Embassy of the United States

Law & Justice

Laws & Regulations Archive

A FRESH START FOR A NEW ADMINISTRATION: REFORMING LAW AND JUSTICE POLICIES. American Constitution Society for Law and Policy. November 2008.
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On October 16th and October 30th, American Constitution Society released a package of proposals for a new Administration, of either party, and hosted a panel discussion on the topics they address. The proposals, contained in two dozen papers, cover a range of law and justice policy areas. The leading experts in these fields, past and present U.S. Senators, a former Attorney General and other high-ranking executive branch officials, distinguished scholars, and prominent advocates, offer their ideas for reforming federal law and policy.
[Note: contains copyrighted material]

THE LAST HOLDOUTS: ENDING THE JUVENILE DEALTH PENALTY IN IRAN, SAUDI ARABIA, SUDAN, PAKISTAN, AND YEMEN. Human Rights Watch. September 2008.
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The prohibition on the death penalty for crimes committed by juvenile offenders, persons under age 18 at the time of the offense, is well established in international treaty and customary law. The overwhelming majority of states comply with this standard: only five states are known to have executed juvenile offenders since January 2005. In Iran and Saudi Arabia, the two countries that account for the largest number of executions of juvenile offenders, these sentences are the result of deliberate state policies to retain the juvenile death penalty. In Sudan, Yemen, and Pakistan, laws prohibiting the death penalty for crimes committed by persons under age 18 are not always implemented.
[Note: contains copyrighted material]

CONSTITUTIONAL LIMITS ON HATE CRIME LEGISLATION.
Congressional Research Service, Library of Congress. Alison M. Smith. February 20, 2008.
Full Text [pdf format, 6 pages]

Federal and state legislators recognize the special concerns and effects of hate crimes. Although there is some federal legislation in place, many states have enacted some form of ethnic intimidation law or bias-motivated sentence-enhancement factors in attempts to curtail hate crimes. Several United States Supreme Court cases provide the framework in which states must legislate to ensure the constitutionality of hate crime legislation. After these landmark cases, the real questions for states involve identifying permissible ways to curtail hate crimes without infringing on any constitutionally protected rights.

AA07392
Barnello, Michelle A. and Bratton, Kathleen A. BRIDGING THE GENDER GAP IN BILL SPONSORSHIP (Legislative Studies Quarterly, Vol. 32, No. 3, August 2007, pp. 449-474)
Full text available from your nearest American Library

The authors explore how gender, race, education, age and other factors influence sponsorship of legislation on women's issues in the U.S. Congress. Traditional women's issues include pay equity, domestic violence, child care, and health issues that concern women and children. Personal characteristics have a marked influence on bill sponsorship. Younger, well-educated, and married men with children sponsor more measures focusing on children's policy than do others. The authors found that African-American men were more likely than other men to align themselves with women in support of women's issues. Service on committees concerned with health, education and welfare influenced men to lend greater support to women's interests as did legislative position. Democratic men were more likely to sponsor such legislation than Republican, and partisan differences on such issues had become more polarized. The authors note a trend towards men in general supporting traditional women's issues as a result of societal changes, but women still take the lead on issues that specifically concern them.

ACCESS TO GOVERNMENT INFORMATION IN THE UNITED STATES. Harold C. Relyea and Michael W. Kolakowski. Congressional Research Service (CRS), Library of Congress. Updated June 13, 2007.
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This Congressional Research Service (CRS) report reviews the historical aspects of inter-branch disputes of government information. “The Constitution of the United States makes no specific allowance for any one of the co-equal branches to have access to information held by the others and contains no provision expressly establishing a procedure for, or a right of, public access to government information.” However, over the years, Congress has legislated public access laws; e.g., the Freedom of Information Act (FOIA). Federal courts, on the other hand, have been reluctant to review disputes between Congress and the executive branch. It is expected that these conflicts will continue.

