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A Brief History of Attorney General Recusal

Description: This report lists the fifteen previous instances of U.S. Attorney General's recusing themselves from an investigation since 1989 after the announcement by U.S. Attorney General Jeff Sessions that he was recusing himself from and any investigations regarding President Donald Trump's presidential campaign.
Date: March 8, 2017
Creator: Library of Congress. Congressional Research Service.
open access

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 C… more
Date: March 12, 2018
Creator: Freeman, Wilson C.
open access

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
open access

Fannie and Freddie Investors Turn to Congress After the Supreme Court Declines to Resurrect Their Legal Claims

Description: This report discusses the Supreme Court's decision to decline to review the case of "Perry Capital LLC. v. Murchin" which denied the claims of Fannie Mae and Freddie Mac shareholders against the federal government. It also discusses some of the plaintiffs desire to seek legislative reform from Congress to change the law governing profit transfers from Fannie Mae and Freddie Mac.
Date: March 16, 2018
Creator: Carpenter, David H.
open access

The House May Vote to File an Amicus Brief: Is this Unprecedented?

Description: This report discusses the historical precedence of the House authorizing the filing of an amicus brief. The case involves state challenges to the Obama Administration's expansion of its deferred action program for certain aliens brought to the U.S. as children and unauthorized aliens who are the parents of U.S. citizens or legal permanent resident aliens.
Date: March 16, 2016
open access

It Belongs in a Museum: Sovereign Immunity Shields Iranian Antiquities Even When It Does Not Protect Iran

Description: This report discusses the Supreme Court's decision in the case of "Rubin v. Islamic Republic of Iran" where the court ruled that the Foreign Sovereign Immunities Act (FSIA) did not permit U.S. victims of Iran-sponsored terrorist attacks to seize a collection of Persian antiquities on loan from Iran to a museum at the University of Chicago. The background of the case and case law about the FSIA is also discussed.
Date: March 22, 2018
Creator: Mulligan, Stephen P.
open access

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.
open access

Justice Antonin Scalia's Last Opinion

Description: This report discusses Justice Antonin Scalia's last opinion for the court (Kansas v. Carr). There, the Court reversed two decisions of the Kansas Supreme Court and held that "the Eighth Amendment [does not] require... capital-sentencing courts to instruct the jury that mitigating circumstances need not be proved beyond a reasonable doubt." It also held that the Eighth Amendment did not require separate trials for two of the defendants in one of the Kansas cases.
Date: March 15, 2016
open access

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.
open access

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.
open access

Six Justice Court to Decide Liability of Officials for Post 9/11 Detention

Description: This report discusses a Supreme Court case regarding whether men detained after 9/11 by federal authorities can sue the individual officials involved in their arrest and detainment that was due to be heard by a six justice court due to the death of Justice Scalia and the recusements of two other justices.
Date: March 7, 2017
Creator: Library of Congress. Congressional Research Service.
open access

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
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