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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.
Item Type: Refine your search to only Report
open access

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.
Item Type: Refine your search to only Report
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
Item Type: Refine your search to only Report
open access

Asylum and Related Protections for Aliens Who Fear Gang and Domestic Violence

Description: This report examines asylum claims with specific focus on gang and domestic violence. It provides background on the topic and also outlines the U.S. Attorney General's decision in "Matter of A-B-," as well as recent guidance from the U.S. Department of Homeland Security's (DHS's) U.S. Citizenship and Immigration Services (USCIS) in light of that ruling.
Date: October 25, 2018
Creator: Smith, Hillel R.
Item Type: Refine your search to only Report
open access

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.
Item Type: Refine your search to only Report
open access

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.
Item Type: Refine your search to only Report
open access

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.
Item Type: Refine your search to only Report
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
Item Type: Refine your search to only Report
open access

Can Aliens in Immigration Proceedings Be Detained Indefinitely?: High Court Rules on Statutory, but not Constitutional Authority

Description: This report discusses the Supreme Court's ruling in the case of "Jennings vs. Rodriguez" which dealt with whether immigrant aliens could be detained indefinitely. The court ruled that the aliens could be held indefinitely without a bond hearing under statutory law but left the constitutionality of the action open for future interpretation.
Date: April 3, 2018
Creator: Smith, Hillel R.
Item Type: Refine your search to only Report
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.
Item Type: Refine your search to only Report
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