Showing 1381–1390 of 2202

• 1/9/1980

  Constitutionality of the Disclosure Provisions of the Ethics in Government Act as Applied to Officials' Spouses

  Whatever test is applied to test their constitutionally, the provisions of the Ethics in Government Act that require certain high-level officials to disclose information concerning their spouses' financial interests do not invade any constitutionally protected privacy right. The financial disclosure provisions at issue are narrowly drawn to promote Congress's interest in using disclosure to enforce substantive prohibitions vis-à-vis high-level officials. 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 www.justice.gov/file/22436/download.

  1/9/1980

• 1/8/1980

  Presidential Power Concerning Diplomatic Agents and Staff of the Iranian Mission

  While there is authority for imposing some travel restrictions on Iranian diplomatic personnel under the Vienna Convention on Diplomatic Relations and customary international law, as well as under domestic law, those sources of law generally state that diplomats may not be placed in circumstances tantamount to house arrest, or barred from leaving the country, even as an act of reprisal for breaches of diplomatic immunity by Iran. Subjecting Iranian diplomatic personnel to prosecution under the criminal provisions of the International Emergency Economic Powers Act, even if done in reprisal for Iranian breaches of international law and accompanied by all applicable protections afforded by the United States Constitution, would raise serious questions under international law. 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 www.justice.gov/file/22346/download.

  1/8/1980

• 1/4/1980

  Constitutionality of Affording Reduced Postal Rates to Committees of the Major Political Parties

  The Postal Service acted within its authority, under 39 U.S.C. § 3626 and other applicable statutes, when it limited special bulk third-class rates to committees of the major political parties. An argument can be made that a differential postal rate subsidy is analogous to the differential public campaign financing restrictions upheld against constitutional challenge in Buckley v. Valeo, 424 U.S. 1 (1976); however, the subsidy differential at issue here is more problematic than the scheme held constitutional in Buckley, because it significantly burdens minor political parties without giving them any countervailing advantages. An appropriations proviso that encourages a one-time administrative differential among political parties, and avowedly favors the major parties at the expense of all others, may be more difficult to justify than the statutory scheme upheld in Buckley, which was neutral in its long-term application. 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 www.justice.gov/file/24396/download.

  1/4/1980

• 1/2/1980

  Possible Participation by the United States in Islamic Republic of Iran v. Pahlavi

  As long as the government of Iran is recognized by the United States, it is entitled to maintain a lawsuit in any state or federal court; however, there is a substantial argument that the Iranian government's suit against the Shah to recover allegedly misappropriated governmental funds should be stayed or dismissed without prejudice in light of Iran's massive breaches of its treaty obligations to the United States and international law. The courts have recognized the appropriateness of deferring to the Executive's foreign policy determinations in connection with claims or defenses based on doctrines of foreign sovereign immunity or act of state. The Government's concerns over the effect of the litigation on our foreign policy provide a sufficient basis to support its standing to intervene in Iran's suit against the Shah, and there is precedent to support its intervention and assertion of cross-claims unrelated to the controversy in suit. A respectable argument can be made that the Shah enjoys sovereign immunity from suit, under the 1976 Foreign Sovereign Immunities Act as well as customary international law, and the actions complained of appear to be acts of state. However, the present government of Iran may be able to waive the application of either of these doctrines to defeat its claims against the Shah, since both exist for the benefit of the state in question and not for the individuals who lead it. 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 www.justice.gov/file/22341/download.

  1/2/1980

• 12/28/1979

  Application of State Law to CIA's Proposed Administration of Polygraph Examinations to Its Contractors' Employees (III)

  Polygraph Tests—Central Intelligence Agency—Industrial Polygraph Program—Constitution—Supremacy Clause (Article VI, Clause 2) 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 www.justice.gov/file/22261/download.

  12/28/1979

• 12/28/1979

  Constitutionality of Proposed Legislation Limiting the Scope of the Fourth Amendment Exclusionary Rule in Federal Criminal Proceedings

  Constitutional Law—Fourth Amendment Exclusionary Rule—Legislative Proposal 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 www.justice.gov/file/22256/download.

  12/28/1979

• 12/27/1979

  Application of 10 U.S.C. § 7426 to Settlement of Dispute Between United States and Standard Oil Company Regarding Land Within Naval Petroleum Reserve

  Naval Petroleum Reserves (10 U.S.C. § 7426)—Settlement of United States v. Standard Oil Co. of California (9th Cir. No. 78-1565) 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 www.justice.gov/file/22251/download.

  12/27/1979

• 12/27/1979

  The President's Authority to Take Certain Actions Relating to Communications from Iran

  The President has statutory and constitutional authority, subject to First Amendment limitations, to limit or embargo altogether video or audio communications from Iran which aggravate the present crisis, either unilaterally or in compliance with United Nations Security Council sanctions. The First Amendment requires that any action taken to limit communications from Iran be narrowly tailored and sweep no more broadly than the underlying justification requires. A restriction that severs all communications links with Iran would be subject to less exacting First Amendment scrutiny than a more limited restriction based in whole or in part on the contents of the communication. 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 www.justice.gov/file/22336/download.

  12/27/1979

• 12/21/1979

  Authority of Water Resources Council to Adopt Standards and Criteria for Calculation of Primary Direct Navigation Benefits of Water Resources Project

  Department of Transportation Act of 1966 (49 U.S.C. § 1656(a))—Water Resources Council—Calculation of Primary Direct Navigation Benefits of a Water Resources Project (§ 7(a) of the Act) 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 www.justice.gov/file/22246/download.

  12/21/1979

• 12/21/1979

  Scope of Presidential Authority on Review of Civil Aeronautic Board's Approval of Airline Merger and Related Awarding of Airline Route

  Federal Aviation Act—Foreign Air Transportation—Scope of Presidential Authority on Review of Civil Aeronautic Board's Approval of Airline Mergers (49 U.S.C. § 1461) 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 www.justice.gov/file/22241/download.

  12/21/1979