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- The U.N. Law of the Sea Convention and the United States: Developments Since October 2003
- On October 31, 2007, the Senate Foreign Relations Committee voted to recommend Senate advice and consent to U.S. adherence to the 1982 U.N. Convention on the Law of the Sea and the 1994 Agreement Relating to Implementation of Part XI of that Convention. This followed the statement by President Bush on May 15, 2007, urging “the Senate to act favorably on U.S. accession” to the Convention. CRS Issue Brief IB95010, The Law of the Sea Convention and U.S. Policy, serves as a basic CRS source for discussion of issues related to the United States and the Convention and Agreement, whereas this report focuses on events and issues that emerged since October 2003. It summarizes the committee’s proposed resolution of advice and consent in 2004 and presents some of the issues raised in support of and in opposition to U.S. adherence.
- Statutory Canon Aimed at International Organization Immunity
- This report discusses the upcoming Supreme Court case Jam v. International Finance Corp. The petitioners--a group of Indian nationals from Gujarat--seek to hold International Finance Corp. (IFC) liable for extensive environmental damage throughout their community caused by the construction of a power plant financed and overseen by IFC. The U.S. Court of Appeals for the D.C. Circuit (D.C. Circuit) dismissed their lawsuit, holding, in accordance with the circuit's precedent, that the International Organizations Immunities Act (IOIA) grants absolute immunity to IFC in this case.
- Resolved: That U.S Law Enforcement Agencies Should be given Significantly Greater Freedom in the Investigation and/or Prosecution of Felony Crime : Preliminary Bibliography on the 1977-1978 Intercollegiate Debate Topic
- This report is the preliminary bibliography for the 1977-78 intercollegiate debate topic consists of three parts.
- State and Local "Sanctuary" Policies Limiting Participation in Immigration Enforcement
- This report discusses legal issues related to state and local measures that limit law enforcement cooperation with federal immigration authorities. The report begins by providing a brief overview of the constitutional principles informing the relationship between federal immigration authorities and state and local jurisdictions, including the federal government's power to preempt state and local activities under the Supremacy Clause, and the Tenth Amendment's proscription against Congress directly "commandeering" the states to administer a federally enacted regulatory scheme.
- Medical Malpractice Liability Reform: Legal Issues and Fifty-State Survey of Caps on Punitive Damages and Noneconomic Damages
- No Description Available.
- Medical Malpractice Liability Reform: Legal Issues and Fifty-State Survey of Caps on Punitive Damages and Noneconomic Damages
- No Description Available.
- Medical Malpractice Liability Reform: Legal Issues and Fifty-State Survey of Caps on Punitive Damages and Noneconomic Damages
- No Description Available.
- Medical Malpractice Liability Reform: Legal Issues and Fifty-State Survey of Caps on Punitive Damages and Noneconomic Damages
- No Description Available.
- Medical Malpractice Liability Reform: Legal Issues and Fifty-State Survey of Caps on Punitive Damages and Noneconomic Damages
- No Description Available.
- 527 Organizations: How the Differences in Tax and Election Laws Permit Certain Organizations to Engage in Issue Advocacy without Public Disclosure and Proposals for Change
- Virtually all political organizations are "section 527" political organizations, which means that they are tax-exempt. 527 organizations are created to influence the election or defeat of public officials. This report compares the tax and election laws relating to political organizations and political committees prior to the enactment of P.L. 106-230 in an attempt to highlight the differences between them, and discusses some of the proposals in the 106th Congress to require additional reporting by organizations engaging in political activities. This report does not address the taxation of other tax-exempt organizations making political expenditures taxable under IRC § 527.
- 527 Organizations: How the Differences in Tax and Election Laws Permit Certain Organizations to Engage in Issue Advocacy without Public Disclosure and Proposals for Change
- Virtually all political organizations are "section 527" political organizations, which means that they are tax-exempt. 527 organizations are created to influence the election or defeat of public officials. This report compares the tax and election laws relating to political organizations and political committees prior to the enactment of P.L. 106-230 in an attempt to highlight the differences between them, and discusses some of the proposals in the 106th Congress to require additional reporting by organizations engaging in political activities. This report does not address the taxation of other tax-exempt organizations making political expenditures taxable under IRC § 527.
