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Who Interprets Foreign Law in U.S. Federal Courts?
Federal courts are frequently called upon to evaluate foreign law in a variety of contexts—from routine breach of contract and tort claims to complex cases implicating the judicial branch’s role in in...
Financial Reform: Overview of the Volcker Rule
Congressional Research Service · 2018-07-09 · Resources · 1,804 words
Background Legislators and regulators have long grappled with whether restricting the types of activities banks can engage in, or reforming banks’ structures, might reduce the risk of large bank failu...
State Election Reform Payments: FY2018 Appropriations
Congressional Research Service · 2018-07-09 · Resources · 1,240 words
Election infrastructure in at least 21 states was targeted by Russian hackers during the 2016 campaign, according to the U.S. Department of Homeland Security (DHS). The omnibus spending bill enacted i...
Rural Highways
Congressional Research Service · 2018-07-05 · Reports · 9,441 words · PDF available
Of the nation’s 4.1 million miles of public access roads, 2.9 million, or 71%, are in rural areas. Rural roads account for about 30% of national vehicle miles traveled. However, with many rural areas ...
Questions Remain, Litigation Continues, over Military Service by Transgender Individuals
At present, the ability of openly transgender individuals to enlist and serve in the military, and receive certain military-funded medical care, remains unclear. Four lawsuits challenging the Presiden...
Partisan Gerrymandering: Supreme Court Provides Guidance on Standing and Maintains Legal Status Quo
In a redistricting case that some predicted could have resulted in a “blockbuster” ruling, Gill v. Whitford, the Supreme Court issued a more limited, yet still consequential decision. On June 18, 2018...
FY2019 Funding for CCS and Other DOE Fossil Energy R&D
Congressional Research Service · 2018-07-02 · Resources · 1,165 words
Carbon Capture and Sequestration Overview Carbon capture and sequestration (CCS, sometimes called carbon capture and storage) is a process that aims to capture man-made carbon dioxide (CO2) at its sou...
Federal Quantum Information Science: An Overview
Congressional Research Service · 2018-07-02 · Resources · 1,603 words
Combining elements of mathematics, computer science, engineering, and physical sciences, quantum information science (QIS) has the potential to provide capabilities far beyond what is possible with th...
When Can You Be Convicted of a Crime That Is Not a Crime?
A panel of the United States Court of Appeals for the Tenth Circuit (Tenth Circuit) recently upheld the murder conviction of a defendant who the court conceded had been “convicted of a crime that is n...
Hospital Charity Care and Related Reporting Requirements Under Medicare and the Internal Revenue Code
Congressional Research Service · 2018-06-28 · Resources · 1,640 words
Charity care is commonly understood to be, generally, an unrecovered cost written off by providers that results from providing care to individuals who are uninsured or who are otherwise unable to pay ...
Organizing Executive Branch Agencies: Who Makes the Call?
In a series of executive orders, directives, and publicly released recommendations, the Trump Administration has proposed reorganizing the executive branch. The reorganization proposals range from res...
Psychiatric Institutionalization and Deinstitutionalization
Congressional Research Service · 2018-06-26 · Resources · 820 words
The history of mental health care in the United States can be understood as a period of institutionalization followed by one of deinstitutionalization. Federal law, however, has not been fully aligned...
T-Mobile – Sprint Merger
Congressional Research Service · 2018-06-26 · Resources · 1,490 words
On April 29, 2018, T-Mobile US and Sprint Corporation announced a merger agreement that could change competitive conditions within the telecommunications industries. T-Mobile is valuing Sprint at appr...
Supreme Court Holds That SEC Administrative Law Judges Are “Officers” Subject to the Appointments Clause
On June 21, 2018, the Supreme Court released its opinion in Lucia v. Securities and Exchange Commission (SEC), holding that SEC administrative law judges (ALJs) are “Officers of the United States” wit...
Military Enjoined from Transferring American ISIS Suspect to Foreign Country—at Least for Now
In Doe v. Mattis, a case with potential ramifications regarding the authority to conduct military operations against the Islamic State of Iraq and the Levant (ISIS), the U.S. Court of Appeals for the ...
If You Rent a Car, Don’t Move the Seat Back
The Supreme Court recently announced its decision in Byrd v. United States. There, Pennsylvania police had pulled Byrd over “because he was driving with his hands at the 10 and 2’ position on the stee...
North American Free Trade Agreement (NAFTA)
Congressional Research Service · 2018-06-14 · Resources · 1,566 words
Overview NAFTA is a free trade agreement (FTA) among the United States, Canada, and Mexico that entered into force on January 1, 1994 (P.L. 103-182). At the time it was negotiated, NAFTA was unusual b...
