120 Matching Results

Search Results

Advanced search parameters have been applied.

Federal Tort Claims Act

Description: The Federal Tort Claims Act is the statute by which the United States authorizes tort suits to be brought against itself. With exceptions, it makes the United States liable for injuries caused by the negligent or wrongful act or omission of any federal employee acting within the scope of his employment, in accordance with the law of the state where the act or omission occurred. This report discusses, among other things, the application of the Feres doctrine to suits for injuries caused by medical malpractice in the military, the prohibition of suits by victims of atomic testing, Supreme Court cases interpreting the discretionary function exception, the extent to which federal employees may be held liable for torts they commit in the scope of their employment, and the government contractor defense to products liability design defect suits.
Date: April 27, 2009
Creator: Cohen, Henry & Cohen, Henry
Partner: UNT Libraries Government Documents Department

Fairness in Asbestos Injury Resolution Act of 2004 (S. 2290, 108th Congress)

Description: This report provides an overview of S. 2290, 108th Congress, the Fairness in Asbestos Injury Resolution Act of 2004 (or FAIR Act of 2004). The bill is a revised version of S. 1125, 108th Congress, and would create the Office of Asbestos Disease Compensation to award damages to asbestos claimants on a no-fault basis. Asbestos claims could no longer be filed or pursued under state law, except for the enforcement of judgments no longer subject to any appeal or judicial review before the date of enactment of the bill.
Date: April 14, 2004
Creator: Cohen, Henry
Partner: UNT Libraries Government Documents Department

Medical Malpractice Liability Reform: H.R. 5, 109th Congress

Description: This report discusses H.R. 5, which would preempt state law regarding some aspects of medical malpractice liability and liability for defective medical products, including drugs. The legislation would among other things, place caps on noneconomic and punitive damages (in states that have not enacted and do not enact caps), eliminate joint and several liability, modify the collateral source rule, limit lawyers' contingent fees, enact a federal statute of limitations, and provide for periodic payment of future damages.
Date: January 18, 2006
Creator: Cohen, Henry
Partner: UNT Libraries Government Documents Department

Constitutionality of Requiring Sexually Explicit Material on the Internet to be Under a Separate Domain Name

Description: This report discusses the constitutionality of proposal that there be a separate domain on the Internet exclusively for websites that contain sexually explicit material; it might be labeled “.xxx” to complement the current “.com,” “.org,” and others.
Date: January 18, 2006
Creator: Cohen, Henry
Partner: UNT Libraries Government Documents Department

Obscenity and Indecency: Constitutional Principles and Federal Statutes

Description: his report examines federal law regarding obscenity and indecency. The First Amendment provides: “Congress shall make no law... abridging the freedom of speech, or of the press.” In general, the First Amendment protects pornography, with this term being used to mean any erotic material. The Supreme Court, however, has held that the First Amendment does not protect two types of pornography: obscenity and child pornography. Consequently, they may be banned on the basis of their content, and federal law prohibits the mailing of obscenity, as well as its transport or receipt in interstate or foreign commerce.
Date: January 21, 2009
Creator: Cohen, Henry
Partner: UNT Libraries Government Documents Department

Obscenity, Child Pornography, and Indecency: Brief Background and Recent Developments

Description: The First Amendment provides that “Congress shall make no law ... abridging the freedom of speech, or of the press. ...” The First Amendment applies, with two exceptions, to pornography, with that term being used to refer to any words or pictures of a sexual nature. This report discusses the two exceptions, which are obscenity and child pornography; because these are not protected by the First Amendment, they may be, and have been, made illegal. Pornography and “indecent” material that are protected by the First Amendment may nevertheless be restricted in order to limit minors’ access to them.
Date: October 6, 2009
Creator: Cohen, Henry
Partner: UNT Libraries Government Documents Department

Brief Summaries of Federal Animal Protection Statutes

Description: This report contains brief summaries of federal animal protection statutes, listed alphabetically. It includes statutes enacted to implement treaties, those that protect certain groups of animals (e.g., protection of "game" animals rather than predators), statutes to conserve fish, statutes that allow the disabled to use service animals, and statutes aimed at acts of animal rights advocates (the Animal Enterprise Protection Act of 1992, and the Recreational Hunting Safety and Preservation Act of 1994).
Date: October 16, 2006
Creator: Cohen, Henry
Partner: UNT Libraries Government Documents Department

