Congressional Research Service Reports - 6,056 Matching Results
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- Constitutionality of Requiring Sexually Explicit Material on the Internet to be Under a Separate Domain Name
- It is unclear whether making a “.xxx” domain mandatory would violate the First Amendment. Some propose making use of a “.xxx” domain voluntary, but others propose that Congress make it mandatory. The latter proposal raises the question whether a mandatory separate domain would violate the First Amendment, and this report focuses on that question.
- “Good Samaritan” Tort Reform: Three House Bills
- This report discusses three 108th Congress tort reform bills: the Volunteer Pilot Organization Protection Act (H.R. 1084), the Good Samaritan Firefighter Assistance Act of 2003 (H.R. 1787), and the Nonprofit Athletic Organization Protection Act of 2003 (H.R. 3369).
- Limiting Court Jurisdiction Over Federal Constitutional Issues: “Court-Stripping”
- This report discusses various proposals that have been made to limit the jurisdiction of federal courts to hear cases regarding particular areas of constitutional law such as busing, abortion, prayer in school, and most recently, reciting the Pledge of Allegiance. Proposals of this type are often referred to as “court-stripping” legislation.
- The Law of the Sea Convention and U.S. Policy
- This report provides an overview of the law of the sea convention and U.S. policy.
- Flag Law: A Compilation And Summary Of State And Federal Laws Relating To The United States Flag
- This report is about the Flag Law: A Compilation And Summary Of State And Federal Laws Relating To The United States Flag
- Federal Statutes: What They Are and Where to Find Them
- This report provides a brief overview of federal statutes and where to find them, both in print and on the Internet.
- Animal Baiting and Fighting: Federal and State Statutes
- This report details the federal and state laws regarding animal baiting and fighting. In general, this report found three types of state statutes on this matter: specific legal prohibition aimed at stamping out a practice considered either distasteful, immoral, or a nuisance; general animal cruelty provisions enacted into law which may or may not be held applicable to baiting and fighting or any or all animals, and which may be not be enforced against those involved in such activities; and the absence of statutory restraints due either to open acceptance of animal baiting and fighting as a harmless activity or due to lack of concern over the matter.
- "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.
- The "Militarization" of Law Enforcement and the Department of Defense's "1033 Program
- This report discusses the response of SWAT teams to extraordinary cases that has raised questions about the so called "militarization" of law enforcement.
- Independent Counsels, Special Prosecutors, Special Counsels, and the Role of Congress
- Report that provides information on the procedure for the appointment of an "independent counsel," a "special prosecutor," or a "special counsel" to investigate and prosecute potential or possible violations of federal criminal law by officials in the executive branch of the federal government and in federal agencies.
- Supreme Court October Term 2017: A Review of Selected Major Rulings
- This report highlights seven notable cases from the October Term 2017 that could impact the work of Congress: (1) Epic Systems Corp. v. Lewis; (2) Carpenter v. United States; (3) Murphy v. National Collegiate Athletic Association (NCAA); (4) Janus v. American Federation of State, County, and Municipal Employees, Council 31 (AFSCME); (5) National Institute of Family and Life Advocates (NIFLA) v. Becerra; (6) Trump v. Hawaii; and (7) Lucia v. Securities and Exchange Commission (SEC). For each case it provides background information, summarizes the arguments presented to the Court, explains the Court's ruling, and examines the potential implications for Congress, including the ramifications for the jurisprudence in a given area of law.
- International Law and Agreements: Their Effect upon U.S. Law
- This report provides an introduction to the roles that international law and agreements play in the United States. This includes the role of different branches of government play in navigating such laws.
- S. 852: The Fairness in Asbestos Injury Resolution Act of 2005
- This report provides an overview of S. 852, the Fairness in Asbestos Injury Resolution (FAIR) Act of 2005. The bill would establish the Office of Asbestos Disease Compensation to award damages to asbestos claimants from the Asbestos Injury Claims Resolution Fund.
