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The Federal Government's Plenary Immigration Power Collides with the Constitutional Right to an Abortion (Part 1)

Description: This report is the first in a two-part series discussing "Garza v. Hargan", a decision by the U.S. Court of Appeals for the D.C. Circuit involving a detained unaccompanied alien minor and the right to terminate a pregnancy. The facts of the case and a discussion of the court's decision and whether the Health and Human Services Department policy regarding abortions unduly burdens a woman's right to an abortion is discussed.
Date: November 27, 2017
Creator: Smith, Hillel R. & Shimabukuro, Jon O.
Partner: UNT Libraries Government Documents Department

The Federal Government's Plenary Immigration Power Collides with the Constitutional Right to an Abortion (Part 2)

Description: This report is the secondt in a two-part series discussing "Garza v. Hargan", a decision by the U.S. Court of Appeals for the D.C. Circuit involving a detained unaccompanied alien minor and the right to terminate a pregnancy. Debate among judges regarding the right of an unaccompanied alien minor to have an abortion when the minor was detained at the border and technically never formally entered the United States are discussed.
Date: November 27, 2017
Creator: Smith, Hillel R. & Shimabukuro, Jon O.
Partner: UNT Libraries Government Documents Department

FDA Human Medical Product User Fee Programs: In Brief

Description: This report discusses FDA human medical product user fees for prescription drugs, medical devices, generic drugs, and biosimilars which are charged to companies producing the products and make up a large portion of the FDA's revenues. User fees are authorized in legislation on a five-year cycle, with authority for their actual collection and expenditure provided each year through the annual appropriations process. Appendix A outlines various features of the user fee programs.
Date: November 21, 2017
Creator: Dabrowska, Agata; Johnson, Judith A.; Sarata, Amanda K. & Thaul, Susan
Partner: UNT Libraries Government Documents Department

Post-Heller Second Amendment Jurisprudence

Description: This report examines the scope of the Second Amendment, as interpreted by the federal circuit courts of appeals, after the watershed Supreme Court decisions in "District of Columbia v. Heller" and "McDonald v. City of Chicago". After "Heller" and "McDonald", numerous challenges were brought on Second Amendment grounds to various federal, state, and local firearm laws and regulations. Because Heller neither purported to define the full scope of the Second Amendment, nor suggested a standard of review for evaluating Second Amendment claims, the lower federal courts have been tasked with doing so in the Second Amendment challenges brought before them. This report discusses in detail notable post-Heller Second Amendment cases decided by federal courts of appeals. Because "Heller" and "McDonald" provide the only recent Supreme Court guidance on the Second Amendment, the analyses in these cases may provide useful guideposts for Congress should it seek to enact further firearm regulations.
Date: November 21, 2017
Creator: Herman, Sarah S.
Partner: UNT Libraries Government Documents Department

Joint Employment and the Save Local Business Act

Description: This report discusses the proposed "Save Local Business Act" in the House and its provisions and implications for employers and employees in businesses where unions exist. The National Labor Relations Board (NLRB) broadening of the definition of what constituted a joint employer in the case of Browning-Ferris Industries of California led to resist by some in the business community and the "Save Local Business Act" seeks to restore the former more narrow definition of joint employers.
Date: November 15, 2017
Creator: Shimabukuro, Jon O.
Partner: UNT Libraries Government Documents Department

In Any Way, Shape, or Form? What Qualifies as "Any Court" Under the Gun Control Act?

Description: This report discusses the requirements under the Gun Control Act of 1968 that prohibit persons convicted of felony crimes and misdemeanor domestic violence from buying or possessing firearms and what courts are covered under the phrase "any court' in the legislation.
Date: November 14, 2017
Creator: Peck, Sarah Herman
Partner: UNT Libraries Government Documents Department

The Latest Chapter in Insider Trading Law: Major Circuit Decision Expands Scope of Liability for Trading on a "Tip"

Description: This report discusses a recent court decision regarding insider trading laws and the liability of someone who acts on a tip that consists of inside information that they should have known was obtained or shared illegally. Background on the case, relevant case law, and implications of the decision are discussed.
Date: November 14, 2017
Creator: Vanatko, Nicole
Partner: UNT Libraries Government Documents Department