CONTRACTING FOR FINANCIAL PRIVACY: THE RIGHTS OF BANKS AND CUSTOMERS UNDER THE REAUTHORIZED PATRIOT ACT.
Aditi A. Prabhu. Yale Law School Student Scholarship Series, Yale Law School. April 2007.
Full Text [pdf format, 81 pages]

According to the Patriot Act, federal authorities could access banks customers’ records by issuing formal subpoena-like requests under the Foreign Intelligence Surveillance Act (FISA) or informal national security letters (NSLs). However, the 2006 amendment to the Patriot Act permitted banks to challenge these requests. The author argues that the customers’ contracts with banks rely on the tradition of confidentiality which obligates banks to review the government requests and to file challenges when appropriate.

BEHIND THE PAY GAP.
Judy Goldberg Dey and Catherine Hill. American Association of University Women Education Foundation. Web posted April 23, 2007.
Full Text [pdf format, 67 pages]

This study examines the gender pay gap for college graduates. The study found that women one year after college graduation earn only 80 percent as much as men. Ten years after graduation, women fall farther behind. The study took several variables into consideration and found that “despite the progress women have made, gender pay equity in the workplace remains an issue.” The authors suggest that improvements to federal equal pay laws are needed to ensure that women and men are treated fairly when they perform the same or comparable work.

THE DIGITAL MILLENNIUM COPYRIGHT ACT: EXEMPTIONS TO THE PROHIBITION ON CIRCUMVENTION.
Kate M. Manual and Brian T. Yeh. Congressional Research Service (CRS), Library of Congress. February 21, 2007.
Full Text [pdf format, 18 pages]

The Digital Millennium Copyright Act (DMCA) passed in 1998 to protect copyright owners from infringement facilitated by digital technologies. However, the DMCA does permit temporary exemptions, such as “fair use,” which are granted every three years.

Six new exemptions have been granted and will take effect on October 27, 2009. These exemptions permit (1) the making of compilations of video clips for study courses; (2) archiving of obsolete computer programs or games; (3) bypassing obsolete hardware locks; (4) reading-aloud e-book functions; (5) connecting wireless telephone handsets to networks; and (6) testing for and correcting security flaws.

FOREIGN STUDENTS IN THE UNITED STATES: POLICIES AND LEGISLATION.
Chad C. Haddal. Congressional Research Service (CRS), Library of Congress. Updated December 8, 2006.
Full Text [pdf format, 18 pages]

Five years after 9/11, foreign student visas remain a security concern (several of the terrorists were in the U.S. on student visas). However, higher education institutions are concerned over the ability to attract foreign students especially in the science, technology, engineering and mathematic (STEM) fields. Legislation to address these concerns had been introduced in the 109th Congress.

CLIMATE CHANGE: GREENHOUSE GAS REDUCTION BILLS IN THE 110TH CONGRESS.
Larry Parker. Congressional Research Service, Library of Congress. January 31, 2007.
Full Text [pdf format, 19 pages]

“A number of congressional proposals to advance programs that reduce greenhouse gases have been introduced in the 110th Congress. Proposals receiving particular attention would create market-based greenhouse gas reduction programs along the lines of the trading provisions of the current acid rain reduction program established by the 1990 Clean Air Act Amendments. This paper presents a side-by-side comparison of the major provisions of those bills and includes a glossary of common terms.”

SECURE FENCE ACT OF 2006. [H.R. 6061]
United States House of Representatives. Signed into law by the President on October 26, 2006.
Full text [pdf format, 3 pages]

This legislation directs the Secretary of Homeland Security, within 18 months of enactment of this Act, to take appropriate actions to achieve operational control over U.S. international land and maritime borders, including: (1) systematic border surveillance through more effective use of personnel and technology, such as unmanned aerial vehicles, ground-based sensors, satellites, radar coverage, and cameras; and (2) physical infrastructure enhancements to prevent unlawful border entry and facilitate border access by U.S. Customs and Border Protection, such as additional checkpoints, all weather access roads, and vehicle barriers.

