Showing 1421–1430 of 2214

• 9/27/1979

  Effectiveness of Attorney General Order After Resignation of Attorney General

  This document is a memorandum opinion regarding the delegation of authority by the Attorney General under 18 U.S.C. § 2516. The opinion concludes that the order remains valid despite the resignation of the Attorney General who issued it. The document presents questions about the validity of the delegation of authority and whether it remains in effect after the departure of the official who made the delegation. It also reviews relevant case law and judicial expressions to support the conclusion that the former Attorney General's order remains in effect.

  9/27/1979

• 9/26/1979

  Authority of Interstate Commerce Commission Regarding Payment of Back Wages by Directed Rail Carrier

  This document discusses the issue of back wages owed to Rock Island employees and whether a directed carrier providing service over Rock Island routes should pay these wages to bring the employees back to work. The conclusion reached is that the directed carrier could pay the back wages and recover the payments from the trustee in bankruptcy for Rock Island. The document also raises questions about whether the payment of back wages is necessary and reasonable, and whether it is an expense incurred in moving traffic over Rock Island lines. It also discusses the responsibility of the directed carrier for the nonoperating carrier's obligations to employees.

  9/26/1979

• 9/24/1979

  Representation of the Government of Panama by a Former Department of State Official in Connection with Proposed Legislation to Implement the Panama Canal Treaty

  This document is a memorandum addressing the conflicts of interest for a former Department of State officer, Mr. A, who has been approached by the Government of Panama to represent them in connection with legislation to implement the 1977 Panama Canal Treaty. The conclusion reached is that while Mr. A is barred from representing Panama before the judicial or executive branches, he is allowed to participate in legislative activities connected with implementing the treaty. The document presents a review of the applicability of 18 U.S.C. § 207 to Mr. A's proposed representation of Panama, as well as the question of whether legislative activities are excluded from the statute's scope.

  9/24/1979

• 9/21/1979

  Applicability of the Immigration and Nationality Act to Aliens Working on Drilling Rigs on the Outer Continental Shelf

  This document discusses the applicability of the Immigration and Nationality Act to alien workers on drilling rigs on the Outer Continental Shelf. The conclusion reached is that the immigration laws do not apply to drilling rigs on the Shelf, based on an analysis of the recent amendments to the Outer Continental Shelf Lands Act. The document presents questions for review, such as whether the immigration laws should be applied to drilling rigs based on the language of the 1953 Act and whether the 1978 amendments to the Act affect the application of the immigration laws. It also raises questions about the exceptions and specific requirements for manning drilling rigs outlined in the 1978 amendments.

  9/21/1979

• 9/21/1979

  Jurisdiction of Federal Labor Relations Council to Determine the Negotiability of National Guard Technician Dress and Grooming Regulations

  This document is a memorandum opinion from the Department of Justice regarding Federal Labor Relations Council decisions on the negotiability of National Guard technician dress-and-grooming regulations. The document discusses the jurisdiction of the Council to direct negotiations concerning a military regulation applicable only to National Guard technicians and the standard of review applied by the Council. The conclusion reached is that the Council did have jurisdiction to determine the negotiability of the regulation in question, and the document declines to comment on whether the Council applied an invalid standard of review. The questions presented for review include whether the Council has jurisdiction to direct negotiations concerning the military regulation and whether the Council applied an invalid standard of review.

  9/21/1979

• 9/21/1979

  Constitutionality of the Administration's Privacy Legislation

  This memo considered the potential sources of constitutional authority for Congress to pass legislation regulating the collection and disclosure of personal information by a variety of financial institutions. The memo noted that Congress might justify the legislation as an expansion of Fourth Amendment privacy rights under the Enforcement Clause of the Fourteenth Amendment. However, it cautioned that this would be a novel argument and concluded the Commerce Clause presented a stronger source of authority.

  9/2/2022

• 9/12/1979

  Residence Requirement for Assistant U.S. Attorneys

  This document discusses the residency requirement for Assistant U.S. Attorneys, specifically in the case of a prospective appointee for the Eastern District of North Carolina. The conclusion reached is that the residency requirement would be satisfied if the appointee rents an apartment in the Eastern District and lives there during the workweek. The document presents questions regarding the interpretation of the term "residence" in the context of the statute, as well as the legislative history and purpose of the residency requirement. It also addresses whether changing voting registration is legally necessary to satisfy the residency requirement.

  9/12/1979

• 9/12/1979

  Legal Effect of Executive Order 12146 on Access to Agency Legal Opinions

  This memo found that Executive Order 12146 did not impose a legal restriction on the discretion of federal agencies to determine that legal opinions may be withheld under Exemption 5 of the Freedom of Information Act. The order expressed a presidential policy goal that ”legal opinions should be disclosed in cases in which no harm will result from disclosure” but did not change any of the relevant statutory standards.

  9/2/2022

• 9/11/1979

  Litigating Authority of the Merit Systems Protection Board

  This document discusses the scope of litigating authority given to the Merit Systems Protection Board under the Civil Service Reform Act. It concludes that the provision granting litigating authority to the Board must be read expansively, allowing the Board to represent itself in any civil action brought in connection with its functions. The document presents questions about whether the Board can represent itself only when taking a legal position adverse to another federal agency, and the conclusion reached is that the provision should be interpreted literally, allowing the Chairman of the Board to designate attorneys to represent the Board in any civil action.

  9/11/1979

• 9/8/1979

  Length of Term of Nominee to Merit Systems Protection Board

  This document is a memorandum opinion regarding the term of office for a member of the Merit Systems Protection Board (MSPB). The conclusion reached in the document is that the nomination of Mr. A for a term expiring on March 1, 1981, is correct. The document presents a review of the transition provision in the Civil Service Reform Act of 1978 and discusses the interpretation of the provision in relation to the term of office for the MSPB member. The questions presented for review include whether the transition provision should govern the term of office and whether the intent of Congress in providing systematically staggered terms should be upheld. Additionally, the document examines the legislative history and principles of statutory interpretation to support the conclusion.

  9/8/1979