Showing 1581–1590 of 2214

• 2/6/1978

  Effect of Holdover Provisions of the Legal Services Corporation Act on the President's Authority to Make Recess Appointments to the Corporation's Board of Directors

  This document discusses the issue of whether the holdover provisions of the Legal Services Corporation Act prevent the President from making recess appointments to its board of directors after their terms have expired. The conclusion reached is that these provisions do not affect the President's power to make recess appointments. The document presents questions regarding the interpretation of the Legal Services Corporation Act and the impact of holdover provisions on the President's authority to make recess appointments. It also raises the issue of whether temporary appointments or holdover clauses fill vacancies in the constitutional sense.

  2/6/1978

• 1/31/1978

  Status of the Chairmanship of the Federal Reserve Board If the President's Nominee Has Not Been Confirmed as Chairman Before the Incumbent's Term Expires

  This document addresses the status of the chairmanship of the Federal Reserve Board in the event that the President's nominee has not been confirmed as Chairman by January 31, 1978. The conclusions reached are that the incumbent cannot hold over and continue to exercise the powers of the office as de facto Chairman, the Vice Chairman is only authorized to preside in the Chairman's absence, and the President needs to designate one of the Board members as acting Chairman. The questions presented for review include the statutory limitations concerning service during the Chairman's absence, the inherent authority of the Vice Chairman, and the Presidential designation of an acting Chairman.

  1/31/1978

• 1/30/1978

  Whether Antilobbying Statute Prohibits Federal Judges From Using Official Resources to Communicate With Members of Congress Concerning Proposed Legislation

  This document addresses the issue of whether federal judges are prohibited from using their official resources to communicate with individual members of Congress about pending or proposed legislation. The conclusion reached is that this issue can only be resolved through the independent deliberations of the judicial branch. The document presents questions for review regarding the interpretation of the antilobbying statute, the limitations on communication between federal judges and Congress, and the implications of judges providing informal advice to members of Congress in their official capacity. It also discusses the constraints and considerations specific to the judicial branch that need to be taken into account when addressing this issue.

  1/30/1978

• 1/27/1978

  Exemption From Competitive Service of Supergrade Positions in the Drug Enforcement Administration

  This document is a memorandum opinion addressing questions related to the interpretation of the Percy amendment to the Crime Control Act of 1976. The main conclusion reached is that the requirements of the amendment are met if the employee has served continuously since the approval of the Act in any subsection (a) position, and he need not have served continuously in the same position. The questions presented for review include the interpretation of the phrase "any reduction in rank or pay" under paragraph (c)(3), and whether the requirement of continuous employment in a subsection (a) position has been met when a person has been acting in that position prior to the approval of the Act.

  1/27/1978

• 1/27/1978

  Exemption From Competitive Service of Supergrade Positions in the Drug Enforcement Administration Created by Reorganization Plan No. 1 of 1968

  This document discusses the exemption of certain positions in the Drug Enforcement Administration (DEA) from the competitive service, as outlined in the Crime Control Act of 1976. The conclusion reached in the document is that the Supergrade-Equivalent (SR) positions created by the Reorganization Plan are not subject to the exemption and therefore remain in the competitive service. The questions presented for review include whether the language of the exemption statute applies to the SR positions, and whether there should be a distinction between General Schedule (GS) and SR positions in terms of their applicability to the exemption.

  1/27/1978

• 1/25/1978

  Constitutionality of Civil Damages Provisions of Fair Housing Bill

  This document discusses the constitutionality of the civil damages provisions of the Edwards-Drinan bill (H.R. 3504) in relation to the Seventh Amendment guarantee of the right to trial by jury. It explores the application of the Seventh Amendment to administrative proceedings and the potential challenges to the proposed administrative procedures. The document presents several ways in which the language of the provision could be altered to improve its chances of withstanding scrutiny, including preserving private actions in district court, altering the nature of the proposed administrative proceedings, modifying the mechanism for enforcing administrative awards, and emphasizing the public benefit aspects of the bill. The conclusion reached is that the Seventh Amendment question is a close and difficult one, and the document suggests possible modifications to the bill to reduce the constitutional hurdles.

  1/25/1978

• 1/25/1978

  Legality of Warrantless Foreign Intelligence Surveillance Using Concealed Television Cameras and Beepers

  This document discusses the legality of warrantless foreign intelligence surveillance using television surveillance and location detection using "beepers." It concludes that the President may invoke his constitutional powers to regulate foreign affairs and authorize such surveillance, delegating that power to the Attorney General for case-by-case approval. The document also presents legal considerations and concludes that the President can constitutionally authorize the use of television surveillance and "beepers" in certain narrow circumstances, as well as minimal "technical trespasses" and seizures incident to the installation of these devices. The questions presented for review include the legality of warrantless surveillance techniques and the constitutional powers of the President to authorize such surveillance.

  1/25/1978

• 1/19/1978

  Prosecution of Ocean Freight Rebating Cases Under Conspiracy Statute

  This document discusses the applicability of conspiracy prosecutions under 18 U.S.C. § 371 in cases involving ocean freight rebating. The conclusion reached is that the 1972 amendment to § 16 of the Shipping Act of 1916 does not preclude conspiracy prosecutions, but any such prosecution must be based on more than a minimal violation and must show harm to society beyond that presented by the substantive offense itself. The document presents questions for review, such as the nature and extent of the conspiracy, the number of parties involved, and the action taken by the Federal Maritime Commission. It also provides hypothetical cases to illustrate the considerations that should be taken into account when determining the appropriateness of conspiracy prosecutions in such cases.

  1/19/1978

• 1/11/1978

  Acceptance of Position With Montgomery Ward Company by Consumer Product Safety Commission Employee

  This document is a legal opinion regarding whether a former employee of the Consumer Product Safety Commission can accept a position with Montgomery Ward, a retailer that imports a small percentage of its products. The conclusion reached is that the former employee is not barred from accepting the position with Montgomery Ward, as the post-employment bar of the Consumer Product Safety Act does not apply to retailers. The document presents questions related to the interpretation of the Act, the definition of "manufacturer," and the legislative intent behind the post-employment bar, ultimately concluding that the former employee can accept the position with Montgomery Ward.

  1/11/1978

• 1/5/1978

  Destruction of MKULTRA Project Records by CIA Officials

  In this memo, the OLC addressed whether a CIA official could be found criminally liable for the destruction of the MKULTRA project records in 1973. The OLC concluded that criminal liability under 18 U.S.C § 1361 or 18 U.S.C. § 2017 required proof that the official intentionally destroyed government records with the knowledge that the destruction was a violation of law.

  9/2/2022