- International Law and Agreements: Their Effect upon U.S. Law
- This report provides an introduction to the roles that international law and agreements play in the United States. The report discusses forms of international agreements and the effects of international agreements on U.S. law.
- International Law and Agreements: Their Effect Upon U.S. Law
- This report provides an introduction to the roles that international law and agreements play in the United States. International law is derived from two primary sources--international agreements and customary practice. Under the U.S. legal system, international agreements can be entered into by means of a treaty or an executive agreement. The Constitution allocates primary responsibility for entering into such agreements to the executive branch, but Congress also plays an essential role.
- International Law and Agreements: Their Effect Upon U.S. Law
- This report provides an introduction to the roles that international law and agreements play in the United States. International law is derived from two primary sources — international agreements and customary practice.
- 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).
- Obstruction of Justice: An Abridged Overview of Related Federal Criminal Laws
- This report briefly discusses obstruction of justice, which is defined as the frustration of governmental purposes by violence, corruption, destruction of evidence, or deceit. This is an abridged version of CRS Report RL34304, Obstruction of Justice: An Overview of Some of the Federal Statutes That Prohibit Interference with Judicial, Executive, or Legislative Activities, by Charles Doyle, without the footnotes, quotations, or citations to authority found in the longer report.
- International Law and Agreements: Their Effect upon U.S. Law
- This report provides an introduction to the roles that international law and agreements play in the United States. This includes the role of different branches of government play in navigating such laws.
- Supreme Court October Term 2017: A Preview of Select Cases
- This report highlights four of the notable cases of the new term that could impact the work of Congress: (1) Carpenter v. United States, which examines the limits the Fourth Amendment imposes on the warrantless collection of the historical cell phone location records of a criminal suspect; (2) Christie v. National Collegiate Athletic Association (NCAA), a case exploring whether Congress, by prohibiting a state from partially repealing a state law, impermissibly commandeers the powers of the state; (3) Gill v. Whitford, which considers when a state's redistricting plan amounts to impermissible partisan gerrymandering; and (4) Masterpiece Cakeshop v. Colorado Civil Rights Commission, which asks whether a baker has a First Amendment right to decline to make cakes for same-sex weddings. Each case is addressed in a separate section that provides background information on the case; summarizes the arguments that were or are likely to be presented to the Court in each case; and examines the implications that the Court's ruling could have for Congress, including broader ramifications for the jurisprudence in a given area of law.
- Testimonial Privilege for Representatives of the News Media: A Summary of Recent Court Decisions, Proposed Federal Legislation and Compilation of State Laws
- This report contains a summary of recent court decisions, proposed federal legislation and compilation of state laws.
- Merger and Antitrust Issues in Agriculture
- A sustained period of low farm prices has generated legislative interest in the effect of concentration and consolidation on U.S. agriculture. Questions have been raised about the federal government's role in pursuing cases of unfair competition or violations of antitrust laws. Legislative interest has risen because, while regulations target business practices, important issues associated with concentration and consolidation may not be adequately addressed by existing antitrust laws. Recent reviews by Congress have dealt with issues such as: (1) the adequacy and employment of existing federal antitrust statutes to protect farmers against anti-competitive practices; (2) the extent to which mergers influence farm prices and their impact on farmers and consumers, and (3) the appropriate role of the federal government in regulating agroindustry. This report briefly describes the federal statutes and agencies involved in antitrust regulation and reviews proposals offered in the 106th Congress to restrict mergers in agriculture.
- Monopoly and Monopolization - Fundamental But Separate Concepts in U.S. Antitrust Law
- This report illustrates 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), as illustrated in (1) statements on merger enforcement made by recent antitrust enforcement officials (generally indicative of the agencies’ concerns about competitive conditions and the effect of various market transactions), (2) the 1992 Horizontal Merger Guidelines 2 and (3) some observations on the Government actions against the Microsoft and Intel Corporations.
- Merger and Antitrust Issues in Agriculture: Statutes and Agencies
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- Merger and Antitrust Issues in Agriculture: Statutes and Agencies
- No Description Available.
