UNT Libraries Government Documents Department - 260 Matching Results

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Can Aliens in Immigration Proceedings Be Detained Indefinitely?: High Court Rules on Statutory, but not Constitutional Authority

Description: This report discusses the Supreme Court's ruling in the case of "Jennings vs. Rodriguez" which dealt with whether immigrant aliens could be detained indefinitely. The court ruled that the aliens could be held indefinitely without a bond hearing under statutory law but left the constitutionality of the action open for future interpretation.
Date: April 3, 2018
Creator: Smith, Hillel R.

Supreme Court Agrees to Hear Constitutional Challenge to SEC Administrative Law Judges

Description: This report discusses the case of "Lucia v. Securities and Exchange Commission (SEC)" which is scheduled to be heard by the Supreme Court. The case addresses whether administrative law judges(ALJs) within the SEC are "Officers of the United States" (officers) who must be appointed in accordance with the Appointments Clause of Article II of the Constitution.
Date: January 16, 2018
Creator: Killion, Victoria L.

Tort and Litigation Reform in the 115th Congress

Description: This report discusses "tort reform" which refers to whether (and to what extent) legislatures should limit lawsuits concerning negligence, personal injury, medical malpractice, products liability, and other similar causes of action. The report surveys several major tort and litigation reform bills pending in the 115th Congress and discusses some of the legal issues raised by each bill.
Date: April 10, 2018
Creator: Lewis, Kevin M.

Supreme Court Interprets Dodd-Frank Whistleblower Protections: Implications for Securities Law and Beyond

Description: This report discusses the Supreme Court decision in the case of "Digital Realty Trust Inc. v. Somers" which addressed when retaliation protections for whistle-blowers apply under the Dodd-Frank Act. The court ruled that the protections only apply if the whistle-blower reports securities violations to the SEC and not if they only report the violations internally.
Date: March 8, 2018
Creator: Vanatko, Nicole

Supreme Court to Hear Digital Privacy Case: Can the Government Obtain Emails Stored Abroad?

Description: This report discusses the upcoming Supreme Court case of "United States vs. Microsoft" which concerns whether the government can compel Microsoft to provide them emails stored abroad. This report provides background on the case, including an overview of the Stored Communications Act (SCA), discusses the specific issues presented by the Microsoft case, and explores the case's implications for Congress.
Date: February 23, 2018
Creator: Smith, Austin D.

Russians Indicted for Online Election Trolling

Description: This report discusses the indictment of three Russian companies and 13 Russian national by the Department of Justice for interference in the 2016 presidential election. The charges brought for each one are detailed along with the sentencing guidelines for the crimes.
Date: February 21, 2018
Creator: Doyle, Charles

Would it Violate Equal Protection to Prohibit Naturalized "Dreamers: from Sponsoring Their Parents for Immigrant Visas?

Description: This report discusses the question of whether "Dreamers" who were given a pathway to citizenship and became naturalized citizens could sponsor their parents for immigration visas in the same way any other U.S. citizen could. Case law and various considerations which could affect such a decision are discussed.
Date: February 12, 2018
Creator: Harrington, Ben

It Belongs in a Museum: Sovereign Immunity Shields Iranian Antiquities Even When It Does Not Protect Iran

Description: This report discusses the Supreme Court's decision in the case of "Rubin v. Islamic Republic of Iran" where the court ruled that the Foreign Sovereign Immunities Act (FSIA) did not permit U.S. victims of Iran-sponsored terrorist attacks to seize a collection of Persian antiquities on loan from Iran to a museum at the University of Chicago. The background of the case and case law about the FSIA is also discussed.
Date: March 22, 2018
Creator: Mulligan, Stephen P.

Jrisdiction Stripping: When May Congress Prohibit the Courts from Hearing a Case?

Description: This report discusses the Supreme Court case of "Patchak v. Zinke" and its relevance to Congress. It begins by briefly describing the Court's prior attempts to demarcate the boundaries of Congress's power to take cases away from the federal judiciary. It then discusses the facts and opinions in Patchak and analyzes the effect Patchak may have on Congress's legislative objectives.
Date: March 15, 2018
Creator: Lewis, Kevin M.

District Court Enjoins DACA Phase-out: Explanation and Takeaways

Description: This report is an update of a previous report regarding DACA's phase-out and discusses court injunctions preventing the the phase-out of DACA benefits for those already enrolled and a decision by a Maryland federal court which prevents the Department of Homeland Security (DHS) from using personal information found in DACA applications for law enforcement purposes except by permission of the court in uses needed for national security, public safety, or the public interest.
Date: March 7, 2018
Creator: Smith, Hillel R. & Harrington, Ben

Tricks of the Trade: Section 301 Investigation of Chinese Intellectual Property Practices Concludes (Part 2)

Description: This report is the part two of two of a report on the Office of the U.S. Trade Representative's (USTR) recently concluded its investigation under Section 301 of the Trade Act of 1974 (the "Section 301 Investigation") "to determine whether acts, policies, and practices of the Government of China related to technology transfer, intellectual property, and innovation are unreasonable or discriminatory and burden or restrict U.S. commerce." This part of the report applies the general legal framework to this specific Section 301 Investigation, providing background on the investigation, describing the USTR's findings and the President's directives, and concluding by addressing what legal issues lie ahead.
Date: March 29, 2018
Creator: Lewis, Caitlin Devereaux

Shining a Light on the Solar Trade: Investigation Leads to Tariffs on Solar-Related Imports (Part 2)

Description: This report is part two of a report discussing the implementation of a tariff-rate quota on solar-energy related imports for four years beginning February 7, 2018. The announcement was triggered by the results of a U.S. International Trade Commission (ITC) investigation into potential harm to U.S. industries from the importation of solar-panel related parts. This section of the report discusses the background of the investigation and various options the ITC suggested as a remedy to their findings of injury to U.S. industry as well as Congressional considerations.
Date: January 26, 2018
Creator: Lewis, Caitlain Devereaux

Class Actions are Back at the Supreme Court: Statutory Time Limits and "Serial Relitigation" of Class Certification

Description: This report discusses the the Supreme Court case of "China Agritech v. Rush" which concerns whether a plaintiff in a failed class action suit can sue again individually even if they would have normally been barred from doing so by the statute of limitations. The report explores the history behind the existing rules that apply with respect to statutes of limitations and class actions (the American Pipe rule), before discussing the specifics of China Agritech and the importance of the case for Congress.
Date: March 12, 2018
Creator: Freeman, Wilson C.

Whose Line is it Anyway: Could Congress Give the President a Line-Item Veto?

Description: This report discusses whether Congress could grant the President a line-item veto. The report provides an overview of the Supreme Court's decision in "Clinton v. City of New York" in 1998 and examines what (if any) possibility exists for a constitutional, line-item veto authority for the President.
Date: March 27, 2018
Creator: Nolan, Andrew; Garvey, Todd & Liu, Edward C.