UPDATE: Termination of Temporary Protected Status for Sudan, Nicaragua, Haiti, and El Salvador: Key Takeaways and Analysis
UPDATE: Following the publication of this Sidebar, the Department of Homeland Security (DHS) announced the termination of Temporary Protected Status (TPS) designation for Nepal and Honduras. DHS had o...
Endangered Species Considerations in Pesticide Use Restrictions: Background and Legislation
Congressional Research Service · 2018-06-07 · Resources · 1,539 words
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA; 7 U.S.C. 136 et seq.) requires that pesticides, before being approved for distribution or sale, must be registered by the U.S. Environme...
The Rise and Decline of the Alien Tort Statute
A narrowly divided Supreme Court held in Jesner v. Arab Bank, PLC that foreign corporations may not be defendants in suits brought under the Alien Tort Statute (ATS). In its current form, the ATS prov...
Victim Restitution: Attorneys’ Fees for Internal Investigations?
UPDATE, 6/5/2018: On May 29, 2018, the Supreme Court unanimously held that the Mandatory Victims Restitution Act does not authorize restitution to cover the costs of a victim’s private investigation c...
Masterpiece Cakeshop: Proving Government Hostility to Religion
On June 4, 2018, the Supreme Court released its much-anticipated decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission. The case presented a dispute between the State of Colorado and a ...
Global Oil Markets and U.S. Gasoline Prices 2018
Congressional Research Service · 2018-05-30 · Resources · 1,446 words
As the 2018 U.S. summer driving season begins, crude oil and gasoline prices have reached their highest levels since 2014. The international crude oil price benchmark (Brent) has increased by approxim...
DACA Rescission: Legal Issues and Litigation Status
On September 5, 2017, the Department of Homeland Security (DHS) issued a memorandum announcing its decision to rescind the Deferred Action for Childhood Arrivals initiative (DACA), which the Obama Adm...
Withdrawal from the Iran Nuclear Deal: Legal Authorities and Implications
President Trump recently announced that the United States is withdrawing from the Joint Comprehensive Plan of Action (JCPOA) related to Iran’s nuclear program, which is often referred to as the “Iran ...
Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI): Eligibility, Benefits, and Financing
Congressional Research Service · 2018-05-16 · Reports · 31,141 words · PDF available
The Social Security Administration (SSA) is responsible for administering two federal entitlement programs established under the Social Security Act that provide income support to individuals with sev...
U.S. Environmental Protection Agency (EPA) FY2018 Appropriations: Congressional Action
Congressional Research Service · 2018-05-16 · Resources · 1,514 words
Enacted March 23, 2018, the Consolidated Appropriations Act, FY2018 (P.L. 115-141), Division G, provided funding for Interior, Environment, and Related Agencies, including a total of $8.82 billion for...
The Supreme Court Bets Against Commandeering: Murphy v. NCAA, Sports Gambling, and Federalism
Congressional Research Service · 2018-05-16 · Posts · 2,270 words · PDF available
The Supreme Court recently held in Murphy v. NCAA that a federal law prohibiting states from “authorizing” sports gambling unconstitutionally “commandeered” the authority of state legislatures. In an ...
Overview of U.S. Environmental Protection Agency (EPA) Water Infrastructure Programs and FY2018 Appropriations
Congressional Research Service · 2018-05-09 · Resources · 1,512 words
Financing and investing in the nation’s drinking water and wastewater treatment systems has been an issue of increasing concern among stakeholders and many Members of Congress. Increased attention can...
How FDA Approves Drugs and Regulates Their Safety and Effectiveness
Congressional Research Service · 2018-05-08 · Reports · 14,101 words · PDF available
The Food and Drug Administration (FDA), a regulatory agency within the Department of Health and Human Services, regulates the safety and effectiveness of drugs sold in the United States. FDA divides t...
United States Off the Hook for Vacated Terror Judgment against Libya
Update: The United States Court of Appeals for the Federal Circuit affirmed the decision below in Alimanestianu v. United States, disagreeing with plaintiffs that a 2015 Supreme Court case, Horne v. D...
U.S. LNG Trade Rising, But No Domestic Shipping
Congressional Research Service · 2018-05-04 · Resources · 1,625 words
As U.S. natural gas production sets new records, trade in liquefied natural gas (LNG) has risen sharply. Since 2016, when the first plant in the lower 48 states to cool gas to minus 260ºF for export o...
Compelling Presidential Compliance with a Judicial Subpoena
Special Counsel Robert Mueller reportedly warned President Trump’s lawyers in a March meeting that if the President declined to participate in a voluntary interview, Mueller could issue a subpoena com...