- Judicial Salary-Setting Policy
- No Description Available.
- Judicial Salary-Setting Policy
- No Description Available.
- Judicial Salary-Setting Policy
- No Description Available.
- Medical Malpractice Liability Reform: Legal Issues and Fifty-State Survey of Caps on Punitive Damages and Noneconomic Damages
- No Description Available.
- Medical Malpractice Liability Reform: Legal Issues and Fifty-State Survey of Caps on Punitive Damages and Noneconomic Damages
- No Description Available.
- Medical Malpractice Liability Reform: Legal Issues and Fifty-State Survey of Caps on Punitive Damages and Noneconomic Damages
- No Description Available.
- Medical Malpractice Liability Reform: Legal Issues and Fifty-State Survey of Caps on Punitive Damages and Noneconomic Damages
- No Description Available.
- Medical Malpractice Liability Reform: Legal Issues and Fifty-State Survey of Caps on Punitive Damages and Noneconomic Damages
- No Description Available.
- Substantive Due Process and a Right to Clone
- No Description Available.
- California Air Quality FIP - A Fact Sheet
- On April 10, 1995, President Clinton signed P.L. 104-6, which contained a provision that rescinds the Federal air quality implementation plan (FIP) for the South Coast, Ventura, and Sacramento areas of California.(1) As a result, the FIP issued by EPA has no further force and effect, and California will continue pursuing approval of its own State implementation plan (SIP) in lieu of the FIP. Promulgation of the FIP was perceived by some within the State as having a detrimental effect on California's industries and economy resulting from costly and burdensome air pollution control measures contained in the plan.
- Sexual Harassment and Violence Against Women: Developments in Federal Law
- Gender-based discrimination, harassment, and violence against women in the home, workplace, and society at large are continuing topics of legislative and judicial concern. Legal doctrines condemning the extortion of sexual favors as a condition of employment or job advancement, and other sexually offensive workplace behaviors resulting in a "hostile environment," have evolved from judicial decisions under Title VII of the 1964 Civil Rights Act and related federal laws.
- The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice
- This report provides a background and analysis comparing military commissions as envisioned under M.C.O. No. 1 to general military courts-martial conducted under the UCMJ. The report notes some of the criticism directed at the President’s M.O., and explains how those concerns are addressed by the military commission orders and instructions. The report provides two charts to compare the regulations issued by the Department of Defense and standard procedures for general courts-martial under the Manual for Courts-Martial. The second chart, which compares procedural safeguards incorporated in the regulations with established procedures in courts martial, follows the same order and format used in CRS Report RL31262, Selected Procedural Safeguards in Federal, Military, and International Courts, in order to facilitate comparison with safeguards provided in federal court and the International Criminal Court.
- The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice
- This report provides a background and analysis comparing military commissions as envisioned under M.C.O. No. 1 to general military courts-martial conducted under the UCMJ. The report notes some of the criticism directed at the President’s M.O., and explains how those concerns are addressed by the military commission orders and instructions. The report provides two charts to compare the regulations issued by the Department of Defense and standard procedures for general courts-martial under the Manual for Courts-Martial. The second chart, which compares procedural safeguards incorporated in the regulations with established procedures in courts martial, follows the same order and format used in CRS Report RL31262, Selected Procedural Safeguards in Federal, Military, and International Courts, in order to facilitate comparison with safeguards provided in federal court and the International Criminal Court.
- The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice
- This report provides a background and analysis comparing military commissions as envisioned under M.C.O. No. 1 to general military courts-martial conducted under the UCMJ. The report notes some of the criticism directed at the President’s M.O., and explains how those concerns are addressed by the military commission orders and instructions. The report provides two charts to compare the regulations issued by the Department of Defense and standard procedures for general courts-martial under the Manual for Courts-Martial. The second chart, which compares procedural safeguards incorporated in the regulations with established procedures in courts martial, follows the same order and format used in CRS Report RL31262, Selected Procedural Safeguards in Federal, Military, and International Courts, in order to facilitate comparison with safeguards provided in federal court and the International Criminal Court.
