Common Legal Questions and Answers Concerning Currency, Legal Tender and Money

Common Legal Questions and Answers Concerning Currency, Legal Tender and Money

Date: July 5, 1983
Creator: American Law Division
Description: This report answers common legal questions relating to currency, legal tender, and money.
Contributing Partner: UNT Libraries Government Documents Department
Background and Legal Issues Related to Stem Cell Research

Background and Legal Issues Related to Stem Cell Research

Date: June 12, 2002
Creator: Duffy, Diane T
Description: In August 2001, President Bush announced that federal funds, with certain restrictions, may be used to conduct research on human embryonic stem cells. Federal research is limited to “the more than 60” existing stem cell lines that were derived (1) with the informed consent of the donors; (2) from excess embryos created solely for reproductive purposes; and (3) without any financial inducements to the donors. No federal funds may be used for the derivation or use of stem cell lines derived from newly destroyed embryos; the creation of any human embryos for research purposes; or cloning of human embryos for any purposes.
Contributing Partner: UNT Libraries Government Documents Department
Attorneys' Fees in the State Tobacco Litigation Cases

Attorneys' Fees in the State Tobacco Litigation Cases

Date: September 23, 1997
Creator: Contrubis, John
Description: In the past few years, many states have filed complaints against the tobacco industry in state court to recover Medicaid costs paid by the states to treat their citizens for tobacco related illnesses. The states are also attempting to recover other damages, such as punitive damages, against the tobacco industry. For various reasons, the states have hired private attorneys to assist the state Attorneys General in prosecuting these cases. In most cases, the retention of private counsel has included a fee agreement specifying the amount of compensation that these attorneys will receive for their services. These agreements are not uniform among the states, but most tend to provide some form of contingency fee arrangement. Some of these states have developed a sliding scale contingency fee schedule which varies with the amount of time spent on the litigation and whether a trial has begun. This report briefly summarizes the different fee agreements that the states have with private counsel.
Contributing Partner: UNT Libraries Government Documents Department
Bankruptcy Reform Legislation in the 107th Congress: A Comparison of H.R. 333 As Passed by the House and the Senate

Bankruptcy Reform Legislation in the 107th Congress: A Comparison of H.R. 333 As Passed by the House and the Senate

Date: July 10, 2002
Creator: Jeweler, Robin
Description: H.R. 333, 107th Congress, 1st Sess. (2001), the “Bankruptcy Abuse Prevention and Consumer Protection Act of 2001” and its counterpart in the Senate, S. 220, 107th Congress, 1st Sess. (2001), the “Bankruptcy Reform Act of 2001” were introduced on January 31, 2001. So far, the 107th Congress has demonstrated widespread support for the bills evidenced by the votes. Although President Bush is expected to sign bankruptcy reform into law, the White House has indicated that a bankruptcy bill that contains a federal homestead cap may be unacceptable. This report surveys the bills and the major amendments that have been adopted. It provides a sectional analysis comparing selected provisions, with an emphasis on consumer bankruptcy.
Contributing Partner: UNT Libraries Government Documents Department
Bankruptcy Relief and Natural Disaster Victims

Bankruptcy Relief and Natural Disaster Victims

Date: September 14, 2005
Creator: Jeweler, Robin
Description: In the wake of Hurricane Katrina, many have questioned whether implementing the new procedures of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), P.L. 109-8, scheduled to go into effect on October 17, 2005, should be delayed. This report considers whether bankruptcy law in general, and the BAPCPA in particular, may present unique challenges to financial recovery for those whose life, livelihood, and/or home have been damaged or destroyed.
Contributing Partner: UNT Libraries Government Documents Department
The Assault Weapons Ban: Review of Federal Laws Controlling Possessions of Certain Firearms

The Assault Weapons Ban: Review of Federal Laws Controlling Possessions of Certain Firearms

Date: December 1, 1995
Creator: Schrader, Dorothy
Description: This report reviews the 1994 assault weapons ban, which is effective for ten years on 19 types of semiautomatic assault weapons. The Act builds upon a 60-year history of federal regulation of firearms. The report also summarizes the pre-1994 federal gun control laws, analyzes the major cases relating to constitutional and statutory challenges to these laws, and reviews judicial and legislative developments since enactment of the ban.
Contributing Partner: UNT Libraries Government Documents Department
Arrest and Detention of Material Witnesses and the USA PATRIOT Act and Terrorism Reauthorization Act (H.R. 3199): A Sketch