It also directs the Secretary to provide at least two layers of reinforced fencing, installation of additional physical barriers, roads, lighting, cameras, and sensors extending:

1. from ten miles west of the Tecate, California, port of entry to ten miles east of the Tecate, California, port of entry;
2. from ten miles west of the Calexico, California, port of entry to five miles east of the Douglas, Arizona, port of entry (requiring installation of an interlocking surveillance camera system by May 30, 2007, and fence completion by May 30, 2008);
3. (3) from five miles west of the Columbus, New Mexico, port of entry to ten miles east of El Paso, Texas;
4. from five miles northwest of the Del Rio, Texas, port of entry to five miles southeast of the Eagle Pass, Texas, port of entry; and
5. 15 miles northwest of the Laredo, Texas, port of entry to the Brownsville, Texas, port of entry (requiring fence completion from 15 miles northwest of the Laredo, Texas, port of entry to 15 southeast of the Laredo, Texas, port of entry by December 31, 2008).

This legislation directs the Secretary of Homeland Security, within 18 months of enactment of this Act, to take appropriate actions to achieve operational control over U.S. international land and maritime borders, including:

1. systematic border surveillance through more effective use of personnel and technology, such as unmanned aerial vehicles, ground-based sensors, satellites, radar coverage, and cameras; and (2) physical infrastructure enhancements to prevent unlawful border entry and facilitate border access by U.S. Customs and Border Protection, such as additional checkpoints, all weather access roads, and vehicle barriers.
2. It also directs the Secretary to provide at least two layers of reinforced fencing, installation of additional physical barriers, roads, lighting, cameras, and sensors extending: (1) from ten miles west of the Tecate, California, port of entry to ten miles east of the Tecate, California, port of entry;
3. from ten miles west of the Calexico, California, port of entry to five miles east of the Douglas, Arizona, port of entry (requiring installation of an interlocking surveillance camera system by May 30, 2007, and fence completion by May 30, 2008);
4. from five miles west of the Columbus, New Mexico, port of entry to ten miles east of El Paso, Texas;
5. from five miles northwest of the Del Rio, Texas, port of entry to five miles southeast of the Eagle Pass, Texas, port of entry; and
6. 15 miles northwest of the Laredo, Texas, port of entry to the Brownsville, Texas, port of entry (requiring fence completion from 15 miles northwest of the Laredo, Texas, port of entry to 15 southeast of the Laredo, Texas, port of entry by December 31, 2008).

GENE PATENTS: A BRIEF OVERVIEW OF INTELLECTUAL PROPERTY ISSUES.
Wendy H. Schacht. Library of Congress, Congressional Research Service. October 3, 2006.
Full report [pdf format, 6 pages]

Under U.S. law, a product of nature (a preexisting substance that is found in the wild) may not be patented, per se. However, the courts have also determined that such a product of nature may be patentable if significant artificial changes are made. By purifying, isolating, or otherwise altering a naturally occurring product, an inventor may obtain a patent on the product in its altered form. Thus, “one cannot patent a naturally occurring gene or protein as it exists in the body, but one can patent a gene or protein that has been isolated from the body and is useful in that form as a pharmaceutical drug, screening assay or other application.”

The practice of awarding patents on genes, while upheld by the courts, has come under scrutiny and criticism by some scientists, legal scholars, and politicians. The subject of gene patenting involves various ethical, legal, and economic components. This report provides a short discussion of several issues.

ACCESS FOR ALL: FIVE YEARS OF PROGRESS. A REPORT FROM THE DEPARTMENT OF JUSTICE ON ENFORCEMENT OF THE AMERICANS WITH DISABILITIES ACT.
United States Department of Justice, Civil Rights Division. October 11, 2006.
Full report [pdf format, 80 pages]

This report reviews the actions of the Civil Rights Division during the last five years to enforce the Americans with Disabilities Act (ADA), enhance opportunities and improve access for millions of Americans with disabilities. The report also cites specific cases that demonstrate access compliance successes in areas ranging from health care to employment to emergency services. The report highlights the progress of Project Civic Access (PCA), a comprehensive program focused on ensuring that towns and cities across America comply with the ADA.

