|LEGALITY OF FIXED-PRICE
INTERGOVERNMENTAL AGREEMENTS FOR DETENTION SERVICES
of Justice has authority to enter Intergovernmental Agreements
with state or local governments to provide for the detention
of federal prisoners and detainees on a fixed-price basis and
is not limited to providing compensation for costs under such
December 31, 2002
|DUTY TO FILE PUBLIC FINANCIAL DISCLOSURE REPORT
|A member of a commission in the Executive Branch need not file a public financial disclosure report in circumstances where the employee's salary is set by administrative action within a range specified by statute, is below the statutory salary threshold for such reports, but could have been set at a level making a public report necessary.
The financial disclosure obligations of Legislative Branch officials should be construed similarly, because the statutory language applicable to officials in the Executive Branch is, in relevant part, identical to that applicable to officials in the Legislative Branch.
December 19, 2002
|UNDER SECRETARY OF THE TREASURY FOR ENFORCEMENT
|The President does not have a legal duty to make a nomination for Under Secretary
of the Treasury for Enforcement.
If the President does not make a nomination, the Secretary of the Treasury could perform the duties himself or assign them to
another official of his Department.
December 19, 2002
|WHETHER FALSE STATEMENTS OR OMISSIONS IN IRAQ'S
WEAPONS OF MASS DESTRUCTION DECLARATION WOULD CONSTITUTE A "FURTHER MATERIAL BREACH" UNDER
U.N. SECURITY COUNCIL RESOLUTION 1441
|False statements or omissions in Iraq's weapons of mass destruction declaration would by themselves constitute a "further material breach" of United Nations Security Counsel Resolution 1441.
December 7, 2002
|EXPIRATION OF AUTHORITY
OF RECESS APPOINTEES
of the National Labor Relations Board who received recess
appointments between the first and second sessions of the
107th Congress may not continue to serve on the Board after
the Senate adjourned the second session sine die.
November 22, 2002
|DESIGNATION OF ACTING SOLICITOR OF LABOR
Eugene Scalia, now serving as the Solicitor
for the Department of Labor under a recess appointment, could be given a second position in the
non-career Senior Executive Service in the Department of Labor before or after his recess appointment
expires and, while serving in his non-career Senior Executive Service position, could be designated
as the Acting Solicitor after his recess appointment expires.
November 15, 2002
|EFFECT OF A RECENT UNITED NATIONS SECURITY COUNCIL RESOLUTION ON THE AUTHORITY OF THE PRESIDENT UNDER INTERNATIONAL LAW TO USE MILITARY FORCE AGAINST IRAQ
|United Nations Security Council Resolution 1441 does not alter the legal authority, under international law, granted by existing U.N. Security Council resolutions to use force against Iraq.
November 8, 2002
|AUTHORITY OF THE PRESIDENT UNDER DOMESTIC AND INTERNATIONAL LAW TO USE MILITARY FORCE AGAINST IRAQ
|The President possesses constitutional authority to use military force against Iraq to protect United States national interests. This independent constitutional authority is supplemented by congressional authorization in the form of the Authorization for Use of Military Force Against Iraq Resolution.
Using force against Iraq would be consistent with international law because it would be authorized by the United Nations Security Council or would be justified as anticipatory self-defense.
October 23, 2002
|AUTHORITY OF FEMA
TO PROVIDE DISASTER ASSISTANCE TO SEATTLE HEBREW ACADEMY
Disaster Relief and Emergency Assistance Act of 1974 and its
implementing regulations permit FEMA to provide federal disaster
assistance for the reconstruction of Seattle Hebrew Academy,
a private religious school that was damaged in an earthquake
in 2001. The Establishment Clause of the First Amendment does
not pose a barrier to the Academy's receipt of such aid.
September 25, 2002
|APPLICATION OF 44
U.S.C. § 1903 TO PROCUREMENT OF PRINTING OF GOVERNMENT PUBLICATIONS
U.S.C. § 1903 does not prevent executive agencies from
using private printers at agency expense to print copies of
government publications for their own use while at the same
time requisitioning depository copies from the Government
Printing Office at GPO expense.
