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Unauthorized Aliens, Higher Education, In-State Tuition, and Financial Aid: Legal Analysis

Description: This report surveys key legal issues pertaining to unauthorized alien students' access to higher education, in-state tuition, and financial aid. The existence of a sizable population of "DREAMers" in the United States has prompted questions about these topics. The term DREAMer is widely used to describe aliens who were brought to the United States as children and raised in the U.S., but lack legal immigration status.
Date: January 11, 2016
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department

The Buy American Act--Preferences for "Domestic" Supplies: In Brief

Description: This report discusses the Buy American Act of 1933, which is the earliest and arguably the best known of various statutes regarding federal procurement of domestic products. The act attempts to protect U.S. businesses and labor by restricting the acquisition and use of end products or construction materials that are not "domestic."
Date: April 26, 2016
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department

Aliens' Right to Counsel in Removal Proceedings: In Brief

Description: This report provides an overview of the various legal authorities governing aliens' right to counsel--as that term is broadly understood--in removal proceedings. It does not address aliens' right to counsel in criminal proceedings, the outcomes of which could potentially affect their ability to remain in the United States under immigration law.
Date: March 17, 2016
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department

State Challenges to Federal Enforcement of Immigration Law: From the Mid-1990s to the Present

Description: This report provides an overview of challenges by states to federal officials' alleged failure to enforce provisions of immigration law. It begins by discussing (1) the lawsuits filed by six states in the mid-1990s; (2) Arizona's counterclaims to the federal government's suit to enjoin enforcement of S.B. 1070; and (3) Mississippi's challenge to the Deferred Action for Childhood Arrivals (DACA) initiative. It then describes the challenge brought by over 25 states or state officials in December 2014 to the Obama Administration's proposal to expand DACA and create a similar program for unauthorized aliens whose children are U.S. citizens or lawful permanent resident aliens (LPRs) (commonly known as DAPA).
Date: August 1, 2016
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department

Debarment and Suspension of Government Contractors: An Overview of the Law Including Recently Enacted and Proposed Amendments

Description: The amount spent on government contracts, coupled with widely reported contractors misconduct, has generated congressional interest in debarment and suspension. The 110th Congress enacted several bills addressing debarment and suspension, including the Sudan Accountability and Divestment Act, and several others, all of which are detailed in this report.
Date: November 19, 2008
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department

The Google Library Project: Is Digitization for Purposes of Online Indexing Fair Use Under Copyright Law?

Description: The Google Book Search Library Project, announced in December 2004, raised important questions about infringing reproduction and fair use under copyright law. Google planned to digitize, index, and display "snippets" of print books in the collections of five major libraries without the permission of the books' copyright holders, if any. Google's proposed reproduction and display of copyrighted books was not authorized by the rights holders, who alleged that the Google Library Project infringed their copyrights. This report provides background on the Library Project, legal issues raised by digitization and indexing projects, and the proposed settlement.
Date: July 6, 2009
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department

Immigration Detainers: Legal Issues

Description: Report that surveys the various authorities governing immigration detainers, including the standard detainer form (Form I-247) sent by ICE to other law enforcement agencies. The report also discusses key legal issues raised by immigration detainers.
Date: August 31, 2012
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department

Immigration Detainers: Legal Issues

Description: Report that provides background information regarding the Immigration and Naturalization Service rules and regulations and discusses the "immigration detainer", a document by which U.S. Immigration and Customs Enforcement (ICE) advises other law enforcement agencies that it seeks custody of individual aliens whom these agencies are detaining.
Date: May 29, 2013
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department

Responsibility Determinations Under the Federal Acquisition Regulation: Legal Standards and Procedures

Description: This report discusses the standards and procedures that federal agencies use in making responsibility determinations under the Federal Acquisition Regulation (FAR). It discusses (1) how responsibility determinations relate to other mechanisms that the government relies upon to ensure that contractors are responsible and otherwise eligible for federal contracts; (2) the performance-related and collateral standards used in making responsibility determinations; (3) the procedures for making responsibility determinations; and (4) recently enacted or proposed amendments to the standards or procedures for responsibility determinations.
Date: January 20, 2011
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department

Responsibility Determinations Under the Federal Acquisition Regulation: Legal Standards and Procedures

Description: This report discusses the standards and procedures that federal agencies use in making responsibility determinations under the Federal Acquisition Regulation (FAR). It discusses (1) how responsibility determinations relate to other mechanisms that the government relies upon to ensure that contractors are responsible and otherwise eligible for federal contracts; (2) the performance-related and collateral standards used in making responsibility determinations; (3) the procedures for making responsibility determinations; and (4) recently enacted or proposed amendments to the standards or procedures for responsibility determinations.
Date: October 1, 2010
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department

Competition in Federal Contracting: An Overview of the Legal Requirements

Description: This report describes the competition requirements currently governing the procurement activities of federal agencies. It addresses several issues, including what contracts are subject to competition requirements, what constitutes full and open competition for government contracts, and the circumstances permitting agencies to award contracts on the basis of other than full and open competition. It also briefly describes the benefits and drawbacks of competition, situates recent reform efforts within their historical context, and discusses how the policy debates surrounding competition in federal contracting can shape legislative responses.
Date: January 10, 2011
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department

