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The 2009 Influenza A(H1N1) Outbreak: Selected Legal Issues
This report summarizes the legal issues concerning the 2009 influenza A(H1N1) outbreak. The report also includes information on how containment may occur to extrapolate the legal implications of the various ways to reduce the level of contamination. The report ultimately explores the questions that may be raised as the government implements a solution to remedy the situation.
Access to Government Information in the United States
The U.S. Constitution makes no specific allowance for any one of the three branches of the federal government to have access to information held by the others. No provision in the U.S. Constitution expressly establishes a procedure for public access to government information. Congress has legislated various public access laws. Among these laws are two records access statutes, The Freedom of Information Act, the Privacy Act, and two meetings access statutes, the Federal Advisory Committee Act, and the Government in the Sunshine Act. This report offers an overview of the four information access laws noted above, and provides citations to additional resources related to these tools.
Access to Government Information in the United States: A Primer
This report offers an introduction to the four access laws and provides citations to additional resources related to these statutes. It includes statistics on the use of the Freedom of Information Act (FOIA) and the Federal Advisory Committee Act (FACA) and on litigation related to FOIA. In addition, this report provides some examples of the methods Congress, the President, and the courts have employed to provide or require the provision of information to one another, as well as a list of resources related to transparency, secrecy, access, and nondisclosure.
The Alabama School Prayer Case: Chandler v. Siegelman
This report considers the events of Chandler v. James in 1997. The case was a federal district court ruling in Alabama holding up a statute to violate the establishment of religion of the First amendment. The Governor attempted to appeal the court's position to both the Supreme Court and the circuit court but was denied.
Analysis of Selected Legislative Proposals Addressing Guantanamo Detainees
This report discusses the approaches that selected legislative proposals take regarding Guantanamo detainees.
Analysis of Selected Legislative Proposals Addressing Guantanamo Detainees
This report discusses the approaches that selected legislative proposals take regarding Guantanamo detainees.
Arrest and Detention of Material Witnesses and the USA PATRIOT Act and Terrorism Reauthorization Act (H.R. 3199): A Sketch
Section 12 of the USA PATRIOT and Terrorism Prevention Reauthorization Act (H.R. 3199), as reported by the House Judiciary Committee, directed the Department of Justice to review the detention of individuals under the federal material witness statute, including their length of detention], conditions of access to counsel, frequency of access to counsel, offense at issue, and frequency of appearance before a grand jury. This report illustrates the level of controversy easily generated by material witness statutes.
Arrest and Detention of Material Witnesses: Federal Law In Brief and Section 12 of the USA PATRIOT and Terrorism Prevention Reauthorization Act (H.R. 3199)
This report is an overview of the law under the federal material witness statute which authorizes the arrest of material witnesses, permits their release under essentially the same bail laws that apply to federal criminal defendants, but favors their release after their depositions have taken. A list of citations to comparable state statutes and a bibliography of law review articles and notes are appended.
Bangladesh: Background and U.S. Relations
This report discusses the key issues regarding U.S.-Bangladesh Relations. U.S. policy toward Bangladesh emphasizes support for political stability and democracy; social and economic development; and improvement of human rights. The United States has long-standing supportive relations with Bangladesh and has viewed Bangladesh as a moderate voice in the Islamic world.
A Brief Summary of the HIPAA Medical Privacy Rule
This report provides a brief overview of the modified HIPAA Privacy rule, “Standards for the Privacy of Individually Identifiable Health Information” (“privacy rule”) published on August 14, 2002 by the Department of Health and Human Services (HHS).
A Brief Summary of the Medical Privacy Rule
This report provides a brief overview of the modified medical privacy rule, “Standards for the Privacy of Individually Identifiable Health Information”(“privacy rule”) published on August 14, 2002 by the Department of Health and Human Services (HHS). The privacy regulation creates a new federal floor of privacy protections while leaving in place more protective state rules or practices. The rule establishes a set of basic consumer protections and a series of regulatory permissions for uses and disclosures of protected health information.
