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Medical Malpractice Liability Reform: Legal Issues and Fifty-State Survey of Caps on Punitive Damages and Noneconomic Damages
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Medical Malpractice Liability Reform: Legal Issues and Fifty-State Survey of Caps on Punitive Damages and Noneconomic Damages
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Medical Malpractice Liability Reform: Legal Issues and Fifty-State Survey of Caps on Punitive Damages and Noneconomic Damages
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Medical Malpractice Liability Reform: Legal Issues and Fifty-State Survey of Caps on Punitive Damages and Noneconomic Damages
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Same-Sex Marriages: Legal Issues
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Partial-Birth Abortion: Recent Developments in the Law
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Partial-Birth Abortion: Recent Developments in the Law
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Partial-Birth Abortion: Recent Developments in the Law
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Abortion Procedures
The Partial-Birth Abortion Ban Act of 1997, H.R. 1122 was vetoed by President Clinton on October 10, 1997. This legislation would have made it a federal crime, punishable by fine and/or incarceration, for a physician to perform a partial birth abortion unless it was necessary to save the life of a mother whose life is endangered by a physical disorder, illness, or injury. The partial-birth abortion legislation has stimulated a great deal of controversy. This report provides a brief overview of the abortion methods currently in use for which data have been published and some positions on the partial birth abortion legislation.
Substantive Due Process and a Right to Clone
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Federal Crime Control: Background, Legislation, and Issues
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Uniform Standards in Private Securities Litigation: Limitations on Shareholder Lawsuits
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Same-Sex Marriages: Legal Issues
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Same-Sex Marriages: Legal Issues
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Telecommunications Act: Competition, Innovation, and Reform
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Same-Sex Marriages: Legal Issues
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Remedies for Patent Infringement
This report discusses the current legal system rules for patent infringement cases and current bills introduced in Congress related to patents.
Supreme Court October Term 2016: A Review of Select Major Rulings
This report highlights four particularly notable cases the Court heard and ruled on during the October 2016 term: Matal v. Tam, which examines the interplay between the First Amendment and trademark law; Sessions v. Morales-Santana, a case exploring the relationship between immigration law and the Court's Equal Protection jurisprudence; Trinity Lutheran Church of Columbia, Inc. v. Comer, the latest chapter in the Court's Free Exercise jurisprudence; and Ziglar v. Abbasi, a case limiting the types of damages claims that can be asserted against federal officers for alleged constitutional violations under the Bivens doctrine. Each case is addressed in a separate section below, which provides background information on the case; summarizes the arguments that were presented to the Court; explains the Court's ultimate ruling; and examines the implications that the Court's ruling could have for Congress, including broader ramifications for jurisprudence in a given area of law.
Statutory Interpretation: General Principles and Recent Trends
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Insurance Coverage of the World Trade Center: Interpretation of "War Risk" Exclusion Causes Under New York Contract Law
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9/11 Commission: Current Legislative Proposals for U.S. Immigration Law and Policy
This report briefly discusses some of the major immigration areas under consideration in comprehensive reform proposals suggested by the 9/11 Commission, including asylum, biometric tracking systems, border security, document security, exclusion, immigration enforcement, and visa issuances. It refers to other CRS reports that discuss these issues in depth and will be updated as needed.
Citizen Control Over Records Held by Third Parties
The United States has become an information society. Government at every level and private industry have been collecting and using more personal information about individuals in the last several years than ever before. The Congress has been aware of this trend, and of the potencia1 for misuse of the information so collected; it has enacted several laws that protect the personal privacy of individuals, and respect the confidentiality of the information maintained about individuals by third parties. In this report, several privacy laws are summarized, and key provisions of each are compared, in order to make individual citizens aware of their rights , responsibilities and remedies under the law.
Partial-Birth Abortion: Recent Developments in the Law
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Same-Sex Marriages: Legal Issues
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Responsibility Determinations Under the Federal Acquisition Regulation: Legal Standards and Procedures
This report discusses the standards and procedures that federal agencies use in making responsibility determinations under the Federal Acquisition Regulation (FAR). It discusses (1) how responsibility determinations relate to other mechanisms that the government relies upon to ensure that contractors are responsible and otherwise eligible for federal contracts; (2) the performance-related and collateral standards used in making responsibility determinations; (3) the procedures for making responsibility determinations; and (4) recently enacted or proposed amendments to the standards or procedures for responsibility determinations.
Responsibility Determinations Under the Federal Acquisition Regulation: Legal Standards and Procedures
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."
State and Local "Sanctuary" Policies Limiting Participation in Immigration Enforcement
This report discusses legal issues related to state and local measures that limit law enforcement cooperation with federal immigration authorities. The report begins by providing a brief overview of the constitutional principles informing the relationship between federal immigration authorities and state and local jurisdictions, including the federal government's power to preempt state and local activities under the Supremacy Clause, and the Tenth Amendment's proscription against Congress directly "commandeering" the states to administer a federally enacted regulatory scheme.
Energy and Water Development: FY2010 Appropriations
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.
Energy and Water Development: FY2010 Appropriations
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.
Energy and Water Development: FY2015 Appropriations
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.
State and Local "Sanctuary" Policies Limiting Participation in Immigration Enforcement
This report discusses legal issues related to state and local measures that limit law enforcement cooperation with federal immigration authorities. It includes legal background and select limitations on immigration enforcement including traditional "sanctuary" policies, declining to honor immigration detainers, shielding juveniles from federal detection, and modifying criminal sentences to avoid immigration consequences.
Energy and Water Development: FY2014 Appropriations
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.
A Primer on the Reviewability of Agency Delay and Enforcement Discretion
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.
Offices of Inspectors General and Law Enforcement Authority: In Brief
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.
Energy and Water Development: FY2015 Appropriations
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.
