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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
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Substantive Due Process and a Right to Clone
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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.
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.
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
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The Federal Arbitration Act: Background and Recent Developments
Enacted in 1925, the Federal Arbitration Act (“FAA”) seeks to ensure the validity and enforcement of arbitration agreements in any “maritime transaction or a contract evidencing a transaction involving commerce.” This report provides a brief legislative history of the FAA, as well as a review of selected cases that have interpreted the FAA. The report also discusses bills introduced during the 107th Congress that would amend the FAA for various purposes. Of the nine measures that have been introduced, five bills would amend the FAA to address arbitration and employment disputes. The remaining bills address arbitration in motor vehicle franchise contracts and arbitration and consumer credit contracts.
Partial-Birth Abortion: Recent Developments in the Law
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The Constitutionality of Including the Phrase "Under God" in the Pledge of Allegiance
On October 14, 2003, the Supreme Court granted certiorari in the appeal regarding the California statute, and on June 14, 2004, the Court reversed the Ninth Circuit’s decision finding that Newdow lacked standing to challenge the school district’s policy in federal court. This report summarizes the facts of the case, the opinions that have been rendered, congressional action, and the appeal to the Supreme Court. It will be updated as circumstances warrant.
Money Laundering: An Abridged Overview of 18 U.S.C. 1956 and Related Federal Criminal Law
Money laundering is a federal crime, commonly understood as the process of cleansing the taint from the proceeds of crime. This report describes in detail the various aspects of money laundering in regards to federal criminal law.
The Federal Arbitration Act: Background and Recent Developments
Enacted in 1925, the Federal Arbitration Act (“FAA”) seeks to ensure the validity and enforcement of arbitration agreements in any “maritime transaction or . . . contract evidencing a transaction involving commerce.” In general, the FAA evidences a national policy favoring arbitration. However, the application of the FAA to various types of arbitration agreements has been the subject of numerous lawsuits. This report provides a brief legislative history of the FAA, as well as a review of selected cases that have interpreted the FAA. The report also discusses bills introduced during the 108th Congress that would amend the FAA to address the use of arbitration to resolve employment and specific contract disputes.
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.
Partial-Birth Abortion: Recent Developments in the Law
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Partial-Birth Abortion: Recent Developments in the Law
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Partial-Birth Abortion: Recent Developments in the Law
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Partial-Birth Abortion: Recent Developments in the Law
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Telecommunications Act: Competition, Innovation, and Reform
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Iranian Nuclear Sites
This report describes Iran's known nuclear sites listed in official International Atomic Energy Agency (IAEA) reports and includes a map with the location of the nuclear facilities. For further information and analysis of Iran's nuclear programs, see CRS Report RS21592, Iran's Nuclear Program: Recent Developments, by Sharon Squassoni; and CRS Report RL32048 Iran: U.S. Concerns and Policy Responses, by Kenneth Katzman.
Iraq: Elections, Government, and Constitution
This report is regarding the Elections, Government, and constitutions of Iraq.
Same-Sex Marriages: Legal Issues
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Internet Gambling: An Abridged Overview of Federal Criminal Law
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Same-Sex Marriages: Legal Issues
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Same-Sex Marriages: Legal Issues
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Same-Sex Marriages: Legal Issues
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Same-Sex Marriages: Legal Issues
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Statutory Interpretation: General Principles and Recent Trends
The Supreme Court has expressed an interest "that Congress be able to legislate against a background of clear interpretive rules, so that it may know the effect of the language it adopts." This report identifies and describes some of the more important rules and conventions of interpretation that the Court applies. Because the Court has recently placed renewed emphasis on statutory text and somewhat reduced emphasis on legislative history and other interpretive sources "extrinsic" to the text, this report focuses primarily on the Court's methodology in construing statutory text. The Court's recent approaches to reliance on legislative history are also briefly described.
