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Killing Endangered Species: What's Reasonable Self-Defense?

Description: This report discusses the case of "United States v. Wallen" in the United States Court of Appeals for the Ninth Circuit; it concerns a man who killed a grizzly bear cub in violation of the Endangered Species Act and claimed self-defense. It outlines the court ruling that the man enjoys a complete defense if he "actually, even if unreasonably, believe[s] his actions were necessary to protect himself or others" and discusses the implications of the decision.
Date: November 29, 2017
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department

Who's the Boss at the CFPB?

Description: This report discusses an ongoing dispute over who the new acting director of the Consumer Financial Protection Bureau (CFPB) is following the resignation of the past director on Nov. 24., 2017. President Trump appointed Mick Mulvaney as the acting director, but the past director had already appointed Leandra English who has filed a lawsuit and asked for a temporary restraining order preventing Mulvaney from performing the duties of director. This report outlines the merits of the case and the President's power to fill vacancies under the Vacancies Act.
Date: November 28, 2017
Creator: Brannon, Valerie C. & Cole, Jared P.
Partner: UNT Libraries Government Documents Department

The Federal Government's Plenary Immigration Power Collides with the Constitutional Right to an Abortion (Part 1)

Description: This report is the first in a two-part series discussing "Garza v. Hargan", a decision by the U.S. Court of Appeals for the D.C. Circuit involving a detained unaccompanied alien minor and the right to terminate a pregnancy. The facts of the case and a discussion of the court's decision and whether the Health and Human Services Department policy regarding abortions unduly burdens a woman's right to an abortion is discussed.
Date: November 27, 2017
Creator: Smith, Hillel R. & Shimabukuro, Jon O.
Partner: UNT Libraries Government Documents Department

The Federal Government's Plenary Immigration Power Collides with the Constitutional Right to an Abortion (Part 2)

Description: This report is the secondt in a two-part series discussing "Garza v. Hargan", a decision by the U.S. Court of Appeals for the D.C. Circuit involving a detained unaccompanied alien minor and the right to terminate a pregnancy. Debate among judges regarding the right of an unaccompanied alien minor to have an abortion when the minor was detained at the border and technically never formally entered the United States are discussed.
Date: November 27, 2017
Creator: Smith, Hillel R. & Shimabukuro, Jon O.
Partner: UNT Libraries Government Documents Department

Fibbing to Get a Lawyer: Circuits Split on Punishment

Description: This report discusses differing views held by U.S. appellate courts regarding whether lying about one's assets to pre-trial service personnel in order to get a court-appointed lawyer can be used as a justification to increase the sentence of the offender.
Date: November 27, 2017
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department

Joint Employment and the Save Local Business Act

Description: This report discusses the proposed "Save Local Business Act" in the House and its provisions and implications for employers and employees in businesses where unions exist. The National Labor Relations Board (NLRB) broadening of the definition of what constituted a joint employer in the case of Browning-Ferris Industries of California led to resist by some in the business community and the "Save Local Business Act" seeks to restore the former more narrow definition of joint employers.
Date: November 15, 2017
Creator: Shimabukuro, Jon O.
Partner: UNT Libraries Government Documents Department

In Any Way, Shape, or Form? What Qualifies as "Any Court" Under the Gun Control Act?

Description: This report discusses the requirements under the Gun Control Act of 1968 that prohibit persons convicted of felony crimes and misdemeanor domestic violence from buying or possessing firearms and what courts are covered under the phrase "any court' in the legislation.
Date: November 14, 2017
Creator: Peck, Sarah Herman
Partner: UNT Libraries Government Documents Department

The Latest Chapter in Insider Trading Law: Major Circuit Decision Expands Scope of Liability for Trading on a "Tip"

Description: This report discusses a recent court decision regarding insider trading laws and the liability of someone who acts on a tip that consists of inside information that they should have known was obtained or shared illegally. Background on the case, relevant case law, and implications of the decision are discussed.
Date: November 14, 2017
Creator: Vanatko, Nicole
Partner: UNT Libraries Government Documents Department

EPA Proposes to Repeal the Clean Power Plan

Description: This report discuses the EPA proposal in October 2017 to repeal the "Clean Power Plan" due to their determination after review of the rule that it exceeded their statutory authority to implement it. Steps in the process of repealing the rule, the outcome of the current court case regarding the rule, and possible replacement rules regarding Carbon dioxide emissions and power plants.
Date: November 13, 2017
Creator: Tsang, Linda
Partner: UNT Libraries Government Documents Department