- Overview of NEPA Requirements
- This report provides an overview of The National Environmental Policy Act (NEPA) requirements. NEPA establishes national environmental policies that apply to the federal government and also prescribes certain procedural requirements for federal agency actions.
- Monopoly and Monopolization — Fundamental But Separate Concepts in U.S. Antitrust Law
- This report will attempt to illustrate the difference between the concepts of "monopoly" and "monopolization" by touching on the monopoly/monopolization thinking in the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC).
- 527 Organizations: How the Differences in Tax and Election Laws Permit Certain Organizations to Engage in Issue Advocacy without Public Disclosure and Proposals for Change
- This report compares the tax and election laws relating to political organizations and political committees in an attempt to highlight the differences between them, and discusses some of the proposals in the 106th Congress to require additional reporting by organizations engaging in political activities. This report does not address the taxation of other tax-exempt organizations making political expenditures taxable under IRC § 527. The report will be updated as new proposals are reported.
- P.L. 97-320, Garn-St. Germain Depository Institutions Act of 1982: A Brief Explanation
- No Description Available.
- Energy and Water Development: FY2014 Appropriations
- This report discusses the Energy and Water Development appropriations bill that provides funding for civil works projects of the Army Corps of Engineers (Corps), for the Department of the Interior's Bureau of Reclamation (Reclamation), the Department of Energy (DOE), and several independent agencies.
- Responsibility Determinations Under the Federal Acquisition Regulation: Legal Standards and Procedures
- This report discusses the standards and procedures that federal agencies use in making responsibility determinations under the Federal Acquisition Regulation (FAR). It discusses (1) how responsibility determinations relate to other mechanisms that the government relies upon to ensure that contractors are responsible and otherwise eligible for federal contracts; (2) the performance-related and collateral standards used in making responsibility determinations; (3) the procedures for making responsibility determinations; and (4) recently enacted or proposed amendments to the standards or procedures for responsibility determinations.
- Energy and Water Development: FY2015 Appropriations
- This report discusses the Energy and Water Development appropriations bill that provides funding for civil works projects of the Army Corps of Engineers (Corps), for the Department of the Interior's Bureau of Reclamation (Reclamation), the Department of Energy (DOE), and several independent agencies.
- Energy and Water Development: FY2015 Appropriations
- This report discusses the Energy and Water Development appropriations bill that provides funding for civil works projects of the Army Corps of Engineers (Corps), for the Department of the Interior's Bureau of Reclamation (Reclamation), the Department of Energy (DOE), and several independent agencies.
- Money Laundering: An Abridged Overview of 18 U.S.C. 1956 and Related Federal Criminal Law
- This is an overview of the elements of federal criminal money laundering statutes and the sanctions imposed for their violation.
- Energy and Water Development: FY2014 Appropriations
- This report discusses the Energy and Water Development appropriations bill that provides funding for civil works projects of the Army Corps of Engineers (Corps), for the Department of the Interior's Bureau of Reclamation (Reclamation), the Department of Energy (DOE), and several independent agencies.
- Offices of Inspectors General and Law Enforcement Authority: In Brief
- This report identifies the laws and regulations that vest certain offices of inspector general (OIGs) with law enforcement authority, which permits the use of guns and ammunition. This report also describes some of the requirements and expectations of OIGs that have law enforcement authority, and includes some reasons that OIGs have expressed a need for law enforcement authority.
- A Primer on the Reviewability of Agency Delay and Enforcement Discretion
- This report discusses the general legal principles applied in determining whether administrative delays are reviewable in court in these two different contexts and then address whether the procedures outlined in the Administrative Procedure Act (APA) are applicable to these delays.
- The Selective Service Act of 1969
- This report is the summary of changes in existing law.
