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The Wetlands Coverage of the Clean Water Act is Revisited by the Supreme Court:: Rapanos v. United States

Description: Twice in the past, the Supreme Court has grappled with issues as to the geographic scope of the wetlands permitting program in the federal Clean Water Act (CWA). On October 11, 2005, the Supreme Court agreed to hear two more cases (consolidated by the Court) addressing such questions — both from the SixthCircuit. In Rapanos v. United States, the issue is whether the permitting program applies to wetlands that are only distantly connected to traditional navigable waters — i.e., or at least do not actually abut them. In Carabell v. U.S. Army Corps of Engineers, the issue is whether the program reaches wetlands that are not hydrologically connected to any “water of the United States,” the CWA term that defines the act’s geographic reach. Both cases also raise a constitutional question: assuming that the disputed CWA coverage exists, did Congress, in enacting the CWA, exceed its authority under the Commerce Clause of the Constitution? Implicating hot-button legal issues such as federal-state relations under the Commerce Clause and private property rights, and affecting the reach of several CWA provisions outside the permitting program, the Court’s decision is sure to be of great interest.
Date: January 9, 2009
Creator: Copeland, Claudia
Partner: UNT Libraries Government Documents Department
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Supreme Court Opinions: October 2004 Term

Description: This report contains synopses of Supreme Court decisions issued from the beginning of the October 2004 Term through the end of the Term on June 27, 2005. Included in this listing are all cases decided by signed opinion and selected cases decided per curiam. In addition to the summary, the date of decision is indicated and cites to United States Law Week and West’s Supreme Court Reporter are provided. Following each synopsis, the vote on the Court’s holding is indicated in bold typeface, and authors of the Court’s opinion and of any concurring and dissenting opinions, along with the Justices who joined those opinions, are identified. Cases are listed alphabetically, and a subject index is appended. These synopses are prepared throughout the Term and can be accessed through the CRS Home Page ([http://www.crs.gov/reference/general/law/04_term.shtml]), which also provides links from the synopses to the full texts of the Court’s opinions.
Date: July 27, 2005
Creator: Costello, George
Partner: UNT Libraries Government Documents Department
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Analysis of the United States Supreme Court Decisions Regarding Abortions: Roe v. Wade No. 70-18 and Doe v. Bolton, No. 70-40, Decided January 22, 1973

Description: This report discusses the Supreme Court decision of Roe v. Wade and its companion case of Doe v. Bolton that legalized abortion nationally. The report analyzes the legal basis for the decision, the history of the cases through the courts, and the effects of the decision.
Date: February 9, 1973
Creator: Sargent, John D.
Partner: UNT Libraries Government Documents Department
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Analysis of the United States Supreme Court Decisions Regarding Abortions: Roe v. Wade No. 70-18 and Doe v. Bolton, No. 70-40, Decided January 22, 1973

Description: This report discusses the Supreme Court decision of Roe v. Wade and its companion case of Doe v. Bolton that legalized abortion nationally. The report analyzes the legal basis for the decision, the history of the cases through the courts, and the effects of the decision.
Date: February 9, 1973
Creator: Sargent, John D.
Partner: UNT Libraries Government Documents Department
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A Sketch of Supreme Court Recognition of Fifth Amendment Protection for Acts of Production

Description: This report discusses privilege under the Court Recognition of Fifth Amendment Protection for Acts of Production. The privilege covers an individual’s actions rather than his speech or writing, yet many incriminating actions such as providing a blood sample or a handwriting sample are ordinarily not protected because they are not testimonial.
Date: January 6, 2004
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department
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The Americans with Disabilities Act: Supreme Court Decisions

Description: The Americans with Disabilities Act (ADA) provides broad nondiscrimination protection for individuals with disabilities in employment, public services, public accommodations and services operated by private entities, transportation, and telecommunications. Enacted in 1990, the ADA is a civil rights statute that has as its purpose “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” It has been the subject of numerous lower court decisions, and the Supreme Court has decided 20 ADA cases, most recently United States v. Georgia. This report examines the Supreme Court decisions on the ADA.
Date: December 12, 2007
Creator: Jones, Nancy Lee
Partner: UNT Libraries Government Documents Department
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Post-Heller Second Amendment Jurisprudence

Description: This report examines the scope of the Second Amendment, as interpreted by the federal circuit courts of appeals, after the watershed Supreme Court decisions in District of Columbia v. Heller and McDonald v. City of Chicago.
Date: September 7, 2016
Creator: Herman, Sarah S.
Partner: UNT Libraries Government Documents Department
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The Pendulum Swings Back: Standing Doctrine After

Description: On January 12, 2000, the Supreme Court held in Friends of the Earth v. Laidlaw that plaintiffs had standing to pursue a Clean Water Act citizen suit, despite the fact that (1) the company-defendant had achieved compliance prior to the district court's decision, (2) plaintiffs sought only civil penalties payable to the U.S. Treasury, and (3) plaintiffs had demonstrated only reasonable concern, not physical injury to the environment. In so holding, the Court appeared to retrench substantially from its environmental standing decisions of the 1990s, which had all gone against plaintiffs. In the wake of Laidlaw, environmental citizen suits will be easier to bring. This report will not be updated.
Date: March 14, 2000
Creator: Meltz, Robert
Partner: UNT Libraries Government Documents Department
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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
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Jrisdiction Stripping: When May Congress Prohibit the Courts from Hearing a Case?