Arrest and Detention of Material Witnesses and the USA PATRIOT Act and Terrorism Reauthorization Act (H.R. 3199): A Sketch

Date: September 13, 2005
Creator: Doyle, Charles
Description: Section 12 of the USA PATRIOT and Terrorism Prevention Reauthorization Act (H.R. 3199), as reported by the House Judiciary Committee, directed the Department of Justice to review the detention of individuals under the federal material witness statute, including their length of detention], conditions of access to counsel, frequency of access to counsel, offense at issue, and frequency of appearance before a grand jury. This report illustrates the level of controversy easily generated by material witness statutes.
Contributing Partner: UNT Libraries Government Documents Department
Arrest and Detention of Material Witnesses: Federal Law In Brief and Section 12 of the USA PATRIOT and Terrorism Prevention Reauthorization Act (H.R. 3199)

Arrest and Detention of Material Witnesses: Federal Law In Brief and Section 12 of the USA PATRIOT and Terrorism Prevention Reauthorization Act (H.R. 3199)

Date: September 8, 2005
Creator: Doyle, Charles
Description: This report is an overview of the law under the federal material witness statute which authorizes the arrest of material witnesses, permits their release under essentially the same bail laws that apply to federal criminal defendants, but favors their release after their depositions have taken. A list of citations to comparable state statutes and a bibliography of law review articles and notes are appended.
Contributing Partner: UNT Libraries Government Documents Department
Asbestos Compensation Act of 2000

Asbestos Compensation Act of 2000

Date: April 13, 2000
Creator: Cohen, Henry
Description: This report summarizes H.R. 1283, 106th Congress, the Asbestos Compensation Act of 2000, as ordered to be reported with amendments by the House Committee on the Judiciary on March 16, 2000. The bill would create an administrative procedure for asbestos liability claims.
Contributing Partner: UNT Libraries Government Documents Department
Awards of Attorneys' Fees by Federal Courts and Federal Agencies

Awards of Attorneys' Fees by Federal Courts and Federal Agencies

Date: January 24, 2006
Creator: Cohen, Henry
Description: In the United States, the general rule, which derives from common law, is that each side in a legal proceeding pays for its own attorney. There are many exceptions, however, in which federal courts, and occasionally federal agencies, may order the losing party to pay the attorneys’ fees of the prevailing party. The major common law exception authorizes federal courts (not agencies) to order a losing party that acts in bad faith to pay the prevailing party’s fees. This report discusses the Equal Access to Justice Act (EAJA), which makes the United States liable for attorneys’ fees of up to $125 per hour in many court cases and administrative proceedings that it loses (and some that it wins) and fails to prove that its position was substantially justified.
Contributing Partner: UNT Libraries Government Documents Department
Awards of Attorneys' Fees by Federal Courts and Federal Agencies

Awards of Attorneys' Fees by Federal Courts and Federal Agencies

Date: June 20, 2008
Creator: Cohen, Henry
Description: In the United States, the general rule, which derives from common law, is that each side in a legal proceeding pays for its own attorney. There are many exceptions, however, in which federal courts, and occasionally federal agencies, may order the losing party to pay the attorneys' fees of the prevailing party. There are roughly two hundred statutory exceptions, which were generally enacted to encourage private litigation to implement public policy.
Contributing Partner: UNT Libraries Government Documents Department
Authority of a President to Modify or Eliminate a National Monument

Authority of a President to Modify or Eliminate a National Monument

Date: August 3, 2000
Creator: Baldwin, Pamela
Description: President Clinton created a number of new national monuments, using authority given the President under the Antiquities Act of 1906. Many of the designations were controversial and renewed discussion of that Act and whether a President can modify or eliminate a Presidentially created national monument. This report examines that question.
Contributing Partner: UNT Libraries Government Documents Department
Coal Excise Tax Refunds: United States v. Clintwood Elkhorn Mining Co.

Coal Excise Tax Refunds: United States v. Clintwood Elkhorn Mining Co.

