Congressional Research Service Reports - 26 Matching Results

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Supreme Court Drives Home Its Concern for Privacy in Collins v. Virginia

Description: This report discusses the Collins decision and its potential implications for Fourth Amendment law. Facing a clash between two well-established Fourth Amendment doctrines--the primacy of the home in Fourth Amendment case law versus the "automobile exception" to the Amendment's warrant requirement--the Supreme Court in Collins v. Virginia ultimately came down on the side of protecting privacy within the home and its adjoining property.
Date: June 26, 2018
Creator: Hanna, Jillian C.
Partner: UNT Libraries Government Documents Department

Justice Kennedy Retires: Initial Considerations for Congress

Description: This report discusses the retirement of Justice Anthony Kennedy from the Supreme Court. In so doing, this post provides a broad overview of key legal issues Congress (and, more specifically the Senate, through its advice and consent role) may wish to consider as it reflects on Justice Kennedy's jurisprudence and how his eventual successor might shape the future of the Court, Congress, and the nation as a whole.
Date: June 28, 2018
Creator: Nolan, Andrew & Garcia, Michael John
Partner: UNT Libraries Government Documents Department

Military Enjoined from Transferring American ISIS Suspect to Foreign Country--at Least for Now

Description: This report discusses the case of Doe v. Mattis, a case with potential ramifications regarding the authority to conduct military operations against the Islamic State of Iraq and the Levant (ISIS). The U.S. Court of Appeals for the D.C. Circuit (D.C. Circuit) upheld 2-1 the district court's injunctions temporarily protecting "John Doe" from forcible transfer to another country from Iraq, where he is currently being held by the U.S. military as a suspected ISIS combatant.
Date: June 20, 2018
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

UPDATE: Supreme Court Takes Fourth Amendment Case about Cell Phone Location Data

Description: This report provides an update to a June 2017 report on the Carpenter v. United States case on government collection of cell phone location information. On June 22, 2018, the Supreme Court held in a 5-to-4 decision in Carpenter v. United States that government acquisition of historical cell site location information (CSLI) constitutes a Fourth Amendment search. The Court further held that the government needs a warrant supported by probable cause.
Date: June 26, 2018
Creator: Harrington, Ben
Partner: UNT Libraries Government Documents Department

UPDATE: Termination of Temporary Protected Status for Sudan, Nicaragua, Haiti, and El Salvador: Key Takeaways and Analysis

Description: This report is an update to a February 2, 2018 report discussing Temporary Protected Status (TPS) designations and answering questions regarding the recent termination of TPS for El Salvador, Nicaragua, Haiti, and Sudan. The update discusses the termination of TPS for Nepal and Honduras.
Date: June 8, 2018
Creator: Smith, Hillel R.
Partner: UNT Libraries Government Documents Department

When Can You Be Convicted of a Crime That Is Not a Crime?

Description: This report discusses the case United States v. Melgar-Cabrera. A panel of the United States Court of Appeals for the Tenth Circuit (Tenth Circuit) recently upheld the murder conviction of the defendant who the court conceded had been "convicted of a crime that is not a crime."
Date: June 29, 2018
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department

UPDATE: Public Sector Union Dues: Grappling with Fixed Stars and Stare Decisis (Part I)

Description: This report discusses the decision of the Supreme Court in the case of "Janus v. American Federation of State, County, and Municipal Employees Council." In a 5-4 decision, the Court held that public-sector agency fee arrangements violate the First Amendment, overruling its 1977 decision in Abood v. Detroit Board of Education.
Date: June 27, 2018
Creator: Killion, Victoria L.
Partner: UNT Libraries Government Documents Department

The Rise and Decline of the Alien Tort Statute

Description: This report explains the original purpose of the Alien Tort Statute (ATS), restrictions placed on the ATS by the Supreme Court, the effect of the recent case Jesner v. Arab Bank, PLC, and the response from Congress.
Date: June 6, 2018
Creator: Mulligan, Stephen P.
Partner: UNT Libraries Government Documents Department

An Overview of U.S. Immigration Laws Regulating the Admission and Exclusion of Aliens at the Border

Description: This report discusses U.S. immigration law as it relates to the Trump Administration's zero tolerance policy to criminally prosecute migrants who unlawfully enter the United States at the southern border; a policy which has led to the separation of children from parents awaiting prosecution for unlawful entry.
Date: June 25, 2018
Creator: Smith, Hillel R.
Partner: UNT Libraries Government Documents Department

When is Running Guns from the Philippines to Mexico a Federal Crime?

