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The Good Cause Exception to Notice and Comment Rulemaking: Judicial Review of Agency Action

Description: This report will examine judicial analysis of the good cause standard and map several factors that lead courts to uphold or reject agencies' invocation of the exception. Federal agencies issue numerous rules pursuant to congressionally delegated authority. The Administrative Procedure Act's (APA's) "good cause" exception, however, permits agencies to forgo Section 553's notice and comment requirement if "the agency for good cause finds" that compliance would be "impracticable, unnecessary, or contrary to the public interest" and to bypass its requirement that rules be published 30 days before implementation if good cause exists.
Date: January 29, 2016
Creator: Cole, Jared P.
Partner: UNT Libraries Government Documents Department

Federal and State Quarantine and Isolation Authority

Description: This report provides an overview of federal and state public health laws as they relate to the quarantine and isolation of individuals and a discussion of constitutional issues that may be raised should individual liberties be restricted in a quarantine or isolation situation.
Date: October 9, 2014
Creator: Cole, Jared P.
Partner: UNT Libraries Government Documents Department

General Policy Statements: Legal Overview

Description: This report examines one type of guidance document of particular recent prominence: agency policy statements. It explores judicial doctrine regarding the difference between legislative rules and statements of policy; discusses when such statements are judicially reviewable; analyzes when courts will grant deference to agency interpretations contained in guidance documents; and notes the relative costs and benefits of potential judicial and statutory rules regarding their use.
Date: April 14, 2016
Creator: Cole, Jared P. & Garvey, Todd
Partner: UNT Libraries Government Documents Department

Sentencing Reform: Comparison of Selected Proposals

Description: This report is a comparison of selected criminal sentencing reform bills as introduced: H.R. 3713, H.R. 2944, S. 502, and H.R. 920; and S. 2123 as passed by the Senate Judiciary Committee with a manager's amendment).
Date: October 26, 2015
Creator: Cole, Jared P. & Doyle, Charles
Partner: UNT Libraries Government Documents Department

Impeachment and Removal

Description: This report discusses the impeachment process, which provides a mechanism for removal of the President, Vice President, and other "civil Officers of the United States" found to have engaged in "treason, bribery, or other high crimes and misdemeanors."
Date: October 29, 2015
Creator: Cole, Jared P. & Garvey, Todd
Partner: UNT Libraries Government Documents Department

D.C. Circuit Court Upholds as Constitutional the Structure of the CFPB: Part 2

Description: This report discusses the decision of the D.C. Circuit Appeals Court which upheld the structural design of the Consumer Financial Protection Bureau (CFPB). This report is Part II of a two part series and will address some of the separate opinions issued in the case and then highlight certain implications for Congress.
Date: February 12, 2018
Creator: Garvey, Todd & Cole, Jared P.
Partner: UNT Libraries Government Documents Department

Special Counsels, Independent Counsels, and Special Prosecutors: Legal Authority and Limitations on Independent Executive Investigations

Description: This report analyzes the use of special prosecutors and independent counsels that were authorized under now-expired provisions of the Ethics in Government Act of 1978, as well as the use of special counsels that are currently authorized by DOJ regulations. A glossary of terms at the beginning of the report briefly defines these italicized terms (see Table 1). The report continues with an examination of various constitutional issues relevant to these efforts.
Date: April 13, 2018
Creator: Brown, Cynthia & Cole, Jared P.
Partner: UNT Libraries Government Documents Department

D.C. Circuit Court Upholds as Constitutional the Structure of the CFPB: Part 1

Description: This report discusses the decision of the D.C. Circuit Appeals Court which upheld the structural design of the Consumer Financial Protection Bureau (CFPB). This report begins with a brief summary of the Supreme Court's views of the President's removal power before addressing the PHH litigation and the en banc majority opinion. Part II of this series will address some of the separate opinions issued in the case and then highlight certain implications for Congress.
Date: February 12, 2018
Creator: Garvey, Todd & Cole, Jared P.
Partner: UNT Libraries Government Documents Department

"Chevron" Deference: A Primer

Description: This report discusses the Chevron decision (which set up the current process for judicial review of regulatory agencies), explains the circumstances in which the Chevron doctrine applies, explores how courts apply the two steps of Chevron, and highlights some criticisms of the doctrine, with an eye towards the potential future of Chevron deference.
Date: September 19, 2017
Creator: Brannon, Valerie C. & Cole, Jared P.
Partner: UNT Libraries Government Documents Department

Who's the Boss at the CFPB?