- Federal Tort Reform Legislation: Constitutionality and Summaries of Selected Statutes
- No Description Available.
- Federal Tort Reform Legislation: Constitutionality and Summaries of Selected Statutes
- No Description Available.
- Merger and Antitrust Issues in Agriculture: Statutes and Agencies
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- Monopoly and Monopolization - Fundamental But Separate Concepts in U.S. Antitrust Law
- This report illustrates 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), as illustrated in (1) statements on merger enforcement made by recent antitrust enforcement officials (generally indicative of the agencies’ concerns about competitive conditions and the effect of various market transactions), (2) the 1992 Horizontal Merger Guidelines 2 and (3) some observations on the Government actions against the Microsoft and Intel Corporations.
- Colletions and Prisonreform: A selected reading list
- This report addresses corrections and prison reform.
- A Summary of Task Force Report: Organized Crime
- This report addresses the Organized Crime Task Force and a summary of the basic report.
- 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. It includes legal background and select limitations on immigration enforcement including traditional "sanctuary" policies, declining to honor immigration detainers, shielding juveniles from federal detection, and modifying criminal sentences to avoid immigration consequences.
- Remedies for Patent Infringement
- This report discusses the current legal system rules for patent infringement cases and current bills introduced in Congress related to patents.
- Tort and Litigation Reform in the 115th Congress
- This report discusses "tort reform" which refers to whether (and to what extent) legislatures should limit lawsuits concerning negligence, personal injury, medical malpractice, products liability, and other similar causes of action. The report surveys several major tort and litigation reform bills pending in the 115th Congress and discusses some of the legal issues raised by each bill.
- How Broad a Shield? A Brief Overview of Section 230 of the Communications Decency Act
- This report discusses Section 230 of the Communications Act of 1934 which was added too the law in 1996 to provide liability protection to online service providers regarding what users posted on their sites. Concerns about criminal activity being allowed to continue by companies due to the law and internet freedom advocates support for the law are discussed.
- Memorandum: Civil-Suit Provision in the House-Passed Concealed Carry Reciprocity Act of 2017 (H.R. 38)
- This report evaluates legal issues potentially arising from the civil-suit provision in H.R. 38, the Concealed Carry Reciprocity Act of 2017, which the House of Representatives passed on December 6, 2017
- Supreme Court October Term 2016: A Review of Select Major Rulings
- This report highlights four particularly notable cases the Court heard and ruled on during the October 2016 term: Matal v. Tam, which examines the interplay between the First Amendment and trademark law; Sessions v. Morales-Santana, a case exploring the relationship between immigration law and the Court's Equal Protection jurisprudence; Trinity Lutheran Church of Columbia, Inc. v. Comer, the latest chapter in the Court's Free Exercise jurisprudence; and Ziglar v. Abbasi, a case limiting the types of damages claims that can be asserted against federal officers for alleged constitutional violations under the Bivens doctrine. Each case is addressed in a separate section below, which provides background information on the case; summarizes the arguments that were presented to the Court; explains the Court's ultimate ruling; and examines the implications that the Court's ruling could have for Congress, including broader ramifications for jurisprudence in a given area of law.
- 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.
- Prosecutorial Discretion in Immigration Enforcement: Legal Issues
- This report begins by discussing the sources of federal power to regulate immigration and, particularly, the allocation of power between Congress and the President in this area. It next addresses the constitutional and other foundations for the doctrine of prosecutorial discretion, as well as the potential ways in which prosecutorial discretion may be exercised in the immigration context. It concludes by addressing potential constitutional, statutory, and administrative constraints upon the exercise of prosecutorial discretion.
- 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
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- Medical Malpractice Liability Reform: Legal Issues and Fifty-State Survey of Caps on Punitive Damages and Noneconomic Damages
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- Medical Malpractice Liability Reform: Legal Issues and Fifty-State Survey of Caps on Punitive Damages and Noneconomic Damages
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- 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.