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Anti-Terrorist/Anti-Money Laundering Information-Sharing by Financial Institutions under FINCEN's Regulations
This report discusses Information-sharing programs developed by Treasury's Financial Crimes Enforcement Network (FINCEN) designed to aid law enforcement investigation and prosecution of money laundering and terrorist financing.
Tropical Storm? The Supreme Court Considers Double Jeopardy and the Sovereign Status of Puerto Rico
This legal sidebar discusses the nature of the relationship between the United States government and the territory of the Commonwealth of Puerto Rico. Based in part on statutory language providing that the relationship between Puerto Rico and the United States is "in the nature of a compact," arguments have been made that any change in Puerto Rico's political status must be consented to by both parties.
Home Is Where They Have To Take You In: Right to Entry For U.S. Citizens
This legal sidebar discusses the Congressional interest to revoke passports of U.S. citizens who have gone abroad to fight for foreign terrorist groups. This issue derived from the concern about preventing such persons from returning to conduct terrorist activities in the U.S.
Insurance and Climate Change: Do Governments Have a Duty to Protect Property Owners?
This legal sidebar discusses the climate change in context of federal and private insurers. One of the many insurance company concerns is whether the government can be held liable for not putting in place adequate infrastructure to protect against property damage from climate-change-related extreme weather.
Can Marriage Conquer "Consular Nonreviewability" for a Spouse's Visa Denial?
This legal sidebar discusses the case of Kerry v. Din. The case asks the Court to recognize marriage as a constitutionally-protected interest of a U.S. citizen which can trigger limited judicial review of a spouse's visa denial and require the government to identify the specific laws and facts that are grounds for denying the visa.
You Win Some You Lose Some...New Second Amendment Rulings
This legal sidebar discusses constitutionality of firearms laws under the Second Amendment since the Supreme Court decided District of Columbia v. Heller in 2008, in light of two recent federal appellate cases in which the circuit courts struck down some parts of firearms laws.
Selected CRS Materials on Detention and Interrogation of Terrorist Suspects and Enemy Belligerents
This legal sidebar discusses issues of contention, which include whether U.S. detention and interrogation practices were permissible under domestic and international law, and whether U.S. personnel who authorized or engaged in such practices could be subject to criminal liability.
School Locker Rooms Become the New Battleground in the Gender (Identity) Wars
This legal sidebar discusses the decision of the Department of Education (ED) to side with a transgender female student in Illinois who alleged that her public high school had discriminated against her when it denied her access to the girls' locker rooms.
Big Deal? U.S. Changes Stance on Cruelty Prohibition
This legal sidebar outlines a change in the U.S. interpretation regarding aspects of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT); these comments were presented as part of the U.S. periodic report to the U.N. Committee Against Torture.
Federal Court Weighs in on "VisaGate 2015": Part 1, the Visa Bulletin and Recent Revisions to It
This legal sidebar discusses the incident widely known as "VisaGate 2015" regarding the timeframe for temporary alien guest workers to file applications for lawful permanent resident status. It includes an analysis of the decision from the federal district court in Washington State on the permissibility of certain changes made by the Department of State (DOS) regarding the incident.
Tying Up Loose Ends... Supreme Court To Evaluate Federal Firearm Provision Again
This legal sidebar discusses certiorari to hear Voisine v. United States, a decision examining the federal provision that makes it unlawful for an individual to possess a firearm or ammunition if he or she has been convicted of a misdemeanor crime of domestic violence (MCDV).
Obama Administration Rejects Keystone XL Pipeline Permit Request: Could Congress Nevertheless Approve It?
This legal sidebar discusses the rejection by Obama administration of TransCanada's application for the Keystone XL pipeline.
No Second Amendment Cases for the Supreme Court's 2014-2015 Term...Yet
This report discusses the reluctance by the Supreme Court to take cases involving the Second Amendment. Commentators have observed that the Court appears to have become "gun shy" regarding this issue, given that it has not taken up a Second Amendment case since its landmark rulings in District of Columbia v. Heller in 2008 and McDonald v. City of Chicago in 2010.
Special Prosecutors: Investigations and Prosecutions of Police Use of Deadly Force
This legal sidebar discusses the suggestion to appoint a special prosecutor to investigate cases of alleged law enforcement criminality.
Still Fair Use for Google Books: Second Circuit Ruling in Authors Guild v. Google
This legal sidebar discusses the decision in Authors Guild v. Google case, in which the U.S. Court of Appeals for the Second Circuit affirmed the lower court's ruling and held that Google's copying and distribution of books as part of its Google Books Project qualifies as fair use under the Copyright Act, and thus Google is not liable for infringement of the authors' copyright in these books.