A Brief Summary of the Medical Privacy Rule
On March 27, 2002 the Department of Health and Human Services (HHS) published its proposed changes to the medical privacy regulations issued by the Clinton Administration under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). HHS is accepting comments on the proposed changes until April 26, 2002. This report provides an overview of the final rule for “Standards for the Privacy of Individually Identifiable Health Information” ( “privacy rule”) that went into effect on April 14, 2001, and an overview of the Bush Administration’s proposed changes to the privacy regulation.
A Brief Summary of the Medical Privacy Rule
This report provides a brief overview of the recently modified medical privacy rule, “Standards for the Privacy of Individually Identifiable Health Information”(“privacy rule”) published on August 14, 2002 by the Department of Health and Human Services (HHS). The privacy rule went into effect April 14, 2001, with compliance required by April 2003 for most entities. The regulation creates a new federal floor of privacy protections while leaving in place more protective state rules or practices. The rule establishes a set of basic consumer protections and a series of regulatory permissions for uses and disclosures of protected health information.
Bringing Peace to Chechnya?: Assessments and Implications
A consistent theme of U.S. and other international criticism of Russia is that Russian troops use excessive and indiscriminate force to quell separatism in Chechnya and commit serious human rights abuses. There appeared to be fewer Administration suggestions to Russia that it should open peace talks with “moderate” separatists, more tolerance for Russia’s argument that it primarily was battling terrorism in Chechnya, and some hope that elections and rebuilding in Chechnya could contribute to a “political settlement.” But some in the Administration also argue that Russia is showing declining interest in the adoption of Western democratic and human rights “values,” and that such slippage could ultimately harm bilateral relations.
Campaign Finance Regulation Under the First Amendment:
This Report first discusses the critical holdings enunciated by the Supreme Court in Buckley, including those: upholding reasonable contribution limits, striking down expenditure limits, upholding disclosure reporting requirements, and upholding the system of voluntary presidential election expenditure limitations linked with public financing. It then examines the Court’s extension of Buckley in fourteen subsequent cases, evaluating them in three regulatory contexts: contribution limits (California Medical Association v. FEC; Citizens Against Rent Control v. Berkeley; Nixon v. Shrink Missouri Government PAC), expenditure limits (First National Bank of Boston v. Bellotti; FEC v. Massachusetts Citizens for Life; Austin v. Michigan Chamber of Commerce; FEC v. National Right to Work; Colorado Republican Federal Campaign Committee v. FEC; FEC v. Democratic Senatorial Campaign Committee; FEC v. National Conservative Political Action Committee), and disclosure requirements (Buckley v. American Constitutional Law Foundation; Brown v. Socialist Workers ‘74 Campaign Committee; FEC v. Akins; McIntrye v. Ohio Elections Commission).
Campaign Finance Regulation Under the First Amendment: Buckley v. Valeo and its Supreme Court Progeny
This report first discusses the critical holdings enunciated bythe SupremeCourt in Buckley, including those: upholding reasonable contribution limits, striking down expenditure limits, upholding disclosure reporting requirements, and upholding the system of voluntary presidential election expenditure limitations linked with public financing. It then examines the Court’s extension of Buckley in fifteen subsequent cases, evaluating them in three regulatory contexts: contribution limits (California Medical Association v. FEC; Citizens Against Rent Control v. Berkeley; Nixon v. Shrink Missouri Government PAC; FEC v. Beaumont), expenditure limits (First National Bank of Boston v. Bellotti; FEC v. Massachusetts Citizens for Life; Austin v. Michigan Chamber of Commerce; FEC v. National Right to Work; Colorado Republican Federal Campaign Committee (Colorado I) v. FEC; FEC v. Colorado Republican Federal Campaign Committee (Colorado II); FEC v. Democratic Senatorial Campaign Committee; FEC v. National Conservative Political Action Committee), and disclosure requirements (Buckley v. American Constitutional Law Foundation; Brown v. Socialist Workers ‘74 Campaign Committee; FEC v. Akins; McIntrye v. Ohio Elections Commission).
