Showing 1691–1700 of 2214

• 2/18/1977

  Possible Appointment of Mrs. Carter as Chairman of the Commission on Mental Health

  This opinion concludes that President Carter cannot appoint his wife to chairmanship of the Commission on Mental Health due to the federal anti-nepotism statute, regardless of whether she would receive compensation. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at https://justice.gov/olc/page/file/1009451/download.

  2/18/1977

• 2/15/1977

  Power of a State Legislature to Rescind Its Ratification of a Constitutional Amendment

  The document discusses the power of a state legislature to rescind its ratification of a constitutional amendment, specifically in the context of the Equal Rights Amendment. It presents the historical example of the 1868 ratification of the Fourteenth Amendment, where two states attempted to withdraw their consent, but Congress ultimately decided that the states lacked that power. The conclusion reached is that the power of Congress to control the submission of constitutional amendments to the states and to determine whether they have been validly adopted is exclusive. The document also presents various questions for review, including whether a state may withdraw its ratification, the role of the Secretary of State in constitutional amendments, and the commitment of a state to its affirmative vote on an amendment.

  2/15/1977

• 2/10/1977

  Date of "Promulgation" of Law Enforcement Assistance Administration Regulations

  The document discusses the date of "promulgation" of Law Enforcement Assistance Administration regulations under the Federal Register Act. It concludes that promulgation takes place when documents are officially filed at the Office of the Federal Register, regardless of when they are published. The questions presented for review include whether "promulgation" takes place at the time of publication in the Federal Register or at the time of filing at the Office of the Federal Register. The document also addresses the provisions of the Federal Register Act, which provides for formal filing of regulations and the noting of the time and date of filing.

  2/10/1977

• 1/31/1977

  Propriety of Appearance of a Former Justice Department Attorney in a Condemnation Case

  The document discusses the propriety of a former Justice Department attorney, Mr. A, representing a property owner in a condemnation case. It concludes that Mr. A is not prohibited from representing the property owner, as he did not have any personal involvement in the case during his tenure at the Justice Department. The document raises questions about the interpretation of the American Bar Association (ABA) Code of Professional Responsibility, specifically whether Mr. A's representation is barred by Disciplinary Rule 9-101(B) of the Code, and whether the entire law firm is disqualified if Mr. A is personally barred. The document also outlines factors to be considered in determining whether a former government attorney may properly represent a party in a matter that was under his official responsibility when he was with the government.

  1/31/1977

• 1/29/1977

  Propriety of Using a Leased Airplane for Personal and Official Purposes

  The document discusses the conflict of interest and legal issues surrounding the use of a leased airplane for personal and official purposes by an executive branch official. The conclusion reached is that there is no conflict of interest or legal problem in using a leased airplane for purely personal reasons. The document also raises questions about whether an employee is required to seek reimbursement from the government for expenses incurred while on official business, and whether an employee is prohibited from paying his own travel expenses. Additionally, it highlights the Comptroller General's ruling that a top-level government officer is regarded as being on official business whenever the activity is "reasonably related to his office."

  1/29/1977

• 1/28/1977

  Litigation Involving a Corporation Owned by a Government Attorney

  The document discusses a potential conflict of interest involving Mr. A, an attorney in the Land and Natural Resources Division, who is the sole stockholder of a corporation that leases boatyard premises from the Department of the Interior. The leased property is the subject of a quiet title litigation handled by the General Litigation Section of the Division, but not within Mr. A's area of responsibility. The conclusion reached is that Mr. A's ownership of stock in the corporation does not create any real or apparent conflict of interest with his duties and responsibilities, as he does not intend to participate in the litigation on behalf of the United States or act as an agent or attorney on behalf of the corporation. The document raises questions about the potential conflict of interest, the financial interest of Mr. A in the outcome of the quiet title action, and whether his ownership of stock in the corporation could affect his duties and responsibilities.

  1/28/1977

• 1/27/1977

  Acceptance of Voluntary Service in the White House

  The document discusses the legality of accepting voluntary service in the White House, particularly in processing resumes and applications for employment. The conclusion reached is that the practice is lawful, as long as the positions are allocated to a specific portion of the White House Office's appropriation. The document also raises questions about the applicability of minimum salary requirements and the Fair Labor Standards Act to these voluntary positions, and suggests administrative measures to ensure compliance with the law.

  1/27/1977

• 1/27/1977

  Legality of a Certain Proposed Composition of a Multiemployer Pension Fund Board of Trustees

  The document discusses the legality of a proposed composition of a multiemployer pension fund board of trustees, specifically whether a board composed of an equal number of labor and management trustees, but with a majority of neutral trustees chosen jointly by the union and employer representatives, would comply with the Labor Management Relations Act. The conclusion reached in the document is that the proposed board of trustees would comply with the requirements set forth in Section 302(c)(5) of the Act. The questions presented for review include whether the proposed composition of the board would contravene any specified requirements, and whether the statute allows neutral parties to be in control of the fund at all times or only in instances where the employers and employees deadlock.

  1/27/1977

• 1/27/1977

  Membership of White House Staff Member on Democratic National Committee

  The document is a legal opinion on whether a White House staff member can be a member of the Democratic National Committee. The conclusion reached is that while such membership would not violate any statutory restriction, there is a question under applicable Standards of Conduct. The questions presented for review include whether such membership would affect the result of an election, and whether it would create the appearance of using public office for private gain, giving preferential treatment, or losing independence or impartiality. The document also discusses the potential problems of appearances that could arise from the staff member's close official connection to partisan political activities.

  1/27/1977

• 1/27/1977

  Representation of Corporation by Law Firm With Which Former United States Attorney Is Associated

  The document discusses the conflict of interest that arises when a former United States Attorney, Mr. A, is associated with a law firm representing a corporation in a case that was pending in the U.S. Attorney's Office at the time of Mr. A's departure. The conclusion reached is that Mr. A is personally barred from appearing as an agent or attorney in the case for one year from the date he left the U.S. Attorney's Office. The document presents questions regarding the applicability of Disciplinary Rule 9-101(B) of the American Bar Association Code of Professional Responsibility, the waiver of imputed disqualification of the entire law firm, and the restrictions on Mr. A's receiving fees based on different legal provisions. The document also discusses the interpretation of "substantial responsibility" and the factors to be considered in determining whether a former government attorney may personally represent a party in a matter that was under his official responsibility.

  1/27/1977