Date: May 16, 2008
Creator: Lunder, Erika
Description: In 1998, a U.S. district court held that the imposition of the coal excise tax, or black lung excise tax, on coal destined for export was unconstitutional. The process of refunding the tax has been controversial. This is because some coal producers and exporters have attempted to bypass the limitations in the Internal Revenue Code's refund scheme for bringing suit under the Export Clause in the Court of Federal Claims, seeking damages from the United States in the amount of coal excise taxes paid. The Federal Circuit Court of Appeals held the court had jurisdiction under the Tucker Act to hear the suits and allowed them as an alternative to the Code's refund process. However, in a 2008 decision, United States v. Clintwood Elkhorn Mining Co., the Supreme Court unanimously held that taxpayers must comply with the Code's administrative refund process before bringing suit. Meanwhile, H.R. 1762 and S. 373 would provide an alternative method for taxpayers to receive coal excise tax refunds.
Contributing Partner: UNT Libraries Government Documents Department
Chapter 12 of the U.S. Bankruptcy Code: Reorganization of a Family Farmer or Fisherman

Chapter 12 of the U.S. Bankruptcy Code: Reorganization of a Family Farmer or Fisherman

Date: August 2, 2005
Creator: Jeweler, Robin
Description: Chapter 12 of the U.S. Bankruptcy Code dealing with “family farmer” reorganization, temporarily extended 11 times since its original enactment, is made permanent by enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act, P.L. 109-8. It is amended to include “family fisherman” as well. This report surveys the highlights of this chapter
Contributing Partner: UNT Libraries Government Documents Department
Censure of the President by the Congress

Censure of the President by the Congress

Date: September 9, 1998
Creator: Maskell, Jack
Description: Exploring a possible compromise between an impeachment and taking no congressional action, certain Members of Congress and congressional commentators have suggested a congressional “censure” of the President to express the Congress’ disapproval of the President’s conduct which has been the subject of an ongoing independent counsel investigation. This report provides and overview and discussion of the legal basis and congressional precedents regarding a congressional “censure” of the President.
Contributing Partner: UNT Libraries Government Documents Department
Child Pornography: Constitutional Principles and Federal Statutes

Child Pornography: Constitutional Principles and Federal Statutes

Date: November 13, 2002
Creator: Cohen, Henry
Description: The Child Pornography Prevention Act of 1996, P.L. 104-208, 110 Stat. 3009- 26, added a definition of “child pornography” that include visual depictions of what appears to be a minor engaging in explicit sexual conduct, even if no actual minor was used in producing the depiction. On April 16, 2002, in Ashcroft v. Free Speech Coalition, the Supreme Court held this provision unconstitutional to the extent that it prohibited pictures that were not produced with actual minors. (This case is discussed under “Section 2256,” below.) In response to Ashcroft, bills were introduced in the House and Senate that would continue to ban some child pornography that was produced without an actual minor; on June 25, 2002, the House passed one such bill: H.R. 4623, 107th Congress.
Contributing Partner: UNT Libraries Government Documents Department
Child Pornography: Constitutional Principles and Federal Statutes

Child Pornography: Constitutional Principles and Federal Statutes

Date: June 26, 2002
Creator: Cohen, Henry
Description: The Child Pornography Prevention Act of 1996, P.L. 104-208, 110 Stat. 3009- 26, added a definition of “child pornography” that include visual depictions of what appears to be a minor engaging in explicit sexual conduct, even if no actual minor was used in producing the depiction. On April 16, 2002, in Ashcroft v. Free Speech Coalition, the Supreme Court held this provision unconstitutional to the extent that it prohibited pictures that were not produced with actual minors. (This case is discussed under “Section 2256,” below.) In response to Ashcroft, bills were introduced in the House and Senate that would continue to ban some child pornography that was produced without an actual minor; on June 25, 2002, the House passed one such bill: H.R. 4623, 107th Congress.
Contributing Partner: UNT Libraries Government Documents Department
Child Pornography: Constitutional Principles and Federal Statutes

Child Pornography: Constitutional Principles and Federal Statutes

Date: May 2, 2003
Creator: Cohen, Henry
Description: The Child Pornography Prevention Act of 1996, P.L. 104-208, 110 Stat. 3009- 26, added a definition of “child pornography” that include visual depictions of what appears to be a minor engaging in explicit sexual conduct, even if no actual minor was used in producing the depiction. On April 16, 2002, in Ashcroft v. Free Speech Coalition, the Supreme Court held this provision unconstitutional to the extent that it prohibited pictures that were not produced with actual minors. (This case is discussed under “Section 2256,” below.) In response to Ashcroft, bills were introduced in the House and Senate that would continue to ban some child pornography that was produced without an actual minor; on June 25, 2002, the House passed one such bill: H.R. 4623, 107th Congress.
Contributing Partner: UNT Libraries Government Documents Department
Child Pornography: Constitutional Principles and Federal Statutes