Campaign Finance Regulation Under the First Amendment: Buckley v. Valeo and its Supreme Court Progeny
This report first discusses the critical holdings enunciated bythe SupremeCourt in Buckley, including those: upholding reasonable contribution limits, striking down expenditure limits, upholding disclosure reporting requirements, and upholding the system of voluntary presidential election expenditure limitations linked with public financing. It then examines the Court’s extension of Buckley in fifteen subsequent cases, evaluating them in three regulatory contexts: contribution limits (California Medical Association v. FEC; Citizens Against Rent Control v. Berkeley; Nixon v. Shrink Missouri Government PAC; FEC v. Beaumont), expenditure limits (First National Bank of Boston v. Bellotti; FEC v. Massachusetts Citizens for Life; Austin v. Michigan Chamber of Commerce; FEC v. National Right to Work; Colorado Republican Federal Campaign Committee (Colorado I) v. FEC; FEC v. Colorado Republican Federal Campaign Committee (Colorado II); FEC v. Democratic Senatorial Campaign Committee; FEC v. National Conservative Political Action Committee), and disclosure requirements (Buckley v. American Constitutional Law Foundation; Brown v. Socialist Workers ‘74 Campaign Committee; FEC v. Akins; McIntrye v. Ohio Elections Commission).
Can Aliens in Immigration Proceedings Be Detained Indefinitely?: High Court Rules on Statutory, but not Constitutional Authority
This report discusses the Supreme Court's ruling in the case of "Jennings vs. Rodriguez" which dealt with whether immigrant aliens could be detained indefinitely. The court ruled that the aliens could be held indefinitely without a bond hearing under statutory law but left the constitutionality of the action open for future interpretation.
China and "Falun Gong"
The “Falun Gong” movement has led to the largest and most protracted public demonstrations in China since the democracy movement of 1989. On April 25, 1999, an estimated 10,000 to 30,000 adherents assembled in front of Zhongnanhai, the Chinese Communist Party leadership compound, and participated in a silent protest against state repression of their activities. On July 21, 1999, the People’s Republic of China (PRC) government, fearful of the spread of social unrest, outlawed the movement and began to arrest Falun Gong protesters.
China and "Falun Gong"
“Falun Gong,” also known as “Falun Dafa,”1 combines an exercise regimen with meditation and moral tenets. The “Falun Gong” movement has led to the largest and most protracted public demonstrations in China since the democracy movement of 1989. On April 25, 1999, an estimated 10,000 to 30,000 adherents assembled in front of Zhongnanhai, the Chinese Communist Party leadership compound, and participated in a silent protest against state repression of their activities. On July 21, 1999, the People’s Republic of China (PRC) government, fearful of the spread of social unrest, outlawed the movement and began to arrest Falun Gong protesters.
China and "Falun Gong"
“Falun Gong,” also known as “Falun Dafa,”1 combines an exercise regimen with meditation and moral tenets. The “Falun Gong” movement has led to the largest and most protracted public demonstrations in China since the democracy movement of 1989. On April 25, 1999, an estimated 10,000 to 30,000 adherents assembled in front of Zhongnanhai, the Chinese Communist Party leadership compound, and participated in a silent protest against state repression of their activities. On July 21, 1999, the People’s Republic of China (PRC) government, fearful of the spread of social unrest, outlawed the movement and began to arrest Falun Gong protesters.
China and "Falun Gong"
“Falun Gong,” also known as “Falun Dafa,”1 combines an exercise regimen with meditation and moral tenets. The “Falun Gong” movement has led to the largest and most protracted public demonstrations in China since the democracy movement of 1989. On April 25, 1999, an estimated 10,000 to 30,000 adherents assembled in front of Zhongnanhai, the Chinese Communist Party leadership compound, and participated in a silent protest against state repression of their activities. On July 21, 1999, the People’s Republic of China (PRC) government, fearful of the spread of social unrest, outlawed the movement and began to arrest Falun Gong protesters.
