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Nomination and Confirmation of Lower Federal Court Judges in Presidential Election Years

Description: This report seeks to shed light on whether Senate processing of lower court nominations, particularly to the courts of appeals, has tended over recent decades to slow down in presidential election years. The report begins by reviewing recent debate, and historical events dating back to 1980, concerning whether the Senate and its Judiciary Committee customarily observe a practice referred to as the "Thurmond rule." Next, the report provides narratives on each presidential election year from 1980 to 2004, reviewing Senate and committee actions taken on court of appeals and district court nominations in each of the years. The report then compares these years quantitatively, examining the number and percent of nominations processed and the last dates of committee and Senate action taken.
Date: August 13, 2008
Creator: Rutkus, Denis Steven & Scott, Kevin M.
Partner: UNT Libraries Government Documents Department

Congressional Power to Create Federal Courts: A Legal Overview

Description: This report provides an overview of this often difficult and misunderstood area of law, beginning with a discussion of the various types of federal tribunals. The report continues by noting the rationales for why Congress established the breadth of different courts that exist today and concludes with a discussion of the various factors and relevant issues that limit Congress's discretion in establishing federal courts.
Date: October 1, 2014
Creator: Nolan, Andrew & Thompson, Richard M., II
Partner: UNT Libraries Government Documents Department

Federal Agency Actions Following the Supreme Court's Climate Change Decision in Massachusetts v. EPA: A Chronology

Description: This report presents a chronology of major federal agency actions related to environmental concerns following the decision of Massachusetts v. EPA; it particularly looks at actions of the Environmental Protection Agency (EPA). In Massachusetts v. EPA, the Supreme Court held that greenhouse gases (GHGs), widely viewed as contributing to climate change, constitute "air pollutants" as that phrase is used in the Clean Air Act (CAA).
Date: August 29, 2013
Creator: Meltz, Robert
Partner: UNT Libraries Government Documents Department

Civil Pleading Requirements After Bell Atlantic Corporation v. Twombly and Ashcroft v. Iqbal

Description: This report discusses the U.S. Supreme Court 2007 and 2009 decisions, Bell Atlantic Corporation v. Twombly and Ashcroft v. Iqbal, governing whether a civil complaint filed in federal court will survive a motion to dismiss for failure to state a claim.
Date: July 1, 2010
Creator: Barbour, Emily C.
Partner: UNT Libraries Government Documents Department

Congress’s Power Under the Commerce Clause: The Impact of Recent Court Decisions

Description: This report will first review the current Supreme Court case law with respect to the Commerce Clause. Second, it will examine the analysis used and the results of the three lower court opinions. Finally, two areas of tension that appear to exist within the Court’s jurisprudence, and the potential implications that resolution of these conflicts may have on congressional power under the Commerce Clause will be examined.
Date: June 23, 2004
Creator: Tatelman, Todd B.
Partner: UNT Libraries Government Documents Department

Judiciary Appropriations FY2016

Description: This report provides an overview of the consideration of FY2016 judiciary appropriations, with subsections covering each major action, including the initial submission of the request on February 2, 2015; hearings held by the House and Senate Financial Services Subcommittees; and the House subcommittee markup on June 10, 2015. This overview is followed by a section on prior-year actions and funding and then an overview of judiciary accounts.
Date: June 18, 2015
Creator: Glassman, Matthew E.
Partner: UNT Libraries Government Documents Department

Nominations to Article III Lower Courts by President George W. Bush During the 110th Congress

Description: This report tracks nominations made by President George W. Bush to judgeships on the U.S. courts of appeals, the U.S. district courts, and the U.S. Court of International Trade — the lower courts on which, pursuant to Article III of the Constitution, judges serve "during good Behaviour." It lists and keeps count of all nominations made to these courts during the 110th Congress, including pertinent actions taken by the Senate Judiciary Committee and the full Senate. It also tracks the number of judicial vacancies on the courts (including vacancies classified by the federal judiciary as "judicial emergencies"), the number of nominations pending to fill the vacancies, and the names of the pending nominees. It presents the number of persons nominated by President Bush to each category of lower Article III court during his entire presidency (breaking down each total to show the number confirmed, pending, returned and not re-nominated, and withdrawn). Last, it provides tabular and graphical comparisons of President Bush's lower court nominee statistics with those of the four Presidents who immediately preceded him.
Date: October 20, 2008
Creator: Rutkus, Denis Steven & Bearden, Maureen
Partner: UNT Libraries Government Documents Department

