy legislation introduced during the 109th Congress. Action in the second session has focused on appropriations bills; the first session focused on omnibus energy policy bill H.R. 6 and several appropriations bills. this report describes several major pieces of legislation, including the Energy Policy Act of 2005 and the Transportation Equity Act. For each bill listed in this report, a brief description and a summary of action are given, including references to committee hearings and reports. Also, a selected list of hearings on renewable energy is included.
Political Broadcasts - Regulate or Deregulate?
No Description Available.
Copyright Law: Digital Rights Management Legislation
Digital Rights Management (DRM) refers to the technology that copyright owners use to protect digital media. This report surveys several of the DRM bills that were introduced in the 107th Congress and those that are pending in the 108th Congress. Generally, the bills are directed at two separate goals. One goal is to increase access to digitally-protected media for lawful purposes. The other attempts to thwart digital piracy and would do so by enhancing civil and criminal sanctions for digital (and traditional) copyright infringement and educating the public about the rights of copyright holders.
Community Oriented Policing Services (COPS): Background and Funding
The Community Oriented Policing Services (COPS) program was created by Title I of the Violent Crime Control and Law Enforcement Act of 1994 (P.L. 103-322). The mission of the COPS program is to advance community policing in all jurisdictions across the United States. Legislation introduced in the 111th Congress would reauthorize the COPS program through FY2014 and reestablish COPS as a multi-grant program. This report provides an overview and analysis of issues Congress might choose to consider when taking up legislation to reauthorize the COPS program.
The Wetlands Coverage of the Clean Water Act is Revisited by the Supreme Court: Rapanos and Carabell
Twice in the past, the Supreme Court has grappled with issues as to the geographic scope of the wetlands permitting program in the federal Clean Water Act (CWA). On October 11, 2005, the Supreme Court agreed to hear two more cases (consolidated by the Court) addressing such questions — both from the SixthCircuit. In Rapanos v. United States, the issue is whether the permitting program applies to wetlands that are only distantly connected to traditional navigable waters — i.e., or at least do not actually abut them. In Carabell v. U.S. Army Corps of Engineers, the issue is whether the program reaches wetlands that are not hydrologically connected to any “water of the United States,” the CWA term that defines the act’s geographic reach. Both cases also raise a constitutional question: assuming that the disputed CWA coverage exists, did Congress, in enacting the CWA, exceed its authority under the Commerce Clause of the Constitution? Implicating hot-button legal issues such as federal-state relations under the Commerce Clause and private property rights, and affecting the reach of several CWA provisions outside the permitting program, the Court’s decision is sure to be of great interest.
The Wetlands Coverage of the Clean Water Act is Revisited by the Supreme Court: Rapanos and Carabell
Twice in the past, the Supreme Court has grappled with issues as to the geographic scope of the wetlands permitting program in the federal Clean Water Act (CWA). On October 11, 2005, the Supreme Court agreed to hear two more cases (consolidated by the Court) addressing such questions — both from the SixthCircuit. In Rapanos v. United States, the issue is whether the permitting program applies to wetlands that are only distantly connected to traditional navigable waters — i.e., or at least do not actually abut them. In Carabell v. U.S. Army Corps of Engineers, the issue is whether the program reaches wetlands that are not hydrologically connected to any “water of the United States,” the CWA term that defines the act’s geographic reach. Both cases also raise a constitutional question: assuming that the disputed CWA coverage exists, did Congress, in enacting the CWA, exceed its authority under the Commerce Clause of the Constitution? Implicating hot-button legal issues such as federal-state relations under the Commerce Clause and private property rights, and affecting the reach of several CWA provisions outside the permitting program, the Court’s decision is sure to be of great interest. 0
Central American Politics: A Brief Survey of the Governments and Politics of Costa Rica, El Salvador, Guatemala, Honduras, Nicargua, and Panama
This report addresses politics in Central America in 1969.
Social Security Coverage for Employees of State and Local Governments
This report describes the Social Security Coverage for Employees of State and Local Governments.
BiIIs, Resolutions, Nominations, and Treaties : Origins, Deadlines, Requirements, and Uses
This report presents Origins, Deadlines, Requirements, and Uses of BiIIs, Resolutions, Nominations, and Treaties related to Congress.
