Showing 1671–1680 of 2214

• 4/11/1977

  Exclusion of Certain Rhodesian Aliens Under Section 212(a)(27) of the Immigration and Nationality Act

  The document is a memorandum opinion for the Commissioner of Immigration and Naturalization regarding the exclusion of certain aliens from the United States under Section 212(a)(27) of the Immigration and Nationality Act. The document discusses the case of six Southern Rhodesian aliens who were excluded from the U.S. based on their activities that were deemed prejudicial to the public interest and the security of the United States. The conclusion reached is that the exclusion of the Rhodesian aliens was valid under Section 212(a)(27) due to their activities and potential adverse foreign policy consequences. The document also presents a review of the questions regarding the interpretation and application of Section 212(a)(27) in cases involving foreign policy considerations and the circumstances surrounding an alien's entry into the United States.

  4/11/1977

• 4/11/1977

  Interpretation of the Grandfather Clause in 18 U.S.C. § 709

  The document is a memorandum addressing a difference of opinion within the Criminal Division regarding the interpretation of the Grandfather Clause in 18 U.S.C. §709, specifically in relation to the use of the word "Federal" in the name of an insurance company. The conclusion reached is that the grandfather clause should be narrowly construed to protect only the proprietary interest already in existence in 1926 with regard to the full name of a firm. The document presents a concise summary of the questions for review, focusing on whether the grandfather clause applies to all name changes where both the new and old names contain one or more of the prohibited words. It also delves into the legislative history and intent behind the relevant statute, providing a detailed analysis of the language and context of the law.

  4/11/1977

• 4/11/1977

  Chinese Government’s Assumption of Expenses of U.S. Delegation

  This opinion concludes that there is no constitutional or statutory obstacle to allowing China to furnish an official delegation visiting China with lodging, meals, and transportation. 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/936066/download.

  4/11/1977

• 4/6/1977

  Application of the Hatch Act to the Vice President's Staff

  The document discusses the application of the Hatch Act to the Vice President's staff and concludes that the exemption in 5 U.S.C. § 7324(d)(1) was intended to apply only to persons paid from the item for the "White House Office." The legislative history of the Hatch Act and the Appropriation Act supports this conclusion. The document also presents questions for review, such as whether the Vice President's staff should be exempt from the Hatch Act and if legislation is necessary to clarify their status. Additionally, it suggests potential solutions, including incorporating the appropriation for the Vice President's staff in the general appropriation for the White House Office or amending the Hatch Act to specifically exempt the Vice President's staff.

  4/6/1977

• 4/1/1977

  Service of Assistant Section Chief as Reporter on American Law Institute Project

  The document discusses whether an Assistant Chief of a Department of Justice Division, Mr. A, can serve as a reporter for an American Law Institute (ALI) project related to peer review standards. The conclusion reached is that Mr. A's proposed service as a reporter does not require the approval of the Deputy Attorney General, as it more closely resembles teaching than the practice of law. However, it is recommended that any incidental activities related to the project during regular office hours be limited and that any leave required for the ALI work be taken as annual leave or compensatory time. The document also addresses the reimbursement of expenses for the project, suggesting that identifiable expenses should be borne by ALI or some other non-governmental source, and that limited secretarial services may be made available to Mr. A under the Department's particular interest in the project. The questions presented for review include whether Mr. A's proposed service as a reporter for the ALI project complies with the standards of conduct for Department of Justice employees, and how any incidental activities during regular office hours should be managed.

  4/1/1977

• 3/31/1977

  Authority of Bureau of Prisons Physicians to Perform Autopsies

  The document discusses the authority of Bureau of Prisons physicians to perform autopsies on deceased inmates without the consent of next of kin or approval by state officials. The conclusion reached in the document is that legislation is necessary to empower the Bureau of Prisons to conduct autopsies without consent when reasonably necessary to perform their functions. The document also presents questions for review, such as the need for legislation to resolve technical difficulties, limit tort liability, and address the religious implications of conducting autopsies without consent. It also raises the question of whether regulations could provide the necessary authority, and whether the constitutional rights of the deceased's next of kin could be infringed upon by conducting autopsies without consent.

  3/31/1977

• 3/31/1977

  Authority of the FBI to undertake Domestic Security Investigations

  This memo analyzed the authority for the FBI to undertake domestic security investigations for purposes of crime prevention. It concluded that, though there was no express statutory authority for those investigations, the Supreme Court had recognized implicit constitutional authority to prevent crime and collect intelligence for that purpose, and that existing statutes permitted the Attorney General to authorize such investigations.

  9/2/2022

• 3/29/1977

  Liability of Government for Retroactive Veterans' Benefits Where Discharges Are Upgraded

  The document discusses the liability of the government to pay retroactive veterans' benefits to recipients of upgraded discharges. It concludes that the issuance of upgraded discharges under the Discharge Review Program will not impose substantial liability on the government for retroactive veterans' benefits. The document also presents a detailed explanation of the rules for determining the effective dates of awards of veterans' benefits and the limitations on retroactive benefits for different categories of veterans. It raises questions about the entitlement to retroactive benefits for veterans who have received upgraded discharges and the proportion of veterans who would be entitled to any retroactive payments.

  3/29/1977

• 3/24/1977

  Effect of Presidential Pardon on Aliens Who Left the Country to Avoid Military Service

  The document discusses the effect of a presidential pardon on aliens who left the United States to avoid military service. It concludes that the pardon should remove the exclusion of aliens who departed to avoid service, and that the determination of an alien's status should be made on a case-by-case basis. The document also addresses the applicability of the pardon to the Immigration and Nationality Act and the standard for determining whether an alien is returning from a temporary visit abroad. It suggests that the intent of the alien to return to the United States should be the primary factor in determining the temporary nature of their visit.

  3/24/1977

• 3/23/1977

  Employment of relatives who will serve without Compensation

  This opinion compiles previous OLC opinions on the several proposed appointments of President Carter's relatives to agencies under his jurisdicition. The memo reiterates the conclusion of those prior opinions that the anti-nepotism statute applies in situations in which the relative will serve without 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/1009461/download.

  3/23/1977