Conducting Foreign Relations Without Authority: The Logan Act
This report discusses the Logan Act, which was intended to prohibit United States citizens without authority from interfering in relations between the United States and foreign governments.
Money Laundering: An Abridged Overview of 18 U.S.C. 1956 and Related Federal Criminal Law
This is an overview of the elements of federal criminal money laundering statutes and the sanctions imposed for their violation.
Appointment of African American U.S. Circuit and District Court Judges: Historical Overview and Current Data
This report briefly provides historical and statistical information related to the appointment of African Americans as U.S. circuit and district court judges. Such information addresses ongoing congressional interest in the demographic characteristics of lower federal court judges.
Majority, Concurring, and Dissenting Opinions Authored by Judge Merrick Garland
This report identifies and briefly summarizes each of the more than 350 cases in which Judge Garland has authored a majority, concurring, or dissenting opinion. Arguably, these written opinions provide the greatest insight into Judge Garland's judicial approach, as a judge's vote in a case or decision to join an opinion authored by a colleague may be based upon a number of considerations and may not necessarily represent full agreement with a joined opinion.
Judge Merrick Garland: His Jurisprudence and Potential Impact on the Supreme Court
This report provides an overview of Judge Garland's jurisprudence and discusses what the impact on the Court might be if he, or a judge of a similar judicial approach, were to be confirmed to succeed Justice Scalia. The report begins with his views on two overarching issues -- the role of the judiciary and statutory interpretation -- it then addresses 14 separate areas of law, which are arranged in alphabetical order from "administrative law" to "takings."
Corporate Inversions: Frequently Asked Legal Questions
This report answers frequently-asked legal questions about corporate inversions. It answers questions relating to the scope and operation of Section 7874, including how key statutory terms have been interpreted by the Internal Revenue Service (IRS). It discusses important Department of Treasury regulations that were finalized in 2015 and 2016, and answers questions about the IRS's authority to issue these regulations. Other questions that are answered relate to legislation introduced in the 114th Congress, the interaction of Section 7874 with tax treaties, and the imposition of an excise tax on corporate insiders who benefit from an inversion.
Issues Regarding a National Land Parcel Database
This report provides a summary of some of the issues regarding the creation of a national land parcel database, or cadastre. The report identifies some of the perceived needs for a national cadastre, legislative and administrative options that could lead to a national land parcel database, and some of the challenges and concerns. The report also summarizes and briefly discusses recommendations in a 2007 National Research Council (NRC) report that concluded "...a national approach is necessary to provide a rational and accountable system of property records."
Federal Tort Reform Legislation: Constitutionality and Summaries of Selected Statutes
This report considers the constitutionality of federal tort reform legislation, such as the products liability and medical malpractice reform proposals that have been introduced for the last several Congresses. Tort law at present is almost exclusively state law rather than federal law, although, as noted in the appendix to this report, Congress has enacted a number of tort reform statutes.
Broadband Data Privacy and Security: What's Net Neutrality Got to Do With It?
This report is the third in a series discussing the potential impact of the Federal Communications Commission's proposal to reclassify broadband Internet access services (BIAS). This report focuses on the proposal's possible effect on the regulation of BIAS providers' privacy practices.
Banking Policy Issues in the 115th Congress
This report provides a broad overview of selected banking-related issues, including prudential regulation, consumer protection, "too big to fail" (TBTF) banks, community banking, regulatory agency structures and independence, and recent market and economic trends. It is not an exhaustive look at all bank policy issues, nor is it a detailed examination of any one issue. Rather, it provides concise background and analyses of certain prominent issues that have been the subject of recent discussion and debate. In addition, this report provides a list of Congressional Research Service reports that examine specific bills, including the Financial CHOICE Act (H.R. 10) and bills proposing to provide regulatory relief for banks.
Immigration: Terrorist Grounds for Exclusion and Removal of Aliens
The Immigration and Nationality Act (INA) spells out a strict set of admissions criteria and exclusion rules for all foreign nationals who come permanently to the United States as immigrants (i.e., legal permanent residents) or temporarily as nonimmigrants. This report opens with an overview of the grounds for inadmissibility and summarizes key legislation enacted in recent years. Where relevant, the report discusses how recently enacted legislation, including the REAL ID Act, affects these matters. This report also briefly discusses two recent proposals that would modify the terrorism-related provisions of the INA.
Energy Policy: Conceptual Framework and Continuing Issues
In the spring of 2006, crude oil prices were exceeding $70/barrel (bbl) in response to tight markets and uncertainty over the security of world oil supply. A number of developments have placed additional pressure on world markets, including Hurricanes Katrina and Rita (in late August and late September 2005), the phaseout of the gasoline additive methyl tertiary butyl ether (MTBE) and a renewable fuels mandate, and a continuing high and worldwide demand for oil. Energy policy issues for continuing interest include opening up the Arctic National Wildlife Refuge (ANWR) for leasing; Corporate Average Fuel Economy Standards (CAFE) for passenger vehicles; improving U.S. energy infrastructure, including pipelines and refineries; seeking effective means to promote energy conservation using currently available technologies, and developing new technologies and alternative fuels.
Agriculture and the 106th Congress: A Summary of Major Issues
Most congressional interest in agriculture in the 106th Congress was focused on persistent low prices for major commodities and proposals to redress declining farm income. Six emergency farm aid bills were approved, increasing agricultural spending by nearly $27 billion for fiscal years 1999-2001. These bills provided disaster relief along with short term “market loss payments”to farmers to shore up farm income. Some longer term changes also were enacted as part of emergency farm legislation, which this report discusses in brief.
Trade Legislation in the 106th Congress: An Overview
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The Origination Clause of the U.S. Constitution: Interpretation and Enforcement
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