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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

Department of Health and Human Services Halts Cost-Sharing Reduction (CSR) Payments

Description: This report discusses the the case "House of Representatives v. Hargan" which was a case by the Department of Health and Human Services (HHS) appealing the House's decision to end cost-sharing reduction (CSR) payments. Questions regarding the status of the case and possible legal and legislative methods of restoring CSR payments are addressed.
Date: October 26, 2017
Creator: Liu, Edward C. & Staman, Jennifer A.
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

Two-Sided Credit Card Markets: The Supreme Court Takes Up Novel Antitrust Issue

Description: This report discusses the case of "Ohio v. American Express" which the Supreme Court has accepted for hearing which poses the question of how federal antitrust law should treat two-sided markets which are platforms in which two distinct user groups operate in an interdependent way. The case challenges anti-steering clauses in American Express contract agreements with merchants that prevent the merchants from promoting the use of other credit cards. The case has the potential to change the way vendors accept card payments across the country--but the case also provides the Supreme Court with the opportunity to guide the lower courts that are increasingly confronting antitrust issues concerning two-sided markets. As a result, the American Express case raises several issues for Congress that could implicate its legislative and oversight roles with respect to the financial services industry and, more generally, the regulation of two-sided markets.
Date: November 13, 2017
Creator: Smith, Austin D.
Partner: UNT Libraries Government Documents Department

A Second Amendment Right to Sell Firearms? The Ninth Circuit, Sitting En Banc, Weighs In

Description: This report discusses the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) decision in "Teixeira v. County of Alameda" which reversed the original court decision which held that Second Amendment rights applied to commercial firearm sellers. The course of the case and decision and implications of the ruling are also discussed.
Date: November 2, 2017
Creator: Peck, Sarah Herman
Partner: UNT Libraries Government Documents Department

The Federal Government's Plenary Immigration Power Collides with the Constitutional Right to an Abortion (Part 2)

Description: This report is the secondt in a two-part series discussing "Garza v. Hargan", a decision by the U.S. Court of Appeals for the D.C. Circuit involving a detained unaccompanied alien minor and the right to terminate a pregnancy. Debate among judges regarding the right of an unaccompanied alien minor to have an abortion when the minor was detained at the border and technically never formally entered the United States are discussed.
Date: November 27, 2017
Creator: Smith, Hillel R. & Shimabukuro, Jon O.
Partner: UNT Libraries Government Documents Department

Fibbing to Get a Lawyer: Circuits Split on Punishment

Description: This report discusses differing views held by U.S. appellate courts regarding whether lying about one's assets to pre-trial service personnel in order to get a court-appointed lawyer can be used as a justification to increase the sentence of the offender.
Date: November 27, 2017
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department

Free-Riders or Compelled Riders? Key Takeaways as Court Considers Major Union Dues Case

Description: 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.
Date: January 1, 2016
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

The House May Vote to File an Amicus Brief: Is this Unprecedented?

Description: 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.
Date: March 16, 2016
Partner: UNT Libraries Government Documents Department

Independent Bids for President

Description: 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.
Date: January 6, 2016
Partner: UNT Libraries Government Documents Department

Justice Antonin Scalia's Last Opinion

Description: 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.
Date: March 15, 2016
Partner: UNT Libraries Government Documents Department

President Obama Announces Executive Actions to "Reduce Gun Violence"

Description: 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.
Date: January 8, 2016
Partner: UNT Libraries Government Documents Department

Presidential References to the 2001 Authorization for Use of Military Force in Publicly Available Executive Actions and Reports to Congress

Description: 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. ยง 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.
Date: May 11, 2016
Creator: Weed, Matthew
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

No "Bivens" for You?

Description: This report discusses the Supreme Court's ruling in "Ziglar v. Abbassi" and the "Bivens" remedy that the plaintiffs were attempting to use to win their case. The "Bivens" remedy is a legal precedent that came from a 1971 case where the plaintiff Bivens sued federal agents with the Federal Bureau of Narcotics for violations of the fourth amendment due to them handcuffing him inside his own home without a warrant. It has been used two other times for suits against federal officials related to breaches of constitutional rights, one related to gender bias and equality and the other for lack of medical care in prison.
Date: July 5, 2017
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department

Presidential Pardons: Frequently Asked Questions (FAQs)

Description: This report provides a general overview of the pardon power and briefly addresses a few frequently-asked legal questions concerning its scope and application, such as: whether the President can issue a "prospective pardon, pardon himself or issue "secret" pardons, whether the acceptance of a pardon is an admission of guilt, and whether Congress can regulate the President's pardon power.
Date: August 28, 2017
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department