Obscenity and Indecency: Constitutional Principles and Federal Statutes

Description: This report examines federal law regarding obscenity and indecency. The First Amendment provides: “Congress shall make no law... abridging the freedom of speech, or of the press.” In general, the First Amendment protects pornography, with this term being used to mean any erotic material. The Supreme Court, however, has held that the First Amendment does not protect two types of pornography: obscenity and child pornography. Consequently, they may be banned on the basis of their content, and federal law prohibits the mailing of obscenity, as well as its transport or receipt in interstate or foreign commerce.
Date: May 2, 2003
Creator: Cohen, Henry
Partner: UNT Libraries Government Documents Department

Protection of Lawful Commerce in Arms Act, H.R. 1036 and S. 659, 108th Congress: Legal Analysis

Description: This report examines H.R. 1036, 108th Congress, as ordered to be reported by the House Committee on the Judiciary on April 3, 2003, and passed by the House without amendment on April 9, 2003. H.R. 1036, titled the “Protection of Lawful Commerce in Arms Act,” would prohibit lawsuits, except in specified circumstances, against a manufacturer or seller of a firearm or ammunition, or a trade association, for damages resulting from the criminal or unlawful misuse of a firearm or ammunition.
Date: March 1, 2004
Creator: Cohen, Henry
Partner: UNT Libraries Government Documents Department

Constitutionality of Requiring Sexually Explicit Material on the Internet to be Under a Separate Domain Name

Description: It has been proposed that there be a domain on the Internet exclusively for websites that contain sexually explicit material; it might be labeled “.xxx” to complement the current “.com,” “.org,” and others. This report examines the constitutionality of this idea.
Date: January 8, 2007
Creator: Cohen, Henry
Partner: UNT Libraries Government Documents Department

“Good Samaritan” Tort Reform: Three House Bills

Description: This report discusses three 108th Congress tort reform bills: the Volunteer Pilot Organization Protection Act (H.R. 1084), the Good Samaritan Firefighter Assistance Act of 2003 (H.R. 1787), and the Nonprofit Athletic Organization Protection Act of 2003 (H.R. 3369).
Date: September 15, 2004
Creator: Cohen, Henry
Partner: UNT Libraries Government Documents Department

Awards of Attorneys' Fees by Federal Courts and Federal Agencies

Description: In the United States, the general rule, which derives from common law, is that each side in a legal proceeding pays for its own attorney. There are many exceptions, however, in which federal courts, and occasionally federal agencies, may order the losing party to pay the attorneys' fees of the prevailing party. There are roughly two hundred statutory exceptions, which were generally enacted to encourage private litigation to implement public policy.
Date: June 20, 2008
Creator: Cohen, Henry
Partner: UNT Libraries Government Documents Department

Brief Summaries of Federal Animal Protection Statutes

Description: This report contains summaries of federal animal protection statutes, listed alphabetically. It does not include treaties, although it does include statutes enacted to implement treaties. It includes statutes concerning animals that are not entirely, or not at all, animal protection statutes. For example, it includes a statute authorizing the eradication of predators, because one of the statute's purposes is to protect domestic and "game" animals; and it includes statutes to conserve fish, although their ultimate purpose may not be for the fishes' benefit. It also includes statutes that allow the disabled to use service animals, and even includes statutes aimed at acts of animal rights advocates (the Animal Enterprise Protection Act of 1992, and the Recreational Hunting Safety and Preservation Act of 1994).
Date: December 18, 2008
Creator: Cohen, Henry
Partner: UNT Libraries Government Documents Department

The "Son of Sam" Case: Legislative Implications

Description: In Simon & Schuster, Inc. v. Members of the new York State Crime Victims Board, the U.S. Supreme Court held that New York State's "Son of Sam" law was inconsistent with the First Amendment's guarantee of freedom of speech and press. This report examines the Supreme Court decision and then considers whether its rationale renders the federal law unconstitutional. Concluding that it likely does, the report considers whether it would be possible to enact a constitutional Son-of-Sam statute. Finally, the report takes note of some state Son-of-Sam statutes that have been enacted since the Supreme Court decision.
Date: November 30, 1998
Creator: Cohen, Henry
Partner: UNT Libraries Government Documents Department

Brief Summaries of Federal Animal Protection Status

Description: This report contains brief summaries of federal animal protection statutes, listed alphabetically. It does not include treaties, although it does include statutes enacted to implement treaties. It includes statutes concerning animals that are not entirely, or not at all, animal protection statutes. For example, it includes a statute authorizing the eradication of predators, because one of the statute’s purposes is to protect domestic and “game” animals; and it includes statutes to conserve fish, although their ultimate purpose may not be for the fishes’ benefit. It also includes statutes that allow the disabled to use service animals, and even includes statutes aimed at acts of animal rights advocates (the Animal Enterprise Protection Act of 1992, and the Recreational Hunting Safety and Preservation Act of 1994).
Date: October 16, 2006
Creator: Cohen, Henry
Partner: UNT Libraries Government Documents Department