Showing 521–530 of 2202

• 8/28/1998

  Authority of the D.C. Council Under the Home Rule Act to Amend the Schedule of Heights of Buildings

  The Council of the District of Columbia has the authonty, under section 602(a)(6) of the Home Rule Act of 1973, to amend the Schedule of Heights of Buildings Adjacent to Public Buildings as long as any amendment is within the overall limitations set forth in the Building Height Act of 1910. The D C. Council's authonty is not further restricted by the limitations contained in the Schedule of Heights that was in effect on December 24, 1973. 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/19616/download.

  8/28/1998

• 8/24/1998

  Application of 18 U.S.C. § 208 to Service by Executive Branch Employees on Boards of Standard-Setting Organizations

  Under 18 U S.C. § 208, a federal employee may serve as a member of the board of a private voluntary standards organization to the extent necessary to permit participation in his or her official capacity in the organization's standard-setting activities. 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/19621/download.

  8/24/1998

• 8/18/1998

  Construction of State Reporting Requirements in Section 404 of the Personal Responsibility and Work Opportunity Reconciliation Act

  The better interpretation of the state reporting requirements in section 404 of the Personal Responsibility and Work Opportunity Reconciliation Act is that they apply only to those state agencies administering the particular federally funded program in question, not to all state agencies in a State that receives funds under the program. 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/19626/download.

  8/18/1998

• 8/7/1998

  Application of 18 U.S.C. § 208 to Service by Federal Officials on the District of Columbia Downtown Business Improvement District Corporation Board of Directors

  A federal official serving on the Board of Directors of the District of Columbia Downtown Business Improvement Distnct Corporation in his or her official capacity is not a director of an outside organization within the meaning of 18 U.S C § 208, and therefore the official's service is not barred by § 208. 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/19631/download.

  8/7/1998

• 7/30/1998

  Ineligibility of New Jersey Transit Corporation Board Member for Appointment to Amtrak Board of Directors

  A public member of the Board of Directors of the New Jersey Transit Corporation constitutes a representative of rail management under section 411(a) of the Amtrak Reform and Accountability Act of 1997 and is therefore ineligible for appointment to the Amtrak Board of Directors. 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/19636/download.

  7/30/1998

• 7/28/1998

  Administrative Settlement of Disputes Concerning Determinations of Mineral Royalties Due the Government

  The Department of the Interior is authorized, before the completion of an administrative appeal, to settle disputed determinations of mineral royalties due the Government exceeding $100,000 made by the Minerals Management Service without obtaining the approval of the Justice Department under the Federal Claims Collection 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/opinion/file/844111/download.

  7/28/1998

• 7/28/1998

  Constitutional Concerns Raised by the Collections of Information Antipiracy Act

  The proposed Collections of Information Antipiracy Act raises difficult and novel constitutional questions concerning Congress's power to restrict the dissemination of information. Congress may not, pursuant to the Intellectual Property Clause of the Constitution, create "sweat of the brow" protection for compiled facts, at least insofar as such protection would extend to what the Supreme Court has termed the nonoriginal portion of such a compilation. Either or both the Intellectual Property Clause and the First Amendment may impose limitations on the exercise of congressional power under the Commerce Clause that would raise serious constitutional concerns regarding the constitutionality of the bill. 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/19641/download.

  7/28/1998

• 7/22/1998

  Appropriate Source for Payment of Judgments and Settlements in United States v. Winstar Corp.

  The Federal Savings and Loan Insurance Corporation Resolution Fund is the appropriate source of payment for judgments against, and settlements by, the United States in United States v Winstar Corp. and similar cases arising from the breach of certain agreements to which the Federal Savings and Loan Insurance Corporation was a party. 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/19646/download.

  7/22/1998

• 6/18/1998

  Waiver of Statutes of Limitations in Connection With Claims Against the Department of Agriculture

  The Supreme Court's decision in Irwin v. Department of Veterans Affairs made no alteration in the fundamental rules governing waivers of sovereign immunity in a ctions against the United States. Irwin and the cases following it therefore provide no support for the novel conclusion that the executive branch has the discretion to dispense with a congressionally mandated statute of limitations in litigation or the compromise of claims. Unless Congress provides to the contrary, adherence to the relevant statute of limitations remains a strict and non-waivable condition on suits against the federal government. Enactment of legislation authorizing the payment of claims barred by the statute of limitation s under the Equal Credit Opportunity Act is the necessary and constitutionally appropriate means of satisfying such claims. 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/19651/download.

  6/18/1998

• 6/12/1998

  Access to Criminal History Records by Non-Governmental Entities Performing Authorized Criminal Justice Functions

  Non-govemmental entities performing authorized criminal justice functions under contract with government law enforcement agencies may be granted access to criminal history records maintained under the authority of 28 U.S.C. § 534, subject to effective controls to guard against unauthorized use and to ensure effective oversight by the Department of Justice. Because Department of Justice regulations implementing 28 U.S C. § 534 do not affirmatively authorize dissemination of criminal history records to non-govemmental entities under contract to assist law enforcement agencies, those regulations should be amended to provide such authorization before access is granted to those entities. 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/19656/download.

  6/12/1998