China and Falun Gong
“Falun Gong,” also known as “Falun Dafa,”1 combines an exercise regimen with meditation and moral tenets. The “Falun Gong” movement has led to the largest and most protracted public demonstrations in China since the democracy movement of 1989. On April 25, 1999, an estimated 10,000 to 30,000 adherents assembled in front of Zhongnanhai, the Chinese Communist Party leadership compound, and participated in a silent protest against state repression of their activities. On July 21, 1999, the People’s Republic of China (PRC) government, fearful of the spread of social unrest, outlawed the movement and began to arrest Falun Gong protesters.
China and "Falun Gong"
This report discusses the “Falun Gong” movement, which led to the largest and most protracted public demonstrations in China since the democracy movement of 1989. The People’s Republic of China (PRC) government, fearful of a political challenge and the spread of social unrest, outlawed Falun Gong in July 1999. Despite a massive government campaign against them and harsh punishments meted out to many followers, Falun Gong members continued to stage demonstrations for over two years.
China, Internet Freedom, and U.S. Policy
This report discusses Congressional interest in how Internet use in the People's Republic of China (PRC) is tied to human rights concerns in several ways: as a U.S. policy tool for promoting rights in China; though use of the Internet political dissidents and political repression; the role of U.S. Internet companies in spreading freedom and complying with PRC censorship; and the development of U.S. Internet freedom policies globally.
China's Relations with Central Asian States and Problems with Terrorism
This report provides an overview of the Muslim separatist movement in China’s northwestern Xinjiang Uighur Autonomous Region, China’s attempts to stifle activities which it considers terrorism, and implications for U.S. policy. Some analysts suggest that the U.S.-led campaign against terrorism may make it difficult to pressure the Chinese government on human rights and religious freedoms, particularly as they relate to Uighur Muslims in Xinjiang.
China's Relations with Central Asian States and Problems with Terrorism
This report provides an overview of the Muslim separatist movement in China’s northwestern Xinjiang Uighur Autonomous Region, China’s attempts to stifle activities which it considers terrorism, and implications for U.S. policy. Some analysts suggest that the U.S.-led campaign against terrorism may make it difficult to pressure the Chinese government on human rights and religious freedoms, particularly as they relate to Uighur Muslims in Xinjiang.
Citizen Control Over Records Held by Third Parties
The United States has become an information society. Government at every level and private industry have been collecting and using more personal information about individuals in the last several years than ever before. The Congress has been aware of this trend, and of the potencia1 for misuse of the information so collected; it has enacted several laws that protect the personal privacy of individuals, and respect the confidentiality of the information maintained about individuals by third parties. In this report, several privacy laws are summarized, and key provisions of each are compared, in order to make individual citizens aware of their rights , responsibilities and remedies under the law.
Closing the Guantanamo Detention Center: Legal Issues
This report provides an overview of major legal issues that are likely to arise as a result of executive and legislative action to close the Guantanamo detention facility. It discusses legal issues related to the transfer or release of Guantanamo detainees, the continued detention of such persons in the United States, and the possible removal of persons brought to the United States. It considers selected constitutional issues that may arise in the criminal prosecution of detainees. Issues discussed include detainees’ right to a speedy trial, the prohibition against prosecution under ex post facto laws, and limitations upon the admissibility of hearsay and secret evidence in criminal cases.
Comparison of California's Financial Information Privacy Act of 2003 with Federal Privacy Provisions
The California Financial Information Privacy Act,1 enacted on August 28, 2003, and effective on July 1, 2004, governs the rights of California residents with respect to the dissemination of nonpublic personal information by financial institutions. In some respects, it diverges from two federal laws that impose restrictions on the dissemination of nonpublic personally identifiable customer information by financial information.
