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Attempt: An Abridged Overview of Federal Criminal Law
It is not a crime to attempt to commit most federal offenses. Unlike state law, federal law has no generally applicable of attempt. Congress, however, has outlawed the attempt to commit a substantial number of federal crimes on an individual basis. In doing so, it has proscribed the attempt, set its punishment, and left to the federal courts the task of further developing the law in the area. This is an abridged version of CRS Report R42001, Attempt: An Overview of Federal Criminal Law, by Charles Doyle, without the footnotes, attributions, citations to authority, or appendix found in the longer report.
Federal Legislation Relating to Corrections
This report addresses federal legislations regarding corrections.
The Islamic State’s Acolytes and the Challenges They Pose to U.S. Law Enforcement: In Brief
This report outlines the broad challenges for federal law enforcement agencies in identifying and confronting the challenges posed by the Islamic State in the United States. This report also highlights the interagency efforts taken in preempting terrorists in the screening processes, visa fraud, and stopping the radicalization of individuals.
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.
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.
Attempt: An Overview of Federal Criminal Law
It is not a crime to attempt to commit most federal offenses. Unlike state law, federal law has no generally applicable crime of attempt. Congress, however, has outlawed the attempt to commit a substantial number of federal crimes on an individual basis. In doing so, it has proscribed the attempt, set its punishment, and left to the federal courts the task of further developing the law in this area. This report gives a background on, defines, explores defenses of, the sentencing of, and relations of other offenses to attempts of federal crimes.
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.
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.
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.
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 prior to the enactment of P.L. 106-230 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. For developments after the enactment of P.L. 106-230, please see CRS Report RS20650, 527 Organizations: Reporting Requirements Imposed on Political Organizations after the Enactment of P.L. 106-230.
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.
“Good Samaritan” Tort Reform: Three House Bills
This report discusses three 108th Congress tort reform bills: the Volunteer Pilot Organization Protection Act (H.R. 1084), the Good Samaritan Firefighter Assistance Act of 2003 (H.R. 1787), and the Nonprofit Athletic Organization Protection Act of 2003 (H.R. 3369).
Limiting Court Jurisdiction Over Federal Constitutional Issues: “Court-Stripping”
This report discusses various proposals that have been made to limit the jurisdiction of federal courts to hear cases regarding particular areas of constitutional law such as busing, abortion, prayer in school, and most recently, reciting the Pledge of Allegiance. Proposals of this type are often referred to as “court-stripping” legislation.
The Law of the Sea Convention and U.S. Policy
This report provides an overview of the law of the sea convention and U.S. policy.
Flag Law: A Compilation And Summary Of State And Federal Laws Relating To The United States Flag
This report is about the Flag Law: A Compilation And Summary Of State And Federal Laws Relating To The United States Flag
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 print and on the Internet.
Animal Baiting and Fighting: Federal and State Statutes
This report details the federal and state laws regarding animal baiting and fighting. In general, this report found three types of state statutes on this matter: specific legal prohibition aimed at stamping out a practice considered either distasteful, immoral, or a nuisance; general animal cruelty provisions enacted into law which may or may not be held applicable to baiting and fighting or any or all animals, and which may be not be enforced against those involved in such activities; and the absence of statutory restraints due either to open acceptance of animal baiting and fighting as a harmless activity or due to lack of concern over the matter.
"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.
The Unborn Victims of Violence Act
This report examines the act's provisions, and reviews existing state laws that criminalize the killing of a fetus or unborn child. The report also discusses selected cases that have considered the legitimacy of state fetal homicide and unborn child homicide statutes.
The "Militarization" of Law Enforcement and the Department of Defense's "1033 Program
This report discusses the response of SWAT teams to extraordinary cases that has raised questions about the so called "militarization" of law enforcement.
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.
Supreme Court October Term 2017: A Review of Selected Major Rulings
This report highlights seven notable cases from the October Term 2017 that could impact the work of Congress: (1) Epic Systems Corp. v. Lewis; (2) Carpenter v. United States; (3) Murphy v. National Collegiate Athletic Association (NCAA); (4) Janus v. American Federation of State, County, and Municipal Employees, Council 31 (AFSCME); (5) National Institute of Family and Life Advocates (NIFLA) v. Becerra; (6) Trump v. Hawaii; and (7) Lucia v. Securities and Exchange Commission (SEC). For each case it provides background information, summarizes the arguments presented to the Court, explains the Court's ruling, and examines the potential implications for Congress, including the ramifications for the jurisprudence in a given area of law.
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.
S. 852: The Fairness in Asbestos Injury Resolution Act of 2005
This report provides an overview of S. 852, the Fairness in Asbestos Injury Resolution (FAIR) Act of 2005. The bill would establish the Office of Asbestos Disease Compensation to award damages to asbestos claimants from the Asbestos Injury Claims Resolution Fund.
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.
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.
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.
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).
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.
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.
Supreme Court October Term 2017: A Preview of Select Cases
This report highlights four of the notable cases of the new term that could impact the work of Congress: (1) Carpenter v. United States, which examines the limits the Fourth Amendment imposes on the warrantless collection of the historical cell phone location records of a criminal suspect; (2) Christie v. National Collegiate Athletic Association (NCAA), a case exploring whether Congress, by prohibiting a state from partially repealing a state law, impermissibly commandeers the powers of the state; (3) Gill v. Whitford, which considers when a state's redistricting plan amounts to impermissible partisan gerrymandering; and (4) Masterpiece Cakeshop v. Colorado Civil Rights Commission, which asks whether a baker has a First Amendment right to decline to make cakes for same-sex weddings. Each case is addressed in a separate section that provides background information on the case; summarizes the arguments that were or are likely to be presented to the Court in each case; and examines the implications that the Court's ruling could have for Congress, including broader ramifications for the jurisprudence in a given area of law.