Key Issues in FAA Reauthorization in the 115th Congress
Congressional Research Service · 2018-05-03 · Resources · 1,524 words
Background Reauthorization of federal civil aviation programs, including operations of the Federal Aviation Administration (FAA), has been a prominent issue in the 115th Congress. Congress has passed ...
The Travel Ban Case and Nationwide Injunctions
Congressional Research Service · 2018-05-02 · Posts · 2,004 words · PDF available
On Wednesday, April 25, 2018, the Supreme Court heard oral argument in the “travel ban” case, Trump v. Hawaii. While the case presents many significant issues, one that has received relatively less at...
Law Enforcement Access to Overseas Data Under the CLOUD Act
Law enforcement officials in the United States and abroad frequently seek access to electronic communications, such as emails and social media posts, stored on servers and in data centers in foreign c...
District Court Enjoins DACA Phase-Out: Explanation and Takeaways
Update 2: On April 24, 2018, a federal district court in the District of Columbia held that the rescission of the Deferred Action for Childhood Arrivals initiative (DACA) violates the Administrative P...
Can Corporations be Held Liable under the Alien Tort Statute?
Update: In a 5-4 opinion written by Justice Kennedy, the Supreme Court held that foreign corporations (including Arab Bank) may not be defendants in suits brought under the Alien Tort Statute. A Sideb...
Overview of “Travel Ban” Litigation and Recent Developments
This Sidebar provides an overview of the series of three executive actions (the first two taking the form of executive orders, and the third issued as a presidential proclamation) commonly referred to...
DOE Office of Electricity Delivery and Energy Reliability: Organization and FY2019 Budget Request
Congressional Research Service · 2018-04-20 · Resources · 976 words
Overview The Department of Energy’s (DOE’s) Office of Electricity Delivery and Energy Reliability (OE) has the lead role in addressing electricity infrastructure issues. Working with the Department of...
The International Space Station (ISS) and the Administration’s Proposal to End Direct NASA Funding by 2025
Congressional Research Service · 2018-04-18 · Resources · 1,660 words · PDF available
Introduction The Trump Administration’s FY2019 budget for the National Aeronautics and Space Administration (NASA) proposes to end direct NASA funding of the International Space Station (ISS) by 2025....
Murderous Schemes Are Not Violent Crimes?
The U.S. Court of Appeals for the Fourth Circuit (Fourth Circuit) recently held in U.S. v. McCollum that conspiracy to murder is not a violent crime for federal sentencing purposes. The comments of a...
Softwood Lumber Imports from Canada: Current Issues
Congressional Research Service · 2018-04-12 · Reports · 9,066 words · PDF available
Softwood lumber imports from Canada have been a persistent concern for Congress for decades. Canada is an important trading partner for the United States, but lumber production is a significant indust...
When the City Goes Broke: Pensions, Retirees, and Municipal Bankruptcies
In recent years, a significant number of cities, towns, and other municipalities in the United States have found themselves increasingly unable to pay their debts. In order to offer municipalities rel...
Sexual Harassment and Title VII: Selected Legal Issues
Congressional Research Service · 2018-04-09 · Reports · 28,624 words · PDF available
Title VII of the Civil Rights Act of 1964 (Title VII) generally prohibits discrimination in the workplace, but does not contain an express prohibition against harassment. The Supreme Court, however, h...
Commerce Department Announces Citizenship Question on 2020 Census and Lawsuits Filed
On March 26, 2018, the Commerce Department, which houses the U.S. Census Bureau, announced that the 2020 decennial census questionnaire will include a citizenship question. Thereafter, the State of Ca...
UPDATE: The End of the Deferred Action for Childhood Arrivals Program: Some Immediate Takeaways
UPDATE: Following the publication of this Sidebar, additional developments have arisen that affect the Trump Administration’s planned phase-out of the Deferred Action for Childhood Arrivals (DACA) pro...
Universal Basic Income Proposals for the United States
Congressional Research Service · 2018-04-03 · Resources · 1,533 words
Overview Conceptually, a universal basic income (UBI) program provides a modest cash income at regular intervals (e.g., each month or year) to all individuals meeting minimal eligibility criteria. A ...
Can Aliens in Immigration Proceedings Be Detained Indefinitely? High Court Rules on Statutory, but not Constitutional Authority
Recently, the Supreme Court in Jennings v. Rodriguez interpreted provisions of the Immigration and Nationality Act (INA) as authorizing the potentially indefinite detention of certain categories of al...
Supreme Court Considering Second Partisan Gerrymandering Case This Term
For a second time during the current term, the U.S. Supreme Court is considering a claim of unconstitutional partisan gerrymandering. On March 28, 2018, the Court heard oral argument in Benisek v. Lam...