Showing 1611–1620 of 2214

• 10/19/1977

  Travel and Subsistence Expenses for the Director-Designate of the FBI

  The document discusses the legality of using Department of Justice funds to pay for the travel and subsistence expenses of the FBI Director-designate in connection with his confirmation hearings. The conclusion reached is that Department funds may be used to pay for the travel and subsistence expenses arising from the Director-designate's trip to Washington, D.C. for his confirmation hearings, as long as he consults with Department officials on official business during his confirmation hearing and it is determined to be of "substantial benefit" to the Department. The document presents questions regarding the use of Department funds for travel and subsistence expenses for the Director-designate's confirmation hearings and the conditions under which these expenses may be reimbursed.

  10/19/1977

• 10/18/1977

  Members of Congress Holding Commissions in the Armed Forces Reserves

  The document addresses the issue of Members of Congress holding commissions as officers in the Armed Forces Reserves. The main concern is whether the constitutional provision, the Incompatibility Clause, requires the President to take action with respect to the reserve commissions currently held by Members of Congress. The document presents background information on the number of Members of Congress holding commissions in the reserves and the obligations and benefits associated with their status. It also discusses the constitutional provisions involved and the arguments presented by the executive branch regarding the interpretation of the clause. The conclusion reached is that the exclusive responsibility for interpreting and enforcing the Incompatibility Clause rests with Congress, and it would be undesirable for the President to confront the problem directly. The questions presented for review include whether reserve commissions held by Members of Congress violate the Incompatibility Clause and whether the President has the authority to take action in this matter.

  10/18/1977

• 10/18/1977

  Revised Procedures for the Administration of Section 5 of the Voting Rights Act

  In this memo, the OLC reviewed proposed revised guidelines for the administration of Section 5 of the Voting Rights Act. The OLC concluded that the proposed guidelines needed to be modified and revised before they were submitted to the attorney general. The memo offered advice on several major modifications or legal issues, including clarifying the treatment of discrimination on the basis of language and adding examples of political party activities that fell within the scope of Section 5, as well as a list of typographical errors and stylistic changes.

  9/2/2022

• 10/17/1977

  Application of Freedom of Information Act to Private Letters Written to the President

  The document discusses the means available to protect the privacy of private persons who write to the President and whose letters are referred to various Federal agencies for response. The conclusion reached is that the privacy of those who write to the President can best be preserved through the use of some form of guidance to the agencies to which the correspondence is referred. The document presents questions for review, such as whether the President could use an express bailment to reserve ownership and control over the release of letters, and whether the names and addresses of private correspondents and other personally identifying data in letters to the President, after referral to agencies for reply, would usually be withholdable under the sixth exemption of the Freedom of Information Act.

  10/17/1977

• 10/14/1977

  Personal Tort Liability of Regional Fishery Management Council Members and Staff

  The document addresses the issue of whether members of Regional Fishery Management Councils may be personally liable in tort as a result of their official participation in the Councils. The conclusion reached is that the Councils are considered "Federal Agencies" under the Federal Tort Claims Act and are protected by the immunity provided to Federal agencies. The document also presents the question of whether State employees serving as Council members are considered Federal employees for the purposes of the Federal Tort Claims Act. Additionally, the document discusses the distinction between "government agency" and "contractor" and concludes that the traditional distinction does not apply to the Councils, as they are integral parts of a Federal agency.

  10/14/1977

• 10/5/1977

  Impact of Panama Canal Zone Treaty on the Filling of the Vacancy in the Office of the District Judge for the United States District Court for the District of the Canal Zone

  The document discusses the impact of the Panama Canal Zone Treaty on the filling of a vacancy in the Office of the District Judge for the United States District Court for the District of the Canal Zone. It concludes that the abolition of the district court will automatically terminate the tenure of the judge appointed to that court. The document also presents questions regarding the termination of a judge's tenure when their court is abolished, drawing on historical examples and legal analysis to support the conclusion that the tenure of a Canal Zone judge terminates when his court is abolished, even if his statutory term has not expired at that time.

  10/5/1977

• 9/29/1977

  Role of the Solicitor General

  This document discusses the institutional relationship between the Attorney General and the Solicitor General, as well as the role each should play in formulating and presenting the Government's position in litigation before the Supreme Court. It concludes that the Solicitor General was not created to relieve the Attorney General of responsibility, but to provide assistance at the Attorney General's direction. The document also presents questions for review, such as the circumstances in which the Attorney General should intervene in cases, the procedural and substantive considerations that should guide the exercise of that power, and the distinction between questions of law and questions of policy.

  9/29/1977

• 9/27/1977

  Contractor's Payment of Employees' Membership Dues for Private Clubs With Discriminatory Practices

  The document discusses the payment of membership fees for private organizations and whether it constitutes discriminatory practices. The conclusion reached is that the payment of fees to discriminatory organizations may violate Executive Order 11246, but there are exceptions for organizations with charitable, religious, or community service purposes, as well as those improving the employment positions of minorities and women. The document presents questions about the impact of an employer's policy of paying membership dues on protected groups and whether it necessarily constitutes discrimination. It also raises concerns about the generality of the approach and the failure to consider various circumstances that may arise.

  9/27/1977

• 9/27/1977

  Transfer of Watergate Special Prosecution Force Records Containing Tax Return Information to the National Archives

  The document discusses the legality of transferring Watergate Special Prosecution Force (WSPF) records containing income tax returns or return information to the National Archives. The conclusion reached is that legislative authorization is advisable for such a transfer due to the stringency of provisions pertaining to disclosure of tax records and the applicable penalties. The document presents questions for review, including whether the Archivist's authority to accept and maintain records overrides statutes mandating confidentiality, and whether Congress intended for tax records to be transferred to the Archives. It also raises the issue of the applicable penalties and advises that WSPF tax records should be transferred only upon explicit legislative authorization.

  9/27/1977

• 9/26/1977

  Constitutionality of 18 U.S.C. § 1302 as Applied to Newspaper Advertisements by the Maryland Lottery Commission

  The document discusses the constitutionality of 18 U.S.C. § 1302 as it applies to the publication of advertisements in The Washington Star by the Maryland Lottery Commission for the Maryland State Lottery. The conclusion reached is that the First Amendment prohibits the application of 18 U.S.C. § 1302 to the Star, as it is protected by the First Amendment in printing advertisements intended to induce residents of the District of Columbia or Virginia to come to Maryland to buy lottery tickets. The document also presents questions for review regarding the protection of the news media in one state to publish the results of another state's legal lottery as an item of news interest, and the distinction between advertisements with news interest and those that invite readers to use the mails to purchase lottery tickets within a jurisdiction where this is illegal.

  9/26/1977