63 Matching Results

Search Results

prev Results: 11 - 34 next
open access

Governmental Drug Testing Programs: Legal and Constitutional Developments

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.
Date: August 19, 2008
Creator: Carpenter, David H.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Treasury Proposes Rule that Could Deliver a 'Death Sentence" to Chinese Bank

Description: This report discusses the Treasury Department's Financial Crimes Enforcement Network (FinCEN) proposal to invoke the "Fifth Special Measure" on the Chinese Bank of Dandong for its alleged role in funding and and processing transactions for North Korea's weapons programs.
Date: October 30, 2017
Creator: Carpenter, David H.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Constitutional Issues Relating to Proposals for Legislation to Impose an Interest Rate Freeze/Reduction on Existing Mortgages

Description: This report presents an overview of Congress's authority to pass laws pertaining to mortgages, and reviews the Contract Clause, Takings Clause, and Substantive Due Process jurisprudence. However, the umber of likely successful claims and the overall potential liability of the federal government for those claims (and the litigation costs of unsuccessful claims) are not possible to assess, at least within the scope of this report.
Date: February 15, 2008
Creator: Carpenter, David H.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

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

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."
Date: January 19, 2012
Creator: Carpenter, David H.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

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

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… more
Date: December 4, 2014
Creator: Carpenter, David H.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

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

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… more
Date: July 21, 2010
Creator: Carpenter, David H.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

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

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 f… more
Date: June 30, 2010
Creator: Carpenter, David H.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Insolvency of Systemically Significant Financial Companies: Bankruptcy vs. Conservatorship/Receivership

Description: This report first discusses the purposes behind the creation of a separate insolvency regime for depository institutions. The report then compares and contrasts the characteristics of depository institutions with systemically significant financial companies (SSFCs). Next, the report provides a brief analysis of some important differences between the FDIC's conservatorship/receivership authority and that of the Bankruptcy Code.
Date: April 20, 2009
Creator: Carpenter, David H.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

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

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, s… more
Date: July 17, 2009
Creator: Carpenter, David H. & Jickling, Mark
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Government Contract Bid Protests: Analysis of Legal Processes and Recent Developments

Description: This report briefly analyzes the varying legal procedures applicable to bid protests under each forum. First, it provides an overview of bid protests generally and then analyzes the legal distinctions among these forums. Finally, the report discusses recent legislative developments affecting bid protest procedures and potential considerations for Congress.
Date: September 26, 2018
Creator: Carpenter, David H. & Schwartz, Moshe
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Government Contract Bid Protests In Brief: Analysis of Legal Processes and Recent Developments

Description: This report briefly analyzes the varying legal procedures applicable to bid protests under each forum, which may be relevant to Congress as it assesses potential reforms to the bid protest process. First, the report provides an overview of bid protests generally and the legal procedures applicable to bid protests made in each forum. Next, the report analyzes the legal distinctions among these forums. Finally, the report discusses recent legislative developments affecting bid protest procedures … more
Date: January 19, 2018
Creator: Carpenter, David H. & Schwartz, Moshe
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

The Recess Appointment Power After Noel Canning v. NLRB: Constitutional Implications

Description: This report begins with a general legal overview of the Recess Appointments Clause and a discussion of applicable case law that existed prior to the D.C. Circuit's decision in Noel Canning. The report then analyzes the Noel Canning opinion and evaluates the impact the case could have on the roles of the President and Congress in the appointments context.
Date: March 27, 2013
Creator: Garvey, Todd & Carpenter, David H.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

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

Description: This report provides a brief summary of the Obama Administration's Consumer Financial Protection Agency Act of 2009 (CFPA) and delineates some of the substantive differences between it and H.R. 3126, as ordered to be reported by the House Financial Services Committee, as well as the version that was ordered to be reported by the House Energy and Commerce Committee.
Date: November 9, 2009
Creator: Carpenter, David H. & Jickling, Mark
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Financial Regulatory Reform: Consumer Financial Protection Proposals

Description: This report provides a brief summary of the Consumer Financial Protection Agency Act of 2009 (the CFPA Act or the Act) and delineates some of the substantive differences between it and H.R. 4173, Title IV, as it passed the House, and S. 3217, Title X, as it passed the Senate. 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 r… more
Date: May 26, 2010
Creator: Carpenter, David H. & Jickling, Mark
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

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

Description: This report provides a brief summary of the President's Consumer Financial Protection Agency Act of 2009 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.
Date: September 9, 2009
Creator: Carpenter, David H. & Jickling, Mark
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

The Volcker Rule: A Legal Analysis

Description: This report provides an introduction to the Volcker Rule, which is the regulatory regime imposed upon banking institutions and their affiliates under Section 619 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (P.L. 111-203).
Date: March 27, 2014
Creator: Carpenter, David H. & Murphy, M. Maureen
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Federal Procurement Law and Natural Disasters

Description: This report discusses the federal procurement laws regarding federal agencies hiring contractors for disaster recovery work and the encouragement to use local contractors for the work to help the local economy recover.
Date: December 14, 2017
Creator: Carpenter, David H. & Lunder, Ericka K.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Selected Legal Tools for Maintaining Government Contractor Accountability

Description: This report analyzes a selection of the legal tools a procuring agency may use to hold contractors accountable. It assesses contractual remedies that procuring agencies could utilize, discusses performance-related contract source selection criteria, and describes other legal tools--outside of contract law and the contract selection processes--that the government may employ to hold a contractor accountable.
Date: September 26, 2018
Creator: Carpenter, David H. & Ruane, Kathleen Ann
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Permissible Securities Activities of Commercial Banks Under the Glass-Steagall Act (GSA) and the Gramm-Leach-Bliley Act (GLBA)

Description: This report explains the extent to which commercial banks, their subsidiaries, and affiliates were able to engage in securities activities, including securities underwriting, dealing, and brokerage, under the authorities of the Glass-Steagall Act (GSA) and other pre-GLBA (Gramm-Leach-Bliley Act) banking laws, most notably the Bank Holding Company Act of 1956 (BHCA; 70 Stat. 133). It also discusses how the volume and scope of these securities activities expanded over time, and how the GLBA chan… more
Date: April 12, 2010
Creator: Carpenter, David H. & Murphy, M. Maureen
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Financial Institution Insolvency: Federal Authority over Fannie Mae, Freddie Mac, and Depository Institutions

Description: This report provides an overview of the U.S. credit crunch and its effect on Fannie, Freddie, Banks, and Thrifts. The report discusses the Federal Deposit Insurance Corporation (FDIC) and insolvent banks and thrifts.
Date: September 10, 2008
Creator: Carpenter, David H. & Murphy, M. M.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Marijuana: Medical and Retail-- Selected Legal Issues

Description: This report discusses the federal Controlled Substances Act (CSA) as it pertains to marijuana. The CSA outlaws the possession, cultivation, and distribution of marijuana except for authorized research. More than 20 states have regulatory schemes that allow possession, cultivation, and distribution of marijuana for medicinal purposes. The U.S. Constitution's Supremacy Clause preempts any state law that conflicts with federal law.
Date: April 8, 2015
Creator: Garvey, Todd; Doyle, Charles & Carpenter, David H.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
Back to Top of Screen