Nominations to Article III Lower Courts by President George W. Bush During the 110th Congress

Description: This report tracks nominations made by President George W. Bush to judgeships on the U.S. courts of appeals, the U.S. district courts, and the U.S. Court of International Trade. It lists and keeps count of all nominations made to these courts during the 110th Congress, including pertinent actions taken by the Senate Judiciary Committee and the full Senate. It also tracks the number of judicial vacancies on the courts (including vacancies classified by the federal judiciary as "judicial emergencies"), the number of nominations pending to fill the vacancies, and the names of the pending nominees. It presents the number of persons nominated by President Bush to each category of lower Article III court during his entire presidency (breaking down each total to show the number confirmed, pending, returned and not re-nominated, and withdrawn). Last, it provides a tabular comparison of President Bush's lower court nominee statistics with those of the four Presidents who immediately preceded him.
Date: May 30, 2008
Creator: Rutkus, Denis Steven; Scott, Kevin M. & Bearden, Maureen
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. The major common law exception authorizes federal courts (not agencies) to order a losing party that acts in bad faith to pay the prevailing party’s fees. This report discusses the Equal Access to Justice Act (EAJA), which makes the United States liable for attorneys’ fees of up to $125 per hour in many court cases and administrative proceedings that it loses (and some that it wins) and fails to prove that its position was substantially justified.
Date: January 24, 2006
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

Statutory Interpretation: General Principles and Recent Trends

Description: The Supreme Court has expressed an interest "that Congress be able to legislate against a background of clear interpretive rules, so that it may know the effect of the language it adopts." This report identifies and describes some of the more important rules and conventions of interpretation that the Court applies. Although this report focuses primarily on the Court's methodology in construing statutory text, the Court's approach to reliance on legislative history are also briefly described.
Date: August 31, 2008
Creator: Kim, Yule
Partner: UNT Libraries Government Documents Department

President Bush's Judicial Nominations During the 101st and 102nd Congresses

Description: There are ten categories of courts (including the local courts of the District of Columbia) to which the President nominates judges. The report provides background and statistics concerning President Bush's judicial nominations in each court category as well as actions taken on those nominations by the United States Senate. Each of the report's ten sections discusses the composition and jurisdiction of the court in question and notes the committee to which nominations to this court were referred when received by the Senate. Also, statistics on judicial nominations received by the Senate during the four years of the Bush Presidency are presented.
Date: March 29, 1993
Creator: Rutkus, Denis Steven
Partner: UNT Libraries Government Documents Department

Judiciary Appropriations, FY2017

Description: The first section of this report provides an overview of the consideration of FY2017 judiciary appropriations, followed by a section on prior-year actions and funding. The report then provides an overview of judiciary accounts.
Date: August 3, 2016
Creator: Glassman, Matthew E.
Partner: UNT Libraries Government Documents Department

Length of Time from Nomination to Confirmation for U.S. Circuit and District Court Nominees: Overview and Policy Options to Shorten the Process

Description: This report seeks to inform the current debate over the nomination and confirmation for U.S. circuit and district court nominees in three ways: first, by providing an overview of the time taken by the Senate during recent presidencies to confirm U.S. circuit and district court nominees; second, by identifying potential consequences of a protracted confirmation process for such nominees; and third, by identifying policy options the Senate might consider to shorten the length of time from nomination to confirmation for U.S. circuit and district court nominees.
Date: November 20, 2013
Creator: McMillion, Barry J.
Partner: UNT Libraries Government Documents Department

Role of Home State Senators in the Selection of Lower Federal Court Judges

Description: This report examines the role played by Senators in the selection of nominees to two kinds of lower federal court judgeships. Specifically, the judgeships in question, over which Senators have historically played a role in nominee selection, are those (1) in the U.S. district courts lying geographically within the Senators' states and (2) in the U.S. court of appeals circuits of which the Senators' states are a geographic part. This report also discusses several historical and ethical aspects related to Senators recommending judicial candidates.
Date: November 10, 2010
Creator: Rutkus, Denis Steven
Partner: UNT Libraries Government Documents Department