The Role of Congress in the Department of Defense Reorganization Act of 1958
This report describes the Role of Congress in the Department of Defense Reorganization Act of 1958.
Governmental Response to Drug Abuse : The 1977 Federal Budget
This report contains year's budget analysis prepared by many governments officials
Congressional Staff: A Selected Bibliography
This report is a selected bibliography of works about congressional staff.
Independent Research and Development, A Bibliography 1970
This report is an bibliography of independent research and development.
The Individuals with Disabilities Education Act (IDEA): Selected Changes that Would be Made to the Law by H.R. 1350, 108th Congress
CRS Report for Congress entailing information about changes being made to the law because of the Individuals with Disabilities Act (IDEA). Topics include, eligibility by jurisdiction, safeguarding, evaluation and Individualized Education Programs (IEPS), etc..
Interior and Related Agencies: FY2006 Appropriations
This report is a guide to one of the regular appropriations bills that Congress considers each year.
Venezuela: Background and U.S. Relations
This report provides a summary of the background of Venezuela and its relations with the United States.
Majority, Concurring, and Dissenting Opinions Authored by Judge Merrick Garland
This report identifies and briefly summarizes each of the more than 350 cases in which Judge Garland has authored a majority, concurring, or dissenting opinion. Arguably, these written opinions provide the greatest insight into Judge Garland's judicial approach, as a judge's vote in a case or decision to join an opinion authored by a colleague may be based upon a number of considerations and may not necessarily represent full agreement with a joined opinion.
Insurance Regulation: Issues, Background, and Legislation in the 113th Congress
This report discusses the legislation in the 113th Congress regarding insurance regulation. Among the insurance regulatory issues addressed by legislation in the 113th Congress are the application of federal orderly liquidation authority to insurers (addressed in H.R. 605); the supervision of some insurers by the Federal Reserve (addressed in H.R. 2140, H.R. 4510, H.R. 5461, S. 2102, and S. 2270); and the licensing of insurance agents and brokers (addressed in S. 534, S. 1926, S. 2244, H.R. 1155/H.R. 1064, and H.R. 4871).
From Slip Law to United States Code: A Guide to Federal Statutes for Congressional Staff
This report provides an overview of federal statutes in their various forms, as well as basic guidance for congressional staff interested in researching statutes.
The Affordable Care Act’s Contraceptive Coverage Requirement: History of Regulations for Religious Objections
This report summarizes the issues involved with the Affordable Care Act's (ACA) requirement in group health plans for contraceptive coverage. Moreover, the report covers the history of how religious objections to this provision of the ACA have been handled. Specifically, the report discuses this topic in relation to employers providing health insurance for employees.
Abortion Law Development: A Brief Overview
This report summarizes the history of legislation on abortion. Moreover, the report discusses the conflict that surrounds the history of the court cases and how it has effected legislation passed since Roe v. Wade. The report also covers how Roe v. Wade and Doe v. Bolton did not cover a variety of issues that have since been raised by states seeking to restrict abortion.
Polygraph Tests: An Examination of Developments Bearing on Their Legal and Scientific Acceptance
This report discusses polygraph testing and its use in criminal investigations and acceptability in court.
Juvenile Justice: Legislative History and Current Legislative Issues
This report will analyze the current federal legislation that impacts the state juvenile justice systems.
Products Liability: A Legal Overview
No Description Available.
The Law of the Sea Convention and U.S. Policy
This report includes information regarding the Law of the Sea Convention and United States policy. Background, United States interests, and Senate issues are among topics discussed in this report.
U.S. International Broadcasting: Background and Issues for Reform
This report discusses the United States International Broadcasting Act of 1994 (USIB Act) and the U.S. international broadcasting services were consolidated under the BBG within the United States Information Agency (USIA).
Immigration Fundamentals
This report describes the fundamentals of the Immigration and Nationality Act (INA), which was enacted in 1952 and significantly amended since, most recently by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
The “Farm Bill” in Brief
This report briefly discusses federal farm support, food assistance, agricultural trade, marketing, and rural development policies are governed by a variety of separate laws. Many of these laws periodically have been evaluated, revised, and renewed through an omnibus, multi-year farm bill. These policies can be and sometimes are modified through free-standing authorizing legislation, or as part of other laws.
