Forfeiture has survived through time in American law, and since 1984, the use of forfeiture statutes to divest felons of their spoils has increased substantially. This report reviews the case law which raises the issue concerning many relative to whether some civil forfeiture proceedings constitute punishment which may violate the Eighth Amendment's excessive fines clause.
This report discusses the events leading to the creation of a permanent international criminal tribunal and U.S. perspectives on the Court including: problematic provisions in the ICC Treaty, congressional considerations, and potential implications for U.S. foreign policy.
This report discusses gun industry liability issues after the Maryland Court of Appeals announced that it was changing the common law "to hold the manufacturers and marketers of Saturday Night Special handguns strictly liable to innocent persons who suffer gunshot injuries from the criminal use of their products." Kelley v. R.G. Industries, Inc., 497 A.2d 1143, 1159 (Md. 1985).
This report gives an overview of the Foreign Corrupt Practices Act of 1977, which was intended to prohibit bribery of foreign officials by American corporations. It includes information about the original legislation, amendments in 1988, and amendments in 1998 that brought the legislation into conformance with the Organization for Economic Cooperation and Development's agreement on bribery.
The 1990 Clean Air Act Amendments provided the Environmental Protection Agency (EPA) and the states with new tool to address the problem of interstate transport of air pollutants. This report discusses the actions undertaken as a direct result of this act, additional pollution reduction enforcement measures pursued by the EPA, and actions undertaken by states to reduce offending emissions not in compliance with these measures.
This report discusses two Clean Air Act provisions that can result in denial of federal highway funding to local areas: sanctions and the lapse of what is called "conformity." Under the Clean Air Act, the Administrator of the Environmental Protection Agency is required to impose highway fund or other sanctions on areas that have not submitted or not implemented adequate plans to attain air quality standards. In addition, federal agencies may not provide financial support to transportation improvements in areas that have not attained air quality standards, unless the improvements conform with the State Implementation Plan for achieving air quality. This report provides information concerning the authority to impose sanctions and to make conformity determinations, lists the areas that have been subject to sanctions determinations since 1990, describes their current status, and discusses the role of sanctions and alternatives under the Act. This report will be updated as developments warrant.
After several years of relative peace in Central Asia and southern Russia, Islamic extremist movements have become more active in Russia and in Central and South Asia, threatening stability in the region. Although numerous factors might account for the upsurge in activity, several of these movements appear to have connections to the Islamic fundamentalist Taliban regime in Afghanistan. These linkages raise questions about whether the United States, as part of a broader effort to promote peace and stability in the region, should continue to engage the Taliban regime, or strongly confront it. This report will be updated as events warrant.
Although Congress authorizes most federal programs for multiple years, it annually authorizes programs for national defense as well as appropriating funding for them each fiscal year. Of the activities traditionally authorized and funded, the Department of Defense (DOD) administers the following six environmental programs: environmental restoration, compliance, cleanup at base closure sites, pollution prevention, environmental technology, and natural resource conservation.
On May 14, 1999, in American Trucking Ass'ns v. EPA, a U.S. court of Appeals ruled that deficiencies in EPA's promulgation of new primary and secondary air quality standards required that they be remanded to the agency for further consideration. The decision is controversial, in part because the two-judge majority opinion relied principally on a long-moribund legal doctrine known as the nondelegation doctrine. The decision, if it survives appeal, will thus have implications for all delegations of congressional authority to agencies. In addition, its holding that the revised ozone ambient standard cannot be enforced has sparkled debate. By itself, however, the decision is unlikely to have major short-term effects on the ozone and particulate matter control programs
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