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An Overview of U.S. Immigration Laws Regulating the Admission and Exclusion of Aliens at the Border

Description: This report discusses U.S. immigration law as it relates to the Trump Administration's zero tolerance policy to criminally prosecute migrants who unlawfully enter the United States at the southern border; a policy which has led to the separation of children from parents awaiting prosecution for unlawful entry.
Date: June 25, 2018
Creator: Smith, Hillel R.
Partner: UNT Libraries Government Documents Department
open access

The Rise and Decline of the Alien Tort Statute

Description: This report explains the original purpose of the Alien Tort Statute (ATS), restrictions placed on the ATS by the Supreme Court, the effect of the recent case Jesner v. Arab Bank, PLC, and the response from Congress.
Date: June 6, 2018
Creator: Mulligan, Stephen P.
Partner: UNT Libraries Government Documents Department
open access

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
open access

Supreme Court Invalidates Public-Sector Union Agency Fees: Considerations for Congress in the Wake of Janus

Description: This report discusses the Supreme Court case Janus v. American Federation of State, County, and Municipal Employees, Council 31 (AFSCME). In a 5-4 decision, the Court held that "agency fee" arrangements between a union and a government employer necessarily violate the First Amendment, overruling its 1977 decision in Abood v. Detroit Board of Education.
Date: July 20, 2018
Creator: Killion, Victoria L.
Partner: UNT Libraries Government Documents Department
open access

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
open access

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
open access

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
open access

Family Separation at the Border and the Ms. L. Litigation

Description: This report explores the underlying policies resulting in family separation, the due process issues arguably implicated by these policies, and the political and judicial processes invoked to tackle the issue of family separation.
Date: July 31, 2018
Creator: Peck, Sarah Herman
Partner: UNT Libraries Government Documents Department
open access

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
open access

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
open access

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
open access

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
open access

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
open access

3D-Printed Guns: An Overview of Recent Legal Developments

Description: This report addresses the various legal questions that have arisen in recent litigation over 3D-printed guns by providing an overview of the issues and developments that have culminated in the injunction.
Date: September 11, 2018
Creator: Foster, Michael A.
Partner: UNT Libraries Government Documents Department
open access

Hostage-Taking Statute Covers Kidnapping for Ransom Abroad

Description: This report discusses the U.S. Court of Appeals case United States v. Noel, in which Noel challenged his conviction for seizing an American citizen in Haiti to hold for ransom.
Date: July 30, 2018
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department
open access

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
open access

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
open access

House Passes Bill to Amend the Federal "Crime of Violence" Definition

Description: This report discusses the Community Safety and Security Act of 2018 (CSSA), which was recently passed in the House and which would amend the federal "crime of violence" (COV) definition.
Date: October 11, 2018
Creator: Smith, Hillel R.
Partner: UNT Libraries Government Documents Department
open access

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
open access

Who Can Serve as Acting Attorney General

Description: This report discusses the two primary arguments raised to challenge the President's decision to name Matthew Whitaker as Acting Attorney General: first, that the Vacancies Act does not apply because another statute, 28 U.S.C. § 508, provides that the Deputy Attorney General (DAG) serves as Acting AG in the event of a vacancy; and second, that the Appointments Clause prohibits Whitaker, a non-Senate-confirmed official, from serving as the head of the Department of Justice (DOJ).
Date: November 15, 2018
Creator: Brannon, Valerie C. & Cole, Jared P.
Partner: UNT Libraries Government Documents Department
open access

District Court Temporarily Blocks Implementation of Asylum Restrictions on Unlawful Entrants at the Southern Border

Description: This report discusses the Temporary Restraining Order (TRO) barring the Trump Administration from implementing new asylum restrictions. The asylum restrictions were prompted by reports of a "migrant caravan" traveling through Mexico to the southern border of the United States.
Date: November 27, 2018
Creator: Smith, Hillel R. & Harrington, Ben
Partner: UNT Libraries Government Documents Department
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