August 22, 2002
|FEDERAL RESERVE BOARD
EFFORTS TO CONTROL ACCESS TO BUILDINGS AND OPEN MEETINGS
The Board of
Governors of the Federal Reserve System may, consistent with
its obligations under the Government in the Sunshine Act,
place observers of an open meeting of the Board in a separate
room to watch the meeting on closed-circuit television.
It is permissible under both the Sunshine Act and the Piracy
Act for the Board to require disclosure of personal information
and satisfaction of a security check as a condition of entering
the Board's buildings for access to the separate room to observe
an open meeting.
July 9, 2002
|SURVEY OF THE LAW
a U.S. citizen subject to the Citizenship Clause of the Fourteenth
Amendment on the ground that, after reaching the age of 18,
the person has obtained foreign citizenship or declared allegiance
to a foreign state generally will not be possible absent substantial
evidence, apart from the act itself, that the individual specifically
intended to relinquish U.S. citizenship. An express statement
of renunciation of U.S. citizenship would suffice.
June 12, 2002
|AUTHORITY OF FEDERAL
JUDGES AND MAGISTRATES TO ISSUE "NO-KNOCK" WARRANTS
and magistrates may lawfully and constitutionally
issue "no-knock" warrants where circumstances justify a no-knock
entry, and federal law enforcement officers may lawfully apply
for such warrants under such circumstances.
Although officers need not take affirmative steps to make an
independent re-verification of the circumstances already recognized
by a magistrate in issuing a no-knock warrant, such a warrant
does not entitle officers to disregard reliable information
clearly negating the existence of exigent circumstances when
they actually receive such information before execution of the
June 12, 2002
OF INELIGIBILITY CLAUSE TO APPOINTMENT OF CONGRESSMAN TONY P.
|The Ineligibility Clause of the
Constitution would not bar the President from appointing Congressman
Tony P. Hall as United States Representative to the United Nations
Agencies for Food and Agriculture, with the rank of Ambassador.
May 30, 2002
OF CONFLICT-OF-INTEREST RULES TO APPOINTEES WHO HAVE NOT BEGUN
|Conflict-of-interest rules do not
apply by virtue of appointment alone but instead apply only
when an appointee has begun the duties of his office
May 8, 2002
AUTHORITY OF THE
CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD TO DELEGATE POWER
| Although the Chemical Safety and
Hazard Investigation Board may not name an "Acting Chairperson," it
may delegate administrative and executive authority to a single
member while the position of chairperson is vacant.
April 19, 2002
|CENTRALIZING BORDER CONTROL POLICY UNDER THE SUPERVISION OF THE ATTORNEY GENERAL
|In general, the President may not transfer the functions of an agency statutorily created within one Cabinet department to another Cabinet department without an act of Congress.
The President may not delegate his presidential authority to supervise and control the executive departments to a particular member of the Cabinet where no statutory authority exists to do so.
The President may exercise his own power to establish a comprehensive border control policy for the federal Government and direct a single Cabinet member to lead and coordinate the efforts of all Cabinet agencies to implement that policy.
March 20, 2002
|ROLE OF LEGAL GUARDIANS
OR PROXIES IN NATURALIZATION PROCEEDINGS
|Section 504 of
the Rehabilitation Act requires the INS as a reasonable accommodation
to permit a legal guardian or proxy to represent a mentally
disabled applicant in naturalization proceedings.
March 13, 2002
|APPLICATION OF 18
U.S.C. § 203 TO FORMER EMPLOYEE'S RECEIPT OF ATTORNEY'S FEES
IN QUI TAM ACTION
|18 U.S.C. § 203
would not bar a former federal employee from sharing in attorney's
fees in a qui tam action, provided that those fees, calculated
under the lodestar formula, are prorated such that the former
employee does not receive any fees attributable to his time
in the government.
February 28, 2002
|STATUS OF TALIBAN FORCES UNDER
ARTICLE 4 OF THE THIRD GENEVA CONVENTION OF 1949
|The President has reasonable factual
grounds to determine that no members of the Taliban militia are entitled to prisoner
of war status under Article 4 of the 1949 Geneva Convention (III) Relative to the
Treatment of Prisoners of War.
February 7, 2002