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 Decade: 2010-2019
 Year: 2010
 Month: September
 Collection: Congressional Research Service Reports
State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona's S.B. 1070

State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona's S.B. 1070

Date: September 14, 2010
Creator: Manuel, Kate M.; Garcia, Michael John & Eig, Larry M.
Description: On April 23, 2010, Arizona enacted S.B. 1070, which is designed to discourage and deter the entry or presence of aliens who lack lawful status under federal immigration law. This report discusses this piece of legislation and some of the notable preemption issues raised by its provisions. Where relevant, it examines the district court's ruling that the federal government is likely to succeed on the merits of its arguments that certain sections of S.B. 1070 are preempted by federal law. It also discusses other preemption issues potentially raised by S.B. 1070 or similar legislation, including some issues that were not expressly addressed by the district court in its preliminary ruling.
Contributing Partner: UNT Libraries Government Documents Department
U.S.-South Korea Beef Dispute: Issues and Status

U.S.-South Korea Beef Dispute: Issues and Status

Date: September 23, 2010
Creator: Jurenas, Remy & Manyin, Mark E.
Description: This report describes the beef provisions in the Korea-U.S. Free Trade Agreement (KORUS FTA) and the separate bilateral protocols that the United States has negotiated in order to secure the lifting of South Korea's ban on U.S. beef imports, imposed after the discovery of mad cow disease in late 2003. It also summarizes U.S. beef export developments to this key market before and after the ban and since these protocols took effect; and lays out the outstanding issues on U.S. beef access that will likely need to be resolved to facilitate congressional consideration of the KORUS FTA.
Contributing Partner: UNT Libraries Government Documents Department
Pay Equity Legislation

Pay Equity Legislation

Date: September 20, 2010
Creator: Feder, Jody & Levine, Linda
Description: This report begins by showing the trend in the male-female wage gap and by examining the explanations that have been offered for its enduring presence. It next discusses the major laws directed at eliminating sex-based wage discrimination as well as relevant federal court cases. The report closes with a description of pay equity legislation that has been considered by Congress in recent years, including bills introduced in the 111th Congress.
Contributing Partner: UNT Libraries Government Documents Department
Offshore Oil and Gas Development: Legal Framework

Offshore Oil and Gas Development: Legal Framework

Date: September 20, 2010
Creator: Vann, Adam
Description: The development of offshore oil, gas, and other mineral resources in the United States is impacted by a number of interrelated legal regimes, including international, federal, and state laws. International law provides a framework for establishing national ownership or control of offshore areas, and domestic federal law mirrors and supplements these standards. This report discusses these issues.
Contributing Partner: UNT Libraries Government Documents Department
North Korea: Legislative Basis for U.S. Economic Sanctions

North Korea: Legislative Basis for U.S. Economic Sanctions

Date: September 29, 2010
Creator: Rennack, Dianne E.
Description: This report discusses the economic sanctions the United States imposes on North Korea for activities related to weapons proliferation, destabilizing the region, anti-terrorism, and undemocratic governance.
Contributing Partner: UNT Libraries Government Documents Department
Authority of State and Local Police to Enforce Federal Immigration Law

Authority of State and Local Police to Enforce Federal Immigration Law

Date: September 17, 2010
Creator: Garcia, Michael John & Manuel, Kate M.
Description: This report discusses the authority of state and local law enforcement to assist in the enforcement of federal immigration law through the investigation and arrest of persons believed to have violated such laws. It describes current provisions in federal law that permit state and local police to enforce immigration law directly, analyzes major cases concerning the ability of states and localities to assist in immigration enforcement, and briefly examines opinions on the issue by the Office of Legal Counsel (OLC) within the Department of Justice.
Contributing Partner: UNT Libraries Government Documents Department
False Patent Marking: Litigation and Legislation

False Patent Marking: Litigation and Legislation

Date: September 20, 2010
Creator: Yeh, Brian T.
Description: This report will describe and analyze the Federal Circuit's 2009 decision that requires a per-article penalty for false marking, as well as two subsequent Federal Circuit decisions in 2010 that answer several questions that have arisen during the recent false patent marking litigation. It also identifies and discusses legislation in the 111th Congress that would amend ยง 292 in order to retroactively end qui tam false marking suits and with the intent of reducing the number of false marking suits filed in the future.
Contributing Partner: UNT Libraries Government Documents Department
An Overview of Recent U.S. Supreme Court Jurisprudence in Patent Law

