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An Overview of U.S. Immigration Laws Regulating the Admission and Exclusion of Aliens at the Border

Description: This report discusses U.S. immigration law as it relates to the Trump Administration's zero tolerance policy to criminally prosecute migrants who unlawfully enter the United States at the southern border; a policy which has led to the separation of children from parents awaiting prosecution for unlawful entry.
Date: June 25, 2018
Creator: Smith, Hillel R.
Partner: UNT Libraries Government Documents Department

The Rise and Decline of the Alien Tort Statute

Description: This report explains the original purpose of the Alien Tort Statute (ATS), restrictions placed on the ATS by the Supreme Court, the effect of the recent case Jesner v. Arab Bank, PLC, and the response from Congress.
Date: June 6, 2018
Creator: Mulligan, Stephen P.
Partner: UNT Libraries Government Documents Department

Law Enforcement Access to Overseas Data Under the CLOUD Act

Description: This report discusses the CLOUD Act recently passed by Congress which gives the U.S. government's the ability to force companies to disclose information stored on overseas servers that is covered under a warrant and updates the reciprocal agreements with other countries accessing data as a part of criminal investigations that is held in the United States. Legal commentary on the law is provided.
Date: May 2, 2018
Creator: Mulligan, Stephen P.
Partner: UNT Libraries Government Documents Department

The Travel Ban Case and Nationwide Injunctions

Description: This report addresses when, if ever, a regional federal trial judge adjudicating a case involving the federal government can award nationwide injunctive relief--a court order that commands a party to take or refrain from taking some action throughout the country. In the context of a suit against the federal government, an injunction with this type of "universal" effect acts to effectively void the law or policy in question. This report briefly explores the nationwide injunction at issue in the travel ban case (Trump v. Hawaii) and surveys a handful of the scholarly and judicial arguments surrounding the nationwide injunction in general
Date: May 2, 2018
Creator: Freeman, Wilson C.
Partner: UNT Libraries Government Documents Department

Third Circuit Invalidates "De Facto" Life Sentences for "Non-Incorrigible" Juvenile Offenders

Description: This report discusses a recent ruling by the U.S. Court of Appeals for the Third Circuit in the case of "United States v. Grant" that prohibits the use of "de facto" life sentences without possibility of parole (created by sentencing juveniles to prison terms longer than the average lifespan or that would end after they reached the typical retirement age) for juvenile offenders who have a reasonable potential for rehabilitation. The report also discusses previous decisions related to this issue and the split among appeals court over the proper application of the Eighth Amendment to juvenile sentencing restrictions.
Date: April 30, 2018
Creator: Smith, Alison M.
Partner: UNT Libraries Government Documents Department

Murderous Schemes are not Violent Crimes?

Description: This report discusses the U.S. Court of Appeals for the Fourth Circuit's decision in the case of "U.S. v. McCollum" which stated that conspiracy to murder was not a violent crime for federal sentencing purposes and discusses the background of the case and the prior case law which led to the decision.
Date: April 17, 2018
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department

Tort and Litigation Reform in the 115th Congress

Description: This report discusses "tort reform" which refers to whether (and to what extent) legislatures should limit lawsuits concerning negligence, personal injury, medical malpractice, products liability, and other similar causes of action. The report surveys several major tort and litigation reform bills pending in the 115th Congress and discusses some of the legal issues raised by each bill.
Date: April 10, 2018
Creator: Lewis, Kevin M.
Partner: UNT Libraries Government Documents Department

When the City Goes Broke: Pensions, Retirees, and Municipal Bankruptcies

Description: This report first explains how, under current bankruptcy law, Chapter 9 (municipalities) debtors have significant freedom to modify their outstanding pension obligations through the bankruptcy process. The report then explores proposals to alter the legal principles governing the adjustment of municipal pensions in bankruptcy.
Date: April 10, 2018
Creator: Lewis, Kevin M.
Partner: UNT Libraries Government Documents Department

What Happens When Five Supreme Court Justices Can't Agree?

