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Deprivation of Honest Services as a Basis for Federal Mail and Wire Fraud Convictions

Description: The United States Supreme Court in Skilling v. United States construed the honest services branch of the federal mail and wire fraud statutes to reach no more than cases involving bribery or kickbacks. The mail and wire fraud statutes, 18 U.S.C. §§ 1341 and 1343, impose criminal penalties for the use of mail or interstate wire communications to deprive another of money or property through a "scheme or artifice to defraud." This report discusses wire and mail fraud and examines relevant court cases.
Date: July 28, 2010
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department

The Constitutionality of Campaign Finance Regulation: Buckley v. Valeo and Its Supreme Court Progeny

Description: This report first discusses the key holdings enunciated by the Supreme Court in Buckley, including those upholding reasonable contribution limits, striking down expenditure limits, upholding disclosure reporting requirements, and upholding the system of voluntary presidential election expenditure limitations linked with public financing. It then examines the Court's extension of Buckley in several subsequent cases, evaluating them in various regulatory contexts: contribution limits, expenditure limits, disclosure requirements, and political party soft money and electioneering communication restrictions.
Date: November 18, 2008
Creator: Whitaker, L. Paige
Partner: UNT Libraries Government Documents Department

Free Exercise of Religion by Closely Held Corporations: Implications of Burwell v. Hobby Lobby Stores, Inc.

Description: This report analyzes the Court's decision in Hobby Lobby, including arguments made between the majority and dissent, to clarify the scope of the decision and potential impacts for future interpretation of RFRA's applicability. It also examines potential legislative responses, should Congress consider addressing the current applicability of RFRA. Finally, the report addresses the decision's effect on requirements that employers offer contraceptive coverage in group health plans under federal or state law.
Date: July 23, 2014
Creator: Brougher, Cynthia
Partner: UNT Libraries Government Documents Department

Zivotofsky v. Kerry: The Jerusalem Passport Case and Its Potential Implications for Congress's Foreign Affairs Powers

Description: This report briefly describes legislative efforts to modify U.S. policy with respect to Jerusalem, in particular multiple enactments of the passport provision. The report then summarizes the Supreme Court decision, including concurrences and dissents. Finally, the report concludes by suggesting possible implications of the decision with respect to Congress's authority to influence foreign affairs.
Date: September 28, 2015
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment

Description: This report gives a brief history of the flag protection issue, from the enactment of the Flag Protection Act in 1968 through current consideration of a constitutional amendment. A second part briefly summarizes the two decisions of the United States Supreme Court -- Texas v. Johnson and United States v. Eichman -- that struck down the state and federal flag protection statutes as applied in the context punishing expressive conduct.
Date: January 3, 2005
Creator: Luckey, John
Partner: UNT Libraries Government Documents Department

Sex Discrimination and the United States Supreme Court: Developments in the Law

Description: This report focuses on sex discrimination challenges based on: the equal protection guarantees of the Fourteenth and Fifth Amendments; the prohibition against employment discrimination contained in Title VII of the Civil Rights Act of 1964; and the prohibition against sex discrimination in education contained in Title IX of the Education Amendments of 1972.
Date: December 30, 2015
Creator: Feder, Jody
Partner: UNT Libraries Government Documents Department

The Death of Justice Scalia: Procedural Issues Arising on an Eight-Member Supreme Court

Description: This report provides an overview of the Supreme Court's procedural rules and requirements when the Court is staffed with fewer than nine members. It includes an overview of the Court's quorum requirements, rehearing procedures, and vote count practices, with a focus on how the Court has traditionally responded to a change of composition during a term. The report concludes by highlighting over a dozen cases from the current term that could result in an evenly divided Supreme Court.
Date: February 25, 2016
Creator: Nolan, Andrew
Partner: UNT Libraries Government Documents Department

The Jurisprudence of Justice John Paul Stevens: Selected Opinions on Intellectual Property Law

Description: This report briefly surveys decisions of retiring Justice John Paul Stevens in intellectual property cases. An examination of Justice Stevens' written opinions relating to intellectual property law reveals a strong desire to ensure that the rights of intellectual property creators are balanced with the rights of the public to access creative and innovative works.
Date: May 14, 2010
Creator: Yeh, Brian T.
Partner: UNT Libraries Government Documents Department

The Jurisprudence of Justice John Paul Stevens: Leading Opinions on Wartime Detentions

Description: This report discusses the justice John Paul Stevens that played a pivotal role in determining the scope of executive-branch power in a post-9/11 world. After 9/11, Congress quickly authorized the Executive to respond to the terrorist attacks using military force
Date: May 13, 2010
Creator: Henning, Anna C.
Partner: UNT Libraries Government Documents Department

Free Exercise of Religion by Closely Held Corporations: Implications of Burwell v. Hobby Lobby Stores, Inc.

Description: This report analyzes the Court's decision in Hobby Lobby, including arguments made between the majority and dissent, to clarify the scope of the decision and potential impacts for future interpretation of RFRA's applicability. It also examines potential legislative responses, should Congress consider addressing the current applicability of RFRA. Finally, the report addresses the decision's effect on requirements that employers offer contraceptive coverage in group health plans under federal or state law.
Date: April 6, 2015
Creator: Brown, Cynthia
Partner: UNT Libraries Government Documents Department

Legislative Options After Citizens United v. FEC: Constitutional and Legal Issues

Description: This report provides a background on legislative options after Citizens United v. FEC. The report discusses increased disclaimer requirements, disclosure of donors to organizations, restrictions on foreign-owned corporations, and taxation of corporate campaign-related expenditures.
Date: March 8, 2010
Creator: Whitaker, L. P.; Lunder, Erika K.; Manuel, Kate M.; Maskell, Jack & Seitzinger, Michael V.
Partner: UNT Libraries Government Documents Department

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

Description: This report discusses the Supreme Court decision in Rapanos v. United States, which addressed the asserted jurisdiction of the U.S. Army Corps of Engineers and the Environmental Protection Agency (EPA) over wetlands adjacent to "waters of the United States," the problematic phrase used by the Clean Water Act (CWA) to define the geographic scope of the act's wetlands permitting program.
Date: September 12, 2006
Creator: Meltz, Robert & Copeland, Claudia
Partner: UNT Libraries Government Documents Department

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

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

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