A Primer on U.S. Immigration Policy

Description: This report provides a broad overview of U.S. immigration policy. The first section addresses policies governing how foreign nationals enter the United States either to reside permanently or to stay temporarily. Related topics within this section include visa issuance and security, forms of quasi-legal status, and naturalization. The second section discusses enforcement policies both for excluding foreign nationals from admission into the United States, as well as for detaining and removing those who enter the country unlawfully or who enter lawfully but subsequently commit crimes that make them deportable. The section also covers worksite enforcement and immigration fraud. The third section addresses policies for unauthorized aliens residing in the United States.
Date: November 14, 2017
Creator: Kandel, William A.
Partner: UNT Libraries Government Documents Department

EPA Proposes to Repeal the Clean Power Plan

Description: This report discuses the EPA proposal in October 2017 to repeal the "Clean Power Plan" due to their determination after review of the rule that it exceeded their statutory authority to implement it. Steps in the process of repealing the rule, the outcome of the current court case regarding the rule, and possible replacement rules regarding Carbon dioxide emissions and power plants.
Date: November 13, 2017
Creator: Tsang, Linda
Partner: UNT Libraries Government Documents Department

Two-Sided Credit Card Markets: The Supreme Court Takes Up Novel Antitrust Issue

Description: This report discusses the case of "Ohio v. American Express" which the Supreme Court has accepted for hearing which poses the question of how federal antitrust law should treat two-sided markets which are platforms in which two distinct user groups operate in an interdependent way. The case challenges anti-steering clauses in American Express contract agreements with merchants that prevent the merchants from promoting the use of other credit cards. The case has the potential to change the way vendors accept card payments across the country--but the case also provides the Supreme Court with the opportunity to guide the lower courts that are increasingly confronting antitrust issues concerning two-sided markets. As a result, the American Express case raises several issues for Congress that could implicate its legislative and oversight roles with respect to the financial services industry and, more generally, the regulation of two-sided markets.
Date: November 13, 2017
Creator: Smith, Austin D.
Partner: UNT Libraries Government Documents Department

Changes in the Arctic: Background and Issues for Congress

Description: This report provides an overview of Arctic-related issues for Congress, and refers readers to more in-depth CRS reports on specific Arctic-related issues. Some general issues include Arctic territorial disputes; commercial shipping through the Arctic; Arctic oil, gas, and mineral exploration; endangered Arctic species; and increased military operations in the Arctic, which could cause the region in coming years to become an arena of international cooperation or competition. 2018 fiscal year funding requests are included.
Date: November 2, 2017
Creator: O'Rourke, Ronald
Partner: UNT Libraries Government Documents Department

A Second Amendment Right to Sell Firearms? The Ninth Circuit, Sitting En Banc, Weighs In

Description: This report discusses the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) decision in "Teixeira v. County of Alameda" which reversed the original court decision which held that Second Amendment rights applied to commercial firearm sellers. The course of the case and decision and implications of the ruling are also discussed.
Date: November 2, 2017
Creator: Peck, Sarah Herman
Partner: UNT Libraries Government Documents Department

Out of Office: Vacancies, Acting Officers, and Day 301

Description: This report discusses the provisions of the Vacancies Act and the upcoming expiration of the time limit for temporary staff to to perform the duties of advice and consent staff positions that are still unfilled. Legal effects of letting the Vacancies Act take effect are also discussed.
Date: November 1, 2017
Creator: Brannon, Valerie C.
Partner: UNT Libraries Government Documents Department

Treasury Proposes Rule that Could Deliver a 'Death Sentence" to Chinese Bank

Description: This report discusses the Treasury Department's Financial Crimes Enforcement Network (FinCEN) proposal to invoke the "Fifth Special Measure" on the Chinese Bank of Dandong for its alleged role in funding and and processing transactions for North Korea's weapons programs.
Date: October 30, 2017
Creator: Carpenter, David H.
Partner: UNT Libraries Government Documents Department

Department of Health and Human Services Halts Cost-Sharing Reduction (CSR) Payments

Description: This report discusses the the case "House of Representatives v. Hargan" which was a case by the Department of Health and Human Services (HHS) appealing the House's decision to end cost-sharing reduction (CSR) payments. Questions regarding the status of the case and possible legal and legislative methods of restoring CSR payments are addressed.
Date: October 26, 2017
Creator: Liu, Edward C. & Staman, Jennifer A.
Partner: UNT Libraries Government Documents Department

