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The Take Care Clause and Executive Discretion in the Enforcement of Law

Description: This report addresses the President's general obligation to "take Care that the Laws be faithfully executed." The report then discusses the limited role the judicial branch has traditionally adopted in reviewing discretionary enforcement decisions, including the decision to initiate a criminal prosecution or an administrative enforcement action. The report concludes with a discussion of Congress's authority to restrict executive discretion in the enforcement of federal law.
Date: September 4, 2014
Creator: Garvey, Todd
Partner: UNT Libraries Government Documents Department

Closing Yucca Mountain: Litigation Associated with Attempts to Abandon the Planned Nuclear Waste Repository

Description: Passed in 1982, the Nuclear Waste Policy Act (NWPA) was an effort to establish an explicit statutory basis for the Department of Energy (DOE) to dispose of the nation's most highly radioactive nuclear waste. The Obama Administration, in conjunction with DOE, has taken three important steps directed toward terminating the Yucca Mountain project. While the result of the ongoing dispute over the legality of the attempted termination of the Yucca Mountain program remains uncertain, congressional action could have a significant impact on the fate of the Yucca Mountain facility. A number of leading House Republicans have voiced strong opposition to shutting down the Yucca Mountain facility. Consequently, the Yucca Mountain dispute will not only be contested before the NRC and the D.C. Circuit, but also in Congress.
Date: February 2, 2012
Creator: Garvey, Todd
Partner: UNT Libraries Government Documents Department

Closing Yucca Mountain: Litigation Associated with Attempts to Abandon the Planned Nuclear Waste Repository

Description: Passed in 1982, the Nuclear Waste Policy Act (NWPA) was an effort to establish an explicit statutory basis for the Department of Energy (DOE) to dispose of the nation's most highly radioactive nuclear waste. Congress amended the NWPA's site selection process in 1987, however, and designated Yucca Mountain, Nevada, as the sole candidate site for the repository by terminating site specific activities at all other sites. This report discusses the Obama Administration and the DOE's steps to terminate the Yucca Mountain project, and the subsequent opposition to their efforts.
Date: June 4, 2012
Creator: Garvey, Todd
Partner: UNT Libraries Government Documents Department

Congress's Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure

Description: This report examines the source of the contempt power, reviews the historical development of the early case law, outlines the statutory and common law basis for Congress's contempt power, and analyzes the procedures associated with inherent contempt, criminal contempt, and the civil enforcement of subpoenas. The report also includes a detailed discussion of two recent information-access disputes that led to the approval of contempt citations in the House against then-White House Chief of Staff Joshua Bolten and former White House Counsel Harriet Miers, as well as Attorney General Eric Holder. Finally, the report discusses both non-constitutional and constitutionally-based limitations on the contempt power.
Date: August 17, 2012
Creator: Garvey, Todd
Partner: UNT Libraries Government Documents Department

Presidential Signing Statements: Constitutional and Institutional Implications

Description: Presidential signing statements are official pronouncements issued by the President contemporaneously to the signing of a bill into law that, in addition to commenting on the law generally, have been used to forward the President's interpretation of the statutory language; to assert constitutional objections to the provisions contained therein; and, concordantly, to announce that the provisions of the law will be administered in a manner that comports with the administration's conception of the President's constitutional prerogatives. This report focuses on the use of signing statements by recent administrations, with particular emphasis on the Administrations of George W. Bush and Barack Obama.
Date: January 4, 2012
Creator: Garvey, Todd
Partner: UNT Libraries Government Documents Department

Marijuana: Medical and Retail -- An Abbreviated View of Selected Legal Issues

Description: This report discusses the federal law regarding marijuana that is classified as a Schedule I Controlled Substance. The federal Controlled Substances Act (CSA) outlaws the possession, cultivation, or distribution of marijuana except for authorized research.
Date: March 25, 2014
Creator: Garvey, Todd & Doyle, Charles
Partner: UNT Libraries Government Documents Department

State Legalization of Recreational Marijuana: Selected Legal Issues

Description: This report summarizes the Washington and Colorado marijuana legalization laws and evaluates whether, or the extent to which, they may be preempted by the Controlled Substances Act (CSA) or by international agreements. It also describes and analyzes the U.S. Department of Justice's (DOJ's) response to these legalization initiatives. The report then identifies certain noncriminal consequences that marijuana users may face under federal law. Finally, the report closes with a description of selected legislative proposals introduced in the 113th Congress relating to the treatment of marijuana under federal law.
Date: January 13, 2014
Creator: Garvey, Todd & Yeh, Brian T.
Partner: UNT Libraries Government Documents Department

State Legalization of Recreational Marijuana: Selected Legal Issues

Description: This report summarizes the Washington and Colorado marijuana legalization laws and evaluates whether, or the extent to which, they may be preempted by the Controlled Substances Act (CSA) or by international agreements. It also highlights potential responses to these recent legalization initiatives by the U.S. Department of Justice (DOJ) and identifies other noncriminal consequences that marijuana users may face under federal law.
Date: April 5, 2013
Creator: Garvey, Todd & Yeh, Brian T.
Partner: UNT Libraries Government Documents Department

Congressional Participation in Article III Courts: Standing to Sue

Description: This report seeks to provide an overview of Congress's ability to participate in litigation before Article III courts. The report is limited to a discussion of Congress's participation in litigation as either a plaintiff (e.g., the party initiating the suit alleging some sort of harm or violation of law) or as a third-party intervener (e.g., a party who is seeking to join litigation already initiated by another plaintiff).
Date: September 4, 2014
Creator: Dolan, Alissa M. & Garvey, Todd
Partner: UNT Libraries Government Documents Department

