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"Marbury v. Madison Returns"! The Supreme Court Considers the Scope of "Judicial Power"

Description: This report provides background on "Marbury v. Madison" and the upcoming case of Dalmazzi v. United States" which challenges the jurisdiction of the Supreme Court over the Court of Appeals for the Armed Forces (CAAF) and concludes by exploring the potential ramifications of the jurisdictional question "Dalmazzi" poses.
Date: January 16, 2018
Creator: Freeman, Wilson C.
Partner: UNT Libraries Government Documents Department

The Travel Ban Case and Nationwide Injunctions

Description: This report addresses when, if ever, a regional federal trial judge adjudicating a case involving the federal government can award nationwide injunctive relief--a court order that commands a party to take or refrain from taking some action throughout the country. In the context of a suit against the federal government, an injunction with this type of "universal" effect acts to effectively void the law or policy in question. This report briefly explores the nationwide injunction at issue in the travel ban case (Trump v. Hawaii) and surveys a handful of the scholarly and judicial arguments surrounding the nationwide injunction in general
Date: May 2, 2018
Creator: Freeman, Wilson C.
Partner: UNT Libraries Government Documents Department

How Broad a Shield? A Brief Overview of Section 230 of the Communications Decency Act

Description: This report discusses Section 230 of the Communications Act of 1934 which was added too the law in 1996 to provide liability protection to online service providers regarding what users posted on their sites. Concerns about criminal activity being allowed to continue by companies due to the law and internet freedom advocates support for the law are discussed.
Date: February 21, 2018
Creator: Ruane, Kathleen Ann
Partner: UNT Libraries Government Documents Department

EPA's Methane Regulations: Legal Overview

Description: This report examines the EPA's statutory authority for issuing the methane regulations, legal challenges to the standards, and legal issues related to the reconsideration and stay of the regulations.
Date: January 24, 2018
Creator: Tsang, Linda
Partner: UNT Libraries Government Documents Department

Third Circuit Invalidates "De Facto" Life Sentences for "Non-Incorrigible" Juvenile Offenders

Description: This report discusses a recent ruling by the U.S. Court of Appeals for the Third Circuit in the case of "United States v. Grant" that prohibits the use of "de facto" life sentences without possibility of parole (created by sentencing juveniles to prison terms longer than the average lifespan or that would end after they reached the typical retirement age) for juvenile offenders who have a reasonable potential for rehabilitation. The report also discusses previous decisions related to this issue and the split among appeals court over the proper application of the Eighth Amendment to juvenile sentencing restrictions.
Date: April 30, 2018
Creator: Smith, Alison M.
Partner: UNT Libraries Government Documents Department

Victim Restitution: Attorney's Fees for Internal Investigations?

Description: This report discusses of whether a federal statute which requires victim reimbursement for "other expenses incurred during participation in the investigation or prosecution of the [victimizing] offense" cover "costs that were neither required nor requested by the government, including costs incurred for the victim's own purposes and unprompted by any official action? An upcoming Supreme Court case ("Lagos v. United States") is set to consider this question.
Date: February 6, 2018
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department

Government Contract Bid Protests In Brief: Analysis of Legal Processes and Recent Developments

Description: This report briefly analyzes the varying legal procedures applicable to bid protests under each forum, which may be relevant to Congress as it assesses potential reforms to the bid protest process. First, the report provides an overview of bid protests generally and the legal procedures applicable to bid protests made in each forum. Next, the report analyzes the legal distinctions among these forums. Finally, the report discusses recent legislative developments affecting bid protest procedures and potential considerations for Congress.
Date: January 19, 2018
Creator: Carpenter, David H. & Schwartz, Moshe
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 such as: Arctic sovereignty claims; commercial shipping through the Arctic; Arctic oil, gas, and mineral exploration; endangered Arctic species; and increased military operations in the Arctic that could cause the region in coming years to become an arena of international cooperation or competition. The FY2019 budget request for arctic research is included.
Date: April 24, 2018
Creator: O'Rourke, Ronald
Partner: UNT Libraries Government Documents Department

Offshore Oil and Gas Development: Legal Framework

Description: This report discusses the various legal authorities and regulations that govern offshore oil and gas exploration and drilling in U.S. waters. The report also discusses recent executive action and legislative proposals concerning offshore oil and natural gas exploration and production.
Date: April 13, 2018
Creator: Vann, Adam
Partner: UNT Libraries Government Documents Department

The Logan Act: An Overview of a Sometimes Forgotten 18th Century Law

Description: This report discusses the Logan Act, including a brief explanation of some of the constitutional concerns that surround the law. This report concludes with a discussion of what Congress could do to modify the statute to make it less susceptible to some of these concerns.
Date: January 12, 2018
Creator: Freeman, Wilson C.
Partner: UNT Libraries Government Documents Department

Responding to the Opioid Epidemic: Legal Developments and FDA's Role

Description: This report discusses the opioid epidemic in the U.S. and the role of the Federal Food and Drug Administration (FDA) in helping end the epidemic. The report provides an overview of FDA's existing authorities, the historical context for the opioid epidemic, and the agency's current plan for combatting the opioid epidemic, concluding with an examination of the broader legal questions concerning the crisis.
Date: March 6, 2018
Creator: Armstrong, Kathryn B.
Partner: UNT Libraries Government Documents Department

FDA Risk Evaluation and Mitigation Strategies (REMS): Description and Effect on Generic Drug Development

Description: This report provides a brief history of FDA drug regulation, describes FDA's early risk management programs, and focuses on the agency's current risk management authorities, specifically risk evaluation and mitigation strategies (REMS). The report also discusses issues that have arisen as a result of REMS, particularly the impact on generic drug competition. While this report generally focuses on REMS in the context of generic drug development, the issues discussed are also relevant to biological and biosimilar product development.
Date: March 16, 2018
Creator: Dabrowska, Agata
Partner: UNT Libraries Government Documents Department