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D.C. Circuit Court Upholds as Constitutional the Structure of the CFPB: Part 1

Description: This report discusses the decision of the D.C. Circuit Appeals Court which upheld the structural design of the Consumer Financial Protection Bureau (CFPB). This report begins with a brief summary of the Supreme Court's views of the President's removal power before addressing the PHH litigation and the en banc majority opinion. Part II of this series will address some of the separate opinions issued in the case and then highlight certain implications for Congress.
Date: February 12, 2018
Creator: Garvey, Todd & Cole, Jared P.
Partner: UNT Libraries Government Documents Department

D.C. Circuit Court Upholds as Constitutional the Structure of the CFPB: Part 2

Description: This report discusses the decision of the D.C. Circuit Appeals Court which upheld the structural design of the Consumer Financial Protection Bureau (CFPB). This report is Part II of a two part series and will address some of the separate opinions issued in the case and then highlight certain implications for Congress.
Date: February 12, 2018
Creator: Garvey, Todd & Cole, Jared P.
Partner: UNT Libraries Government Documents Department

Would it Violate Equal Protection to Prohibit Naturalized "Dreamers: from Sponsoring Their Parents for Immigrant Visas?

Description: This report discusses the question of whether "Dreamers" who were given a pathway to citizenship and became naturalized citizens could sponsor their parents for immigration visas in the same way any other U.S. citizen could. Case law and various considerations which could affect such a decision are discussed.
Date: February 12, 2018
Creator: Harrington, Ben
Partner: UNT Libraries Government Documents Department

Victim Restitution: Attorney's Fees for Internal Investigations?

Description: This report discusses of whether a federal statute which requires victim reimbursement for "other expenses incurred during participation in the investigation or prosecution of the [victimizing] offense" cover "costs that were neither required nor requested by the government, including costs incurred for the victim's own purposes and unprompted by any official action? An upcoming Supreme Court case ("Lagos v. United States") is set to consider this question.
Date: February 6, 2018
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department

Addressing Sexual Harassment by Modifying the Congressional Accountability Act of 1995: A Look at Key Provisions in H.R. 4822.

Description: This report discusses the Congressional Accountability Act of 1995 (CAA) and proposed reforms to how it handles harassment claims through the bill H.R. 4822. The report highlights and considers some of the major differences between the current process provided under the CAA and the process that would exist if H.R. 4822 were enacted, as well as other changes proposed by the bill that could affect both legislative branch employees and Members of Congress.
Date: January 29, 2018
Creator: Back, Christine J. & Freeman, Wilson C.
Partner: UNT Libraries Government Documents Department

Shining a Light on the Solar Trade: Investigation Leads to Tariffs on Solar-Related Imports (Part 1)

Description: This report is part one of a report discussing the implementation of a tariff-rate quota on solar-energy related imports for four years beginning February 7, 2018. The announcement was triggered by the results of a U.S. International Trade Commission (ITC) investigation into potential harm to U.S. industries from the importation of solar-panel related parts. The process of an ITC investigation is described in this part of the the report.
Date: January 26, 2018
Creator: Lewis, Caitlain Devereaux
Partner: UNT Libraries Government Documents Department

Shining a Light on the Solar Trade: Investigation Leads to Tariffs on Solar-Related Imports (Part 2)

Description: This report is part two of a report discussing the implementation of a tariff-rate quota on solar-energy related imports for four years beginning February 7, 2018. The announcement was triggered by the results of a U.S. International Trade Commission (ITC) investigation into potential harm to U.S. industries from the importation of solar-panel related parts. This section of the report discusses the background of the investigation and various options the ITC suggested as a remedy to their findings of injury to U.S. industry as well as Congressional considerations.
Date: January 26, 2018
Creator: Lewis, Caitlain Devereaux
Partner: UNT Libraries Government Documents Department

Amateur Strip-Club Arrests: Probable Cause and Qualified Immunity

Description: This report discusses the Supreme Court case "District of Columbia v. Wesby" which addressed the question of what constituted probable cause for arrest and police officers qualified immunity from personal lawsuits against them for actions during the course of their duties.
Date: January 24, 2018
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department