JPMorgan Data Breach Involves Information on 76 Million Households, 7 Million Small Businesses
This report discusses the JP Morgan data breach. According to the filing, although account information was not compromised, hackers had access to information of users of Chase.com, JPMorganOnline, Chase Mobile, and JPMorgan Mobile, covering "name, address, phone number and email address [information] -- and internal JPMorgan Chase information relating to ... approximately 76 million households and 7 million small businesses."
Fifth Circuit Declines to Lift Injunction Barring Implementation of the Obama Administration's 2014 Deferred Action Programs
This legal sidebar discusses a decision by the Fifth Circuit in which they declined to lift an injunction barring the implementation of the Obama administration's 2014 deferred action programs. Additionally, the decision argued that the expansions are impermissible because they conflict with certain provisions of the Immigration and Nationality Act (INA).
Can States and Localities Bar the Resettlement of Syrian Refugees Within Their Jurisdictions?
This legal sidebar discusses an intention to restrict the resettlement of Syrian refugees within individual states and states' authority in the refugee resettlement process, which may take action to forestall or prevent such resettlement.
Eleventh Circuit Provides Guidance for the Definition of "Foreign Official" under the FCPA
This legal sidebar discusses the opinion of the U.S. Court of Appeals for the Eleventh Circuit in United States v. Esquenazi, which is the first federal appellate court decision to provide guidance for and to flesh out the definition of the term "foreign official" under the Foreign Corrupt Practices Act (FCPA or Act).
The Obama Administration's Announced Immigration Initiative: A Primer
This report discusses the immigration initiative announced by Obama administration that could enable a substantial portion of the unlawfully-present alien population to obtain temporary relief from removal and work authorization.
The Obama Administration's November 20, 2014, Actions as to Immigration: Pending Legal Challenges One Year Later
This legal sidebar discusses the Obama Administration announcement regarding a number of actions to "fix" what the President has repeatedly described as a "broken" immigration system.
Independent Bids for President
This report briefly discusses legal and practical obstacles for candidates pursuing an independent run for the presidency after participating in the nomination process of a major political party--including competing in state primaries and caucuses for delegates to the party's national nominating convention.
Cities Try, and Fail (So Far), to Prevent Federal Marijuana Enforcement
This legal sidebar discusses municipal efforts to block the federal enforcement of marijuana prohibition.
Bankruptcy for Marijuana Businesses?
This legal sidebar discusses recent bankruptcy court cases that suggest that one such risk may be the ultimate unavailability to both debtors and creditors of the protections, benefits, and predictability of the U.S. Bankruptcy Code when state-regulated marijuana businesses fail.
What Does Justice Scalia's Death Mean for Congress and the Nation?
This legal sidebar briefly provides an overview of the major implications of Justice Scalia's death for Congress. Justice Scalia's absence may alter the outcome of several cases of interest to Congress pending before the Court and could mark a seismic shift in many legal doctrines, depending on who is confirmed to fill the newly vacant seat on the Court. The job of confirming the President's nomination to fill the vacancy resides with the Senate, making Justice Scalia's death likely to have a profound impact in both the short and long term on Congress.
Judicial Redress Act 101 - What to Know as Senate Contemplates Passing New Privacy Law
This report briefly discusses the Judicial Redress Act (JRA), a bill that would amend the Privacy Act of 1974 and could have major implications on transatlantic data flows and the global economy.
President Obama Announces Executive Actions to "Reduce Gun Violence"
This report briefly discusses executive actions aimed at, among other things, "keep[ing] guns out of the wrong hands through background checks" and "mak[ing] our communities safer from gun violence." These actions include, for example, directing specified executive agencies to conduct or sponsor research into gun safety technology and finalizing a rule requiring firearms shippers to notify law enforcement of any firearms lost or stolen in transit.
The Ebola Outbreak: Quarantine and Isolation Authority
This legal sidebar discusses recent quarantine policies announced by several states, including New York and New Jersey, for travelers arriving from areas affected by the outbreak of Ebola Virus Disease, which have raised legal and constitutional questions about federal and state authority to order quarantine and isolation measures.
Former U.S. Hostages of Iran to be Eligible for Compensation
This legal sidebar briefly discusses the U.S. victims of the 1979-1981 Iran Hostage Crisis, who will become eligible to receive up to $4.4 million each in compensation, thanks to the Justice for United States Victims of State Sponsored Terrorism Act.
Free-Riders or Compelled Riders? Key Takeaways as Court Considers Major Union Dues Case
This report briefly outlines the ongoing debate regarding Union dues. According to the Bureau of Labor Statistics, as of 2015, 7.2 million employees in the public sector belong to a union, with more than 700,000 additional government employees being represented by a union without belonging to the union.
State Considers Amendment to Protect Human Life at Any Stage of Development
This legal sidebar discusses a proposal in North Dakota that would amend the state constitution to address the right to life. If adopted, the North Dakota constitution would state: "The inalienable right to life of every human being at any stage of development must be recognized and protected."