PCA has significantly expanded efforts to assist communities all across the U.S. as they take steps to make their programs and services accessible to disabled persons. As part of PCA, Department of Justice investigators, attorneys, and architects survey state and local government facilities and programs across the country, working with communities to identify modifications necessary to achieve ADA compliance. There is also an extensive mediation program, through which disabled persons can file complaints about public or private sector barriers to access. Through the mediation program, for example, the report features the progress of Project Civic Access (PCA), a comprehensive program focused on ensuring that towns and cities across America comply with the ADA. Under the leadership of the President through his New Freedom Initiative, PCA has significantly expanded efforts to assist communities all across America as they take steps to make their programs and services accessible.

AA06201
Zeitz, Joshua THE FOUR: HOW CIRCUIT COURT JUSTICES FIRED AT JIM CROW FROM THE BENCH (American Legacy, vol. 12, no. 2, Summer 2006, pp. 61-70)
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Zeitz profiles the lives and work of four justices of the Deep South's Federal Circuit Court: Richard Rives, John R. Brown, John Wisdom, and Elbert P. Tuttle. Throughout the 1950s and 1960s, these four justices, "both individually and in various combinations," struck down many of the "Jim Crow" laws that had established mandatory segregation dating back to the mid-1870s. Despite being subjected to ostracism, late night calls, and death threats, they integrated universities and school districts, enforced legal protection for black voters, and opened up access to public places for African-Americans. These rulings, the author asserts, were responsible for "vastly broadening the freedoms enjoyed by black and white Americans alike and forcibly dragging the Deep South into the twentieth century."

IMMIGRATION LAW SANCTIONS AND ENFORCEMENT IN SELECTED FOREIGN COUNTRIES. BRAZIL, EGYPT, JAPAN, MEXICO, SWEDEN, AND SWITZERLAND. Law Library of Congress, Directorate of Legal Research. April 2006.
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This survey of the immigration laws and practices of Brazil, Egypt, Japan, Mexico, Sweden, and Switzerland reveals that Japan and Switzerland are most effective in enforcing their immigration laws. Illegal immigration is viewed as harmful in these countries and enforcement mechanisms include the registration of aliens by the local authorities. Mexico also has a register of aliens that is maintained by the federal authorities. Switzerland and Sweden rely on the fingerprinting of visa applicants, and Japan plans on introducing it. Most surveyed countries use border controls and labor inspections, albeit with varying intensity and results. Mexico and Switzerland concentrate on the avoidance and discovery of fraudulent marriages. Enforcement of immigration laws is lax in Brazil and Egypt.

All countries except for Brazil have criminal penalties for illegal entry and presence, and all countries have substantial criminal sanctions for various forms of fraud and forgery relating to immigration. In Japan, Mexico, Sweden, and Switzerland human trafficking is severely punished. The highest punishment frames for immigration offenses are found in Mexico, and these aim at coping with the problem of transient migration en route to the United States.

NONIMMIGRANT OVERSTAYS: BRIEF SYNTHESIS OF THE ISSUE. Ruth Ellen Wasem. Library of Congress. Congressional Research Service. May 22, 2006.
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As the 109th Congress debates immigration control (border security and interior enforcement) and legal reform (temporary and permanent admissions), concerns arise over the capacity of the Department of Homeland Security to identify and remove temporary aliens who fail to depart when their visas expire.

It is estimated that each year hundreds of thousands of foreign nationals overstay their nonimmigrant visas or enter the country illegally (with fraudulent documents or bypassing immigration inspections). The most recent published estimate based upon the March Supplement of the Current Population Survey (CPS) of the Census Bureau is that 11.1 million unauthorized aliens were residing in the United States in 2005. Reliable estimates of the number of nonimmigrant overstays are not available, and sample estimates range from 31% to 57% of the unauthorized population.

AA06179
Rosen, Jeffrey THE DAY AFTER ROE (The Atlantic, vol. 297, no. 5, June 2006, pp. 56-66)
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With two newly-appointed Supreme Court justices and the possibility of a third, the author notes that there is a real possibility that ROE V. WADE, the 1973 Supreme Court decision that struck down abortion laws in forty-six states and the District of Columbia, may be overturned. In this article, Rosen, a law professor at George Washington University, reviews the repercussions that would result from such a ruling in the states, Congress, the White House, and the courts. The author of the forthcoming book, THE MOST DEMOCRATIC BRANCH: HOW THE COURTS SERVE AMERICA, Rosen maintains that the court functions best when it generally follows public opinion and that, if ROE is overturned, the group that seizes the "vital center in a post-ROE world would be likely to dominate American politics for a generation to come."