Description: This report discusses the Supreme Court case of "Hughes v. United States" where all five justices agreed on the party that should win but they could not agree on why that party should win. The report discusses what justice's opinion, if any should enter future law through case law precedent, similar past cases, and the background of the "Hughes" case.
Date: April 5, 2018
Creator: Lewis, Kevin M.
Partner: UNT Libraries Government Documents Department

Can Aliens in Immigration Proceedings Be Detained Indefinitely?: High Court Rules on Statutory, but not Constitutional Authority

Description: This report discusses the Supreme Court's ruling in the case of "Jennings vs. Rodriguez" which dealt with whether immigrant aliens could be detained indefinitely. The court ruled that the aliens could be held indefinitely without a bond hearing under statutory law but left the constitutionality of the action open for future interpretation.
Date: April 3, 2018
Creator: Smith, Hillel R.
Partner: UNT Libraries Government Documents Department

District Court Decision May Help Pave the Way for Trump Administration's Border Wall Plans

Description: This report discusses the U.S. District for the Southern District of California's recent decision in a case brought by the State of California against the Department of Homeland Security (DHS) regarding DHS's right to waive environmental and other administrative laws for border fence building projects. The court agreed with other court rulings on the issue and affirmed DHS's right to waive the laws.
Date: April 2, 2018
Creator: Vann, Adam
Partner: UNT Libraries Government Documents Department

Supreme Court Considering Second Partisan Gerrymandering Case This Term

Description: This report discusses the Supreme Court case of "Benisek v. Lamone" which involves a challenge to a Maryland congressional district map on the basis that it was drawn as a part of partisan gerrymandering. Previous Supreme Court cases involving gerrymandering and background on this case is included.
Date: April 2, 2018
Creator: Whitaker, L. Paige
Partner: UNT Libraries Government Documents Department

Tricks of the Trade: Section 301 Investigation of Chinese Intellectual Property Practices Concludes (Part 1)

Description: This report discusses the Office of the U.S. Trade Representative's (USTR) recent investigation under Section 301 of the Trade Act of 1974 to determine whether acts, policies, and practices of the Government of China related to technology transfer, intellectual property, and innovation were unreasonable or discriminatory and burdening or restricting U.S. commerce and President Trumps's memorandum in response.
Date: March 29, 2018
Creator: Lewis, Caitlin Devereaux
Partner: UNT Libraries Government Documents Department

Tricks of the Trade: Section 301 Investigation of Chinese Intellectual Property Practices Concludes (Part 2)

Description: This report is the part two of two of a report on the Office of the U.S. Trade Representative's (USTR) recently concluded its investigation under Section 301 of the Trade Act of 1974 (the "Section 301 Investigation") "to determine whether acts, policies, and practices of the Government of China related to technology transfer, intellectual property, and innovation are unreasonable or discriminatory and burden or restrict U.S. commerce." This part of the report applies the general legal framework to this specific Section 301 Investigation, providing background on the investigation, describing the USTR's findings and the President's directives, and concluding by addressing what legal issues lie ahead.
Date: March 29, 2018
Creator: Lewis, Caitlin Devereaux
Partner: UNT Libraries Government Documents Department

Whose Line is it Anyway: Could Congress Give the President a Line-Item Veto?

Description: This report discusses whether Congress could grant the President a line-item veto. The report provides an overview of the Supreme Court's decision in "Clinton v. City of New York" in 1998 and examines what (if any) possibility exists for a constitutional, line-item veto authority for the President.
Date: March 27, 2018
Creator: Nolan, Andrew; Garvey, Todd & Liu, Edward C.
Partner: UNT Libraries Government Documents Department

ATF's Ability to Regulate "Bump Stocks"

Description: This report discusses whether ATF has the right to regulate "bump stocks" for rifles which allow rifles to mimic the actions of an automatic weapon and recent proposed regulatory action by ATF.
Date: March 22, 2018
Creator: Peck, Sarah Herman
Partner: UNT Libraries Government Documents Department

It Belongs in a Museum: Sovereign Immunity Shields Iranian Antiquities Even When It Does Not Protect Iran

Description: This report discusses the Supreme Court's decision in the case of "Rubin v. Islamic Republic of Iran" where the court ruled that the Foreign Sovereign Immunities Act (FSIA) did not permit U.S. victims of Iran-sponsored terrorist attacks to seize a collection of Persian antiquities on loan from Iran to a museum at the University of Chicago. The background of the case and case law about the FSIA is also discussed.
Date: March 22, 2018
Creator: Mulligan, Stephen P.
Partner: UNT Libraries Government Documents Department