Criminal Justice Reform: One Judge's View
This report briefly provides highlights from an article written by Judge Alex Kozinski of the United States Court of Appeals for the Ninth Circuit, in which he recommended 26 changes in the U.S. criminal justice system, federal and state.
Federal Court Declines to Bar the Resettlement of Syrian Refugees in Texas
This legal sidebar discusses a federal district court's decision to deny the State of Texas's request that the federal government and a private refugee relief organization be temporarily barred from resettling Syrian refugees within the state pending resolution of Texas's challenge to such resettlement.
The House May Vote to File an Amicus Brief: Is this Unprecedented?
This report discusses the historical precedence of the House authorizing the filing of an amicus brief. The case involves state challenges to the Obama Administration's expansion of its deferred action program for certain aliens brought to the U.S. as children and unauthorized aliens who are the parents of U.S. citizens or legal permanent resident aliens.
Can Agencies Take Actions That They Are Not Expressly Authorized by Statute to Take?
This legal sidebar on statutory interpretation addresses the question of whether executive branch agencies are barred from taking actions that Congress has not specifically authorized them to take.
Justice Antonin Scalia's Last Opinion
This report discusses Justice Antonin Scalia's last opinion for the court (Kansas v. Carr). There, the Court reversed two decisions of the Kansas Supreme Court and held that "the Eighth Amendment [does not] require... capital-sentencing courts to instruct the jury that mitigating circumstances need not be proved beyond a reasonable doubt." It also held that the Eighth Amendment did not require separate trials for two of the defendants in one of the Kansas cases.
Presidential References to the 2001 Authorization for Use of Military Force in Publicly Available Executive Actions and Reports to Congress
This memorandum sets out information and analysis concerning presidential references in official notifications and records to the Authorization for Use of Military Force (2001 AUMF; Public Law 107-40; 50 U.S.C. § 1541 note), enacted in response to the September 11, 2001 terrorist attacks on the United States. It contains very brief discussions of the relevant provisions of the 2001 AUMF, and the uses of U.S. armed forces connected with 2001 AUMF authority, as well as excerpted language and other information from the notifications.
What's RICO?
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.
Delivery Drones: Coming to the Sky Near You?
This legal sidebar briefly examines the prospect of highly-automated fleets of drones being used routinely to deliver packages, which raises a number of legal questions.
When Are Violent Crimes Federal Hate Crimes?
This legal sidebar briefly explains federal law in regards to hate crimes.
Frequently Asked Questions Regarding the Supreme Court's 4-4 Split on Immigration
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.
What, If Anything, Has Judge Garland Said About the Second Amendment and Guns?
This legal sidebar briefly examines D.C. Circuit Judge Merrick Garland's views on the second amendment.
FinCEN Seeks Shell-Company Transparency
This legal sidebar discusses the Financial Crimes Enforcement Network's (FinCEN) rules outlining anti-money laundering due diligence requirements. These rules require certain financial institutions to identify and verify beneficial owners of legal entity customers.
Constitutional Limits to Agency Independence
This legal sidebar examines issues regarding the "separation of powers" among the three branches of U.S. government, specifically in regards to federal agencies.
Direct Overt U.S. Aid Appropriations for and Military Reimbursements to Pakistan, FY2002-FY2017
This report provides data regarding the direct overt U.S. aid appropriations and military reimbursements to Pakistan.
The Federal Circuit Rules on Trademarks Considered Offensive: May Affect Redskins Trademark Dispute
This legal sidebar examines cases involving the revocation of the Washington Redskins' federally-registered trademarks (Pro-Football, Inc. v. Blackhorse) and the refusal to grant registration for a rock band's name (In re Tam). These cases raise questions about the constitutionality of Section 2(a) of the Trademark Act of 1946 (conventionally known as the Lanham Act), which denies trademark registration to certain offensive content.
What Does the Supreme Court's 4-4 Split in Texas Mean for Future Executive Action as to Immigration?
This legal sidebar discusses the Supreme Court's recent 4-4 split in Texas v. United States and how it might affect the Executive's ability to "go it alone" on immigration in the future. The nominee or presumptive nominee for President of both major political parties has expressed a willingness to take certain actions as to immigration on his or her own, without waiting for Congress to enact further legislation (although the specific actions they would take vary, depending upon their policies on immigration and other issues).
The Essential Neil Gorsuch Reader: What Judge Gorsuch Cases Should You Read?
This report discusses President Trump's nomination of Neil Gorsuch to the Supreme Court and deliberation by Senators as part of the initial phases of determining whether to provide "Advice and Consent" to the nomination.
Help Wanted: Supreme Court Holds Vacancies Act Prohibits Nominees from Serving as Acting Officers
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.
Pending ACA Legal Challenges Remain as Congress Pursues Health Care Reform
This report discusses developments since January 2017 related to legal challenges to the Affordable Care Act (ACA) and health care reform.
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