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open access

The Google Library Project: Is Digitization for Purposes of Online Indexing Fair Use Under Copyright Law?

Description: The Google Book Search Library Project, announced in December 2004, raised important questions about infringing reproduction and fair use under copyright law. Google planned to digitize, index, and display "snippets" of print books in the collections of five major libraries without the permission of the books' copyright holders, if any. Google's proposed reproduction and display of copyrighted books was not authorized by the rights holders, who alleged that the Google Library Project infringed … more
Date: July 6, 2009
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department
open access

Contract “Bundling” Under the Small Business Act: Existing Law and Proposed Amendments

Description: This report discusses regulations from Congress on bundling, which refers to the consolidation of two or more requirements for goods or services previously provided or performed under separate smaller contracts into a solicitation for a single contract that is likely to be unsuitable for award to a small business because of its size or scope. It particularly looks at the Small Business Act and new legislation by the 112th Congress to expand the definition of bundling, strengthen the authority o… more
Date: June 11, 2012
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department
open access

Government Contracts: Basic Legal Principles

Description: Report covering legal aspects of government contracts, including procurement contracts, non-procurement contracts, concession contracts, public/private partnerships, intergovernmental agreements, and other arrangements.
Date: February 23, 2015
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department
open access

Unlawfully Present Aliens, Driver’s Licenses, and Other State-Issued ID: Select Legal Issues

Description: This report provides an overview of key legal issues raised by state laws regarding the denial or issuance of driver's licenses and other forms of ID to unlawfully present aliens. It also addresses the legal issues raised by local governments issuing ID cards to unlawfully present aliens, as well as by state and local approaches to recognizing foreign-issued ID documents.
Date: September 3, 2014
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department
open access

The Buy American Act--Preferences for "Domestic" Supplies: In Brief

Description: This report discusses the Buy American Act of 1933, which is the earliest and arguably the best known of various statutes regarding federal procurement of domestic products. The act attempts to protect U.S. businesses and labor by restricting the acquisition and use of end products or construction materials that are not "domestic."
Date: April 26, 2016
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department
open access

Aliens' Right to Counsel in Removal Proceedings: In Brief

Description: This report provides an overview of the various legal authorities governing aliens' right to counsel--as that term is broadly understood--in removal proceedings. It does not address aliens' right to counsel in criminal proceedings, the outcomes of which could potentially affect their ability to remain in the United States under immigration law.
Date: March 17, 2016
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department
open access

State Challenges to Federal Enforcement of Immigration Law: From the Mid-1990s to the Present

Description: This report provides an overview of challenges by states to federal officials' alleged failure to enforce provisions of immigration law. It begins by discussing (1) the lawsuits filed by six states in the mid-1990s; (2) Arizona's counterclaims to the federal government's suit to enjoin enforcement of S.B. 1070; and (3) Mississippi's challenge to the Deferred Action for Childhood Arrivals (DACA) initiative. It then describes the challenge brought by over 25 states or state officials in December … more
Date: August 1, 2016
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department
open access

Definitions of "Inherently Governmental Function" in Federal Procurement Law and Guidance

Description: This report surveys the definitions of inherently governmental function given in Policy Letter 11- 01, the FAIR Act, and other sources. It also notes specific functions that have been designated as inherently governmental or commercial by statute, regulation, policy, or Government Accountability Office (GAO) or judicial decision. Its primary focus is upon government-wide statutes, regulations, and policy documents, not agency-specific ones.
Date: December 23, 2014
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department
open access

Evaluating the "Past Performance" of Federal Contractors: Legal Requirements and Issues

Description: This report provides an overview of existing legal requirements pertaining to past performance, including the issues raised by federal contractors' attempts to challenge agency evaluations of their past performance, source selection decisions based, in part, on consideration of past performance information, and responsibility determinations. It also surveys recently enacted and proposed legislation and executive branch initiatives related to evaluations of past performance.
Date: February 5, 2015
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department
open access

The Google Library Project: Is Digitization for Purposes of Online Indexing Fair Use Under Copyright Law?

Description: In December 2004, Google announced its Library Project, which was to entail digitizing, indexing, and displaying "snippets" of print books in the collections of five major libraries, among other things. The Library Project was not limited to books in the public domain (e.g., books whose terms of copyright protection had expired), and Google did not seek the permission of copyright holders, in part, because it asserted that its proposed uses were fair uses. Many authors, publishers, and other ri… more
Date: May 5, 2010
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department
open access

The Google Library Project: Is Digitization for Purposes of Online Indexing Fair Use Under Copyright Law?

Description: In December 2004, Google announced its Library Project, which was to entail digitizing, indexing, and displaying "snippets" of print books in the collections of five major libraries, among other things. The Library Project was not limited to books in the public domain (e.g., books whose terms of copyright protection had expired), and Google did not seek the permission of copyright holders, in part, because it asserted that its proposed uses were fair uses. Many authors, publishers, and other ri… more
Date: November 27, 2009
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department
open access

The Jurisprudence of Justice John Paul Stevens: The Constitutionality of Congressional Term Limits and the Presidential Line Item Veto

Description: While the Supreme Court seems unlikely to address the constitutionality of term limits or the line-item veto in the future, Justice Stevens's conclusion that the absence of constitutional provisions expressly authorizing the exercise of certain powers constitutes a denial of these powers seems likely to influence the Court in the future, particularly in cases involving what Justice Kennedy and others have characterized as "horizontal" or "vertical" separation of powers.
Date: May 18, 2010
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department
open access

Competition in Federal Contracting: An Overview of the Legal Requirements

Description: This report describes the legal requirements pertaining to competition that presently apply to federal procurement contracts. Among other things, it discusses what contracts are subject to competition requirements; what constitutes full and open competition for government contracts; and what is meant by "full and open competition after exclusion of sources."
Date: January 21, 2010
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department
open access

State Challenges to Federal Enforcement of Immigration Law: Historical Precedents and Pending Litigation

Description: This report provides an overview of prior and pending challenges by states to federal officials' alleged failure to enforce the Immigration and Nationality Act (INA) or other provisions of immigration law. It begins by discussing the lawsuits filed by six states in the mid-1990s; Arizona's counterclaims to the federal government's suit to enjoin enforcement of S.B. 1070; and Mississippi's challenge to the Deferred Action for Childhood Arrivals (DACA) initiative. It then describes the challenge … more
Date: December 31, 2014
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department
open access

Contract Types: Legal Overview

Description: This report provides an overview of the various contract types (e.g., fixed-price, cost-reimbursement) used in federal procurement and the legal requirements and issues pertaining to each. The types of contracts used by federal agencies have long been of interest to Congress and the executive branch, as they have sought to ensure that the most appropriate type of contract is used to acquire particular supplies or services.
Date: December 29, 2014
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department
open access

Immigration Detainers: Legal Issues

Description: "This report surveys the various authorities governing immigration detainers, including the standard detainer form (Form I-247) sent by U.S. Immigration and Customs Enforcement (ICE) to other law enforcement agencies. The report also discusses key legal issues raised by immigration detainers, including whether Department of Homeland Security's (DHS's) detainer regulations and practices are beyond its statutory authority; whether states and localities are required to comply with immigration deta… more
Date: October 6, 2014
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department
open access

Asylum and Gang Violence: Legal Overview

Description: This report discusses the basis for asylum in International and U.S. Law. The recent increase in the number of unaccompanied alien children (UACs) apprehended at the border between Mexico and the United States has raised questions about the role that gang-related violence in Central America may play in determining whether such children are eligible for refugee status and asylum.
Date: September 5, 2014
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department
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