Compliance with the HIPAA Medical Privacy Rule
As of April 14, 2003, most health care providers (including doctors and hospitals) and health plans are required to comply with the new Privacy Rule mandated by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), and must comply with national standards to protect individually identifiable health information. The HIPAA Privacy Rule creates a federal floor of privacy protections for individually identifiable health information; establishes a set of basic consumer protections; institutes a series of regulatory permissions for uses and disclosures of protected health information; permits any person to file an administrative complaint for violations; and authorizes the imposition of civil or criminal penalties.
Condemnation of Private Property for Economic Development: Legal Comments on the House-Passed Bill (H.R. 4128) and Bond Amendment
The prohibition on economic development condemnations extends not only to land taken for the explicit purpose of economic development but also to land subsequently so used. The latter coverage raises the possibility that although a parcel was initially condemned for a non-prohibited purpose, its use years later for a prohibited one would trigger the two-year cut-off of federal funds. Nor does there seem to be any proportionality requirement between the prohibited condemnations and the length and scope of the federal funds suspension. If Congress’ Spending Power includes a proportionality requirement for conditions on federal funds, as the Court suggests, the absence of proportionality in some of the bill’s applications may raise a constitutional issue.
Congress and U.S. Policy on North Korean Human Rights and Refugees: Recent Legislation and Implementation
This report discusses U.S. policy and legislation in response to Pyongyang's human rights record. North Korea's systematic violation of its citizens' human rights and the plight of North Koreans trying to escape their country have been well documented in multiple reports issued by governments and other international bodies.
Congress and U.S. Policy on North Korean Human Rights and Refugees: Recent Legislation and Implementation
The passage of the reauthorization of the North Korean Human Rights Act in October 2008 reasserted congressional interest in influencing the Bush Administration's policy toward North Korea. In addition to reauthorizing funding at original levels, the bill expresses congressional criticism of the implementation of the original 2004 law and adjusts some of the provisions relating to the Special Envoy on Human Rights in North Korea and the U.S. resettlement of North Korean refugees. Some outside analysts have pointed to the challenges of highlighting North Korea's human rights violations in the midst of the ongoing nuclear negotiations, as well as the difficulty in effectively reaching North Korean refugees as outlined in the law. Further, the law may complicate coordination on North Korea with China and South Korea.
Congressional Authority to Regulate Firearms: A Legal Overview
Courts have been confronted with the question of whether federal laws can be applied to intrastate possession and intrastate transfers of firearms, or whether such application exceeds the authority of Congress. This report explores these cases and how courts have analyzed these as-applied challenges under the Supreme Court's Commerce Clause jurisprudence primarily set forth in United States v. Lopez.
Constitutionality of Applying the FCC's Indecency Restriction to Cable Television
Various federal officials have spoken in favor of extending the Federal Communication Commission’s indecency restriction, which currently applies to broadcast television and radio, to cable and satellite television. This report examines whether such an extension would violate the First Amendment’s guarantee of freedom of speech.
Courts Rulings During 1994 on Constitutional Taking Claims Against the United States
In 1994, the second session of the 103rd Congress saw the political pressure exerted by property rights bills ascend new heights. Members supporting property rights legislation sought to add such provisions to nearly every major environmental bill. Opponents, including several committee chairmen, therefore declined to move the bills, and gridlock resulted.
Critical Infrastructure Information Disclosure and Homeland Security
This report discusses the Freedom of Information Act (FOIA) that was passed to ensure by statute citizen access to government information. Nine categories of information may be exempted from disclosure. Three of the nine exemptions provide possible protection against the release of critical infrastructure information: exemption 1 (national security information); exemption 3 (information exempted by statute); and exemption 4 (confidential business information). Congress has considered several proposals to exempt critical infrastructure information from the FOIA.
Critical Infrastructure Information Disclosure and Homeland Security
This report discusses the Freedom of Information Act (FOIA) that was passed to ensure by statute citizen access to government information. Nine categories of information may be exempted from disclosure. Three of the nine exemptions provide possible protection against the release of critical infrastructure information: exemption 1 (national security information); exemption 3 (information exempted by statute); and exemption 4 (confidential business information). Congress has considered several proposals to exempt critical infrastructure information from the FOIA.