An Overview of Recent U.S. Supreme Court Jurisprudence in Patent Law

Date: September 17, 2010
Creator: Yeh, Brian T.
Description: This report provides a brief summary of the Supreme Court's patent law jurisprudence in the following nine cases that have been decided since 2005: Merck KGaA v. Integra Lifesciences I, Unitherm Food Systems v. Swift-Eckrich, Illinois Tool Works v. Independent Ink, eBay v. MercExchange, Laboratory Corporation of America Holdings v. Metabolite Labs., MedImmune v. Genentech, KSR International Co. v. Teleflex Inc., Microsoft v. AT&T, Quanta Computer, Inc. v. LG Electronics, Inc., and Bilski v. Kappos.
Contributing Partner: UNT Libraries Government Documents Department
Samantar v. Yousef: The Foreign Sovereign Immunities Act and Foreign Officials

Samantar v. Yousef: The Foreign Sovereign Immunities Act and Foreign Officials

Date: September 24, 2010
Creator: Elsea, Jennifer K.
Description: On June 1, 2010, the U.S. Supreme Court decided unanimously in Samantar v. Yousef that the Foreign Sovereign Immunities Act (FSIA), which governs the immunity of foreign states in U.S. courts, does not apply in suits against foreign officials. This report provides an overview of the FSIA, followed by a consideration of the remaining options for foreign officials who seek immunity from lawsuits, as well as some of the questions that may emerge from each option. The report also addresses legislation that would affect the immunity of foreign officials, including S. 2930.
Contributing Partner: UNT Libraries Government Documents Department
Federal Employees' Retirement System: Benefits and Financing

Federal Employees' Retirement System: Benefits and Financing

Date: September 15, 2010
Creator: Isaacs, Katelin P.
Description: Most civilian federal employees who were hired before 1984 are covered by the Civil Service Retirement System, and contribute 7.0% of their pay to a retirement fund. Federal employees hired in 1984 or later are covered by the Federal Employees' Retirement System and contribute 0.8% of their pay to a retirement fund. Both require participants to contribute toward the cost of their pensions through a payroll tax. The taxable wage base is $106,800 in 2010. This report discusses both retirement funds.
Contributing Partner: UNT Libraries Government Documents Department
State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona's S.B. 1070

State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona's S.B. 1070

Date: September 14, 2010
Creator: Manuel, Kate M.; Garcia, Michael John & Eig, Larry M.
Description: This report discusses S.B. 1070 and some of the notable preemption issues raised by some of its provisions. Where relevant, it examines the district court's ruling that the federal government is likely to succeed on the merits of its arguments that certain sections of S.B. 1070 are preempted by federal law. It also discusses other preemption issues potentially raised by S.B. 1070 or similar legislation, including some issues that were not expressly addressed by the district court in its preliminary ruling.
Contributing Partner: UNT Libraries Government Documents Department
Authority of State and Local Police to Enforce Federal Immigration Law

Authority of State and Local Police to Enforce Federal Immigration Law

Date: September 17, 2010
Creator: Garcia, Michael John & Manuel, Kate M.
Description: This report discusses the authority of state and local law enforcement to assist in the enforcement of federal immigration law through the investigation and arrest of persons believed to have violated such laws. It describes current provisions in federal law that permit state and local police to enforce immigration law directly, analyzes major cases concerning the ability of states and localities to assist in immigration enforcement, and briefly examines opinions on the issue by the Office of Legal Counsel (OLC) within the Department of Justice.
Contributing Partner: UNT Libraries Government Documents Department
Supreme Court Appointment Process: Roles of the President, Judiciary Committee, and Senate

Supreme Court Appointment Process: Roles of the President, Judiciary Committee, and Senate

