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Jrisdiction Stripping: When May Congress Prohibit the Courts from Hearing a Case?

Description: This report discusses the Supreme Court case of "Patchak v. Zinke" and its relevance to Congress. It begins by briefly describing the Court's prior attempts to demarcate the boundaries of Congress's power to take cases away from the federal judiciary. It then discusses the facts and opinions in Patchak and analyzes the effect Patchak may have on Congress's legislative objectives.
Date: March 15, 2018
Creator: Lewis, Kevin M.
Partner: UNT Libraries Government Documents Department

Class Actions are Back at the Supreme Court: Statutory Time Limits and "Serial Relitigation" of Class Certification

Description: This report discusses the the Supreme Court case of "China Agritech v. Rush" which concerns whether a plaintiff in a failed class action suit can sue again individually even if they would have normally been barred from doing so by the statute of limitations. The report explores the history behind the existing rules that apply with respect to statutes of limitations and class actions (the American Pipe rule), before discussing the specifics of China Agritech and the importance of the case for Congress.
Date: March 12, 2018
Creator: Freeman, Wilson C.
Partner: UNT Libraries Government Documents Department

Supreme Court Interprets Dodd-Frank Whistleblower Protections: Implications for Securities Law and Beyond

Description: This report discusses the Supreme Court decision in the case of "Digital Realty Trust Inc. v. Somers" which addressed when retaliation protections for whistle-blowers apply under the Dodd-Frank Act. The court ruled that the protections only apply if the whistle-blower reports securities violations to the SEC and not if they only report the violations internally.
Date: March 8, 2018
Creator: Vanatko, Nicole
Partner: UNT Libraries Government Documents Department

District Court Enjoins DACA Phase-out: Explanation and Takeaways

Description: This report is an update of a previous report regarding DACA's phase-out and discusses court injunctions preventing the the phase-out of DACA benefits for those already enrolled and a decision by a Maryland federal court which prevents the Department of Homeland Security (DHS) from using personal information found in DACA applications for law enforcement purposes except by permission of the court in uses needed for national security, public safety, or the public interest.
Date: March 7, 2018
Creator: Smith, Hillel R. & Harrington, Ben
Partner: UNT Libraries Government Documents Department

The Latest on the SEC's Consideration of the Proposed Acquisition of Chicago Stock Exchange

Description: This report is an update of an earlier report regarding the SEC's consideration of a rule change regarding the proposed acquisition of the Chicago Stock Exchange by a group of Chinese investors with ties to the Chinese government. The SEC disapproved the rule change due to a lack of documentation on the funding sources of some investors and the deal was called off on March 5, 2018.
Date: March 7, 2018
Creator: Sykes, Jay B.
Partner: UNT Libraries Government Documents Department

Responding to the Opioid Epidemic: Legal Developments and FDA's Role

Description: This report discusses the opioid epidemic in the U.S. and the role of the Federal Food and Drug Administration (FDA) in helping end the epidemic. The report provides an overview of FDA's existing authorities, the historical context for the opioid epidemic, and the agency's current plan for combatting the opioid epidemic, concluding with an examination of the broader legal questions concerning the crisis.
Date: March 6, 2018
Creator: Armstrong, Kathryn B.
Partner: UNT Libraries Government Documents Department

Supreme Court to Hear Digital Privacy Case: Can the Government Obtain Emails Stored Abroad?

Description: This report discusses the upcoming Supreme Court case of "United States vs. Microsoft" which concerns whether the government can compel Microsoft to provide them emails stored abroad. This report provides background on the case, including an overview of the Stored Communications Act (SCA), discusses the specific issues presented by the Microsoft case, and explores the case's implications for Congress.
Date: February 23, 2018
Creator: Smith, Austin D.
Partner: UNT Libraries Government Documents Department

How Broad a Shield? A Brief Overview of Section 230 of the Communications Decency Act

Description: This report discusses Section 230 of the Communications Act of 1934 which was added too the law in 1996 to provide liability protection to online service providers regarding what users posted on their sites. Concerns about criminal activity being allowed to continue by companies due to the law and internet freedom advocates support for the law are discussed.
Date: February 21, 2018
Creator: Ruane, Kathleen Ann
Partner: UNT Libraries Government Documents Department

Russians Indicted for Online Election Trolling

Description: This report discusses the indictment of three Russian companies and 13 Russian national by the Department of Justice for interference in the 2016 presidential election. The charges brought for each one are detailed along with the sentencing guidelines for the crimes.
Date: February 21, 2018
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department

Where Can Corporations Be Sued for Patent Infringement? Part 2

Description: This report is part two of two and discusses other implications of the "TC Heartland" decision, including two notable recent decisions in the Federal Circuit interpreting the decision, "In re Cray" and "In re Micron Technology, Inc.," as well as other potential issues raised by TC Heartland and options for Congress.
Date: February 20, 2018
Creator: Yeh, Brian T.
Partner: UNT Libraries Government Documents Department