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Supreme Court Nominee Elena Kagan: Presidential Authority and the Separation of Powers

Description: In light of Elena Kagan's nomination to serve as an Associate Justice of the United States Supreme Court, this report analyzes then-Professor Kagan's views of executive power and the doctrine of separation of powers as laid most extensively out in her 2001 Harvard Law Review article Presidential Administration.
Date: June 4, 2010
Creator: Tatelman, Todd B.
Item Type: Report
Partner: UNT Libraries Government Documents Department

The Emoluments Clause: History, Law, and Precedents

Description: This report provides an historical review of the Emoluments Clause, focusing on the debates at the time the clause was drafted, as well as the precedents adopted by Congress and the executive branch with respect to nominations where the issue has arisen.
Date: January 7, 2009
Creator: Tatelman, Todd B.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Legal Developments in International Civil Aviation

Description: This report provides background on U.S. civil aviation agreements, updates the current status of U.S. “Open Skies” negotiations with the EU, and addresses the status of the legal debate concerning both the foreign ownership and control rules and the cabotage laws.
Date: January 30, 2006
Creator: Tatelman, Todd B.
Item Type: Report
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.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Legal Developments in International Civil Aviation

Description: This report provides background on U.S. civil aviation agreements, updates the current status of U.S. “Open Skies” negotiations with the EU, and addresses the status of the legal debate concerning both the foreign ownership and control rules and the cabotage laws.
Date: August 25, 2006
Creator: Tatelman, Todd B.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Congress’s Contempt Power: A Sketch

Description: This report outlines the source of the contempt power, reviews major developments in the case law, and analyzes the procedures associated with each of the three different types of contempt proceedings.
Date: August 1, 2007
Creator: Rosenberg, Morton & Tatelman, Todd B.
Item Type: Report
Partner: UNT Libraries Government Documents Department

The Power to Regulate Commerce: Limits on Congressional Power

Description: This report discusses the Commerce Clause of the United States Constitution, which provides that the Congress shall have the power to regulate interstate and foreign commerce.
Date: December 28, 2010
Creator: Thomas, Kenneth R. & Tatelman, Todd B.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Chemical Facility Security: Regulation and Issues for Congress

Description: This report describes the statutory authority granted to the Department of Homeland Security (DHS) with regards to chemical facility security regulation and the interim final rule promulgated by DHS, and identifies select issues of contention related to the interim final rule. Finally, this report discusses several possible policy options for Congress.
Date: April 28, 2008
Creator: Shea, Dana A. & Tatelman, Todd B.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Federalism Jurisprudence: The Opinions of Justice O'Connor

Description: This report examines the opinions of Justice O'Connor related to limits on federal power. In majority opinions regarding the Tenth Amendment, sovereign immunity, and the power of Congress under the 14th Amendment, she has emphasized the dictates of the Founding Fathers and noted the policies underlying federalism such as the promotion of state accountability.
Date: July 19, 2005
Creator: Thomas, Kenneth R. & Tatelman, Todd B.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Free Trade Agreements and the WTO Exceptions

Description: World Trade Organization (WTO) Members must grant immediate and unconditional most-favored-nation (MFN) treatment to the products of other Members with respect to tariffs and other trade matters. Free trade agreements (FTA) are facially inconsistent with this obligation because they grant countries who are party to the agreement the ability to receive more favorable trade benefits than those extended to other trading partners. Due to the prevailing view that such arrangements are trade enhancing, Article XXIV of the General Agreement on Tariffs and Trade (GATT) contains a specific exception for FTAs. The growing number of regional trade agreements, however, has made it difficult for the WTO to efficiently monitor the consistency of FTAs with the provided exemption. This report examines this issue.
Date: September 22, 2004
Creator: Grimmett, Jeanne J. & Tatelman, Todd B.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Dallas Love Field: The Wright and Shelby Amendments

Description: The history of the Wright Amendment dates back to the 1960s when the now defunct Civil Aeronautics Board (CAB) proposed the creation of a single regional airport in the Dallas-Fort Worth (DFW) area. This report discusses legislation affecting the Wright/Shelby restrictions that have been introduced in the 109th Congress.
Date: November 9, 2005
Creator: Tatelman, Todd B.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Congressional Oversight Manual

Description: Throughout its history, Congress has engaged in oversight of the executive branch - the review, monitoring, and supervision of the implementation of public policy. The first several Congresses inaugurated such important oversight techniques as special investigations, reporting requirements, resolutions of inquiry, and use of the appropriations process to review executive activity. Contemporary developments, moreover, have increased the legislature's capacity and capabilities to check on and check the Executive. Public laws and congressional rules have measurably enhanced Congress's implied power under the Constitution to conduct oversight.
Date: May 19, 2011
Creator: Kaiser, Frederick M.; Oleszek, Walter J. & Tatelman, Todd B.
Item Type: Report
Partner: UNT Libraries Government Documents Department

The Debate Over Selected Presidential Assistants and Advisors: Appointment, Accountability, and Congressional Oversight

Description: This report provides background information and selected views on the role of the appointments made by President Barack H. Obama to his Administration or by Cabinet secretaries to their departments. Additionally, it discusses some of the constitutional concerns that have been raised about presidential advisors.
Date: October 9, 2009
Creator: Schwemle, Barbara L.; Tatelman, Todd B.; Chu, Vivian S. & Hogue, Henry B.
Item Type: Report
Partner: UNT Libraries Government Documents Department