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Surface Transportation Funding and Finance

Description: This report discusses changes in funding to the national surface transportation infrastructure, especially in light of the recession that began in 2007, which led to decreases in driving and fuel use. This report focuses on possible revenue sources for surface transportation infrastructure. It begins with a brief discussion of the problems associated with the trust fund financing system and then explores possible immediate and longer-term solutions to the financing problem.
Date: November 10, 2010
Creator: Fischer, John W.; Kirk, Robert S. & Mallett, William J.
Partner: UNT Libraries Government Documents Department
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"Robo-Signing" and Other Alleged Documentation Problems in Judicial and Nonjudicial Foreclosure Processes

Description: Recent depositions involving major servicers, including GMAC Mortgage, J.P. Morgan Chase, and Wells Fargo, have raised concerns about "robo-signing" -- the practice of having a small number of individuals sign a large number of affidavits and other legal documents submitted to courts and other public authorities by mortgage companies to execute foreclosure. This report explores concerns related to these issues by explaining the mortgage market process, procedural problems that have surfaced dur… more
Date: November 15, 2010
Creator: Carpenter, David H.
Partner: UNT Libraries Government Documents Department
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State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona's S.B. 1070

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 … more
Date: September 14, 2010
Creator: Manuel, Kate M.; Garcia, Michael John & Eig, Larry M.
Partner: UNT Libraries Government Documents Department
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Water Infrastructure Projects Designated in EPA Appropriations: Trends and Policy Implications

Description: This report discusses appropriations for Environmental Protection Agency (EPA) water infrastructure programs, focusing on congressional special project designations in the account that funds these programs. While some Members of Congress, interest groups, and Administration officials are critical of these types of congressional actions, there is little indication that the practice will cease. Information on the programmatic history of EPA involvement in assisting wastewater treatment and drinki… more
Date: October 28, 2010
Creator: Copeland, Claudia
Partner: UNT Libraries Government Documents Department
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Pesticide Use and Water Quality: Are the Laws Complementary or in Conflict?

Description: This report provides background on the conflict over interpretation and implementation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Clean Water Act. A brief discussion of the two laws is followed by a review of the major litigation of interest. EPA's efforts to clarify its policy in this area and the November 2006 rule and the 2009 federal court ruling are discussed, as well as possible options for EPA and Congress to further address the FIFRA-CWA issues. In June, … more
Date: October 13, 2010
Creator: Copeland, Claudia
Partner: UNT Libraries Government Documents Department
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Extraterritorial Application of American Criminal Law

Description: Crime is ordinarily proscribed, tried, and punished according to the laws of the place where it occurs. American criminal law applies beyond the geographical confines of the United States, however, under certain limited circumstances. A surprising number of federal criminal statutes have extraterritorial application, but prosecutions have been few. This may be because when extraterritorial criminal jurisdiction does exist, practical and legal complications, and sometimes diplomatic consideratio… more
Date: March 26, 2010
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department
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Abortion Services and Military Medical Facilities

Description: The purpose of this report is to describe and discuss the provisions for providing abortion services to military personnel, their dependents and other military health care beneficiaries at military medical facilities. The report describes the history of these provisions, with particular emphasis on legislative actions. Finally, this report discusses a number of proposals to modify the law as well as other related legislative and administrative actions.
Date: July 8, 2010
Creator: Burrelli, David F.
Partner: UNT Libraries Government Documents Department
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Responsibility Determinations Under the Federal Acquisition Regulation: Legal Standards and Procedures

Description: 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 respon… more
Date: October 1, 2010
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department
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Securing America's Borders: The Role of the Intelligence Community

Description: Maintaining the security of U.S. borders is a fundamental responsibility of the federal government. This report discusses the contribution of intelligence agencies to the border security efforts of the Department of Homeland Security, the Department of Defense, and other federal agencies that work in cooperation with state, local, and tribal law enforcement agencies. Much of the intelligence community's border security-related efforts are classified, however.
Date: December 7, 2010
Creator: Best, Richard A., Jr.
Partner: UNT Libraries Government Documents Department
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The Bayh-Dole Act: Selected Issues in Patent Policy and the Commercialization of Technology

Description: Congressional interest in facilitating U.S. technological innovation led to the passage of P.L. 96-517, Amendments to the Patent and Trademark Act, commonly referred to as the "Bayh-Dole Act" after its two main sponsors former Senators Robert Dole and Birch Bayh. 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. This report discusses the rationale … more
Date: November 16, 2010
Creator: Schacht, Wendy H.
Partner: UNT Libraries Government Documents Department
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Unauthorized Alien Students: Issues and "DREAM Act" Legislation

Description: Supporters of comprehensive immigration reform have urged the President and Congress to pursue reform legislation. While legislative action on comprehensive reform does not appear likely during the remainder of the 111th Congress, there may be an effort to enact a measure, commonly referred to as the "DREAM Act," to enable certain unauthorized alien students to legalize their status. This report discusses the DREAM act and related issues.
Date: December 1, 2010
Creator: Bruno, Andorra
Partner: UNT Libraries Government Documents Department
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An Overview of Recent U.S. Supreme Court Jurisprudence in Patent Law

