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Asylum and Related Protections for Aliens Who Fear Gang and Domestic Violence

Description: This report examines asylum claims with specific focus on gang and domestic violence. It provides background on the topic and also outlines the U.S. Attorney General's decision in "Matter of A-B-," as well as recent guidance from the U.S. Department of Homeland Security's (DHS's) U.S. Citizenship and Immigration Services (USCIS) in light of that ruling.
Date: October 25, 2018
Creator: Smith, Hillel R.
Partner: UNT Libraries Government Documents Department

The United States and the "World Court"

Description: This report reviews the most recent International Court of Justice (ICJ) proceedings against the United States by Iran and the Palestine Liberation Organization (PLO) and the implications for Congress of the Trump Administration's withdrawal decision.
Date: October 17, 2018
Creator: Mulligan, Stephen P.
Partner: UNT Libraries Government Documents Department

Deference and its Discontents: Will the Supreme Court Overrule Chevron?

Description: The Chevron deference is a seminal administrative law doctrine established by the Court's opinion in the 1984 case of Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. As several members of the Supreme Court are critical of the doctrine, this report discusses the possibility of the Court reconsidering Chevron in the near future.
Date: October 11, 2018
Creator: Brannon, Valerie C. & Cole, Jared P.
Partner: UNT Libraries Government Documents Department

Do Courts Have Inherent Authority to Release Secret Grand Jury Materials?

Description: This report discusses the issue of releasing secret grand jury material. Although a long-established principle that has been deemed essential to the grand jury's functioning and independence is that matters occurring before it are to be kept secret, the Federal Rule of Criminal Procedure 6(e) establishes exceptions.
Date: October 5, 2018
Creator: Foster, Michael A.
Partner: UNT Libraries Government Documents Department

Statutory Canon Aimed at International Organization Immunity

Description: This report discusses the upcoming Supreme Court case Jam v. International Finance Corp. The petitioners--a group of Indian nationals from Gujarat--seek to hold International Finance Corp. (IFC) liable for extensive environmental damage throughout their community caused by the construction of a power plant financed and overseen by IFC. The U.S. Court of Appeals for the D.C. Circuit (D.C. Circuit) dismissed their lawsuit, holding, in accordance with the circuit's precedent, that the International Organizations Immunities Act (IOIA) grants absolute immunity to IFC in this case.
Date: October 5, 2018
Creator: Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department

EPA Proposes the Affordable Clean Energy Rule to Replace the Clean Power Plan

Description: This report explores the legal basis for the proposed Affordable Clean Energy (ACE) Rule and discusses the U.S. Environmental Protection Agency's (EPA's) authority to consider various emission reduction options for existing power plants under the Clean Air Act (CAA).
Date: September 26, 2018
Creator: Tsang, Linda
Partner: UNT Libraries Government Documents Department

EPA Proposes New Permitting Test for Power Plant Modifications

Description: This report discusses the EPA's proposed Affordable Clean Energy (ACE) Rule to address greenhouse gas (GHG) emissions from existing coal-fired power plants. As part of the ACE Rule, EPA proposed a new test for determining whether New Source Review (NSR) would apply to a modification of an existing power plant.
Date: September 25, 2018
Creator: Tsang, Linda
Partner: UNT Libraries Government Documents Department

Judicial Fact-Finding and Criminal Sentencing: Current Practice and Potential Change

Description: This report provides an overview of criminal sentencing law by briefly describing the use of relevant conduct under the Guidelines and tracing the Supreme Court case law that has informed the practice, before addressing judicial commentary and recently proposed legislation regarding the use of acquitted or uncharged conduct at sentencing.
Date: August 24, 2018
Creator: Foster, Michael A.
Partner: UNT Libraries Government Documents Department

Supreme Court Nomination: CRS Products

Description: This document provides a list of all the Congressional Research Service reports describing the judicial decisions of Justice Kennedy and Judge Kavanaugh, as well as Supreme Court vacancies and nominations.
Date: August 24, 2018
Creator: Nolan, Andrew
Partner: UNT Libraries Government Documents Department

Calling Balls and Strikes: Ethics and Supreme Court Justices

Description: This report examines questions related to the integrity and independence of the Supreme Court, and Congress's potential role in regulating the ethics of the Supreme Court Justices. For example: What mechanisms ensure the integrity of Justices as federal officials? Are Justices subject to any rules of ethical conduct? How might such ethics rules be enforced?
Date: August 20, 2018
Creator: Brown, Cynthia
Partner: UNT Libraries Government Documents Department

When Does Double Prosecution Count as Double Jeopardy?