Overview of "Travel Ban" Litigation and Recent Developments

Description: This report provides an overview of the series of executive actions (the first two taking the form of executive orders, and the third issued as a presidential proclamation) commonly referred to as the "Travel Ban," which restrict the entry of specified categories of non-U.S. nationals (aliens) into the United States, and the litigation related to those executive actions. It also addresses a fourth and more recent executive action--an executive order issued on October 24, 2017--which announced the general resumption of refugee admissions into the United States (subject to certain restrictions) following the expiration of a temporary suspension on such admissions.
Date: January 18, 2018
Creator: Smith, Hillel R. & Harrington, Ben
Partner: UNT Libraries Government Documents Department

"Marbury v. Madison Returns"! The Supreme Court Considers the Scope of "Judicial Power"

Description: This report provides background on "Marbury v. Madison" and the upcoming case of Dalmazzi v. United States" which challenges the jurisdiction of the Supreme Court over the Court of Appeals for the Armed Forces (CAAF) and concludes by exploring the potential ramifications of the jurisdictional question "Dalmazzi" poses.
Date: January 16, 2018
Creator: Freeman, Wilson C.
Partner: UNT Libraries Government Documents Department

Supreme Court Agrees to Hear Constitutional Challenge to SEC Administrative Law Judges

Description: This report discusses the case of "Lucia v. Securities and Exchange Commission (SEC)" which is scheduled to be heard by the Supreme Court. The case addresses whether administrative law judges(ALJs) within the SEC are "Officers of the United States" (officers) who must be appointed in accordance with the Appointments Clause of Article II of the Constitution.
Date: January 16, 2018
Creator: Killion, Victoria L.
Partner: UNT Libraries Government Documents Department

Updated: Will the Supreme Court Address State's Power to Require that Retailers Tax Internet Sales?

Description: This report is an update of an earlier report regarding a state's power to require retailers to tax internet sales in the purchasers state of residence. A case was brought by the state of South Dakota against Wayfair.com (South Dakota v. Wayfair) which was accepted to be heard by the Supreme Court on January 12, 2018.
Date: January 16, 2018
Creator: Lunder, Ericka K.
Partner: UNT Libraries Government Documents Department

The Logan Act: An Overview of a Sometimes Forgotten 18th Century Law

Description: This report discusses the Logan Act, including a brief explanation of some of the constitutional concerns that surround the law. This report concludes with a discussion of what Congress could do to modify the statute to make it less susceptible to some of these concerns.
Date: January 12, 2018
Creator: Freeman, Wilson C.
Partner: UNT Libraries Government Documents Department

Update: Who's the Boss at the CFPB

Description: This report is an update regarding the acting director of the Consumer Financial Protection Bureau, as there were two indivuduals who claimed the right to the job. The Trump Administration appointed acting director, Mick Mulvaney, was confirmed in his position after a lawsuit filed by the previous acting director, Leandra English, was denied by the DC courts.
Date: January 11, 2018
Creator: Brannon, Valerie C. & Cole, Jared P.
Partner: UNT Libraries Government Documents Department

Attorney General's Memorandum on Federal Marijuana Enforcement: Possible Impacts

Description: This report discusses Attorney General Jeff Sessions' memorandum on federal marijuana enforcement policy sent to all U.S. Attorneys that immediately rescinds guidance documents specific to marijuana enforcement. It provides background on the memorandum, the relevant regulations, and implications of withdrawing previous guidance.
Date: January 10, 2018
Creator: Garvey, Todd & Yeh, Brian T.
Partner: UNT Libraries Government Documents Department

Facing the FAST Act: Abortion and Free Speech (Part 1)

Description: First part of a report regarding the Supreme Court case: "National Institute of Family and Life Advocates (NIFLA) v. Becerra;" it involves a California state law that requires certain pregnancy centers to distribute particular information to clients which they contend violates their free speech rights. This report provides an overview of the challenged law, followed by an analysis of how the Supreme Court might categorize the speech at issue.
Date: January 10, 2018
Creator: Killion, Victoria L.
Partner: UNT Libraries Government Documents Department