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"Digital Rights" and Fair Use in Copyright Law
This report examines judicial case law which has considered the doctrine of fair use in relation to the First Amendment, the Digital Millennium Copyright Act, and as a means of protecting private, noncommercial use of digital music and film by consumers. It concludes that when the potential to infringe is great, as it almost always will be in a digital environment, the courts have not been willing to expand fair use to encompass subsidiary uses such as time shifting, space shifting, or personal noncommercial use.
The Unborn Victims of Violence Act
This report examines the act's provisions, and reviews existing state laws that criminalize the killing of a fetus or unborn child. The report also discusses selected cases that have considered the legitimacy of state fetal homicide and unborn child homicide statutes.
Medical Malpractice Liability Reform: Legal Issues and Fifty-State Survey of Caps on Punitive Damages and Noneconomic Damages
No Description Available.
Same-Sex Marriages: Legal Issues
No Description Available.
Electricity Restructuring: Comparison of Comprehensive Bills
Once considered the nation's most regulated industry, the electric utility industry is evolving into a more competitive environment. Currently, the focus of this development is the generating sector, where the advent of new generating technologies has lowered both entry barriers to competitors of traditional utilities and the marginal costs of those competitors below those of some traditional utilities. This technological advance has combined with legislative initiatives, such as the Energy Policy Act (EPACT), to encourage the introduction of competitive forces into the electric generating sector.
WTO Decisions and Their Effect on U.S. Law
Congress has comprehensively dealt with the legal effect of World Trade Organization (WTO) agreements and dispute settlement results in the United States in the Uruguay Round Agreements Act (URAA), P.L. 103-465, which provides that domestic law prevails over conflicting provisions of WTO agreements and prohibits private remedies based on alleged violations of these agreements. As a result, WTO agreements and adopted WTO rulings in conflict with federal law do not have domestic legal effect unless and until Congress or the Executive Branch, as the case may be, takes action to modify or remove the statute, regulation, or regulatory practice at issue. Violative state laws may be withdrawn by the state or, in rare circumstances, invalidated through legal action by the federal government. In addition, the URAA places requirements on federal regulatory action taken to implement WTO decisions and contains provisions specific to the implementation of dispute settlement panel and appellate reports that fault U.S. actions in trade remedy proceedings.
Clean Water Act Issues in the 109th Congress
This report discusses various issues in the 109th Congress pertaining to water infrastructure and water quality standards. Legislative initiatives to comprehensively amend the Clean Water Act (CWA) have stalled for some time as interested parties have debated whether and exactly how to change the law. Congress has recently focused legislative attention on narrow bills to extend or modify selected CWA programs, rather than taking up comprehensive proposals.
Freedom of Speech and Press: Exceptions to the First Amendment
This report provides an overview of the major exceptions to the First Amendment — of the ways that the Supreme Court has interpreted the guarantee of freedom of speech and press to provide no protection or only limited protection for some types of speech.
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.
Border Security: The Complexity of the Challenge
This report is the first in three-part series of CRS reports that make use of analytical frameworks to better understand complex problems in border security and cast them in terms that facilitate the consideration of alternative policies and practices.
Education of the Handicapped Act
This report adresses the education of the handicapped act, its amendments, and a legislative background and section by section summary.
Terrorism at Home and Abroad: Applicable Federal and State Criminal Laws
Terrorists’ attacks on the World Trade Center, the Pentagon, the Murrah building in Oklahoma City, and the American Embassies in Kenya and Tanzania have stimulated demands that the terrorists responsible and those like them be brought to justice. American criminal law already proscribes many of these acts of terrorism and there have been proposals to expand that coverage. This is a brief overview of the state and federal laws that now prohibit terrorism in this country and abroad.
Breastfeeding and Jury Duty: State Laws, Court Rules, and Related Issues
This report discusses the State Laws, Court Rules, and Related Issues related to Breastfeeding and Jury Duty.
U.S Government Unified Budget Outlays by Function and Subfunction expressed on a per Capita Basis and as a percent of the total budget, Selected Fiscal Years 1962-1976: A Review of Budget Trends
This report is a review of Budget Trends of the U.S Government Unified Budget Outlays by Function and Subfunction expressed on a per Capita Basis and as a percent of the total budget, for Selected Fiscal Years 1962-1976.
”Dirty Bombs”: Background in Brief
This report examines the legislation and oversight by Congress to protect the United States against terrorist threats, especially from chemical, biological, radiological, and nuclear (CBRN) weapons. Radiological dispersal devices (RDDs) are one type of CBRN weapon. Explosive-driven "dirty bombs" are an often-discussed type of RDD, though radioactive material can also be dispersed in other ways. This report also provides background for understanding the RDD threat and responses.
