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Limiting Court Jurisdiction Over Federal Constitutional Issues: “Court-Stripping”

Description: This report discusses various proposals that have been made to limit the jurisdiction of federal courts to hear cases regarding particular areas of constitutional law such as busing, abortion, prayer in school, and most recently, reciting the Pledge of Allegiance. Proposals of this type are often referred to as “court-stripping” legislation.
Date: December 11, 2003
Creator: Thomas, Kenneth R.
Partner: UNT Libraries Government Documents Department

“Good Samaritan” Tort Reform: Three House Bills

Description: This report discusses three 108th Congress tort reform bills: the Volunteer Pilot Organization Protection Act (H.R. 1084), the Good Samaritan Firefighter Assistance Act of 2003 (H.R. 1787), and the Nonprofit Athletic Organization Protection Act of 2003 (H.R. 3369).
Date: September 15, 2004
Creator: Cohen, Henry
Partner: UNT Libraries Government Documents Department

Administrative Subpoenas and National Security Letters in Criminal and Foreign Intelligence Investigations: Background and Proposed Adjustments

Description: Administrative subpoena authority, including closely related national security letter authority, is the power vested in various administrative agencies to compel testimony or the production of documents or both in aid of the agencies’ performance of their duties. During the 108th Congress, the President urged Congress to expand and re-enforce statutory authority to use administrative subpoenas and national security letters in criminal and foreign intelligence investigations; and legislation was introduced for that purpose. Related proposals have been offered during the 109th Congress, some of which deal with national security letter authority. Proponents of expanded use emphasize the effectiveness of administrative subpoenas as an investigative tool and question the logic of its availability in drug and health care fraud cases but not in terrorism cases. Critics suggest that it is little more than a constitutionally suspect “trophy” power, easily abused and of little legitimate use.
Date: April 15, 2005
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department

Administrative Subpoenas and National Security Letters in Criminal and Intelligence Investigations: A Sketch

Description: Administrative subpoena authority, including closely related national security letter authority, is the power vested in various administrative agencies to compel testimony or the production of documents or both in aid of the agencies’ performance of their duties. Both the President and Members of Congress have called for statutory adjustments relating to the use of administrative subpoenas and national security letters in criminal and foreign intelligence investigations. One lower federal court has found the sweeping gag orders and lack of judicial review that mark one of the national security letter practices constitutionally defective. Proponents of expanded use emphasize the effectiveness of administrative subpoenas as an investigative tool and question the logic of its availability in drug and health care fraud cases but not in terrorism cases. Critics suggest that it is little more than a constitutionally suspect “trophy” power, easily abused and of little legitimate use. This is an abridged version — without footnotes, appendices, quotation marks and most citations to authority — of Administrative Subpoenas and National Security Letters in Criminal and Foreign Intelligence Investigations: Background and Proposed Adjustments, CRS Report RL32880.
Date: April 15, 2005
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department

Administrative Subpoenas in Criminal Investigations: A Brief Legal Analysis

Description: Administrative subpoena authority is the power vested in various administrative agencies to compel testimony or the production of documents or both in aid of the agencies’ performance of their duties. As a constitutional matter, the Fourth Amendment only demands that administrative subpoenas be "reasonable." Although more extensive proposals were offered in the 108th Congress, the law enforcement related administrative subpoena proposals in the 109th Congress appear in S. 600, relating to the Secretary of State’s responsibilities to protect U.S. foreign missions and foreign dignitaries visiting this country; in H.R. 3726, relating to federal obscenity investigations; and in H.R. 4170, relating to the apprehension of fugitives charged with, or convicted of, federal or state felonies. This report is available abridged – without footnotes, appendices, and most of the citations to authority – as CRS Report RS22407, Administrative Subpoenas in Criminal Investigations: A Sketch, by Charles Doyle.
Date: March 17, 2006
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department

Administrative Subpoenas in Criminal Investigations: A Sketch

Description: Administrative subpoena authority is the power vested in various administrative agencies to compel testimony or the production of documents or both in aid of the agencies’ performance of their duties. Proposals in the 109th Congress for greater use of administrative subpoenas in a law enforcement context appear in S. 600, relating to the Secretary of State’s responsibilities to protect U.S. foreign missions and foreign dignitaries visiting this country; in H.R. 3726, relating to federal obscenity investigations; and in H.R. 4170, relating to the apprehension of fugitives charged with, or convicted of, federal or state felonies. This is an abridged version — without footnotes, appendices, quotation marks and most citations to authority — of CRS Report RL33321, Administrative Subpoenas in Criminal Investigations: Background and Proposed Adjustments, by Charles Doyle.
Date: March 17, 2006
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department

The Doctrine of Constitutional Avoidance: A Legal Overview

Description: This report discusses select issues regarding judicial review, and offers some contemporary views on the Ashwander Doctrine, under which the Supreme Court avoids ruling decisively in cases that it deems able to be resolved outside of the court, non-constitutionally (Constitutional Avoidance).
Date: September 2, 2014
Creator: Nolan, Andrew
Partner: UNT Libraries Government Documents Department

Monopoly and Monopolization - Fundamental But Separate Concepts in U.S. Antitrust Law

Description: This report illustrates the difference between the concepts of “monopoly” and “monopolization” by touching on the monopoly/monopolization thinking in the Antitrust Division of the Department of Justice (DoJ) and the Federal Trade Commission (FTC), as illustrated in (1) statements on merger enforcement made by recent antitrust enforcement officials (generally indicative of the agencies’ concerns about competitive conditions and the effect of various market transactions), (2) the 1992 Horizontal Merger Guidelines 2 and (3) some observations on the Government actions against the Microsoft and Intel Corporations.
Date: June 28, 1999
Creator: Rubin, Janice E
Partner: UNT Libraries Government Documents Department

Monopoly and Monopolization - Fundamental But Separate Concepts in U.S. Antitrust Law

Description: This report illustrates the difference between the concepts of “monopoly” and “monopolization” by touching on the monopoly/monopolization thinking in the Antitrust Division of the Department of Justice (DoJ) and the Federal Trade Commission (FTC), as illustrated in (1) statements on merger enforcement made by recent antitrust enforcement officials (generally indicative of the agencies’ concerns about competitive conditions and the effect of various market transactions), (2) the 1992 Horizontal Merger Guidelines 2 and (3) some observations on the Government actions against the Microsoft and Intel Corporations.
Date: August 20, 2001
Creator: Rubin, Janice E
Partner: UNT Libraries Government Documents Department

International Law and Agreements: Their Effect Upon U.S. Law

Description: This report provides an introduction to the roles that international law and agreements play in the United States. International law is derived from two primary sources--international agreements and customary practice. Under the U.S. legal system, international agreements can be entered into by means of a treaty or an executive agreement. The Constitution allocates primary responsibility for entering into such agreements to the executive branch, but Congress also plays an essential role.
Date: January 26, 2010
Creator: Garcia, Michael J.
Partner: UNT Libraries Government Documents Department