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The Endangered Species Act: Consideration of Economic Factors

Description: The Endangered Species Act (ESA) provides for the listing and protection of species that are found to be “endangered” or “threatened” – species that might become extinct. The listing of a species as endangered triggers the prohibitions in the Act against “taking” (killing or harming) individuals of the protected species, unless a permit is obtained to take individuals incidental to an otherwise lawful proposed action, or an exemption for the proposed action is obtained. Unauthorized taking of a listed species can result in civil or criminal penalties. These prohibitions and potential penalties can affect various activities, including development and use of land, with attendant economic impacts.
Date: January 5, 2001
Creator: Baldwin, Pamela
Partner: UNT Libraries Government Documents Department

The Endangered Species Act: Consideration of Economic Factors

Description: The Endangered Species Act (ESA) provides for the listing and protection of species that are found to be “endangered” or “threatened” – species that might become extinct. The listing of a species as endangered triggers the prohibitions in the Act against “taking” (killing or harming) individuals of the protected species, unless a permit is obtained to take individuals incidental to an otherwise lawful proposed action, or an exemption for the proposed action is obtained. Unauthorized taking of a listed species can result in civil or criminal penalties. These prohibitions and potential penalties can affect various activities, including development and use of land, with attendant economic impacts.
Date: April 15, 2003
Creator: Baldwin, Pamela
Partner: UNT Libraries Government Documents Department

Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

Description: There have been inconsistent opinions in the District Court for the District of Columbia as to whether detainees who are suspected of connections to terrorist actions have any enforceable rights to challenge their treatment and detention. This report describes issues surrounding the writ of habeas corpus as it relates to detaining and imprisonment in matters of counterterrorism. This report also includes several legal cases and pieces of legislation in regards to this issue.
Date: September 26, 2006
Creator: Elsea, Jennifer K. & Thomas, Kenneth
Partner: UNT Libraries Government Documents Department

Excited Utterances, "Testimonial" Statements, and the Confrontation Clause

Description: The United States Supreme Court will hear oral argument this term in appeals from two state supreme court cases, Hammon v. Indiana and Davis v. Washington, concerning the admissibility of “excited utterance” statements made by non-testifying witnesses at criminal trials. In the landmark Crawford v. Washington case in 2004, the Court held that the Sixth Amendment’s Confrontation Clause forbids hearsay “testimonial” evidence from being introduced against the accused unless the witness is unavailable to testify and the defendant has had a prior opportunity to crossexamine the witness. However, the Crawford Court declined to provide a comprehensive definition of “testimonial,” leaving such task “for another day.”
Date: December 14, 2005
Creator: Yeh, Brian T
Partner: UNT Libraries Government Documents Department

Exporting Software and the Extraterritorial Reach of U.S. Patent Law: Microsoft Corp. v. AT&T Corp.

Description: Generally speaking, United States patent law does not have extraterritorial effect. The exception, however, is § 271(f) of the Patent Act, which makes it an act of patent infringement to manufacture within the United States the components of a patented invention and then export those disassembled parts for combination abroad into an end product. This report discusses Microsoft Corp. v. AT&T Corp. (550 U.S. ___ , No. 05-1056, decided April 30, 2007), in which the U.S. Supreme Court held that software companies are not liable for patent infringement under § 271(f) when they export software that has been embodied in machine-readable, physical form (a CD-ROM, for example), with the intent that such software be copied abroad for installation onto foreign-manufactured computers.
Date: May 31, 2007
Creator: Yeh, Brian T.
Partner: UNT Libraries Government Documents Department

Guantanamo Detainees: Habeas Corpus Challenges in Federal Court

Description: This report provides an overview of the Combatant Status Review Tribunal procedures, summarizes court cases related to the detentions and the use of military commissions, and summarizes the Graham Amendment and analyzes how it might affect detainee-related litigation in federal court.
Date: December 7, 2005
Creator: Elsea, Jennifer K. & Thomas, Kenneth
Partner: UNT Libraries Government Documents Department