Recent State Election Law Challenges: In Brief
This report begins by setting forth key constitutional provisions relevant to recent state election law challenges. Next, it discusses federal statutory provisions contained in the Voting Rights Act and the National Voter Registration Act and briefly examines pertinent Supreme Court precedent. Then, based on that legal framework, it provides an overview of several recent challenges to state election laws in Michigan, North Carolina, Ohio, and Texas that resulted in major decisions by the various federal courts of appeals as illustrative examples of the types of challenges that have been playing out in the courts. Finally, the report discusses some potential implications of these challenges.
Immigration Reform Issues in the 111th Congress
This report synthesizes the multi-tiered debate over immigration reform into key elements: legal; immigration; legalization; immigration control; refugees, asylees, and humanitarian migrants; and, alien rights, benefits and responsibilities.
Federal programs and assistance benefiting the elderly
This report provides information about Federal programs and assistance benefiting the elderly primarily those persons age 60 and older.
Legal Status of Unions and Collective Bargaining in the Armed Forces
No Description Available.
Immigration Consequences of Criminal Activity
This report discusses the potential immigration consequences of criminal activity. "Criminal activity" generally refers to conduct for which an alien has been found or plead guilty before a court of law, though in limited circumstances consequences may attach to the commission of a crime or admission of acts constituting the essential elements of a crime.
Immigration Legislation and Issues in the 111th Congress
This report discusses Congressional debate of comprehensive immigration reform and other immigration-related issues that have seen legislative action or are of significant congressional interest.
Child Care Issues in the 107th Congress
This report includes recent developments in federal child care programs and tax provisions. The report discusses several federal programs that support child care or related services, primarily for low-income working families. In addition, the tax code includes provisions specifically targeted to assist families with child care expenses. The report presents the legislative activity in the 107th Congress in regard to child care legislature and provisions.
An Economic Analysis and Brief Legislative Overview of Usury Ceilings
This report gives an economic analysis of usury ceilings, laws which set the maximum legal rate of interest to be charged on particular types of loans. It provides a brief overview of recent Federal l e g i s l a t i o n dealing with usury, with special emphasis on the Federal authorities mandated by P.L. 96-221, and the effectiveness of Federal preemption of State usury laws.
Apprehensions of Unauthorized Migrants along the Southwest Border: Fact Sheet
This report discusses the number of illegal alien apprehensions between southern ports of entry (POE) in the United States, which has generally declined.
The Workforce Investment Act of 1998 (WIA): Reauthorization of Job Training Programs in the 109th Congress
This report discusses the Workforce Investment Act of 1998 (WIA), P.L. 105-220, which is the nation’s chief job training legislation, authorizes several job training programs, including Youth, Adult, and Dislocated Worker Activities; and Job Corps.
Homeland Security Department: FY2012 Appropriations
This report describes the FY2012 appropriations for the department of homeland security (DHS).
Federal Lifeline Program: Frequently Asked Questions
This report discusses the Federal Lifeline Program established by the Federal Communications Commission (FCC) in 1985. The program was originally designed to assist eligible low-income households to subsidize the monthly service charges incurred for voice telephone usage and was limited to one fixed line per household.
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
Termination of Temporary Protected Status for Sudan, Nicaragua, Haiti, and El Salvador: Key Takeaways and Analysis
This report discusses Temporary Protected Status (TPS) designations and answers questions regarding the recent termination of TPS for those from El Salvador, Nicaragua, Haiti, and Sudan.
Drug Enforcement in the United States: History, Policy, and Trends
This report reviews federal domestic drug enforcement. First, it provides a history and background of drug enforcement in the United States including how drugs came under the control of federal justice authorities and how legislation and administrative actions changed domestic drug enforcement. It then provides a brief overview of drug enforcement in the United States and summarizes U.S. drug policy. Finally, the report presents trends in federal drug enforcement and concludes with a discussion of drug enforcement issues going forward.
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