Cuba After Fidel Castro: U.S. Policy Implications and Approaches
In the new context of Fidel’s transfer of power, there are two broad policy approaches to contend with political change in Cuba: a stay-the-course or status-quo approach that would maintain the U.S. dual-track policy of isolating the Cuban government while providing support to the Cuban people; and an approach aimed at influencing the Cuban government and Cuban society through increased contact and engagement.
Cuba After Fidel Castro: U.S. Policy Implications and Approaches
In the new context of Fidel’s transfer of power, there are two broad policy approaches to contend with political change in Cuba: a stay-the-course or status-quo approach that would maintain the U.S. dual-track policy of isolating the Cuban government while providing support to the Cuban people; and an approach aimed at influencing the Cuban government and Cuban society through increased contact and engagement.
Cuba: Issues for the 109th Congress
This report, which will be updated regularly, examines issues in U.S.-Cuban relations and tracks legislative initiatives on Cuba in the 109th Congress. The 109th Congress will likely continue an active interest in Cuba concerning human rights, debate over economic sanctions (especially on travel), food and agricultural exports to Cuba, terrorism issues, Radio and TV Marti, bilateral anti-drug cooperation, and migration issues.
Cuba: Issues for the 109th Congress
This report, which will be updated regularly, examines issues in U.S.-Cuban relations and tracks legislative initiatives on Cuba in the 109th Congress. The 109th Congress will likely continue an active interest in Cuba concerning human rights, debate over economic sanctions (especially on travel), food and agricultural exports to Cuba, terrorism issues, Radio and TV Marti, bilateral anti-drug cooperation, and migration issues.
Cuba: U.S. Restrictions on Travel and Remittances
The first half of this report looks at the background of U.S. travel restrictions to Cuba over the last 40 years. The second half of this report looks at several initiatives from the 110th Congress that would ease U.S. travel restrictions to Cuba.
Cuba: U.S. Restrictions on Travel and Remittances
The first half of this report looks at the background of U.S. travel restrictions to Cuba over the last 40 years. The second half of this report looks at several initiatives from the 111th Congress that would ease U.S. travel restrictions to Cuba.
Cuba: U.S. Restrictions on Travel and Remittances
The first half of this report looks at the background of U.S. travel restrictions to Cuba over the last 40 years. The second half of this report looks at several initiatives from the 111th Congress that would ease U.S. travel restrictions to Cuba.
Cuba: U.S. Restrictions on Travel and Remittances
The first half of this report looks at the background of U.S. travel restrictions to Cuba over the last 40 years. The second half of this report looks at several initiatives from the 111th Congress that would ease U.S. travel restrictions to Cuba.
Cuba: U.S. Restrictions on Travel and Remittances
The first half of this report looks at the background of U.S. travel restrictions to Cuba over the last 40 years. The second half of this report looks at several initiatives from the 111th Congress that would have eased U.S. travel restrictions to Cuba, but were not completed.
Cuba: U.S. Restrictions on Travel and Remittances
The first half of this report looks at the background of U.S. travel restrictions to Cuba over the last 40 years. The second half of this report looks at several initiatives from the 110th Congress that would ease U.S. travel restrictions to Cuba.
Cuba: U.S. Restrictions on Travel and Remittances
Restrictions on travel to Cuba have been a key and often contentious component in U.S. efforts to isolate the communist government of Fidel Castro for much of the past 40 years. Under the Bush Administration, enforcement of U.S. restrictions on Cuba travel has increased, and restrictions on travel and on private remittances to Cuba have been tightened. Several legislative initiatives have been introduced in the 109th Congress that would ease restrictions on travel and remittances to Cuba. These bills would, among other things, lift overall restrictions on travel to Cuba, lift the overall embargo, and ease restrictions on exporting agricultural commodities to Cuba.
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