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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

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

Obstruction of Justice: An Abridged Overview of Related Federal Criminal Laws

Description: This report briefly discusses obstruction of justice, which is defined as the frustration of governmental purposes by violence, corruption, destruction of evidence, or deceit. This is an abridged version of CRS Report RL34304, Obstruction of Justice: An Overview of Some of the Federal Statutes That Prohibit Interference with Judicial, Executive, or Legislative Activities, by Charles Doyle, without the footnotes, quotations, or citations to authority found in the longer report.
Date: April 17, 2014
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department

Independent Counsels, Special Prosecutors, Special Counsels, and the Role of Congress

Description: Report that provides information on the procedure for the appointment of an "independent counsel," a "special prosecutor," or a "special counsel" to investigate and prosecute potential or possible violations of federal criminal law by officials in the executive branch of the federal government and in federal agencies.
Date: June 20, 2013
Creator: Maskell, Jack
Partner: UNT Libraries Government Documents Department

Congress's Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure

Description: This report examines the source of the contempt power, reviews the historical development of the early case law, outlines the statutory and common law basis for Congress's contempt power, and analyzes the procedures associated with inherent contempt, criminal contempt, and the civil enforcement of subpoenas. It also includes a detailed discussion of two recent information access disputes that led to the approval of contempt citations in the House against then-White House Chief of Staff Joshua Bolten and former White House Counsel Harriet Miers, as well as Attorney General Eric Holder. Finally, the report discusses both non-constitutional and constitutionally-based limitations on the contempt power.
Date: May 8, 2014
Creator: Garvey, Todd & Dolan, Alissa M.
Partner: UNT Libraries Government Documents Department

Congress's Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure

Description: This report examines the source of the contempt power, reviews the historical development of the early case law, outlines the statutory and common law basis for Congress's contempt power, and analyzes the procedures associated with inherent contempt, criminal contempt, and the civil enforcement of subpoenas. It also includes a detailed discussion of two recent information access disputes that led to the approval of contempt citations in the House against then-White House Chief of Staff Joshua Bolten and former White House Counsel Harriet Miers, as well as Attorney General Eric Holder. Finally, the report discusses both non-constitutional and constitutionally-based limitations on the contempt power.
Date: April 10, 2014
Creator: Garvey, Todd & Dolan, Alissa M.
Partner: UNT Libraries Government Documents Department

Congress's Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure

Description: This report examines the source of the contempt power, reviews the historical development of the early case law, outlines the statutory and common law basis for Congress's contempt power, and analyzes the procedures associated with inherent contempt, criminal contempt, and the civil enforcement of subpoenas. In addition, the report discusses both non-constitutional and constitutionally based limitations on the power. Finally, the report includes a discussion of the significance of the House Judiciary Committee dispute with the White House over the dismissal of several U.S. Attorneys that resulted in votes for criminal contempt of Congress and the United States District Court opinion in Committee on the Judiciary v. Miers.
Date: May 8, 2012
Creator: Garvey, Todd & Dolan, Alissa M.
Partner: UNT Libraries Government Documents Department

Congress's Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure

Description: This report examines the source of the contempt power, reviews the historical development of the early case law, outlines the statutory and common law basis for Congress's contempt power, and analyzes the procedures associated with inherent contempt, criminal contempt, and the civil enforcement of subpoenas. The report also includes a detailed discussion of two recent information-access disputes that led to the approval of contempt citations in the House against then-White House Chief of Staff Joshua Bolten and former White House Counsel Harriet Miers, as well as Attorney General Eric Holder. Finally, the report discusses both non-constitutional and constitutionally-based limitations on the contempt power.
Date: August 17, 2012
Creator: Garvey, Todd
Partner: UNT Libraries Government Documents Department

Responsibility Determinations Under the Federal Acquisition Regulation: Legal Standards and Procedures

Description: This report discusses the standards and procedures that federal agencies use in making responsibility determinations under the Federal Acquisition Regulation (FAR). As a general rule, government agencies contract with the lowest qualified responsible bidder or offeror. Responsibility is an attribute of the contractor, while price and qualifications are attributes of the bid or offer. Under the FAR, "[n]o purchase or award shall be made unless the contracting officer makes an affirmative determination of responsibility."
Date: August 18, 2010
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department

A Primer on the Reviewability of Agency Delay and Enforcement Discretion

Description: This report discusses the general legal principles applied in determining whether administrative delays are reviewable in court in these two different contexts and then address whether the procedures outlined in the Administrative Procedure Act (APA) are applicable to these delays.
Date: September 4, 2014
Creator: Shedd, Daniel T. & Garvey, Todd
Partner: UNT Libraries Government Documents Department

Offices of Inspectors General and Law Enforcement Authority: In Brief

Description: This report identifies the laws and regulations that vest certain offices of inspector general (OIGs) with law enforcement authority, which permits the use of guns and ammunition. This report also describes some of the requirements and expectations of OIGs that have law enforcement authority, and includes some reasons that OIGs have expressed a need for law enforcement authority.
Date: September 8, 2014
Creator: Ginsberg, Wendy
Partner: UNT Libraries Government Documents Department

Energy and Water Development: FY2010 Appropriations

Description: This report discusses the Energy and Water Development appropriations bill that provides funding for civil works projects of the Army Corps of Engineers (Corps), for the Department of the Interior's Bureau of Reclamation (Reclamation), the Department of Energy (DOE), and several independent agencies.
Date: August 26, 2009
Creator: Behrens, Carl E.
Partner: UNT Libraries Government Documents Department

Energy and Water Development: FY2010 Appropriations

Description: This report discusses the Energy and Water Development appropriations bill that provides funding for civil works projects of the Army Corps of Engineers (Corps), for the Department of the Interior's Bureau of Reclamation (Reclamation), the Department of Energy (DOE), and several independent agencies.
Date: January 5, 2010
Creator: Behrens, Carl E.
Partner: UNT Libraries Government Documents Department