Testimonial Privilege for Representatives of the News Media: A Summary of Recent Court Decisions, Proposed Federal Legislation and Compilation of State Laws
This report contains a summary of recent court decisions, proposed federal legislation and compilation of state laws.
Merger and Antitrust Issues in Agriculture
A sustained period of low farm prices has generated legislative interest in the effect of concentration and consolidation on U.S. agriculture. Questions have been raised about the federal government's role in pursuing cases of unfair competition or violations of antitrust laws. Legislative interest has risen because, while regulations target business practices, important issues associated with concentration and consolidation may not be adequately addressed by existing antitrust laws. Recent reviews by Congress have dealt with issues such as: (1) the adequacy and employment of existing federal antitrust statutes to protect farmers against anti-competitive practices; (2) the extent to which mergers influence farm prices and their impact on farmers and consumers, and (3) the appropriate role of the federal government in regulating agroindustry. This report briefly describes the federal statutes and agencies involved in antitrust regulation and reviews proposals offered in the 106th Congress to restrict mergers in agriculture.
Monopoly and Monopolization - Fundamental But Separate Concepts in U.S. Antitrust Law
This report illustrates 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), as illustrated in (1) statements on merger enforcement made by recent antitrust enforcement officials (generally indicative of the agencies’ concerns about competitive conditions and the effect of various market transactions), (2) the 1992 Horizontal Merger Guidelines 2 and (3) some observations on the Government actions against the Microsoft and Intel Corporations.
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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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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Merger and Antitrust Issues in Agriculture: Statutes and Agencies
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Monopoly and Monopolization - Fundamental But Separate Concepts in U.S. Antitrust Law
This report illustrates 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), as illustrated in (1) statements on merger enforcement made by recent antitrust enforcement officials (generally indicative of the agencies’ concerns about competitive conditions and the effect of various market transactions), (2) the 1992 Horizontal Merger Guidelines 2 and (3) some observations on the Government actions against the Microsoft and Intel Corporations.
Colletions and Prisonreform: A selected reading list
This report addresses corrections and prison reform.
A Summary of Task Force Report: Organized Crime
This report addresses the Organized Crime Task Force and a summary of the basic report.
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.
Remedies for Patent Infringement
This report discusses the current legal system rules for patent infringement cases and current bills introduced in Congress related to patents.
Tort and Litigation Reform in the 115th Congress
This report discusses "tort reform" which refers to whether (and to what extent) legislatures should limit lawsuits concerning negligence, personal injury, medical malpractice, products liability, and other similar causes of action. The report surveys several major tort and litigation reform bills pending in the 115th Congress and discusses some of the legal issues raised by each bill.
How Broad a Shield? A Brief Overview of Section 230 of the Communications Decency Act
This report discusses Section 230 of the Communications Act of 1934 which was added too the law in 1996 to provide liability protection to online service providers regarding what users posted on their sites. Concerns about criminal activity being allowed to continue by companies due to the law and internet freedom advocates support for the law are discussed.
Memorandum: Civil-Suit Provision in the House-Passed Concealed Carry Reciprocity Act of 2017 (H.R. 38)
This report evaluates legal issues potentially arising from the civil-suit provision in H.R. 38, the Concealed Carry Reciprocity Act of 2017, which the House of Representatives passed on December 6, 2017
Supreme Court October Term 2016: A Review of Select Major Rulings
This report highlights four particularly notable cases the Court heard and ruled on during the October 2016 term: Matal v. Tam, which examines the interplay between the First Amendment and trademark law; Sessions v. Morales-Santana, a case exploring the relationship between immigration law and the Court's Equal Protection jurisprudence; Trinity Lutheran Church of Columbia, Inc. v. Comer, the latest chapter in the Court's Free Exercise jurisprudence; and Ziglar v. Abbasi, a case limiting the types of damages claims that can be asserted against federal officers for alleged constitutional violations under the Bivens doctrine. Each case is addressed in a separate section below, which provides background information on the case; summarizes the arguments that were presented to the Court; explains the Court's ultimate ruling; and examines the implications that the Court's ruling could have for Congress, including broader ramifications for jurisprudence in a given area of law.
A Second Amendment Right to Sell Firearms? The Ninth Circuit, Sitting En Banc, Weighs In
This report discusses the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) decision in "Teixeira v. County of Alameda" which reversed the original court decision which held that Second Amendment rights applied to commercial firearm sellers. The course of the case and decision and implications of the ruling are also discussed.
Prosecutorial Discretion in Immigration Enforcement: Legal Issues
This report begins by discussing the sources of federal power to regulate immigration and, particularly, the allocation of power between Congress and the President in this area. It next addresses the constitutional and other foundations for the doctrine of prosecutorial discretion, as well as the potential ways in which prosecutorial discretion may be exercised in the immigration context. It concludes by addressing potential constitutional, statutory, and administrative constraints upon the exercise of prosecutorial discretion.
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