Description: This report discusses the Supreme Court case of "Patchak v. Zinke" and its relevance to Congress. It begins by briefly describing the Court's prior attempts to demarcate the boundaries of Congress's power to take cases away from the federal judiciary. It then discusses the facts and opinions in Patchak and analyzes the effect Patchak may have on Congress's legislative objectives.
Date: March 15, 2018
Creator: Lewis, Kevin M.
Partner: UNT Libraries Government Documents Department
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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
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Abortion: Judicial History and Legislative Response

Description: This report discusses legislative action related to abortion since the 1973 "Roe v. Wade" decision. Topics covered include Major Supreme Court cases related to abortion, restrictions on federal funding being used for abortions, and previous and current legislative actions related to abortion restriction.
Date: September 29, 2017
Creator: Shimabukuro, Jon O.
Partner: UNT Libraries Government Documents Department
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Supreme Court October Term 2016: A Review of Select Major Rulings

Description: This report highlights four particularly notable cases the Court heard and ruled on during the October 2016 term: Matal v. Tam, which examines the interplay between the First Amendment and trademark law; Sessions v. Morales-Santana, a case exploring the relationship between immigration law and the Court's Equal Protection jurisprudence; Trinity Lutheran Church of Columbia, Inc. v. Comer, the latest chapter in the Court's Free Exercise jurisprudence; and Ziglar v. Abbasi, a case limiting the types of damages claims that can be asserted against federal officers for alleged constitutional violations under the Bivens doctrine. Each case is addressed in a separate section below, which provides background information on the case; summarizes the arguments that were presented to the Court; explains the Court's ultimate ruling; and examines the implications that the Court's ruling could have for Congress, including broader ramifications for jurisprudence in a given area of law.
Date: September 15, 2017
Creator: Nolan, Andrew; Brown, Cynthia; Garcia, Michael John; Lewis, Caitlin Devereaux & Peck, Sarah Herman
Partner: UNT Libraries Government Documents Department
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Six Justice Court to Decide Liability of Officials for Post 9/11 Detention

Description: This report discusses a Supreme Court case regarding whether men detained after 9/11 by federal authorities can sue the individual officials involved in their arrest and detainment that was due to be heard by a six justice court due to the death of Justice Scalia and the recusements of two other justices.
Date: March 7, 2017
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department
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Mandatory Arbitration and the Federal Arbitration Act

Description: This report examines the Federal Arbitration Act (FAA) and reviews the Supreme Court's decisions involving the statute's preemption of state law requirements. The report also explores the Court's decisions involving mandatory arbitration agreements that prohibit a consumer or employee from maintaining a class or collective action. In its October 2017 term, the Supreme Court will consider three consolidated cases that challenge such agreements on the grounds that they violate the right to engage in "other concerted activities" under the National Labor Relations Act (NLRA).
Date: September 20, 2017
Creator: Shimabukuro, Jon O. & Staman, Jennifer A.
Partner: UNT Libraries Government Documents Department
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Supreme Court Reiterates Congress's Exclusive Role in Regulating Lower Federal Court Jurisdiction

Description: This report discusses the Supreme Court's decision in "Hamer v. Neighborhood Housing Service of Chicago" which affirmed that only the legislative branch may make rules governing the inferior federal courts' subject-matter jurisdiction.
Date: November 29, 2017
Creator: Peck, Sarah Herman
Partner: UNT Libraries Government Documents Department
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Partisan Gerrymandering: Supreme Court Provides Guidance on Standing and Maintains Legal Status Quo

Description: This report discusses the Supreme Court's ruling in the case of Gill v. Whitford. On June 18, 2018 the Supreme Court ruled that in order to establish standing to sue upon a claim of unconstitutional partisan gerrymandering on the basis of vote dilution, challengers must allege injuries to their interests as voters in individual districts. Topics discussed include Supreme Court precedent, case background, and implications for the future.
Date: July 2, 2018
Creator: Whitaker, L. Paige
Partner: UNT Libraries Government Documents Department
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Wagnon v. Prairie Band Potawatomi Nation: State Tax on Motor Fuels Distributed to Indian Tribal Retailers

Description: This report discusses the U.S. Supreme Court decison, in Wagnon v. Prairie Band Potawatomi Nation (No. 94-631), which upheld the application of a non-discriminatory Kansas motor fuels tax to gasoline sold by off-reservation distributors to Indian tribal retailers for on-reservation sales.
Date: December 9, 2005
Creator: Murphy, M. Maureen
Partner: UNT Libraries Government Documents Department
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New York Times Co. v. Tasini: The U.S. Supreme Court Affirms “Authorial” Rights in Copyright

Description: This report examines the U.S. Supreme Court’s opinion in New York Times Co. v. Tasini. This case considers whether, under the U.S. Copyright Act, 17 U.S.C. § 201(c), publishers are “privileged” to include the copyrighted articles of freelance authors in an electronic database.
Date: July 13, 2001
Creator: Jeweler, Robin
Partner: UNT Libraries Government Documents Department
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