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Only Minimal Impact on Commerce Needed for Attempted Bombing

Description: This report discusses the decision of the United States Court of Appeals for the Eleventh Circuit in the United States v. Suarez case, that a minimal impact on commerce is sufficient to satisfy the jurisdictional requirement of the federal weapons of mass destruction statute. This decision seems to reflect a growing willingness of federal appellate courts to read broadly Congress's Commerce Clause powers.
Date: July 26, 2018
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department
open access

Update: The Microsoft Ireland Decision: U.S. Appeals Court Rules that ECPA does not Require Internet Service Providers to Produce Electronic Communications Stored Overseas

Description: This report discusses the decision of the U.S. Court of Appeals for the Second Circuit in the case of "Microsoft Corporation v. United States" where the court ruled that the U.S. could not enforce a subpoena asking Microsoft to retrieve emails stored on a server in Ireland. On June 28, 2017 the United States filed for reversal of the decision through a writ of certiorari in the Supreme Court.
Date: June 28, 2017
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department
open access

The Obscenity Issue and the 92nd Congress

Description: This report discusses proposed and passed legislation during the 92nd Congress related to the regulation of pornographic and obscene material being sent through the mail or being accessible by minors as well as related court decisions.
Date: February 7, 1972
Creator: Donaho, Elizabeth
Partner: UNT Libraries Government Documents Department
open access

The Qualification of Minor and New Political Parties and Independent Candidates for a Place on the General Election Ballot: A Compilation of State Laws and an Introductory Analysis of Selected Court Decisions

Description: This report provides a listing of state laws governing the placing of independent candidates and candidates from minor or new political parties onto the ballot as well as discussing court decisions related to the subject.
Date: December 3, 1974
Creator: Thorton, Robert; Glass, Stuart; Yadlosky, Elizabeth; Durbin, Thomas M. & Ripy, Thomas B.
Partner: UNT Libraries Government Documents Department
open access

The Application of the "One Central Reason: Standard in Asylum and Withholding of Removal Cases

Description: This report discusses asylum and withholding of removal immigration cases, and the application of the "one central reason" rule which dictates that asylum claimants demonstrate that an approved persecution grounds is one of the central reason they are claiming asylum. The same standard has been used in withholding of removal claim cases but a recent ruling by the U.S. Ninth Circuit Court stated that the "one central reason" rule does not apply to withholding of removal cases creating a split in… more
Date: December 18, 2017
Creator: Smith, Hillel R.
Partner: UNT Libraries Government Documents Department
open access

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
open access

Killing Endangered Species: What's Reasonable Self-Defense?

Description: This report discusses the case of "United States v. Wallen" in the United States Court of Appeals for the Ninth Circuit; it concerns a man who killed a grizzly bear cub in violation of the Endangered Species Act and claimed self-defense. It outlines the court ruling that the man enjoys a complete defense if he "actually, even if unreasonably, believe[s] his actions were necessary to protect himself or others" and discusses the implications of the decision.
Date: November 29, 2017
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department
open access

Supreme Court to Hear Voter Roll Case: What are the Implications?

Description: This report discusses the Supreme Court case of "Husted v. Phillip Randolph Institute," which charges the state of Ohio with violating the National Voter Registration Act (NVRA) through their secondary voter registration maintenance program which removes people from the voter rolls due to inactivity. It discusses a brief history of the case before its coming to the Supreme Court and possible implications of the decision.
Date: January 9, 2018
Creator: Whitaker, L. Paige
Partner: UNT Libraries Government Documents Department
open access

Help Wanted: Supreme Court Holds Vacancies Act Prohibits Nominees from Serving as Acting Officers

Description: This report discusses the Federal Vacancies Reform Act of 1998 and a recent Supreme Court case decision in "NLRB v SW General Inc." related to acting officials filling Presidential nominated positions under the Vacancies Act.
Date: June 28, 2017
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department
open access

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 bre… more
Date: July 5, 2017
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department
open access

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
open access

The Travel Ban Case and Nationwide Injunctions

Description: This report addresses when, if ever, a regional federal trial judge adjudicating a case involving the federal government can award nationwide injunctive relief--a court order that commands a party to take or refrain from taking some action throughout the country. In the context of a suit against the federal government, an injunction with this type of "universal" effect acts to effectively void the law or policy in question. This report briefly explores the nationwide injunction at issue in the… more
Date: May 2, 2018
Creator: Freeman, Wilson C.
Partner: UNT Libraries Government Documents Department
open access

Federal Reserved Water Rights and Groundwater: Quantity, Quality, and Pore Space

Description: This report discusses Native American tribes rights to groundwater on tribal land and the recent Supreme Court decision to not review the decision of the Ninth Circuit Court which upheld the groundwater rights of a California Tribe. The concepts of quantity, quality, and pore space as related to groundwater are also discussed.
Date: February 8, 2018
Creator: Folger, Peter
Partner: UNT Libraries Government Documents Department
open access

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
Partner: UNT Libraries Government Documents Department
open access

Supreme Court Considering Second Partisan Gerrymandering Case This Term

Description: This report discusses the Supreme Court case of "Benisek v. Lamone" which involves a challenge to a Maryland congressional district map on the basis that it was drawn as a part of partisan gerrymandering. Previous Supreme Court cases involving gerrymandering and background on this case is included.
Date: April 2, 2018
Creator: Whitaker, L. Paige
Partner: UNT Libraries Government Documents Department
open access

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
open access

Fannie and Freddie Investors Turn to Congress After the Supreme Court Declines to Resurrect Their Legal Claims

Description: This report discusses the Supreme Court's decision to decline to review the case of "Perry Capital LLC. v. Murchin" which denied the claims of Fannie Mae and Freddie Mac shareholders against the federal government. It also discusses some of the plaintiffs desire to seek legislative reform from Congress to change the law governing profit transfers from Fannie Mae and Freddie Mac.
Date: March 16, 2018
Creator: Carpenter, David H.
Partner: UNT Libraries Government Documents Department
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