Showing 1441–1450 of 2214

• 7/24/1979

  Constitutionality of Proposed Energy Mobilization Board Legislation

  This document is a memorandum discussing the proposed Energy Mobilization Board legislation and its constitutional aspects. The Board would be established to expedite the completion of designated critical energy facilities to reduce the nation's reliance on imported oil. The memorandum addresses constitutional questions regarding the Board's decision-making authority, waiver of state procedures, displacement of state and local decision-making, and judicial review of state and local decisions. It concludes that the Board may be granted authority to subject state and local agency decision-making to the Schedule, waive non-constitutional procedural requirements, and act in place of such agencies when they fail to meet the Schedule. The document also discusses the constitutional jurisdiction of federal courts to hear challenges to approval decisions made by state and local agencies.

  7/24/1979

• 7/19/1979

  Appointment of Member of Congress as a Judge of the U.S. Court of Appeals for the District of Columbia Circuit (II)

  This document is a memorandum addressing the constitutional eligibility of Representative Abner Mikva for appointment to the U.S. Court of Appeals for the District of Columbia Circuit. The conclusion reached is that Mikva's appointment is not barred by Article 1, Section 6, Clause 2 of the Constitution, even if there is a prospect of a future salary increase during the term for which he was elected. The questions presented for review include whether a sitting member of Congress is barred from appointment to a federal judgeship, and if Congress has the power to exempt an office from coverage of a salary increase.

  7/19/1979

• 7/18/1979

  Employment and Immigration Status of Nonimmigrant Alien Soccer Players During Strike in the North American Soccer League (II)

  This document discusses the status of nonimmigrant alien soccer players during a strike affecting the soccer league in which they play. The conclusion reached in the document is that nonimmigrant alien employees must cease working during a work stoppage, as per the Immigration and Nationality Act and applicable regulations of the Immigration and Naturalization Service. The questions presented for review include the validity of the regulation as construed, the impact on individual rights under the National Labor Relations Act, and the need for a more precisely tailored regulation to minimize conflicts with the NLRA. The document also highlights the request for assistance from the Solicitor's Office in reconsidering the interpretation of the regulation.

  7/18/1979

• 7/16/1979

  Government Taking of Mineral Rights Held in Trust for Indian Tribes

  This document is a memorandum opinion on the matter of Indian lands, eminent domain, and mineral rights held by the United States as trustees. The conclusion reached in the document is that the mineral rights in question cannot be taken without a clear statutory intent to permit such action. The questions presented for review include whether the mineral rights held by the United States in trust for the Osage Tribe under a statute are subject to eminent domain, and whether the Winnebago rule applies to lands reserved by statute. Additionally, the document provides background information on the treaties and statutes related to the Osage Tribe's land and mineral rights.

  7/16/1979

• 7/11/1979

  Appointment of a Member of Congress as a Judge of the U.S. Court of Appeals for the District of Columbia Circuit

  This document is a memorandum opinion for the Attorney General regarding the appointment of a member of Congress to a civil office, specifically Representative Abner Mikva to a judgeship. The conclusion reached in the document is that Representative Mikva is not barred from appointment to the judgeship based on the interpretation of Article I, Section 6, Clause 2 of the Constitution. The document presents questions for review regarding the interpretation of the constitutional provision, the uncertainty of a salary increase for federal judges, and the possibility of Congress exempting the office from coverage of a salary increase. It also addresses the historical precedent of Congress enacting legislation to avoid constitutional problems related to salary increases for appointed officials.

  7/11/1979

• 7/9/1979

  Questions Arising During Vacancy of Chairmanship of Federal Home Loan Bank Board

  This document discusses the selection of a new Chairman of the Federal Home Loan Bank Board following the resignation of the previous Chairman. It addresses the questions of whether the President is required to name an Acting Chairman, whether the Board can operate without a Chairman for a short period of time, and the ability of the Board to meet in special or emergency sessions in the absence of a Chairman. The conclusion reached is that the President is not required to name an Acting Chairman, the Board can operate without a Chairman for a short period of time, and the remaining members of the Board have the authority to call a special meeting if necessary. The document also suggests that any action taken at a meeting held by the other two board members may not be challenged on the ground that the calling of the meeting was not in conformance with the reorganization plan.

  7/9/1979

• 7/5/1979

  Requirement of Ethics in Government Act to Report Information on Spouse and Dependent Children

  This document discusses a question raised by a U.S. Attorney regarding the requirement under the Ethics in Government Act that the reporting official include information pertaining to his spouse and dependent children. The document analyzes whether §202(e)(1) refers to subsections of §202, or to subsections (a), (b) and (c) of § 201, as suggested by the U.S. Attorney. The conclusion reached in the document is that the suggestion made by the U.S. Attorney is without merit.

  7/5/1979

• 7/3/1979

  Application of Conflict of Interest Laws and Department of Justice Standards of Conduct to Agreement Between U.S. Attorney and Former Law Firm Partner

  This document discusses a conflict of interest issue regarding Mr. A, a U.S. Attorney in the Southern District of Texas. The first inquiry is about A's agreement with his former law partner to rejoin the firm after leaving office, which may pose a conflict of interest under 18 U.S.C. § 208. The second inquiry pertains to A's ownership interest in the building where the law firm is located, which may violate the Department's standards of conduct prohibiting private practice of law. The conclusion reached is that A's agreement with his former partner does not violate conflict of interest laws, but he may need to disqualify himself from official action and comply with the Department's standards of conduct.

  7/3/1979

• 7/3/1979

  Garnishment of Federal Workers' Compensation Payments and Tennessee Valley Authority Retirement Payments

  This document discusses the legality of garnishing federal workers' compensation, Tennessee Valley Authority (TVA) retirement payments, and salaries and benefits of "private roll" employees of the Smithsonian Institution. The conclusion reached is that workers' compensation and TVA retirement payments are subject to garnishment, while the status of the Smithsonian's "private roll" employees is more complex and requires further information. The questions presented for review include the legality of including federal workers' compensation payments as remuneration subject to garnishment, whether TVA retirement payments are considered remuneration, and whether the salaries and benefits of the Smithsonian's "private roll" employees can be subjected to garnishment under proposed regulations. The document also requests further information and views from the General Counsel of the Smithsonian to address the complex legal status of the institution and its employees.

  7/3/1979

• 6/28/1979

  Requirement to Hold Evidentiary Hearing Before Withholding Wages of Federal Employee in Satisfaction of Debt Allegedly Owed the United States

  This document discusses the legal requirements for the Immigration and Naturalization Service (INS) to withhold wages of its employees in satisfaction of a debt allegedly owed to the United States. The document concludes that a full evidentiary hearing is required before administrative wage withholding can be effected. The questions presented for review include whether a full evidentiary hearing is required, and what kind of due process hearing is necessary in cases of wage withholding. The document also discusses the relevant factual situation, the legal analysis, and the Supreme Court's consideration of due process requirements in similar circumstances.

  6/28/1979