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 Collection: Congressional Research Service Reports
Federal Statutes: What They Are and Where to Find Them
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 in print and on the Internet. digital.library.unt.edu/ark:/67531/metadc85440/
Federal Statutes: What They Are and Where to Find Them
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Federal Statutes: What They Are and Where to Find Them
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Federal Statutes: What They Are and Where to Find Them
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Administrative Subpoenas and National Security Letters in Criminal and Intelligence Investigations: A Sketch
Administrative subpoena authority, including closely related national security letter authority, is the power vested in various administrative agencies to compel testimony or the production of documents or both in aid of the agencies’ performance of their duties. Both the President and Members of Congress have called for statutory adjustments relating to the use of administrative subpoenas and national security letters in criminal and foreign intelligence investigations. One lower federal court has found the sweeping gag orders and lack of judicial review that mark one of the national security letter practices constitutionally defective. Proponents of expanded use emphasize the effectiveness of administrative subpoenas as an investigative tool and question the logic of its availability in drug and health care fraud cases but not in terrorism cases. Critics suggest that it is little more than a constitutionally suspect “trophy” power, easily abused and of little legitimate use. This is an abridged version — without footnotes, appendices, quotation marks and most citations to authority — of Administrative Subpoenas and National Security Letters in Criminal and Foreign Intelligence Investigations: Background and Proposed Adjustments, CRS Report RL32880. digital.library.unt.edu/ark:/67531/metacrs6282/
Administrative Subpoenas and National Security Letters in Criminal and Foreign Intelligence Investigations: Background and Proposed Adjustments
Administrative subpoena authority, including closely related national security letter authority, is the power vested in various administrative agencies to compel testimony or the production of documents or both in aid of the agencies’ performance of their duties. During the 108th Congress, the President urged Congress to expand and re-enforce statutory authority to use administrative subpoenas and national security letters in criminal and foreign intelligence investigations; and legislation was introduced for that purpose. Related proposals have been offered during the 109th Congress, some of which deal with national security letter authority. Proponents of expanded use emphasize the effectiveness of administrative subpoenas as an investigative tool and question the logic of its availability in drug and health care fraud cases but not in terrorism cases. Critics suggest that it is little more than a constitutionally suspect “trophy” power, easily abused and of little legitimate use. digital.library.unt.edu/ark:/67531/metacrs6283/
Administrative Subpoenas in Criminal Investigations: A Brief Legal Analysis
Administrative subpoena authority is the power vested in various administrative agencies to compel testimony or the production of documents or both in aid of the agencies’ performance of their duties. As a constitutional matter, the Fourth Amendment only demands that administrative subpoenas be "reasonable." Although more extensive proposals were offered in the 108th Congress, the law enforcement related administrative subpoena proposals in the 109th Congress appear in S. 600, relating to the Secretary of State’s responsibilities to protect U.S. foreign missions and foreign dignitaries visiting this country; in H.R. 3726, relating to federal obscenity investigations; and in H.R. 4170, relating to the apprehension of fugitives charged with, or convicted of, federal or state felonies. This report is available abridged – without footnotes, appendices, and most of the citations to authority – as CRS Report RS22407, Administrative Subpoenas in Criminal Investigations: A Sketch, by Charles Doyle. digital.library.unt.edu/ark:/67531/metacrs8777/
Administrative Subpoenas in Criminal Investigations: A Sketch
Administrative subpoena authority is the power vested in various administrative agencies to compel testimony or the production of documents or both in aid of the agencies’ performance of their duties. Proposals in the 109th Congress for greater use of administrative subpoenas in a law enforcement context appear in S. 600, relating to the Secretary of State’s responsibilities to protect U.S. foreign missions and foreign dignitaries visiting this country; in H.R. 3726, relating to federal obscenity investigations; and in H.R. 4170, relating to the apprehension of fugitives charged with, or convicted of, federal or state felonies. This is an abridged version — without footnotes, appendices, quotation marks and most citations to authority — of CRS Report RL33321, Administrative Subpoenas in Criminal Investigations: Background and Proposed Adjustments, by Charles Doyle. digital.library.unt.edu/ark:/67531/metacrs8787/
Venue: A Brief Look at Federal Law Governing Where a Federal Crime May Be Tried
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Venue: A Legal Analysis of Where a Federal Crime May Be Tried
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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. digital.library.unt.edu/ark:/67531/metadc276858/
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. digital.library.unt.edu/ark:/67531/metadc287937/
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. digital.library.unt.edu/ark:/67531/metadc462330/
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). digital.library.unt.edu/ark:/67531/metadc462944/
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. digital.library.unt.edu/ark:/67531/metadc503644/
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. digital.library.unt.edu/ark:/67531/metadc505426/
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. digital.library.unt.edu/ark:/67531/metadc227870/
Monopoly and Monopolization - Fundamental But Separate Concepts in U.S. Antitrust Law
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Monopoly and Monopolization - Fundamental But Separate Concepts in U.S. Antitrust Law
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Judicial Salary-Setting Policy
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Judicial Salary-Setting Policy
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Judicial Salary-Setting Policy
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Federal Tort Reform Legislation: Constitutionality and Summaries of Selected Statutes
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Federal Tort Reform Legislation: Constitutionality and Summaries of Selected Statutes
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Federal Tort Reform Legislation: Constitutionality and Summaries of Selected Statutes
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Federal Tort Reform Legislation: Constitutionality and Summaries of Selected Statutes
