Showing 1511–1520 of 2214

• 11/29/1978

  Legal Permissibility of Employer Providing Certain Benefits to Employee Serving as a White House Fellow

  This document addresses the issue of a private employer providing certain benefits to an employee serving as a White House Fellow, specifically regarding reimbursement for temporary living quarters and travel expenses. The conclusion reached is that the proposed arrangements are not legally permissible under 18 U.S.C. § 209, as they constitute supplementation of the employee's government salary. The document also raises questions about the continuation of concession telephone service, accrual of vacation time, and participation in benefit plans based on the employee's private salary. The document suggests that next year's participants be advised in advance of the legal restrictions identified.

  11/29/1978

• 11/24/1978

  Proposal to Supplement the Salary Paid to Arbitrators Who Are Members of Boards of Inquiry Appointed under 29 U.S.C. § 183

  This document discusses the permissibility of supplementing the salary paid to arbitrators who are members of Boards of Inquiry appointed under 29 U.S.C. § 183. The conclusion reached is that a supplementation arrangement would not result in violation of the conflict provision, 18 U.S.C. § 209, as long as the compensation supplements are distributed by the parties themselves or some entity other than the Federal Mediation and Conciliation Service (FMCS). The questions presented for review include whether a supplementation proposal is permissible under the Federal conflict-of-interest laws and whether the distribution of supplemental funds should be handled by the FMCS or directly through the parties, among other legal considerations.

  11/24/1978

• 11/16/1978

  Legality and Propriety of FBI Acquisition of Private Papers

  This document is a memorandum opinion addressing the legality of the FBI's acquisition of personal papers from the estate of a deceased Communist Party member. The conclusion reached is that the FBI's action was authorized by law. The document presents legal questions regarding the Fourth Amendment and the Privacy Act, specifically whether the FBI's acquisition of the papers and maintenance of records violated these laws. The summary of the questions presented for review includes whether the Fourth Amendment permitted the FBI to obtain the papers and whether the Privacy Act prohibited the FBI from obtaining, analyzing, and retaining copies of the records.

  11/16/1978

• 11/16/1978

  Policy on disclosure of information

  This memo requested the formation of a working group to determine which Justice Department official(s) must approve the release of departmental information in response to litigation demands.

  9/2/2022

• 11/6/1978

  Constitutionality of Cost-Insurance-Freight Basis of Customs Valuation

  This document discusses the constitutionality of adopting a CIF (cost-insurance-freight) basis of customs valuation. The conclusion reached is that the United States can constitutionally adopt a CIF basis of customs valuation, as it would not violate the Uniformity and No Preference Clauses of the Constitution. The document also addresses concerns about the Fifth Amendment, stating that a CIF system may not lack the minimum rationality required by the Fifth Amendment. The questions presented for review include whether a CIF basis of customs valuation would contravene specific clauses of the Constitution and whether it would draw classifications in violation of the Equal Protection principle implicit in the Due Process Clause of the Fifth Amendment.

  11/6/1978

• 11/6/1978

  Effect of the Order in Which the President Signs Two Bills

  This document discusses the effect of the President's order of approval on the provisions of the Revenue Act of 1978 and the Energy Tax Act of 1978 relating to the 10 percent investment tax credit on certain depreciated property. It concludes that regardless of the order in which the President signs the two Acts, a court will be bound by the intent of Congress to extend the 10 percent investment tax credit rate indefinitely. The document presents a detailed analysis of the legislative history and amendments to the Internal Revenue Code, and raises questions about the interpretation of the bills and the potential contradictions between them.

  11/6/1978

• 10/20/1978

  Proposal to Require Government Contractors to Comply With Wage and Price Guidelines as a Condition of Doing Business With the Government

  This document discusses the legal questions surrounding the requirement of wage and price guidelines for corporations and individuals doing business with the Federal Government. The conclusion reached is that the President has the statutory authority to require compliance with wage and price guidelines as a prerequisite for doing business with the Government. The document also presents questions for review, including the authority under the 1949 Procurement Act and the inconsistency with other statutes. The summary of the questions presented for review includes the consideration of the authority under the 1949 Procurement Act and the potential inconsistency with other statutes, such as the Davis-Bacon Act and the National Emergencies Act.

  10/20/1978

• 10/10/1978

  Due Process Requirements in Transferring Inmates From the General Prison Population to Administrative and Disciplinary Segregation (III)

  This document addresses the issue of due process safeguards in involuntary transfers of prisoners to segregation within the Bureau of Prisons. It clarifies that administrative detention pending disciplinary proceedings must adhere to due process requirements outlined in Wolff v. McDonnell, and that administrative segregation cannot be used to avoid these requirements. The document also discusses the distinction between administrative and disciplinary segregation, and concludes that involuntary placement in administrative segregation triggers due process guarantees. The questions presented for review include whether administrative detention pending disciplinary proceedings is constitutionally acceptable, and whether administrative segregation should be equated with disciplinary segregation.

  10/10/1978

• 10/10/1978

  Whether Department of Justice Employee May Teach Law School Course

  This document discusses the issue of whether a government employee can teach a course at a law school on the subject of Federal grant-in-aid programs. The conclusion reached is that as long as the course does not focus specifically on departmental responsibilities, does not interfere with official duties, and does not use confidential information, there is no objection to the employee teaching the course and receiving a fee. The questions presented for review include whether the subject matter of the course is substantially devoted to the responsibilities, programs, or operations of the Department, and whether the teaching activity interferes with the performance of official duties.

  10/10/1978

• 10/6/1978

  Participation of the State Department in Producer-Consumer Fora and Other International Negotiations Aimed at Stabilizing International Commodity Markets

  This document discusses the President's authority to participate in international negotiations, specifically in producer-consumer fora and other international negotiations aimed at stabilizing international commodity markets. The conclusion reached is that the President has constitutional authority to participate in such negotiations through the Secretary of State, and the Trade Act of 1974 does not prohibit such participation. The document also presents questions about the legal effect of these agreements under the antitrust laws and whether the Trade Act of 1974 authorizes or permits the President to participate in these negotiations.

  10/6/1978