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"Chevron" Deference: A Primer

Description: This report discusses the Chevron decision (which set up the current process for judicial review of regulatory agencies), explains the circumstances in which the Chevron doctrine applies, explores how courts apply the two steps of Chevron, and highlights some criticisms of the doctrine, with an eye towards the potential future of Chevron deference.
Date: September 19, 2017
Creator: Brannon, Valerie C. & Cole, Jared P.
Partner: UNT Libraries Government Documents Department
open access

Deference and its Discontents: Will the Supreme Court Overrule Chevron?

Description: The Chevron deference is a seminal administrative law doctrine established by the Court's opinion in the 1984 case of Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. As several members of the Supreme Court are critical of the doctrine, this report discusses the possibility of the Court reconsidering Chevron in the near future.
Date: October 11, 2018
Creator: Brannon, Valerie C. & Cole, Jared P.
Partner: UNT Libraries Government Documents Department
open access

Who Can Serve as Acting Attorney General

Description: This report discusses the two primary arguments raised to challenge the President's decision to name Matthew Whitaker as Acting Attorney General: first, that the Vacancies Act does not apply because another statute, 28 U.S.C. § 508, provides that the Deputy Attorney General (DAG) serves as Acting AG in the event of a vacancy; and second, that the Appointments Clause prohibits Whitaker, a non-Senate-confirmed official, from serving as the head of the Department of Justice (DOJ).
Date: November 15, 2018
Creator: Brannon, Valerie C. & Cole, Jared P.
Partner: UNT Libraries Government Documents Department
open access

Who's the Boss at the CFPB?

Description: This report discusses an ongoing dispute over who the new acting director of the Consumer Financial Protection Bureau (CFPB) is following the resignation of the past director on Nov. 24., 2017. President Trump appointed Mick Mulvaney as the acting director, but the past director had already appointed Leandra English who has filed a lawsuit and asked for a temporary restraining order preventing Mulvaney from performing the duties of director. This report outlines the merits of the case and the … more
Date: November 28, 2017
Creator: Brannon, Valerie C. & Cole, Jared P.
Partner: UNT Libraries Government Documents Department
open access

Nondiscrimination in Environmental Regulation: A Legal Analysis

Description: This report will examine the relevant legal authorities that may be asserted to address disproportionate impacts that result from how an agency implements environmental regulations, including the Equal Protection Clause of the U.S. Constitution, Title VI of the Civil Rights Act of 1964, and various environmental and conservation statutes. It will discuss administrative efforts to address "environmental justice," a term used by some advocates to refer to the distribution of environmental quality… more
Date: February 6, 2013
Creator: Brougher, Cynthia
Partner: UNT Libraries Government Documents Department
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Special Counsels, Independent Counsels, and Special Prosecutors: Legal Authority and Limitations on Independent Executive Investigations

Description: This report analyzes the use of special prosecutors and independent counsels that were authorized under now-expired provisions of the Ethics in Government Act of 1978, as well as the use of special counsels that are currently authorized by DOJ regulations. A glossary of terms at the beginning of the report briefly defines these italicized terms (see Table 1). The report continues with an examination of various constitutional issues relevant to these efforts.
Date: April 13, 2018
Creator: Brown, Cynthia & Cole, Jared P.
Partner: UNT Libraries Government Documents Department
open access

The Defense Production Act of 1950: History, Authorities, and Considerations for Congress

Description: This report examines some of the extensive history of the Defense Production Act of 1950 (DPA), focusing primarily on its creation and most recent legislative reauthorization. This report also identifies relevant delegations of the President's DPA authorities made in Executive Order (E.O.) 13603 -- National Defense Resources Preparedness -- and provides a brief overview of issues Congress may consider in its oversight.
Date: November 20, 2018
Creator: Brown, Jared T. & Schwartz, Moshe
Partner: UNT Libraries Government Documents Department
open access

Clean Energy Standard: Summary and Analysis of S. 2146

Description: U.S. policymakers have considered and deliberated on several policy designs that could potentially reduce energy-related carbon emissions. In his 2011 State of the Union address, President Obama proposed the concept of a Clean Energy Standard (CES) that would result in 80% of U.S. electricity generation from clean energy sources by 2035. In March of 2012, the Clean Energy Standard Act of 2012 (S. 2146) was introduced in the Senate.
Date: May 9, 2012
Creator: Brown, Phillip
Partner: UNT Libraries Government Documents Department
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Solar Projects: DOE Section 1705 Loan Guarantees

Description: This report discusses the solar energy initiative and the political implications. The objective of this report is to provide Congress with insight regarding solar projects supported by Department of Energy (DOE’s) loan guarantee program, the risk characteristics of these projects, and how other DOE loan guarantee projects are either similar to or different from the Solyndra solar manufacturing project.
Date: October 25, 2011
Creator: Brown, Phillip
Partner: UNT Libraries Government Documents Department
open access

U.S. Crude Oil Export Policy: Background and Considerations

Description: This report provides background and context about the crude oil legal and regulatory framework, discusses motivations that underlie the desire to export U.S. crude oil, and presents analysis of issues that Congress may choose to consider during debate about U.S. crude oil export policy.
Date: March 26, 2014
Creator: Brown, Phillip; Pirog, Robert; Vann, Adam; Fergusson, Ian F.; Ratner, Michael & Ramseur, Jonathan L.
Partner: UNT Libraries Government Documents Department
open access

U.S. Crude Oil Export Policy: Background and Considerations

Description: The crude oil export policy debate has multiple dimensions and complexities. As U.S. light tight oil (LTO) production has increased--along with additional oil supply from Canada--certain challenges have emerged that affect some oil producers and refiners. While the economic arguments both for and against U.S. crude oil exports are quite complex and dynamic, there are some fundamental concepts and issues that may be worth considering during debate about exporting U.S. crude oil. This report pro… more
Date: December 31, 2014
Creator: Brown, Phillip; Pirog, Robert; Vann, Adam; Fergusson, Ian F.; Ratner, Michael & Ramseur, Jonathan L.
Partner: UNT Libraries Government Documents Department
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The Congressional Research Service and the American Legislative Process

Description: The Legislative Reference Service, it was charged with responding to congressional requests for information. For more than 50 years, this department assisted Congress primarily by providing facts and publications and by transmitting research and analysis done largely by other government agencies, private organizations, and individual scholars. In 1970, Congress enacted a law transforming the Legislative Reference Service into the Congressional Research Service (CRS) and directing CRS to devote … more
Date: April 12, 2011
Creator: Brudnick, Ida A.
Partner: UNT Libraries Government Documents Department
open access

Electronic Employment Eligibility Verification

Description: This report discusses the employment verification program that started out as a pilot program in November 1997 and it is currently authorized until September 30, 2015, in accordance with P.L. 112-176.
Date: January 9, 2014
Creator: Bruno, Andorra
Partner: UNT Libraries Government Documents Department
open access

The H-2B Visa and the Statutory Cap: In Brief

Description: This report discusses H-2B visas for temporary non-agricultural workers and the statutory cap on the number issued each year along with recent extensions of the cap number due to high-demand from U.S. employers.
Date: April 17, 2018
Creator: Bruno, Andorra
Partner: UNT Libraries Government Documents Department
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