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Tessler, Joelle PRIVACY EROSION: A 'NET LOSS (CQ Weekly, vol. 64, no. 8, February 20, 2006, pp. 480-485)
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According to Tessler, Congress has fallen behind in applying privacy laws to the ever-evolving Internet technology. This results in government's ability to tap private information from e-mail storage, Internet search engine logs, and online wiretapping. Since most targeted individuals are not aware that they are being tracked, there haven't been many court cases to shed stronger light on the situation. Although a number of lawmakers in Congress recognize this as a problem, "it doesn't attract a lot of attention or excitement," notes Sen. John Sununu (R-NH). However, with more high-profile cases, like Google resisting subpoenas, stronger focus would be set on privacy protection.

OVERVIEW OF U.S. LEGISLATION AND REGULATIONS AFFECTING OFFSHORE NATURAL GAS AND OIL ACTIVITY [RL31989]
Energy Information Administratition, Office of Oil and Gas, September 2005.
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This article presents a summary of the legislative and regulatory regime that affects natural gas and oil exploration and production in offshore regions of the United States. It discusses the role and importance of these areas as well as the competing interests surrounding ownership, production, exploration and conservation.

ANTITRUST SYMPOSIUM (The University of Chicago Law Review Chicago: Winter 2005.)
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Note: Last year, the John M. Olin Program in Law and Economics and The University of Chicago Law Review collaborated to publish a collection of essays on antitrust law. These essays were published in the Winter 2005 issue of the University of Chicago Law Review.

In this special series on antitrust law, Diane P. Wood states that competition law is here to stay at a global level and discusses what the rules of a new global antitrust regime ought to be in her essay, ANTITRUST AT THE GLOBAL LEVEL. Since the early 1990s, the effort at the Federal Trade Commission has been to find a middle ground that avoids the extremes of over- and under-enforcement in antitrust regulations. Robert Pitofsky discusses the reasons that the Federal Trade Commission has progressed to its current level of respect in PAST, PRESENT, AND FUTURE OF ANTITRUST ENFORCEMENT AT THE FEDERAL TRADE COMMISSION. Timothy J Muris, in PRINCIPLES FOR A SUCCESSFUL COMPETITION AGENCY defines principles for government agency success and then proceeds to outline several guidelines that should ensure successful operations in a competition agency. More specific articles include VERTICAL RESTRAINTS AND ANTITRUST POLICY in which Richard A Posner discusses antitrust policy toward vertical restraints and David Evans, in DESIGNING ANTITRUST RULES FOR ASSESSING UNILATERAL PRACTICES, discusses the neo-Chicago approach to designing rules for assessing unilateral practices.

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EMINENT DOMAIN: TAKING PRIVATE PROPERTY FOR URBAN DEVELOPMENT (Supreme Court Debates, Vol. 8, No. 4, April 2005, pp. 97-128)
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The concept of eminent domain, the power of the government to coerce private citizens to sell their property to the government, is enshrined in the Fifth Amendment to the Constitution. Traditionally, eminent domain has been used to acquire land for public-works projects, such as schools and roads. In the 1950s, the U.S. Supreme Court broadened the notion of public use to include economic redevelopment in cities. However, this practice has generated much resistance, particularly in older urban neighborhoods with long-time residents, where the government's compensation for the land is often minimal compared with its future value once redevelopment occurs. Many object to the use of eminent domain being used to take private property from one group of owners for the benefit of private developers. This issue of Supreme Court Debates centers on a recent case, SUZETTE KELO, ET AL. V. CITY OF NEW LONDON, CONNECTICUT AND THE NEW LONDON DEVELOPMENT CORPORATION, in which a decision is expected later this year.

COMPETING DEFINITIONS OF THE RULE OF LAW: IMPLICATIONS FOR PRACTITIONERS. [Carnegie Paper No. 55]
Rachel Kleinfeld Belton. Carnegie Endowment for International Peace (CEIP). January 2005.
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Note: Contains copyrighted material.

