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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 Just… more
Date: August 8, 2018
Creator: Shimabukuro, Jon O.
Partner: UNT Libraries Government Documents Department
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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
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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
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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
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Charlottesville Car Crash Attack: Possibility of Federal Criminal Prosecution

Description: This report discusses the announcement that the Charlottesville, Virginia car crash attack is being investigated as a federal civil rights case. It also outlines the sections of the federal law under which the attack could be classified.
Date: August 15, 2017
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department
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Congressional Health Coverage: Is the Government Contribution in Limbo?

Description: This report first provides an overview of the statutory framework governing congressional health coverage and the current Office of Personnel Management (OPM) rule, and then addresses certain legal considerations that may come into play should the Trump Administration take action to modify this existing rule.
Date: August 24, 2017
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department
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DC Circuit Holds An Agency Official's Private Email Account Not Beyond the Reach of FOIA

Description: This report discusses the D.C. Circuit Court of Appeals decision in "Competitive Enterprise Institute v. Office of Science and Technology Policy" stating that emails pertaining to work in personal email accounts are accessible under Freedom of Information Act (FOIA) requests.
Date: August 9, 2016
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department
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DOJ Brings Forfeiture Action to Seize and Return $1 Billion Embezzled Malaysian Government Assets

Description: This report discuses the Department of Justice's (DOJ's) civil forfeiture action against $1 billion worth of assets bought with money embezzled from the government of Malaysia by high-level officials in Malaysia from 2009 to 2015.
Date: August 15, 2016
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department
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Dude, Where's My Jurisdiction? Congressional Efforts to Strip Federal Courts of Jurisdiction

Description: This report discusses Congress' right to strip federal courts of jurisdiction at any time including during litigation. It specifically discusses the case of "Patchak v. Jewell" concerning the Department of Interior's right to hold land in trust for a Native American tribe which led to Congress using their right to strip courts of jurisdiction to end the case.
Date: August 17, 2016
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department
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The Federal Circuit Rules on Trademarks Considered Offensive: May Affect Redskins Trademark Dispute

Description: This legal sidebar examines cases involving the revocation of the Washington Redskins' federally-registered trademarks (Pro-Football, Inc. v. Blackhorse) and the refusal to grant registration for a rock band's name (In re Tam). These cases raise questions about the constitutionality of Section 2(a) of the Trademark Act of 1946 (conventionally known as the Lanham Act), which denies trademark registration to certain offensive content.
Date: August 8, 2016
Partner: UNT Libraries Government Documents Department
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For First Time, FinCEN Imposes Penalty on Foreign-Based Virtual Currency Exchange for Violations of Anti-Money Laundering Laws

Description: This report discusses the first case of enforcement by the U.S. Treasury Department's Financial Crimes Enforcement Network (FinCEN) against a foreign-based virtual currency exchange. The action was taken agains BTC-e for violations of anti-money laundering regulations in the U.S. and potential money laundering activities.
Date: August 17, 2017
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department
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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
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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
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Legal Status of CEQ's Final Guidance on Climate Change in Environmental Reviews under NEPA

Description: This report discusses the Council on Environmental Quality's (CEQ) guidance document for federal agencies on reducing greenhouse gas emissions and considering the effects an action may have on climate change.
Date: August 17, 2016
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department
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Legislative Proposals Seek Statutory Protections Related to Removing a Special Counsel

Description: This report discusses the current rules for special counsels investigating executive branch officials and new proposed laws regarding special counsels and the process required to remove one from their position.
Date: August 22, 2017
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department
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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
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Presidential Pardons: Frequently Asked Questions (FAQs)

Description: This report provides a general overview of the pardon power and briefly addresses a few frequently-asked legal questions concerning its scope and application, such as: whether the President can issue a "prospective pardon, pardon himself or issue "secret" pardons, whether the acceptance of a pardon is an admission of guilt, and whether Congress can regulate the President's pardon power.
Date: August 28, 2017
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department
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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
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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
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