Description: This report discusses the Fifth Amendment's Double Jeopardy Clause; although the Clause provides that no person shall "be subject for the same offense to be twice put in jeopardy of life or limb," the Supreme Court has made clear that that protection has its limits.
Date: August 16, 2018
Creator: Hsin, JD S.
Partner: UNT Libraries Government Documents Department

IRS Will No Longer Require Disclosure of Certain Nonprofit Donor Information

Description: This report will first provide background on the statute and regulations regarding tax-exempt organizations' (EOs') disclosure of contributor information. Next, the report will discuss the justifications of and reactions to the new policy, including the views of proponents and opponents of the new policy. The report will then discuss the litigation Montana has filed against the policy. Finally, the report will provide considerations for Congress.
Date: August 14, 2018
Creator: Carpenter, David H.
Partner: UNT Libraries Government Documents Department

Can the President Pardon Contempt of Court? Probably Yes.

Description: This report provides a brief background of contempt of court, explores the various arguments regarding whether a pardon can relieve an individual of criminal liability for contempt, and discusses potential congressional responses to the perceived abuse of the pardon power.
Date: August 10, 2018
Creator: Thompson, Richard M., II
Partner: UNT Libraries Government Documents Department

Abortion, Justice Kennedy, and Judge Kavanaugh

Description: This report addresses the questions that have arisen about the future of the Supreme Court's abortion jurisprudence, after the recent retirement of Justice Kennedy, the last remaining justice from the Casey plurality. The report first reviews the undue burden standard set from the Casey decision and discusses Justice Kennedy's views on the standard in the case law that has developed since Casey. Then, in light of President Trump's July 9, 2018 nomination of Judge Brett Kavanaugh to replace Justice Kennedy, it examines Judge Kavanaugh's only substantive abortion opinion: a dissent in the 2017 case from the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit), Garza v. Hargan. Finally, as lower courts continue to apply the undue burden standard to new abortion regulations, the report concludes by noting some of the abortion cases that the Supreme Court could possibly review in the near future.
Date: August 8, 2018
Creator: Shimabukuro, Jon O.
Partner: UNT Libraries Government Documents Department

Oops: When Does a Plain Error in Calculating a Defendant's Sentencing Guidelines Range Warrant Resentencing?

Description: This report discusses the Supreme Court opinion that an appellate court should exercise its discretion to correct an unpreserved error "if the error seriously affects the fairness, integrity or public reputation of judicial proceedings."
Date: August 8, 2018
Creator: Peck, Sarah Herman
Partner: UNT Libraries Government Documents Department

Advising the President: Rules Governing Access and Accountability of Presidential Advisors

Description: This Sidebar examines three categories of Presidential advisors and the related ethics requirements and limitations that apply to their respective roles: employees who serve full-time, regular appointments; outside advisors who are formally appointed to temporary roles; and informal, personal advisors with whom the President consults.
Date: August 6, 2018
Creator: Brown, Cynthia
Partner: UNT Libraries Government Documents Department

Only Minimal Impact on Commerce Needed for Attempted Bombing

Description: This report discusses the decision of the United States Court of Appeals for the Eleventh Circuit in the United States v. Suarez case, that a minimal impact on commerce is sufficient to satisfy the jurisdictional requirement of the federal weapons of mass destruction statute. This decision seems to reflect a growing willingness of federal appellate courts to read broadly Congress's Commerce Clause powers.
Date: July 26, 2018
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department

The Essential Judge Brett M. Kavanaugh Reader: What Cases Should You Read?

Description: This report highlights many of Judge Brett M. Kavanaugh's judicial opinions that have received the greatest degree of attention from legal observers. Judge Kavanaugh, whom President Trump has nominated to fill the impending Supreme Court vacancy caused by Justice Anthony M. Kennedy's retirement from the Court, has amassed a voluminous record of judicial writings during his legal career. These writings are certain to be a key topic of interest as the Senate prepares to hold hearings and a possible vote on Judge Kavanaugh's nomination to the High Court.
Date: July 25, 2018
Creator: Garcia, Michael John
Partner: UNT Libraries Government Documents Department