The Salvage Timber Sale Rider: Overview and Policy Issues
The salvage timber rider is actually the Emergency Salvage Timber Sale Program, enacted as �2001 of P.L. 104-19, the 1995 Emergency Supplemental Appropriations and Rescissions Act on July 27, 1995.
Drinking Water State Revolving Fund (DWSRF): Program Overview and Issues
The Safe Drinking Water Act (SDWA) Amendments of 1996 authorized a drinking water state revolving loan fund (DWSRF) program to help public water systems finance infrastructure projects needed to comply with federal drinking water regulations and to protect public health. The Environmental Protection Agency's (EPA's) latest (2003) survey of capital improvement needs for public water systems found that water systems need to invest $276.8 billion on infrastructure improvements over 20 years to ensure the provision of safe water. Key issues include the gap between estimated needs and funding, SDWA compliance costs, and the need for cities to update and maintain water infrastructure, apart from SDWA compliance.
The U.S. Foreign Intelligence Surveillance Court and the U.S. Foreign Intelligence Surveillance Court of Review: An Overview
This report examines the creation, membership, structure, and jurisdiction of these courts.
Reform of the Foreign Intelligence Surveillance Courts: Disclosure of FISA Opinions
This report address current FISC procedures regarding disclosure, and will continue by analyzing the legal implications of mandating executive branch release of FISA opinions.
Follow-On Biologics: The Law and Intellectual Property Issues
This report reviews the BPCIA within the context of intellectual property and innovation issues.
The Consumer Product Safety Act: A Legal Analysis
This report provides a legal overview of the Consumer Product Safety Act's (CPSC) structure, jurisdiction, and statutory powers under the CPSA.
Venue: A Brief Look at Federal Law Governing Where a Federal Crime May Be Tried
This report is an abridged version of CRS Report RL33223, Venue: A Legal Analysis of Where a Federal Crime May Be Tried, by Charles Doyle, stripped of the footnotes and most of the citations to authority found in the longer version.
Abortion Services and Military Medical Facilities
The purpose of this report is to describe and discuss the provisions for providing abortion services to military personnel, their dependents, and other military health care beneficiaries at military medical facilities. The report describes the history of these provisions, with particular emphasis on legislative actions. Finally, this report discusses a number of proposals to modify the law, as well as other related legislative and administrative actions.
Abortion Services and Military Medical Facilities
The purpose of this report is to describe and discuss the provisions for providing abortion services to military personnel, their dependents, and other military health care beneficiaries at military medical facilities. The report describes the history of these provisions, with particular emphasis on legislative actions. Finally, this report discusses a number of proposals to modify the law, as well as other related legislative and administrative actions.
1099 Information Reporting Requirements and Penalties as Modified by the Patient Protection and Affordable Care Act and the Small Business Jobs Act of 2010
This report discuses the 2010 expansion of reporting requirements listed in IRC (Internal Revenue Code) 6041. The controversy in these expansions lies in the burden the expansion imposes on small businesses. The report also describes the pieces of legislation that have amended IRC 6041, and the implications of that legislation along with the consequences of IRC 6041.
Visa Waiver Program
This report provides an overview of the Visa Waiver Program, including the legislative history and policy issues.
The Financial Impact of Child Support on TANF Families: Simulation for Selected States
This report provides a limited discussion of DRA's effect on former TANF families. The report address only the direct effects of adopting the DRA child support pass-through and disregard.
The Leahy-Smith America Invents Act: Innovation Issues
This report provides an overview of the America Invents Act. It begins by offering a brief overview of the patent system. The specific components of this legislation are then identified and reviewed in greater detail.
Casework in a Congressional Office: Background, Rules, Laws, and Resources
This report discusses House and Senate rules and guidelines, laws, and regulations affecting congressional casework, as well as the role of caseworkers. It also provides sample outlines and document templates for implementing and managing congressional casework.
Victims of Crime Compensation and Assistance: Background and Funding
This report provides background and funding information on the CVF and VOCA.
Selected Federal Water Activities: Agencies, Authorities, and Congressional Committees
The report focuses on the complexity of federal activities related to water, based on four general topics: (1) "Water Resources Development, Management, and Use"; (2) "Water Quality, Protection, and Restoration"; (3) "Water Rights and Allocation"; and (4) "Research and Planning." It aims to serve as a guide to federal water-related activities, including the administering agency (or agencies), the primary or overarching authorities for such activities, and House and Senate committee jurisdictions.
Summaries of Major Laws Implemented by the National Marine Fisheries Service
The National Marine Fisheries Service (NMFS) is located within the National Oceanic and Atmospheric Administration (NOAA) in the Department of Commerce. NOAA and NMFS were created by President Nixon's Reorganization Plan No. 4 of July 9, 1970 (84 Stat. 2090). Programs now comprising NMFS had previously been located in the Bureau of Commercial Fisheries within U.S. Fish and Wildlife Service (FWS) in the Department of the Interior.
