Congressional Research Service Reports - 249 Matching Results

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Abortion, Justice Kennedy, and Judge Kavanaugh

Description: This report addresses the questions that have arisen about the future of the Supreme Court's abortion jurisprudence, after the recent retirement of Justice Kennedy, the last remaining justice from the Casey plurality. The report first reviews the undue burden standard set from the Casey decision and discusses Justice Kennedy's views on the standard in the case law that has developed since Casey. Then, in light of President Trump's July 9, 2018 nomination of Judge Brett Kavanaugh to replace Justice Kennedy, it examines Judge Kavanaugh's only substantive abortion opinion: a dissent in the 2017 case from the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit), Garza v. Hargan. Finally, as lower courts continue to apply the undue burden standard to new abortion regulations, the report concludes by noting some of the abortion cases that the Supreme Court could possibly review in the near future.
Date: August 8, 2018
Creator: Shimabukuro, Jon O.
Partner: UNT Libraries Government Documents Department

Addressing Sexual Harassment by Modifying the Congressional Accountability Act of 1995: A Look at Key Provisions in H.R. 4822.

Description: This report discusses the Congressional Accountability Act of 1995 (CAA) and proposed reforms to how it handles harassment claims through the bill H.R. 4822. The report highlights and considers some of the major differences between the current process provided under the CAA and the process that would exist if H.R. 4822 were enacted, as well as other changes proposed by the bill that could affect both legislative branch employees and Members of Congress.
Date: January 29, 2018
Creator: Back, Christine J. & Freeman, Wilson C.
Partner: UNT Libraries Government Documents Department

Advising the President: Rules Governing Access and Accountability of Presidential Advisors

Description: This Sidebar examines three categories of Presidential advisors and the related ethics requirements and limitations that apply to their respective roles: employees who serve full-time, regular appointments; outside advisors who are formally appointed to temporary roles; and informal, personal advisors with whom the President consults.
Date: August 6, 2018
Creator: Brown, Cynthia
Partner: UNT Libraries Government Documents Department

Affordable Care Act Executive Order: Legal Considerations

Description: This report discusses President Trump's executive order (EO) regarding the Affordable Care Act (ACA) and answers questions regarding the authority and discretion agencies currently have to implement the ACA, and the procedures that may be required in the exercise of those authorities. Also addressed are ways the policy enunciated in the EO may translate into action by the Trump Administration in the context of pending lawsuits challenging the ACA.
Date: January 24, 2017
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department

Alien Registration Requirements: Obama Administration Removes Certain Regulations, but Underlying Statutory Authority Remains

Description: This report briefly surveys the legal authorities that underlay the implementation of the National Security Entry-Exit Registration System (NSEERS), as well as the authorities that remain available to the Executive notwithstanding the recent rule change by President Obama on December 23, 2016 which removed the regulations for the system.
Date: January 5, 2017
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department

Amateur Strip-Club Arrests: Probable Cause and Qualified Immunity

Description: This report discusses the Supreme Court case "District of Columbia v. Wesby" which addressed the question of what constituted probable cause for arrest and police officers qualified immunity from personal lawsuits against them for actions during the course of their duties.
Date: January 24, 2018
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department

The Application of the "One Central Reason: Standard in Asylum and Withholding of Removal Cases

Description: This report discusses asylum and withholding of removal immigration cases, and the application of the "one central reason" rule which dictates that asylum claimants demonstrate that an approved persecution grounds is one of the central reason they are claiming asylum. The same standard has been used in withholding of removal claim cases but a recent ruling by the U.S. Ninth Circuit Court stated that the "one central reason" rule does not apply to withholding of removal cases creating a split in opinion among courts.
Date: December 18, 2017
Creator: Smith, Hillel R.
Partner: UNT Libraries Government Documents Department

ATF's Ability to Regulate "Bump Stocks"

Description: This report discusses whether ATF has the right to regulate "bump stocks" for rifles which allow rifles to mimic the actions of an automatic weapon and recent proposed regulatory action by ATF.
Date: March 22, 2018
Creator: Peck, Sarah Herman
Partner: UNT Libraries Government Documents Department

Attorney General's Memorandum on Federal Marijuana Enforcement: Possible Impacts

Description: This report discusses Attorney General Jeff Sessions' memorandum on federal marijuana enforcement policy sent to all U.S. Attorneys that immediately rescinds guidance documents specific to marijuana enforcement. It provides background on the memorandum, the relevant regulations, and implications of withdrawing previous guidance.
Date: January 10, 2018
Creator: Garvey, Todd & Yeh, Brian T.
Partner: UNT Libraries Government Documents Department

Bankruptcy for Marijuana Businesses?