Description: This report discusses an ongoing dispute over who the new acting director of the Consumer Financial Protection Bureau (CFPB) is following the resignation of the past director on Nov. 24., 2017. President Trump appointed Mick Mulvaney as the acting director, but the past director had already appointed Leandra English who has filed a lawsuit and asked for a temporary restraining order preventing Mulvaney from performing the duties of director. This report outlines the merits of the case and the President's power to fill vacancies under the Vacancies Act.
Date: November 28, 2017
Creator: Brannon, Valerie C. & Cole, Jared P.
Partner: UNT Libraries Government Documents Department

Update: Who's the Boss at the CFPB

Description: This report is an update regarding the acting director of the Consumer Financial Protection Bureau, as there were two indivuduals who claimed the right to the job. The Trump Administration appointed acting director, Mick Mulvaney, was confirmed in his position after a lawsuit filed by the previous acting director, Leandra English, was denied by the DC courts.
Date: January 11, 2018
Creator: Brannon, Valerie C. & Cole, Jared P.
Partner: UNT Libraries Government Documents Department

The Measles: Background and Federal Role in Vaccine Policy

Description: This report presents basic information about measles, its history in the United States, available treatments to prevent individuals from contracting measles, and the federal role in combating measles--from funding, to research, to the authority of the federal government in requiring mandatory childhood vaccinations.
Date: February 9, 2015
Creator: Barry, Matthew B. & Cole, Jared P.
Partner: UNT Libraries Government Documents Department

Mandatory Vaccinations: Precedent and Current Laws

Description: This report provides an overview of the legal precedent for mandatory vaccination laws, and of state laws that require certain individuals or populations, including school-aged children and health care workers, to be vaccinated against various communicable diseases. Also discussed are state laws providing for mandatory vaccinations during a public health emergency or outbreak of a communicable disease.
Date: May 21, 2014
Creator: Cole, Jared P. & Swendiman, Kathleen S.
Partner: UNT Libraries Government Documents Department

Administrative Law Primer: Statutory Definitions of "Agency" and Characteristics of Agency Independence

Description: This report explores several important statutes that regulate agencies and these statutes' respective definitions of "agency." These statutes include the Administrative Procedure Act, the Freedom of Information Act, the Federal Records Act, statutes governing federal employees, and the Paperwork Reduction Act.
Date: May 22, 2014
Creator: Cole, Jared P. & Shedd, Daniel T.
Partner: UNT Libraries Government Documents Department

Deference and its Discontents: Will the Supreme Court Overrule Chevron?

Description: The Chevron deference is a seminal administrative law doctrine established by the Court's opinion in the 1984 case of Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. As several members of the Supreme Court are critical of the doctrine, this report discusses the possibility of the Court reconsidering Chevron in the near future.
Date: October 11, 2018
Creator: Brannon, Valerie C. & Cole, Jared P.
Partner: UNT Libraries Government Documents Department

Supreme Court October Term 2017: A Review of Selected Major Rulings

Description: This report highlights seven notable cases from the October Term 2017 that could impact the work of Congress: (1) Epic Systems Corp. v. Lewis; (2) Carpenter v. United States; (3) Murphy v. National Collegiate Athletic Association (NCAA); (4) Janus v. American Federation of State, County, and Municipal Employees, Council 31 (AFSCME); (5) National Institute of Family and Life Advocates (NIFLA) v. Becerra; (6) Trump v. Hawaii; and (7) Lucia v. Securities and Exchange Commission (SEC). For each case it provides background information, summarizes the arguments presented to the Court, explains the Court's ruling, and examines the potential implications for Congress, including the ramifications for the jurisprudence in a given area of law.
Date: September 19, 2018
Creator: Nolan, Andrew; Brannon, Valerie C.; Cole, Jared P.; Freeman, Wilson C. & Harrington, Ben
Partner: UNT Libraries Government Documents Department