Definitions of the rule of law fall into two categories: (1) those that emphasize the ends that the rule of law is intended to serve within society (such as upholding law and order, or providing predictable and efficient judgments), and (2) those that highlight the institutional means or attributes believed necessary to actuate the rule of law (such as comprehensive laws, well-functioning courts, and trained law enforcement agencies). For practical and historical reasons, legal scholars and philosophers have favored the first type of definition. Practitioners of rule-of-law development programs tend to use the second type of definition. This paper analyzes the challenge of effectively defining the rule of law, through an examination of both types of definitions, the historical background of each, and the implications of each for rule-of-law development efforts.

TRACKING CURRENT FEDERAL LEGISLATION AND REGULATIONS: A GUIDE TO BASIC SOURCES. [98-461 C]
Carol D. Davis. Library of Congress. Congressional Research Service. Updated January 13, 2005.
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This report, updated annually, is provided to Members of Congress as a guide for their constituents who wish to track federal legislation and federal regulations. This guide has been designed to introduce researchers to selected basic sources that are useful in obtaining background information or specific facts on the status of federal legislative or regulatory initiatives. Printed, telephone, online, and media sources are included, as well as pertinent directories, such as those of organizations that track areas of interest. Annotations describing each source's contents and organization are included so that researchers can select those that most closely fit their needs. Internet addresses usually provide information about the items, rather than access to them.

AA05029
Cochran, John SIMPLE CASE OF COMPLEXITY (CQ Weekly, vol. 63, no. 5, January 31, 2005, pp. 230-237)
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Tort reform -- legislation to restrict lawsuits and cap jury-granted monetary awards -- is a major goal of President Bush's second-term agenda. Figures cited by tort reform proponents -- for example, that every American pays an extra $845 for products and services a year to cover the cost of lawsuits on businesses -- suggest that reform is necessary. However, some economists and industry regulators say that there is not enough comprehensive information or data to back up claims from either side of the tort reform debate. They are calling on Congress to use its funding and authority to address the information gap before acting on tort reform. The article presents an overview of the tort reform issue and features several case studies.

INTERNET GAMBLING: OVERVIEW OF FEDERAL CRIMINAL LAW. [97-619 A]
Charles Doyle. Library of Congress. Congressional Research Service. November 29, 2004.
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In the United States gambling has traditionally been a matter for state law, usually overseen by state gambling or gaming commissions. State officials and others have expressed concern that the Internet may be used to bring illegal into their jurisdictions, thereby introducing gambling elements from other states or from other countries.

American law has always reflected ambivalence towards gambling. Antigambling laws were common in colonial America, yet even in the Northeast, where these laws were most numerous, the lottery was a popular form of public finance. A majority of states continue to outlaw most forms of gambling, but most also continue to employ a lottery as a means of public finance and to allow several other forms of gambling as well. In fact, at least forty-six states permit charitable bingo; forty-three allow parimutuel betting (usually on horse or greyhound races) ; thirty-seven have lotteries; twenty-nine have Indian gambling establishments; and thirteen allow casino or riverboat gambling. Americans spend almost $73 billion a year on legalized gambling. Estimates on the amount Americans spend on illegal gambling vary widely, ranging from over $30 billion to over $380 billion a year.

Illicit Internet gambling implicates at least six federal criminal statutes. It is a federal crime to (1) conduct an illegal gambling business, 18 U.S.C. 1955; (2) use the telephone or telecommunications to conduct an illegal gambling business, 18 U.S.C. 1084; (3) use the facilities of interstate commerce to conduct an illegal gambling business, 18 U.S.C. 1952; (4) conduct the activities of an illegal gambling business involving either the collection of an unlawful debt or a pattern of gambling offenses, 18 U.S.C. 1962; (5) launder the proceeds from an illegal gambling business or to plow them back into the business, 18 U.S.C. 1956; or (6) spend more than $10,000 of the proceeds from an illegal gambling operation at any one time and place, 18 U.S.C. 1957.