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. Kap… more
Date: September 17, 2010
Creator: Yeh, Brian T.
Partner: UNT Libraries Government Documents Department
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Changes in the Arctic: Background and Issues for Congress

Description: The diminishment of Arctic sea ice has led to increased human activities in the Arctic, and has heightened concerns about the region's future. Issues such as Arctic sovereignty claims; commercial shipping through the Arctic; Arctic oil, gas, and mineral exploration; endangered Arctic species; and increased military operations in the Arctic could cause the region in coming years to become an arena of international cooperation, competition, or conflict. This report provides an overview of Arctic-… more
Date: October 8, 2010
Creator: O'Rourke, Ronald
Partner: UNT Libraries Government Documents Department
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Samantar v. Yousef: The Foreign Sovereign Immunities Act and Foreign Officials

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 legislat… more
Date: September 24, 2010
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department
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False Patent Marking: Litigation and Legislation

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 § 292 in order to retroactively end qui tam false marking suits and with the intent of reducing the number of false marking suit… more
Date: September 20, 2010
Creator: Yeh, Brian T.
Partner: UNT Libraries Government Documents Department
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Authority of State and Local Police to Enforce Federal Immigration Law

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 L… more
Date: September 17, 2010
Creator: Garcia, Michael John & Manuel, Kate M.
Partner: UNT Libraries Government Documents Department
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State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona's S.B. 1070

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 prelimi… more
Date: September 14, 2010
Creator: Manuel, Kate M.; Garcia, Michael John & Eig, Larry M.
Partner: UNT Libraries Government Documents Department
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Abortion Services and Military Medical Facilities

Description: The purpose of this report is to describe and discuss the provisions for providing abortion services to military personnel, their dependents, and other military health care beneficiaries at military medical facilities. The report describes the history of these provisions, with particular emphasis on legislative actions. Finally, this report discusses a number of proposals to modify the law, as well as other related legislative and administrative actions.
Date: December 16, 2010
Creator: Burrelli, David F.
Partner: UNT Libraries Government Documents Department
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Cybercrime: An Overview of the Federal Computer Fraud and Abuse Statute and Related Federal Criminal Laws

Description: The federal computer fraud and abuse statute, 18 U.S.C. 1030, outlaws conduct that victimizes computer systems. It is a cyber security law. It protects federal computers, bank computers, and computers connected to the Internet. It shields them from trespassing, threats, damage, espionage, and from being corruptly used as instruments of fraud. It is not a comprehensive provision, but instead it fills cracks and gaps in the protection afforded by other federal criminal laws. This is a brief sketc… more
Date: December 27, 2010
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department
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The Army Corps of Engineers' Nationwide Permits Program: Issues and Regulatory Developments

Description: Congressional interest in wetlands permit regulatory programs has been evident in the past in oversight hearings and in connection with bills to fund the Corps' regulatory programs. For some time, there has been a stalemate over legislation that would revise wetlands regulatory law and that could, if enacted, modify the nationwide permit program. During this time, no consensus has emerged on whether or how to reform overall wetlands policy legislatively. Recently, Obama Administration initiativ… more
Date: December 28, 2010
Creator: Copeland, Claudia
Partner: UNT Libraries Government Documents Department
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Federal Employees' Retirement System: Benefits and Financing

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 fun… more
Date: September 15, 2010
Creator: Isaacs, Katelin P.
Partner: UNT Libraries Government Documents Department
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A U.S.-centric Chronology of the International Climate Change Negotiations

Description: The Copenhagen conference in December 2009 achieved only mandates to continue negotiating toward the next Conference of the Parties (COP) to be held in Mexico City in December 2010. As a background to these proceedings, this document provides a U.S.-centric chronology of the international policy deliberations to address climate change from 1979-2009. Negotiations underway since 2007 have run on two tracks, the Kyoto Protocol the Convention under the Bali Action Plan. Many in the U.S. Congress a… more
Date: January 7, 2010
Creator: Leggett, Jane A.
Partner: UNT Libraries Government Documents Department
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Environmental Laws: Summaries of Major Statutes Administered by the Environmental Protection Agency

Description: This report summarizes several federal statutes providing legal authority for the Environmental Protection Agency's (EPA) programs and activities. These include: the Clean Air Act (CAA), the Clean Water Act (CWA), the Ocean Dumping Act, the Safe Drinking Water Act (SDWA), the Solid Waste Disposal Act, the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Toxic Substances Control Act (TSCA), the Federal Insectic… more
Date: October 8, 2010
Creator: Bearden, David M.; Copeland, Claudia; Luther, Linda; McCarthy, James E.; Schierow, Linda-Jo & Tiemann, Mary
Partner: UNT Libraries Government Documents Department
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Authority of State and Local Police to Enforce Federal Immigration Law

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 L… more
Date: September 17, 2010
Creator: Garcia, Michael John & Manuel, Kate M.
Partner: UNT Libraries Government Documents Department
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