"Property Rights" Bills Take a Process Approach: H.R. 992 and H.R. 1534

Description: In the 105th Congress, the property rights agenda has shifted from "compensation" to "process" bills. While the former would ease the standards for when property owners harmed by government action are compensated, the new approach simply streamlines how federal courts handle such claims. This report examines the three leading process bills -- H.R. 992, House-passed H.R. 1534, and Senate-reported H.R. 1534. The bills embody two process approaches: allowing property owners suing the United States to bring invalidation and compensation claims in the same court, and lowering abstention and ripeness barriers when suing local governments in federal court for property rights violations.
Date: June 24, 1998
Creator: Meltz, Robert
Partner: UNT Libraries Government Documents Department

Cuba Sanctions: Legislative Restrictions Limiting the Normalization of Relations

Description: This report provides background information on the Trade Promotion Authority (TPA), and discusses U.S. trade negotiating objectives, procedures for congressional-executive notification and consultation, and expedited legislative procedures.
Date: February 3, 2017
Creator: Rennack, Dianne E. & Sullivan, Mark P.
Partner: UNT Libraries Government Documents Department

Data Security: Federal Legislative Approaches

Description: This report discusses the core areas addressed in federal legislation, including the scope of coverage (who is covered and what information is covered); data privacy and security safeguards for sensitive personal information; requirements for security breach notification (when, how, triggers, frequency, and exceptions); restrictions on social security numbers (collection, use, and sale); credit freezes on consumer reports; identity theft penalties; causes of action; and preemption.
Date: June 6, 2008
Creator: Stevens, Gina Marie
Partner: UNT Libraries Government Documents Department

Litigation Seeking to Establish Climate Change Impacts as a Common Law Nuisance

Description: This report discusses recent legislative initiatives seeking to establish climate change impacts as a common law nuisance. The report explains what private and public nuisances are, the issues faced by policymakers when litigating a climate-change/nuisance suit, and also discusses five climate-chance/nuisance suits that are now or formerly active, as a basis of comparison. The report also explores arguments of those both for and against addressing the complex issue of climate change through common law suits.
Date: November 19, 2010
Creator: Meltz, Robert
Partner: UNT Libraries Government Documents Department

International Criminal Court Cases in Africa: Status and Policy Issues

Description: The International Criminal Court (ICC) has, to date, opened cases exclusively in Africa. Cases concerning 25 individuals are open before the Court, pertaining to crimes allegedly committed in six African states: Libya, Kenya, Sudan (Darfur), Uganda (the Lord's Resistance Army, LRA), the Democratic Republic of Congo, and the Central African Republic. This report provides background on current ICC cases and examines issues raised by the ICC's actions in Africa.
Date: July 22, 2011
Creator: Arieff, Alexis; Margesson, Rhoda; Browne, Marjorie Ann & Weed, Matthew C.
Partner: UNT Libraries Government Documents Department

International Criminal Court Cases in Africa: Status and Policy Issues

Description: The International Criminal Court (ICC) has, to date, opened cases exclusively in Sub-Saharan Africa. The Statute of the ICC, also known as the Rome Statute, entered into force on July 1, 2002, and established a permanent, independent Court to investigate and bring to justice individuals who commit war crimes, crimes against humanity, and genocide. As of October 2010, 114 countries-including 31 African countries, the largest regional block-were parties to the Statute. The United States is not a party. This report provides background on current ICC cases and examines issues raised by the ICC's actions in Africa.
Date: March 7, 2011
Creator: Arieff, Alexis; Margesson, Rhoda; Browne, Marjorie Ann & Weed, Matthew C.
Partner: UNT Libraries Government Documents Department

The Individuals with Disabilities Education Act: Schaffer v. Weast

Description: This report discusses the Individuals with Disabilities Education Act (IDEA), which is the main federal program concerning the education of children with disabilities. It authorizes state and local aid for special education and related services for children with disabilities and contains detailed due process protections for children with disabilities and their parents. On December 3, 2004, President Bush signed “The Individuals with Disabilities Education Act Improvement Act” (P.L. 108-446), a major reauthorization and revision of IDEA. One issue which was not addressed in the reauthorization was whether the parents or the school bears the burden of proof in special education due process hearings. On November 14, 2005, the Supreme Court resolved a split in the circuits and held that the burden of proof in an administrative hearing challenging a child’s individualized education program is on the party seeking the relief.
Date: December 21, 2005
Creator: Jones, Nancy L.
Partner: UNT Libraries Government Documents Department