Definitions of "Inherently Governmental Function" in Federal Procurement Law and Guidance

Description: This report surveys the definitions of inherently governmental function given in Policy Letter 11- 01, the FAIR Act, and other sources. It also notes specific functions that have been designated as inherently governmental or commercial by statute, regulation, policy, or Government Accountability Office (GAO) or judicial decision. Its primary focus is upon government-wide statutes, regulations, and policy documents, not agency-specific ones.
Date: December 23, 2014
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department

State Challenges to Federal Enforcement of Immigration Law: Historical Precedents and Pending Litigation

Description: This report provides an overview of prior and pending challenges by states to federal officials' alleged failure to enforce the Immigration and Nationality Act (INA) or other provisions of immigration law. It begins by discussing the lawsuits filed by six states in the mid-1990s; Arizona's counterclaims to the federal government's suit to enjoin enforcement of S.B. 1070; and Mississippi's challenge to the Deferred Action for Childhood Arrivals (DACA) initiative. It then describes the challenge brought by over 20 states in 2014 to the recently announced expansion of DACA and the creation of a similar program for unlawfully present aliens whose children are U.S. citizens or lawful permanent resident aliens (LPRs). The report concludes by exploring how the pending litigation resembles, and differs from, the prior litigation.
Date: December 31, 2014
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department

Evaluating the "Past Performance" of Federal Contractors: Legal Requirements and Issues

Description: This report provides an overview of existing legal requirements pertaining to past performance, including the issues raised by federal contractors' attempts to challenge agency evaluations of their past performance, source selection decisions based, in part, on consideration of past performance information, and responsibility determinations. It also surveys recently enacted and proposed legislation and executive branch initiatives related to evaluations of past performance.
Date: February 5, 2015
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department

The Google Library Project: Is Digitization for Purposes of Online Indexing Fair Use Under Copyright Law?

Description: In December 2004, Google announced its Library Project, which was to entail digitizing, indexing, and displaying "snippets" of print books in the collections of five major libraries, among other things. The Library Project was not limited to books in the public domain (e.g., books whose terms of copyright protection had expired), and Google did not seek the permission of copyright holders, in part, because it asserted that its proposed uses were fair uses. Many authors, publishers, and other rights holders disagreed. This report provides background on the Library Project, legal issues raised by digitization and indexing projects, and the status of the litigation over the Library Project.
Date: May 5, 2010
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department

The Google Library Project: Is Digitization for Purposes of Online Indexing Fair Use Under Copyright Law?

Description: In December 2004, Google announced its Library Project, which was to entail digitizing, indexing, and displaying "snippets" of print books in the collections of five major libraries, among other things. The Library Project was not limited to books in the public domain (e.g., books whose terms of copyright protection had expired), and Google did not seek the permission of copyright holders, in part, because it asserted that its proposed uses were fair uses. Many authors, publishers, and other rights holders disagreed. This report provides background on the Library Project, legal issues raised by digitization and indexing projects, and the status of the litigation over the Library Project.
Date: November 27, 2009
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department

The Jurisprudence of Justice John Paul Stevens: The Constitutionality of Congressional Term Limits and the Presidential Line Item Veto

Description: While the Supreme Court seems unlikely to address the constitutionality of term limits or the line-item veto in the future, Justice Stevens's conclusion that the absence of constitutional provisions expressly authorizing the exercise of certain powers constitutes a denial of these powers seems likely to influence the Court in the future, particularly in cases involving what Justice Kennedy and others have characterized as "horizontal" or "vertical" separation of powers.
Date: May 18, 2010
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department

Contract Types: Legal Overview

Description: This report provides an overview of the various contract types (e.g., fixed-price, cost-reimbursement) used in federal procurement and the legal requirements and issues pertaining to each. The types of contracts used by federal agencies have long been of interest to Congress and the executive branch, as they have sought to ensure that the most appropriate type of contract is used to acquire particular supplies or services.
Date: December 29, 2014
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department

Contract Types: An Overview of the Legal Requirements and Issues

Description: This report provides an overview of the various contract types (e.g., fixed-price, cost-reimbursement) used in federal procurement and the legal requirements and issues pertaining to each. Current congressional and public interest in contract types is, in part, an outgrowth of the reported increase in the use of cost-reimbursement contracts during the George W. Bush Administration and the Obama Administration's proposal to reduce by at least 10% the funds obligated by "high risk-contracting authorities," such as cost-reimbursement, time-and-materials, and labor-hour contracts, in FY2010.
Date: August 24, 2010
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department

Responsibility Determinations Under the Federal Acquisition Regulation: Legal Standards and Procedures

Description: This report discusses the standards and procedures that federal agencies use in making responsibility determinations under the Federal Acquisition Regulation (FAR). As a general rule, government agencies contract with the lowest qualified responsible bidder or offeror. Responsibility is an attribute of the contractor, while price and qualifications are attributes of the bid or offer. Under the FAR, "[n]o purchase or award shall be made unless the contracting officer makes an affirmative determination of responsibility."
Date: August 18, 2010
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department