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Federal Tort Reform Legislation: Constitutionality and Summaries of Selected Statutes
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Abortion: Judicial Control
In 1973 the U.S. Supreme Court held that the Constitution protects a woman's decision whether or not to terminate her pregnancy, Roe v. Wade, 410 U.S. 113, and that a State may not unduly burden the exercise of that fundamental right by regulations that prohibit or substantially limit access to the means of effectuating that decision, Doe v. Bolton, 410 U.S. 179. But rather than settling the issue, the Court's rulings have kindled heated debate and precipitated a variety of governmental actions at the national, State and local levels designed either to nullify the rulings or hinder their effectuation. This brief discusses this ongoing issue, highlighting judicial history and decisions. digital.library.unt.edu/ark:/67531/metacrs8889/
Merger and Antitrust Issues in Agriculture
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Merger and Antitrust Issues in Agriculture: Statutes and Agencies
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Merger and Antitrust Issues in Agriculture: Statutes and Agencies
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Merger and Antitrust Issues in Agriculture: Statutes and Agencies
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Proposals in the 109th Congress to Split the Ninth Circuit Court of Appeals
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Congress's Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure
This report examines the source of the contempt power, reviews the historical development of the early case law, outlines the statutory and common law basis for Congress's contempt power, and analyzes the procedures associated with inherent contempt, criminal contempt, and the civil enforcement of subpoenas. It also includes a detailed discussion of two recent information access disputes that led to the approval of contempt citations in the House against then-White House Chief of Staff Joshua Bolten and former White House Counsel Harriet Miers, as well as Attorney General Eric Holder. Finally, the report discusses both non-constitutional and constitutionally-based limitations on the contempt power. digital.library.unt.edu/ark:/67531/metadc306521/
Congress's Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure
This report examines the source of the contempt power, reviews the historical development of the early case law, outlines the statutory and common law basis for Congress's contempt power, and analyzes the procedures associated with inherent contempt, criminal contempt, and the civil enforcement of subpoenas. It also includes a detailed discussion of two recent information access disputes that led to the approval of contempt citations in the House against then-White House Chief of Staff Joshua Bolten and former White House Counsel Harriet Miers, as well as Attorney General Eric Holder. Finally, the report discusses both non-constitutional and constitutionally-based limitations on the contempt power. digital.library.unt.edu/ark:/67531/metadc306537/
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. digital.library.unt.edu/ark:/67531/metacrs9146/
Congress's Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure
This report examines the source of the contempt power, reviews the historical development of the early case law, outlines the statutory and common law basis for Congress's contempt power, and analyzes the procedures associated with inherent contempt, criminal contempt, and the civil enforcement of subpoenas. In addition, the report discusses both non-constitutional and constitutionally based limitations on the power. Finally, the report includes a discussion of the significance of the House Judiciary Committee dispute with the White House over the dismissal of several U.S. Attorneys that resulted in votes for criminal contempt of Congress and the United States District Court opinion in Committee on the Judiciary v. Miers. digital.library.unt.edu/ark:/67531/metadc86660/
Congress's Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure
This report examines the source of the contempt power, reviews the historical development of the early case law, outlines the statutory and common law basis for Congress's contempt power, and analyzes the procedures associated with inherent contempt, criminal contempt, and the civil enforcement of subpoenas. The report also includes a detailed discussion of two recent information-access disputes that led to the approval of contempt citations in the House against then-White House Chief of Staff Joshua Bolten and former White House Counsel Harriet Miers, as well as Attorney General Eric Holder. Finally, the report discusses both non-constitutional and constitutionally-based limitations on the contempt power. digital.library.unt.edu/ark:/67531/metadc122315/
"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. digital.library.unt.edu/ark:/67531/metacrs9291/
Electricity Restructuring and the Constitutionality of Retail Reciprocity Requirements
Retail reciprocity requirements have been included in the electricity restructuring legislation of at least four states. These requirements mandate generally that out-of-state utilities which operate in a state “closed” to retail competition cannot market power to retail consumers in the “open” state. Because state reciprocity requirements enacted without congressional authorization are probably unconstitutional under the Commerce Clause of the U.S. Constitution, Congress would have to include a reciprocity provision in federal electricity restructuring legislation if it wants to support the view that such a provision will increase competition. This report reviews the treatment of state reciprocity requirements by the U.S. Supreme Court and discusses Congress’ power under the Commerce Clause. digital.library.unt.edu/ark:/67531/metacrs1181/
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. digital.library.unt.edu/ark:/67531/metadc284521/
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. digital.library.unt.edu/ark:/67531/metadc306509/
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. digital.library.unt.edu/ark:/67531/metadc306522/
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. digital.library.unt.edu/ark:/67531/metadc333006/
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." digital.library.unt.edu/ark:/67531/metadc490971/
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. digital.library.unt.edu/ark:/67531/metadc462102/
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. digital.library.unt.edu/ark:/67531/metadc462481/
Conducting Foreign Relations Without Authority: The Logan Act
This report discusses the Logan Act, which was intended to prohibit United States citizens without authority from interfering in relations between the United States and foreign governments. digital.library.unt.edu/ark:/67531/metadc505357/
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. digital.library.unt.edu/ark:/67531/metadc627071/
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. digital.library.unt.edu/ark:/67531/metadc627069/
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