Extraterritorial Application of American Criminal Law
Crime is ordinarily proscribed, tried and punished according to the laws on the place where it occurs. American criminal law applies beyond the geographical confines of the United States, however, under some limited circumstances. The federal exceptions to the general rule usually involve crimes like drug trafficking, terrorism, or crimes committed aboard a ship or airplane. State prosecution for overseas misconduct is limited almost exclusively to multijurisdictional crimes, i.e., crimes where some elements of the offense are committed within the state and others are committed abroad. The Constitution, Congress, and state law define the circumstances under which American criminal law may be used against crimes occurring, in whole or in part, outside the United States
Terrorism: World Trade Center and the Pentagon – Applicable Federal Criminal Law
The death and destruction associated with the hijacking of four commercial airliners constitute federal crimes that outlaw air piracy, murder, and kidnapping. Relevant statutes carry the death penalty and apply to any accomplices or coconspirators here or abroad.
Proposed Change to the Foreign Intelligence Surveillance Act (FISA) under S. 113
This report discusses S. 113, a bill to extend the coverage of the Foreign Intelligence Surveillance Act ("FISA") to non-U.S. persons who engage in international terrorism or activities in preparation for terrorist acts, without a showing of membership in or affiliation with an international terrorist group.
State and Local Sales Tax Deductibility: Legislation in the 108th Congress
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Legal Issues Related to Prescription Drug Sales on the Internet
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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.
Statutory Interpretation: General Principles and Recent Trends
The Supreme Court has expressed an interest "that Congress be able to legislate against a background of clear interpretive rules, so that it may know the effect of the language it adopts." This report identifies and describes some of the more important rules and conventions of interpretation that the Court applies. Although this report focuses primarily on the Court's methodology in construing statutory text, the Court's approach to reliance on legislative history are also briefly described.
The Endangered Species Act and "Sound Science"
This report provides a context for evaluating legislative proposals through examples of how science has been used in selected cases, a discussion of the nature and role of science in general, and its role in the Endangered Species Act (ESA) process in particular, together with general and agency information quality requirements and policies, and a review of how the courts have viewed agency use of science.
The Budget Enforcement Act of 1997: A Fact Sheet
This is a report n the Budget Enforcement Act of 1997: the fact sheet.
The Bayh-Dole Act: Selected Issues in Patent Policy and the Commercialization of Technology
This report discusses the rationale behind the passage of P.L. 96-517 (Amendments to the Patent and Trademark Act, or the "Bayh-Dole Act") as well as its provisions and information regarding the implementation of the law. Under this 1980 law, as amended, title to inventions made with government support is provided to the contractor if that contractor is a small business, a university, or other non-profit institution.
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.
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 hard copy and on the Internet. After providing an overview on the basics of Federal statutes, this report gives guidance on where Federal statutes, in their various forms, may be located on the Internet, where they are most readily accessible.
The Endangered Species Act and "Sound Science"
This report provides a context for evaluating legislative proposals through examples of how science has been used in selected cases, a discussion of the nature and role of science in general, and its role in the Endangered Species Act (ESA) process in particular, together with general and agency information quality requirements and policies, and a review of how the courts have viewed agency use of science.
Abortion Law Development: A Brief Overview
This report offers an overview of the development of abortion law from 1973 to the present. Beginning with a brief discussion of the historical background, the report analyzes the leading Supreme Court decisions over the past twenty-eight years, emphasizing particularly the landmark decisions in Roe and Doe, the Court’s shift in direction in Webster v. Reproductive Health Services and Planned Parenthood of Southeastern Pennsylvania v. Casey, and the Court’s most recent decision on abortion, Stenberg v. Carhart. The Court’s decisions on the constitutionality of restricting public funding for abortion are also discussed.
Insurance Coverage of the World Trade Center: Interpretation of "War Risk" Exclusion Causes Under New York Contract Law
This report addresses the interpretation of war risk exclusion clauses under New York contract and insurance law. The purpose of excluding “war risks” from insurance policies is to prevent the insurer from being bankrupted by shouldering countrywide losses from war. The widespread characterization of the events of September 11th as an “act of war” raises the possibility that insurable risks to life and property in the World Trade Center may not receive coverage due to the enforcement of these clauses. This report suggests that any such enforcement might not be successful under New York law, as the insured enjoys favorable state rules of procedure and norms of contract construction.
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