- Application of Religious Law in U.S. Courts: Selected Legal Issues
- The report is categorized into three categories: (I) Religious Law and Its Application in U.S. Courts, (II) First Amendments Issues Related to Prohibition on Religious Laws in Courts and (III) Selected Proposed Prohibitions on Application of Religious Law.
- Abortion Procedures
- This report discusses the Partial-Birth Abortion Act of 1997 (H.R. 1122). The report summarizes the legislation and why President Clinton vetoed it. Moreover, the report includes President Clinton's recommendation to amend the bill for him to pass. The report also suggests that little data has been created on the issue, but that it utilizes what data has been created.
- Cooperative Research and Development Agreements and Semiconductor Technology: Issues Involving the “DOE-Intel CRADA"
- This report provides information on the federal interest in cooperation R&D and the laws that shape such efforts.
- Analysis of the Civil Rights Sections of S. 1437, the "Criminal Code Reform Act of 1977," as Amended and Passed the Senate on January 30 1978
- This report contains an analysis of the Civil Rights sections of The Code Reform Act of 1977, when amended and passed on January 30, 1978.
- General Overview of United States Antitrust Law
- This report presents brief summaries of (1) the primary United States antitrust statutes, and (2) some of the activities which are generally considered to be violations of those laws. There is also some reference to the prohibition against unfair competition and the "unfairness" jurisdiction of the Federal Trade Commission (FTC). There is not, however, any discussion of the extraterritorial reach of the United States antitrust laws. Further, the laws whose descriptions follow do not constitute all of the statutes which are applicable to antitrust issues, but rather, constitute those which are most often utilized.
- The Budget Enforcement Act of 1997
- President Clinton signed two reconciliation acts into law in August 1997 as part of a plan to balance the budget by FY2002. To ensure compliance with this goal, enforcement procedures were included in one of the acts in a title referred to separately as the Budget Enforcement Act (BEA) of 1997. The BEA of 1997 extends procedures under the Budget Enforcement Act (BEA) of 1990 through FY2002
- Energy and Water Development: FY2010 Appropriations
- This report discusses the Energy and Water Development appropriations bill that provides funding for civil works projects of the Army Corps of Engineers (Corps), for the Department of the Interior's Bureau of Reclamation (Reclamation), the Department of Energy (DOE), and several independent agencies.
- Energy and Water Development: FY2010 Appropriations
- This report discusses the Energy and Water Development appropriations bill that provides funding for civil works projects of the Army Corps of Engineers (Corps), for the Department of the Interior's Bureau of Reclamation (Reclamation), the Department of Energy (DOE), and several independent agencies.
- Responsibility Determinations Under the Federal Acquisition Regulation: Legal Standards and Procedures
- This report discusses the standards and procedures that federal agencies use in making responsibility determinations under the Federal Acquisition Regulation (FAR). As a general rule, government agencies contract with the lowest qualified responsible bidder or offeror. Responsibility is an attribute of the contractor, while price and qualifications are attributes of the bid or offer. Under the FAR, "[n]o purchase or award shall be made unless the contracting officer makes an affirmative determination of responsibility."
- Employer Liability Provisions in Selected Patient Protection Bills
- In the various patient protection bills introduced in the 106th (H.R. 5628, S.Amdt. 3694, H.R. 2990) and to date in the 107th (H.R. 526, H.R. 2315, H.R. 2563, S. 889, S. 1052), Congress has attempted to address the issue of employer liability by limiting liability to certain persons or circumstances. This report provides an overview of the employer liability provisions of selected bills from the 106th and 107th Congress.
- General Overview of United States Antitrust Law
- This Report briefly summarizes (1) the primary United States antitrust statutes, and (2) some of the activities which are generally considered to be violations of those laws. There is also some reference to the prohibition against unfair competition and the “unfairness” jurisdiction of the Federal Trade Commission (FTC). The laws discussed do not constitute all of the statutes which may be applicable to, or implicated in antitrust issues, but rather, are those which are most often utilized.
- Partial-Birth Abortion: Recent Developments in the Law
- No Description Available.