Date: September 3, 2010
Creator: Rutkus, Denis S.
Description: This report discusses the appointment of Supreme Court Justices, including the President's selection of a nominee and process to reach confirmation in the Senate. The appointment of a Supreme Court Justice is an event of major significance in American politics. Each appointment is of consequence because of the enormous judicial power the Supreme Court exercises as the highest appellate court in the federal judiciary. Appointments are usually infrequent, as a vacancy on the nine-member Court may occur only once or twice, or never at all, during a particular President's years in office. Under the Constitution, Justices on the Supreme Court receive lifetime appointments. Such job security in the government has been conferred solely on judges and, by constitutional design, helps insure the Court's independence from the President and Congress.
Contributing Partner: UNT Libraries Government Documents Department
The 2010 Oil Spill: Natural Resource Damage Assessment Under the Oil Pollution Act

The 2010 Oil Spill: Natural Resource Damage Assessment Under the Oil Pollution Act

Date: September 8, 2010
Creator: Alexander, Kristina
Description: The 2010 Deepwater Horizon oil spill leaked an estimated 4.1 million barrels of oil into the Gulf of Mexico, damaging the waters, shores, and marshes, and the fish and wildlife that live there. When resources in the public trust are harmed by contamination, federal, state, foreign, and tribal governments may seek compensation for damage to natural resources under certain laws. This is done in two steps: first, by assessing the harm; then, by determining how and what restoration will take place. Compensation for natural resource damage is intended to restore the natural resources to their condition before the damage and to compensate the public for the lost use of those resources. This report discusses legislation that provides a framework for assessing and mitigating the damage caused by such spills.
Contributing Partner: UNT Libraries Government Documents Department
Iran Sanctions

Iran Sanctions

Date: September 9, 2010
Creator: Katzman, Kenneth
Description: This report focuses on the United States' relationship with Iran and how the Obama Administration is handling prior administration's economic sanctions against Iran. The Obama Administration's policy approach toward Iran has contrasted with the Bush Administration's by attempting to couple the imposition of sanctions to an active and direct U.S. effort to negotiate with Iran on the nuclear issue
Contributing Partner: UNT Libraries Government Documents Department
Community Oriented Policing Services (COPS): Current Legislative Issues

Community Oriented Policing Services (COPS): Current Legislative Issues

Date: September 15, 2010
Creator: James, Nathan
Description: This report provides an overview and analysis of issues Congress might choose to consider when taking up legislation to reauthorize the Community Oriented Policing Services (COPS) program.
Contributing Partner: UNT Libraries Government Documents Department
Tax Havens: International Tax Avoidance and Evasion

Tax Havens: International Tax Avoidance and Evasion

Date: September 3, 2010
Creator: Gravelle, Jane G.
Description: The first section of this report reviews what countries might be considered tax havens, including a discussion of the Organization for Economic Development and Cooperation (OECD) initiatives and lists. The next two sections discuss, in turn, the corporate profit-shifting mechanisms and evidence on the existence and magnitude of profit shifting activity. The following two sections provide the same analysis for individual tax evasion. The report concludes with overviews of alternative policy options and a summary of specific legislative proposals.
Contributing Partner: UNT Libraries Government Documents Department
Regulating Coal Combustion Waste Disposal: Issues for Congress

Regulating Coal Combustion Waste Disposal: Issues for Congress

Date: September 21, 2010
Creator: Luther, Linda
Description: This report provides an overview of the current rulemaking for Coal combustion waste (CCW) and relevant background information that applies to that rulemaking. In particular, the report describes the nature of the waste itself and primary methods of managing it; discusses potential risks associated with its mismanagement, particularly as supported by new data EPA has gathered to support the proposed rulemaking; and provides an overview of EPA's current regulatory proposal.
Contributing Partner: UNT Libraries Government Documents Department
Oil Spills in U.S. Coastal Waters: Background and Governance

Oil Spills in U.S. Coastal Waters: Background and Governance

Date: September 2, 2010
Creator: Ramseur, Jonathan L.
Description: This report provides background information regarding oil spills in U.S. coastal waters and identifies the legal authorities governing oil spill prevention, response, and cleanup. Based on data between 1973 and 2009, the annual number and volume of oil spills have shown declines- in some cases, dramatic declines.
Contributing Partner: UNT Libraries Government Documents Department