Description: This report discusses the case "United States v. Ubaldo" which concerns whether a gun smuggler who smuggled guns from a foreign country through the United States and then into another foreign country can be charged with a federal crime. The Ninth Circuit Court of Appeals upheld the conviction for conspiracy and causing the importation of weapons in violation of the Arms Export Control Act and ban on importing military firearms.
Date: June 26, 2017
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department

Broadband Data Privacy and Security: What's Net Neutrality Got to Do With It?

Description: 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.
Date: June 8, 2017
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department

President Trump's Withdrawal from the Paris Agreement Raises Legal Questions: Parts 1 and 2

Description: This report discusses various legal questions raised by President Trump's announcement of the U.S.'s withdrawal from the Paris Climate Agreement. Questions addressed include the withdrawal process, whether the agreement is binding or non-binding, the role of United States in other international climate meetings, and why President Trump announced the exit.
Date: June 9, 2017
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department

Update: What Constitutes "Sexual Abuse of a Minor" For Immigration Purposes

Description: This report provides an update of an earlier report from April 6, 2017, providing the final decision by the Supreme Court in the case of "Esquivel-Quintana v. Sessions". The case concerned the question of whether an immigrant alien who was convicted of sexual abuse of a minor where the minor was under 18 but at least 16 (in this case statutory rape in California between a 21 year old male and a 17 year female) was removable for an aggravated felony under immigration law. The Supreme Court ruled that the immigration law required the victim be under 16 before the removal of an alien for an aggravated felony would be allowable.
Date: June 7, 2017
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department

Broadband Data Privacy and Security: What's Net Neutrality Got To Do With It?

Description: This report is the third in a series discussing the potential impact of the Federal Communication Commission's proposal to reclassify broadband internet access services (BIAS). This report focuses on the regulations of BIAS provider's privacy practices.
Date: June 8, 2017
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department

The Legal and Practical Effects of Private Immigration Legislation and Recent Policy Changes

Description: This report discusses the use of private immigration bills in Congress which allow Congress to grant permanent residency status to an immigrant who is not eligible under normal immigration procedures but that they deem to have extraordinary equities in the United States. It also addresses the announcement of new rules by the Immigration and Citizenship Enforcement Department (ICE) that limit stays of removal granted to immigrants who are proposed beneficiaries of a private immigration bill in Congress.
Date: June 30, 2017
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department

Update: The Microsoft Ireland Decision: U.S. Appeals Court Rules that ECPA does not Require Internet Service Providers to Produce Electronic Communications Stored Overseas

Description: This report discusses the decision of the U.S. Court of Appeals for the Second Circuit in the case of "Microsoft Corporation v. United States" where the court ruled that the U.S. could not enforce a subpoena asking Microsoft to retrieve emails stored on a server in Ireland. On June 28, 2017 the United States filed for reversal of the decision through a writ of certiorari in the Supreme Court.
Date: June 28, 2017
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department

Help Wanted: Supreme Court Holds Vacancies Act Prohibits Nominees from Serving as Acting Officers

Description: This report discusses the Federal Vacancies Reform Act of 1998 and a recent Supreme Court case decision in "NLRB v SW General Inc." related to acting officials filling Presidential nominated positions under the Vacancies Act.
Date: June 28, 2017
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department

Constitutional Limits on States's Efforts to "Uphold" the Paris Agreement

Description: This report discusses state government efforts to uphold the requirements of the Paris Agreement on climate change after the announcement of the U.S.'s planned withdrawal from the agreement and constitutional limits on their efforts.
Date: June 27, 2017
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department

Frequently Asked Questions Regarding the Supreme Court's 4-4 Split on Immigration

Description: This report addresses commonly asked questions regarding the Supreme Court's evenly-divided June 23, 2016 decision about immigration. Consistent with recent practice, the decision affirms without any opinion or indication of the Justices' voting alignment an earlier decision of the U.S. Court of Appeals for the Fifth Circuit barring the Obama Administration from implementing two initiatives that would potentially have granted relief from removal to millions of aliens who entered or remained in the United States in violation of federal immigration law and lack legal immigration status.
Date: June 24, 2016
Partner: UNT Libraries Government Documents Department

What's RICO?

Description: This legal sidebar briefly discusses the Racketeer Influenced and Corrupt Organization (RICO) portion of Title 18 of the United States Code. In spite of its name and origin, RICO is not limited to "mobsters" or members of "organized crime" as those terms are popularly understood. Rather, it covers those activities which Congress felt characterized the conduct of organized crime, no matter who actually engages in them.
Date: June 20, 2016
Partner: UNT Libraries Government Documents Department