Doing Business with Iran: EU-Iran Trade and Investment Relations

Description: This report discusses the European Union's (EU's) resumption of business with Iran after the signing of the 2015 nuclear disarmament agreement which led to the lifting of nuclear related sanctions. It outlines rates of business and major investments in Iran by European companies and the effect possible U.S. re-imposition of sanctions against Iran may have on the market and U.S.-EU relations.
Date: October 25, 2017
Creator: Cimino-Isaacs, Cathleen D. & Katzman, Kenneth
Partner: UNT Libraries Government Documents Department

Overview of "Travel Ban" Litigation and Recent Developments

Description: This report provides an overview of the series of three executive actions -- (the first two taking the form of executive orders, and the third issued as a presidential proclamation) commonly referred to as the "Travel Ban," which restrict the entry of specified categories of non-U.S. nationals (aliens) into the United States -- as well as the litigation related to those executive actions.
Date: October 23, 2017
Creator: Smith, Hillel R. & Harrington, Ben
Partner: UNT Libraries Government Documents Department

Iran Policy and the European Union

Description: This report discusses the European Union's reaction to President Trump's announcement of a new strategy for Iran and that the U.S. would not re-certify Iran under the Iran Nuclear Agreement Review Act (INARA) which is separate from the Joint Comprehensive Plan of Action (JCPOA) made in 2015. The European Union has expressed dismay with the announcement and urged support for the continued implementation of the JCPOA.
Date: October 18, 2017
Creator: Mix, Derek E. & Katzman, Kenneth
Partner: UNT Libraries Government Documents Department

Venezuela: Background and U.S. Policy

Description: This report discusses the ongoing political, economic, and humanitarian crisis in Venezuela under President Nicolás Maduro and U.S. responses to it. It provides an overview of the political, economic, and social challenges Venezuela faces and analyzes U.S. policy concerns and actions regarding democracy and human rights, drug trafficking and money laundering, terrorism, and energy issues in Venezuela. The section on democracy and human rights includes U.S. support for OAS efforts regarding Venezuela. Proposals in the 115th Congress regarding Venezuela are also discussed.
Date: October 18, 2017
Creator: Seelke, Clare Ribando & Nelson, Rebecca M.
Partner: UNT Libraries Government Documents Department

Workers' Compensation: Overview and Issues

Description: This report discusses workers' compensation programs including common elements and their history. Non-compulsory programs in Texas and Oklahoma are also discussed including the recent ruling that the system in Oklahoma violated their state constitution.
Date: October 18, 2017
Creator: Szymendara, Scott D.
Partner: UNT Libraries Government Documents Department

The Net Neutrality Debate: Access to Broadband Networks

Description: This report discuses debates and regulations regarding net neutrality and broadband internet's classification as a telecommunication service in a 2015 rule that was upheld in court in 2016. A major focus in the debate is concern over whether the current regulatory framework as delineated in the Federal Communications Commission's (FCC's) 2015 Open Internet Order is the appropriate approach to ensure access to the Internet for content, services, and applications providers, as well as consumers, or whether a less regulatory, "light touch" approach is more suitable.
Date: October 17, 2017
Creator: Gilroy, Angele A.
Partner: UNT Libraries Government Documents Department

Iran Sanctions

Description: This report discusses U.S. sanctions against Iran and the 2016 Joint Comprehensive Plan of Action (JCPOA) nuclear agreement which led to the lifting of sanctions based on nuclear proliferation in Iran. The bulk of the report outlines the various sanctions against Iran and their current implementation status, international efforts to bring about compliance, and their effects. Recent discussions regarding President's Trump announcement that the U.S. was decertifying the nuclear agreement and the possibility of reinstating certain sanctions are also discussed.
Date: October 13, 2017
Creator: Katzman, Kenneth
Partner: UNT Libraries Government Documents Department

Overview of the Federal Government's Power to Exclude Aliens

Description: This report provides an overview of the legislative and executive powers to exclude aliens. First, the report discusses a gatekeeping legal principle that frames those powers: nonresident aliens outside the United States cannot challenge their exclusion from the country. Second, the report analyzes the extent to which the constitutional and statutory rights of U.S. citizens limit the exclusion power under the "facially legitimate and bona fide" test of Kleindienst v. Mandel. The report concludes with a case study. The report applies the principles of the Supreme Court's immigration jurisprudence to the two primary claims that U.S. persons and entities have pressed against the President's revised executive order in the "Travel Ban" litigation: (1) that the revised order violates the Establishment Clause; and (2) that the revised order violates the Immigration and Nationality Act (INA).
Date: September 27, 2017
Creator: Harrington, Ben
Partner: UNT Libraries Government Documents Department