Child Pornography: Constitutional Principles and Federal Statutes

Date: October 15, 2003
Creator: Cohen, Henry
Description: The Child Pornography Prevention Act of 1996, P.L. 104-208, 110 Stat. 3009- 26, added a definition of “child pornography” that include visual depictions of what appears to be a minor engaging in explicit sexual conduct, even if no actual minor was used in producing the depiction. On April 16, 2002, in Ashcroft v. Free Speech Coalition, the Supreme Court held this provision unconstitutional to the extent that it prohibited pictures that were not produced with actual minors. (This case is discussed under “Section 2256,” below.) In response to Ashcroft, bills were introduced in the House and Senate that would continue to ban some child pornography that was produced without an actual minor; on June 25, 2002, the House passed one such bill: H.R. 4623, 107th Congress.
Contributing Partner: UNT Libraries Government Documents Department
Child Pornography: Constitutional Principles and Federal Statutes

Child Pornography: Constitutional Principles and Federal Statutes

Date: June 25, 2003
Creator: Cohen, Henry
Description: The Child Pornography Prevention Act of 1996, P.L. 104-208, 110 Stat. 3009- 26, added a definition of “child pornography” that include visual depictions of what appears to be a minor engaging in explicit sexual conduct, even if no actual minor was used in producing the depiction. On April 16, 2002, in Ashcroft v. Free Speech Coalition, the Supreme Court held this provision unconstitutional to the extent that it prohibited pictures that were not produced with actual minors. (This case is discussed under “Section 2256,” below.) In response to Ashcroft, bills were introduced in the House and Senate that would continue to ban some child pornography that was produced without an actual minor; on June 25, 2002, the House passed one such bill: H.R. 4623, 107th Congress.
Contributing Partner: UNT Libraries Government Documents Department
Child Pornography: Constitutional Principles and Federal Statutes

Child Pornography: Constitutional Principles and Federal Statutes

Date: October 10, 2008
Creator: Cohen, Henry
Description: This report discusses the constitutional status of child pornography and summarizes federal statutes banning and regulating child pornography as well as selected court cases that have ruled on their constitutionality or interpreted them.
Contributing Partner: UNT Libraries Government Documents Department
Child Pornography Produced Without an Actual Child: Constitutionality of 108th Congress Legislation

Child Pornography Produced Without an Actual Child: Constitutionality of 108th Congress Legislation

Date: March 31, 2003
Creator: Cohen, Henry
Description: This report analyzes the First Amendment issues raised by S. 151, 108th Congress, in the versions passed by the Senate and the House. The Senate passed the version reported by the Senate Committee on the Judiciary (S.Rept. 108-2). The House version began as H.R. 1161, which, except for its section 10, was adopted as an amendment (Title V) to H.R. 1104, which the House passed as S. 151, the Child Abduction Prevention Act.
Contributing Partner: UNT Libraries Government Documents Department
Child Pornography Produced Without an Actual Child: Constitutionality of 108th Congress Legislation

Child Pornography Produced Without an Actual Child: Constitutionality of 108th Congress Legislation

Date: February 25, 2003
Creator: Cohen, Henry
Description: This report analyzes S. 151, 108th Congress, as reported by the Senate Committee on the Judiciary (S.Rept. 108-2) and passed by the Senate, and considers whether it would violate freedom of speech.
Contributing Partner: UNT Libraries Government Documents Department
Constitutionality of Proposals to Prohibit the Sale or Rental to Minors of Video Games with Violent or Sexual Content or "Strong Language"

Constitutionality of Proposals to Prohibit the Sale or Rental to Minors of Video Games with Violent or Sexual Content or "Strong Language"

Date: January 18, 2006
Creator: Cohen, Henry
Description: It has been proposed that Congress prohibit the sale or rental to minors of video games that are rated “M” (mature) or “AO” (adults-only) by the Entertainment Software Ratings Board. This board is a non-governmental entity established by the Interactive Digital Software Association, and its ratings currently have no legal effect.
Contributing Partner: UNT Libraries Government Documents Department
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