The Recess Appointment Power After Noel Canning v. NLRB: Constitutional Implications

Description: This report begins with a general legal overview of the Recess Appointments Clause and a discussion of applicable case law that existed prior to the D.C. Circuit's decision in Noel Canning. The report then analyzes the Noel Canning opinion and evaluates the impact the case could have on the roles of the President and Congress in the appointments context.
Date: March 27, 2013
Creator: Garvey, Todd & Carpenter, David H.
Partner: UNT Libraries Government Documents Department

A Primer on the Reviewability of Agency Delay and Enforcement Discretion

Description: This report discusses the general legal principles applied in determining whether administrative delays are reviewable in court in these two different contexts and then address whether the procedures outlined in the Administrative Procedure Act (APA) are applicable to these delays.
Date: September 4, 2014
Creator: Shedd, Daniel T. & Garvey, Todd
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

Congressional Investigations of the Department of Justice, 1920-2012: History, Law, and Practice

Description: This report briefly reviews the legal basis for investigative oversight, followed by several prominent examples of congressional oversight that reflect the significant breadth and reach of the legislative investigative prerogative vis-à-vis the Department. The report alos reviews and assess the Department’s contentions, based on policy, common law, and constitutional privilege, that it has asserted to attempt to limit congressional access to agency information.
Date: November 5, 2012
Creator: Dolan, Alissa M. & Garvey, Todd
Partner: UNT Libraries Government Documents Department

Prosecutorial Discretion in Immigration Enforcement: Legal Issues

Description: This report begins by discussing the sources of federal power to regulate immigration and, particularly, the allocation of power between Congress and the President in this area. It next addresses the constitutional and other foundations for the doctrine of prosecutorial discretion, as well as the potential ways in which prosecutorial discretion may be exercised in the immigration context. It concludes by addressing potential constitutional, statutory, and administrative constraints upon the exercise of prosecutorial discretion.
Date: January 17, 2013
Creator: Manuel, Kate M. & Garvey, Todd
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

Executive Orders: Issuance, Modification, and Revocation

Description: This report reviews the "definition" of an executive order and how it is distinguishable from other written instruments, and then provides an overview of the President's constitutional authority to issue such directives. Next, the report discusses the legal framework relied on by the courts to analyze the validity of presidential actions, and also discusses the roles of the President and Congress in modifying and revoking executive orders.
Date: April 16, 2014
Creator: Chu, Vivian S. & Garvey, Todd
Partner: UNT Libraries Government Documents Department

Congress's Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure

Description: This report examines the source of the contempt power, reviews the historical development of the early case law, outlines the statutory and common law basis for Congress's contempt power, and analyzes the procedures associated with inherent contempt, criminal contempt, and the civil enforcement of subpoenas. It also includes a detailed discussion of two recent information access disputes that led to the approval of contempt citations in the House against then-White House Chief of Staff Joshua Bolten and former White House Counsel Harriet Miers, as well as Attorney General Eric Holder. Finally, the report discusses both non-constitutional and constitutionally-based limitations on the contempt power.
Date: May 8, 2014
Creator: Garvey, Todd & Dolan, Alissa M.
Partner: UNT Libraries Government Documents Department

Congress's Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure

Description: This report examines the source of the contempt power, reviews the historical development of the early case law, outlines the statutory and common law basis for Congress's contempt power, and analyzes the procedures associated with inherent contempt, criminal contempt, and the civil enforcement of subpoenas. It also includes a detailed discussion of two recent information access disputes that led to the approval of contempt citations in the House against then-White House Chief of Staff Joshua Bolten and former White House Counsel Harriet Miers, as well as Attorney General Eric Holder. Finally, the report discusses both non-constitutional and constitutionally-based limitations on the contempt power.
Date: April 10, 2014
Creator: Garvey, Todd & Dolan, Alissa M.
Partner: UNT Libraries Government Documents Department

Congress's Contempt Power and the Enforcement of Congressional Subpoenas: A Sketch

Description: This report examines the source of Congress's contempt power; analyzes the procedures associated with inherent contempt, criminal contempt, and the civil enforcement of subpoenas; and discusses the obstacles that face Congress in enforcing a contempt action against an executive branch official.
Date: April 10, 2014
Creator: Garvey, Todd & Dolan, Alissa M.
Partner: UNT Libraries Government Documents Department

Congress's Contempt Power and the Enforcement of Congressional Subpoenas: A Sketch

Description: This report examines the source of Congress's contempt power, analyzes the procedures associated with inherent contempt, criminal contempt, and the civil enforcement of subpoenas, and discusses the obstacles that face Congress in enforcing a contempt action against an executive branch official.
Date: August 14, 2012
Creator: Garvey, Todd & Dolan, Alissa M.
Partner: UNT Libraries Government Documents Department

Congress's Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure

Description: This report examines the source of the contempt power, reviews the historical development of the early case law, outlines the statutory and common law basis for Congress's contempt power, and analyzes the procedures associated with inherent contempt, criminal contempt, and the civil enforcement of subpoenas. In addition, the report discusses both non-constitutional and constitutionally based limitations on the power. Finally, the report includes a discussion of the significance of the House Judiciary Committee dispute with the White House over the dismissal of several U.S. Attorneys that resulted in votes for criminal contempt of Congress and the United States District Court opinion in Committee on the Judiciary v. Miers.
Date: May 8, 2012
Creator: Garvey, Todd & Dolan, Alissa M.
Partner: UNT Libraries Government Documents Department