Two-Sided Credit Card Markets: The Supreme Court Takes Up Novel Antitrust Issue

Description: This report discusses the case of "Ohio v. American Express" which the Supreme Court has accepted for hearing which poses the question of how federal antitrust law should treat two-sided markets which are platforms in which two distinct user groups operate in an interdependent way. The case challenges anti-steering clauses in American Express contract agreements with merchants that prevent the merchants from promoting the use of other credit cards. The case has the potential to change the way vendors accept card payments across the country--but the case also provides the Supreme Court with the opportunity to guide the lower courts that are increasingly confronting antitrust issues concerning two-sided markets. As a result, the American Express case raises several issues for Congress that could implicate its legislative and oversight roles with respect to the financial services industry and, more generally, the regulation of two-sided markets.
Date: November 13, 2017
Creator: Smith, Austin D.
Partner: UNT Libraries Government Documents Department

A Second Amendment Right to Sell Firearms? The Ninth Circuit, Sitting En Banc, Weighs In

Description: This report discusses the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) decision in "Teixeira v. County of Alameda" which reversed the original court decision which held that Second Amendment rights applied to commercial firearm sellers. The course of the case and decision and implications of the ruling are also discussed.
Date: November 2, 2017
Creator: Peck, Sarah Herman
Partner: UNT Libraries Government Documents Department

Out of Office: Vacancies, Acting Officers, and Day 301

Description: This report discusses the provisions of the Vacancies Act and the upcoming expiration of the time limit for temporary staff to to perform the duties of advice and consent staff positions that are still unfilled. Legal effects of letting the Vacancies Act take effect are also discussed.
Date: November 1, 2017
Creator: Brannon, Valerie C.
Partner: UNT Libraries Government Documents Department

When Does Sovereign Immunity Protect Property Owned by State Sponsors of Terrorism?

Description: This report discusses sovereign states' immunity from suits and attachments by U.S. nationals except under very specific circumstances, as well as legal interpretations and cases involving immunity rules. It particularly describes state-sponsored terrorism and the effect of The Justice Against Sponsors of Terrorism Act (JASTA), which was proposed to allow U.S. nationals to file civil suits in U.S. courts against foreign nations for aiding and abetting acts of terrorism under a new exception to the general rule of immunity.
Date: November 8, 2016
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department

Still Fair Use for Google Books: Second Circuit Ruling in Authors Guild v. Google

Description: This legal sidebar discusses the decision in Authors Guild v. Google case, in which the U.S. Court of Appeals for the Second Circuit affirmed the lower court's ruling and held that Google's copying and distribution of books as part of its Google Books Project qualifies as fair use under the Copyright Act, and thus Google is not liable for infringement of the authors' copyright in these books.
Date: November 30, 2015
Partner: UNT Libraries Government Documents Department

Federal Court Weighs in on "VisaGate 2015": Part 1, the Visa Bulletin and Recent Revisions to It

Description: This legal sidebar discusses the incident widely known as "VisaGate 2015" regarding the timeframe for temporary alien guest workers to file applications for lawful permanent resident status. It includes an analysis of the decision from the federal district court in Washington State on the permissibility of certain changes made by the Department of State (DOS) regarding the incident.
Date: November 16, 2015
Partner: UNT Libraries Government Documents Department

Fifth Circuit Declines to Lift Injunction Barring Implementation of the Obama Administration's 2014 Deferred Action Programs

Description: This legal sidebar discusses a decision by the Fifth Circuit in which they declined to lift an injunction barring the implementation of the Obama administration's 2014 deferred action programs. Additionally, the decision argued that the expansions are impermissible because they conflict with certain provisions of the Immigration and Nationality Act (INA).
Date: November 12, 2015
Partner: UNT Libraries Government Documents Department

Tropical Storm? The Supreme Court Considers Double Jeopardy and the Sovereign Status of Puerto Rico

Description: This legal sidebar discusses the nature of the relationship between the United States government and the territory of the Commonwealth of Puerto Rico. Based in part on statutory language providing that the relationship between Puerto Rico and the United States is "in the nature of a compact," arguments have been made that any change in Puerto Rico's political status must be consented to by both parties.
Date: November 4, 2015
Partner: UNT Libraries Government Documents Department