Description: This legal sidebar discusses recent bankruptcy court cases that suggest that one such risk may be the ultimate unavailability to both debtors and creditors of the protections, benefits, and predictability of the U.S. Bankruptcy Code when state-regulated marijuana businesses fail.
Date: October 29, 2014
Partner: UNT Libraries Government Documents Department

Big Deal? U.S. Changes Stance on Cruelty Prohibition

Description: This legal sidebar outlines a change in the U.S. interpretation regarding aspects of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT); these comments were presented as part of the U.S. periodic report to the U.N. Committee Against Torture.
Date: December 16, 2014
Partner: UNT Libraries Government Documents Department

A Brief History of Attorney General Recusal

Description: This report lists the fifteen previous instances of U.S. Attorney General's recusing themselves from an investigation since 1989 after the announcement by U.S. Attorney General Jeff Sessions that he was recusing himself from and any investigations regarding President Donald Trump's presidential campaign.
Date: March 8, 2017
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department

Broadband Data Privacy and Security: What's Net Neutrality Got to Do With It?

Description: This report is the third in a series discussing the potential impact of the Federal Communications Commission's proposal to reclassify broadband Internet access services (BIAS). This report focuses on the proposal's possible effect on the regulation of BIAS providers' privacy practices.
Date: June 8, 2017
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department

Broadband Data Privacy and Security: What's Net Neutrality Got To Do With It?

Description: This report is the third in a series discussing the potential impact of the Federal Communication Commission's proposal to reclassify broadband internet access services (BIAS). This report focuses on the regulations of BIAS provider's privacy practices.
Date: June 8, 2017
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department

D.C. Circuit Court Upholds as Constitutional the Structure of the CFPB: Part 1

Description: This report discusses the decision of the D.C. Circuit Appeals Court which upheld the structural design of the Consumer Financial Protection Bureau (CFPB). This report begins with a brief summary of the Supreme Court's views of the President's removal power before addressing the PHH litigation and the en banc majority opinion. Part II of this series will address some of the separate opinions issued in the case and then highlight certain implications for Congress.
Date: February 12, 2018
Creator: Garvey, Todd & Cole, Jared P.
Partner: UNT Libraries Government Documents Department

D.C. Circuit Court Upholds as Constitutional the Structure of the CFPB: Part 2

Description: This report discusses the decision of the D.C. Circuit Appeals Court which upheld the structural design of the Consumer Financial Protection Bureau (CFPB). This report is Part II of a two part series and will address some of the separate opinions issued in the case and then highlight certain implications for Congress.
Date: February 12, 2018
Creator: Garvey, Todd & Cole, Jared P.
Partner: UNT Libraries Government Documents Department

Calling Balls and Strikes: Ethics and Supreme Court Justices

Description: This report examines questions related to the integrity and independence of the Supreme Court, and Congress's potential role in regulating the ethics of the Supreme Court Justices. For example: What mechanisms ensure the integrity of Justices as federal officials? Are Justices subject to any rules of ethical conduct? How might such ethics rules be enforced?
Date: August 20, 2018
Creator: Brown, Cynthia
Partner: UNT Libraries Government Documents Department

Can Aliens in Immigration Proceedings Be Detained Indefinitely?: High Court Rules on Statutory, but not Constitutional Authority

Description: This report discusses the Supreme Court's ruling in the case of "Jennings vs. Rodriguez" which dealt with whether immigrant aliens could be detained indefinitely. The court ruled that the aliens could be held indefinitely without a bond hearing under statutory law but left the constitutionality of the action open for future interpretation.
Date: April 3, 2018
Creator: Smith, Hillel R.
Partner: UNT Libraries Government Documents Department