H.R. 3185: The 401(k) Fair Disclosure for Retirement Security Act of 2007
This report provides information on the kinds of fees that are charged in 401(k) plans and details the provisions of H.R. 3185, the 401(k) Fair Disclosure for Retirement Security Act as introduced on July 14, 2007.
Vulnerable Youth: Background and Policies
This report first provides an overview of the youth population and the increasing complexity of transitioning to adulthood for all adolescents. It also provides a separate discussion of the concept of "disconnectedness," as well as the protective factors youth can develop during childhood and adolescence that can mitigate poor outcomes. Further, the report describes the evolution of federal youth policy, focusing on three time periods, and provides a brief overview of current federal programs targeted at vulnerable youth. The report then discusses the challenges of coordinating federal programs for youth, as well as federal legislation and initiatives that promote coordination among federal agencies and support programs with a positive youth development focus.
Bankruptcy Reform in the 108th Congress
On March 19, 2003, the House of Representatives passed H.R. 975, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2003. H.R. 975, as introduced, was substantially similar to the legislation (H.R. 333) approved by both the House and the Senate during the 107th Congress, but omitted the Schumer Amendment which would have prevented the discharge of liability for willful violation of protective orders and violent protests against providers of “lawful services,” including reproductive health services. As passed by the House, H.R. 975 was amended to add sections to, among other things, increase the cap on wage and employee benefit claims. The Senate did not consider H.R. 975 during the first session of the 108th Congress. This report provides an overview of selected major provisions of the legislation.
Changing the Federal Predator Control policy
This report addresses changing the federal predator control policy, including a summary of major provisions and pros and cons relating to the administration legislative proposal.
NEPA and Hurricane Response, Recovery, and Rebuilding Efforts
No Description Available.
Katrina Emergency Tax Relief Act of 2005
This report discusses the Katrina Emergency Tax Relief Act which was signed into law by President Bush on September 23, 2005. It primarily contains temporary tax relief intended to directly and indirectly assist individuals in recovering from Hurricane Katrina. The provisions cover a variety of areas, including work credits, charitable giving, and casualty losses.
Federal Pay – Status of January 2004 Adjustments: A Fact Sheet
This article talks about federal pay adjustment rates and the general schedule pay adjustment
Broadband Internet Access and the Digital Divide: Federal Assistance Programs
This report provides an overview of the "digital divide," which is a term used to describe a perceived gap between those Americans who use or have access to telecommunications and information technologies and those who do not.The report also dicusses about an important subset of th digital divide debate concerns high-speed Internet Access.
Nonimmigrant Overstays: Brief Synthesis of the Issue
This report discusses a fundamental problem of immigration control in which foreign nationals enter legally on a temporary basis and continue to stay after their visas expire.
Energy Policy: The Continuing Debate and Omnibus Energy Legislation
This report discusses a variety of issues pertaining to energy policy. It includes information about most recent developments, background and analysis broken down into major categories, and relevant legislation.
Soil and Water Conservation Issues
This report discusses soil and water conservation, which were prominent farm policy topics in the 108th Congress as the Administration implemented provisions in the 2002 farm bill (P.L. 107-171). This farm bill increased spending and expanded the scope of the conservation effort by reauthorizing and amending most existing conservation programs and enacting new ones through FY2007.
The Renewable Fuel Standard (RFS): An Overview
This report provides a basic description of the Renewable Fuel Standard (RFS), including some of the widely discussed policy issues related to it and the 2018 RFS standard.
The National Directory of New Hires
This report details the National Directory of New Hires - including its background, how data is managed in the directory, and concerns regarding the directory.
The President's Immigration Accountability Executive Action of November 20, 2014: Overview and Issues
This report discusses President Obama's Immigration Accountability Executive Action which revises some U.S. immigration policies and initiates several programs, including a revised border security policy for the Southwest border.
The Impact of the Federal Estate Tax on State Estate Taxes
This report provides an overview of the federal estate tax since 2001, highlighting recent trends in federal and state estate tax revenue. The report also analyzes the impact of the three policy options cited above, and presents an economic perspective of the policy options.
Internet Gambling: An Overview of Federal Criminal Law
This report provides an overview of the federal criminal law on internet gambling. It includes the citations to sate and federal gambling laws and the text of the statutes.
The U.S. Secret Service: An Examination and Analysis of Its Evolving Missions
This report frames potential policy questions concerning the Service's mission and organization through an examination of the USSS history and its statutory authorities, missions, and present activities within DHS.
Adoption Promotion Legislation in the 105th Congress
This report discusses the type of adoption legislation in the 105th Congress. Specifically, the report tackles the idea that children are kept in foster care too long and that this may cause lower adoption rates. The report also discusses the enormous support for this legislation in the Senate and the House.
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