Constitutional Analysis of Suspicionless Drug Testing Requirements for the Receipt of Governmental Benefits

Constitutional Analysis of Suspicionless Drug Testing Requirements for the Receipt of Governmental Benefits

Date: January 29, 2014
Creator: Carpenter, David H.
Description: This report gives an overview of the issues related to federal or state laws that condition the initial or ongoing receipt of governmental benefits on passing drug tests. These regulations are vulnerable to constitutional challenge, most often due to issues of personal privacy and Fourth Amendment protections against "unreasonable searches."
Contributing Partner: UNT Libraries Government Documents Department
Constitutional Analysis of Suspicionless Drug Testing Requirements for the Receipt of Governmental Benefits

Constitutional Analysis of Suspicionless Drug Testing Requirements for the Receipt of Governmental Benefits

Date: January 19, 2012
Creator: Carpenter, David H.
Description: This report gives an overview of the issues related to federal or state laws that condition the initial or ongoing receipt of governmental benefits on passing drug tests. These regulations are vulnerable to constitutional challenge, most often due to issues of personal privacy and Fourth Amendment protections against "unreasonable searches."
Contributing Partner: UNT Libraries Government Documents Department
The Consumer Financial Protection Bureau (CFPB): A Legal Analysis

The Consumer Financial Protection Bureau (CFPB): A Legal Analysis

Date: January 14, 2014
Creator: Carpenter, David H.
Description: This report provides an overview of the regulatory structure of consumer finance under existing federal law before the Dodd-Frank Act went into effect, and examines arguments for modifying the regime in order to more effectively regulate consumer financial markets. It then analyzes how the CFP Act changes the legal structure, with a focus on the Bureau's organization; the entities and activities that fall (and do not fall) under the Bureau's supervisory, enforcement, and rulemaking authorities; the Bureau's general and specific rulemaking powers and procedures; and the Bureau's funding.
Contributing Partner: UNT Libraries Government Documents Department
"Robo-Signing" and Other Alleged Documentation Problems in Judicial and Nonjudicial Foreclosure Processes

"Robo-Signing" and Other Alleged Documentation Problems in Judicial and Nonjudicial Foreclosure Processes

Date: November 15, 2010
Creator: Carpenter, David H.
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 during foreclosure proceedings, and other relevant information.
Contributing Partner: UNT Libraries Government Documents Department
The "Volcker": Proposals to Limit "Speculative" Proprietary Trading by Banks

The "Volcker": Proposals to Limit "Speculative" Proprietary Trading by Banks

Date: June 30, 2010
Creator: Carpenter, David H.
Description: This report briefly discusses the permissible proprietary trading activities of commercial banks and their subsidiaries under current law. It then analyzes the Volcker Rule proposals under the House- and Senate-passed financial reform bills and under the Conference Report, which would limit the ability of commercial banking institutions and their affiliated companies and subsidiaries to engage in trading unrelated to customer needs and investing in and sponsoring hedge funds or private equity funds.
Contributing Partner: UNT Libraries Government Documents Department
"Living Wills": The Legal Regime for Constructing Resolution Plans for Certain Financial Institutions

"Living Wills": The Legal Regime for Constructing Resolution Plans for Certain Financial Institutions

Date: December 4, 2014
Creator: Carpenter, David H.
Description: One of the chief objectives of the Dodd-Frank Wall Street Reform and Consumer Protection Act (DFA) is to promote financial stability within the United States, without the need for emergency governmental assistance to troubled firms. To achieve this goal, the DFA establishes a heightened regulatory regime for certain, generally large "covered financial institutions." A pillar of this heightened regulatory regime is that each covered financial institution must submit "credible" plans to the Board of Governors of the Federal Reserve System (FRB) and the Federal Deposit Insurance Corporation (FDIC) detailing how the firm could be quickly resolved in an orderly fashion under the U.S. Bankruptcy Code or other applicable insolvency regime "in the event of a material financial distress or failure." These resolution plans are commonly referred to as "living wills." This report reviews the legal structure of the DFA's living will requirements, pursuant to both DFA Section 165(d) and the regulations and guidance issued jointly by the FRB and FDIC, and explains the August 2014 joint announcement of the FRB and FDIC regarding the inadequacies of the 2013 living wills filed by the 11 largest, most complex financial institutions in the country. This report also examines some of the steps ...
Contributing Partner: UNT Libraries Government Documents Department
The "Volcker": Proposals to Limit "Speculative" Proprietary Trading by Banks

The "Volcker": Proposals to Limit "Speculative" Proprietary Trading by Banks

Date: June 22, 2010
Creator: Carpenter, David H.
Description: This report briefly discusses the permissible proprietary trading activities of commercial banks and their subsidiaries under current law. It then analyzes the Volcker Rule proposals under both the House- and Senate-passed financial reform bills.
Contributing Partner: UNT Libraries Government Documents Department
The Dodd-Frank Wall Street Reform and Consumer Protection Act: Title X, The Consumer Financial Protection Bureau

The Dodd-Frank Wall Street Reform and Consumer Protection Act: Title X, The Consumer Financial Protection Bureau

Date: July 21, 2010
Creator: Carpenter, David H.
Description: This report provides a legal overview of the regulatory structure of consumer finance under existing federal law, which is followed by an analysis of how the Consumer Financial Protection Act of 2010 will change this legal structure, with a focus on the Bureau's organization and funding; the entities and activities that fall (and do not fall) under the Bureau's supervisory, enforcement, and rulemaking authority; the Bureau's general and specific rulemaking powers and procedures; and an analysis of the act's preemption standards over state consumer protection laws as they apply to national banks and thrifts.
Contributing Partner: UNT Libraries Government Documents Department
Governmental Drug Testing Programs: Legal and Constitutional Developments

Governmental Drug Testing Programs: Legal and Constitutional Developments

Date: August 19, 2008
Creator: Carpenter, David H.
Description: This report examines the current state of constitutional law on the subject of governmentally mandated drug testing in employment and of students in the public schools, which is followed by a brief review of federal drug-free workplace programs presently in effect.
Contributing Partner: UNT Libraries Government Documents Department
Financial Regulatory Reform: Analysis of the Consumer Financial Protection Agency (CFPA) as Proposed by the Obama Administration and H.R. 3126

Financial Regulatory Reform: Analysis of the Consumer Financial Protection Agency (CFPA) as Proposed by the Obama Administration and H.R. 3126

Date: July 17, 2009
Creator: Carpenter, David H. & Jickling, Mark
Description: This report provides a brief summary of the President's Consumer Financial Protection Agency Act of 2009 (the CPFA Act or the Act) and delineates some of the substantive differences between it and H.R. 3126, as introduced. It then analyzes some of the policy implications of the proposal, focusing on the separation of safety and soundness regulation from consumer protection, financial innovation, and the scope of regulation. The report then raises some questions regarding state law preemption, sources of funding, and rule-making procedures that the Act does not fully answer.
Contributing Partner: UNT Libraries Government Documents Department
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