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Immigration Detainers: Legal Issues

Description: This report 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: April 24, 2014
Creator: Manuel, Kate M.
Item Type: Report
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.
Date: June 20, 2014
Creator: Manuel, Kate M.
Item Type: Report
Partner: UNT Libraries Government Documents Department

State and Local Restrictions on Employing Unauthorized Aliens

Description: This report discusses state and local restrictions upon employing unauthorized aliens in light of the May 26, 2011, decision by the Supreme Court in Chamber of Commerce of the United States of America v. Whiting.
Date: May 16, 2013
Creator: Manuel, Kate M.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Legal Protections for Subcontractors on Federal Prime Contracts

Description: This report provides an overview of the payment and other protections for subcontractors on certain federal prime contracts under the Miller Act, the 1988 amendments to the Prompt Payment Act, and the Small Business Act.
Date: January 27, 2014
Creator: Manuel, Kate M.
Item Type: Report
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.
Item Type: Report
Partner: UNT Libraries Government Documents Department

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

Description: As a general rule, government agencies contract with the lowest qualified responsible bidder or offeror. Debarment and suspension are among the techniques that government agencies use to ensure that they contract with only "responsible" bidders or offerors because they allow the government to exclude contractors from receiving government contracts. This report focuses upon exclusions on procurement grounds.2 It surveys the authorities requiring or allowing federal agencies to debar or suspend contractors, due process and other protections for contractors, and recently enacted and proposed amendments to the laws governing debarment and suspension.
Date: August 16, 2010
Creator: Manuel, Kate M.
Item Type: Report
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: January 3, 2011
Creator: Manuel, Kate M.
Item Type: Report
Partner: UNT Libraries Government Documents Department

The Obama Administration's November 2014 Immigration Initiatives: Questions and Answers

Description: On November 20, 2014, President Obama delivered a televised address wherein he broadly described the steps that his administration is taking to "fix" what he has repeatedly described as a "broken immigration system."1 Following the President's address, executive agencies made available intra-agency memoranda and fact sheets detailing specific actions that have already been taken, or will be taken in the future.2 These actions generally involve either border security, the current unlawfully present population, or future legal immigration. This report provides the answers to key legal questions related to the various immigration-related actions announced by the Obama Administration.
Date: November 24, 2014
Creator: Manuel, Kate M.
Item Type: Report
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.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Immigration Detainers: Legal Issues

Description: "This report surveys the various authorities governing immigration detainers, including the standard detainer form (Form I-247) sent by U.S. Immigration and Customs Enforcement (ICE) to other law enforcement agencies. The report also discusses key legal issues raised by immigration detainers, including whether Department of Homeland Security's (DHS's) detainer regulations and practices are beyond its statutory authority; whether states and localities are required to comply with immigration detainers; who has custody of aliens subject to detainers; and whether detainer practices violate aliens' constitutional rights. In considering these topics, it is important to note that Form I-247 and DHS's detainer practices have changed several times since 2010, and that decisions on the merits have not yet been issued in many cases challenging the use of detainers in conjunction with the Secure Communities program" (p. 6).
Date: October 6, 2014
Creator: Manuel, Kate M.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Legal Protections for Subcontractors on Federal Prime Contracts

Description: This report provides an overview of the payment and other protections for subcontractors on certain federal prime contracts under the Miller Act, the 1988 amendments to the Prompt Payment Act, and the Small Business Act.
Date: December 10, 2012
Creator: Manuel, Kate M.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Asylum and Gang Violence: Legal Overview

Description: This report discusses the basis for asylum in International and U.S. Law. The recent increase in the number of unaccompanied alien children (UACs) apprehended at the border between Mexico and the United States has raised questions about the role that gang-related violence in Central America may play in determining whether such children are eligible for refugee status and asylum.
Date: September 5, 2014
Creator: Manuel, Kate M.
Item Type: Report
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.
Item Type: Report
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.
Item Type: Report
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.
Item Type: Report
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.
Item Type: Report
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.
Item Type: Report
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.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Competition in Federal Contracting: An Overview of the Legal Requirements

Description: This report describes the legal requirements pertaining to competition that presently apply to federal procurement contracts. Among other things, it discusses what contracts are subject to competition requirements; what constitutes full and open competition for government contracts; and what is meant by "full and open competition after exclusion of sources."
Date: January 21, 2010
Creator: Manuel, Kate M.
Item Type: Report
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.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Immigration Detainers: Legal Issues

Description: An "immigration detainer" is a document by which U.S. Immigration and Customs Enforcement (ICE) advises other law enforcement agencies of its interest in individual aliens whom these agencies are detaining. This report 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: May 7, 2015
Creator: Manuel, Kate M.
Item Type: Report
Partner: UNT Libraries Government Documents Department