Showing 651–660 of 2202

• 2/14/1995

  Standards for Searches Under Foreign Intelligence Surveillance Act

  This opinion reviews whether a search under the Foreign Intelligence Surveillance Act ("FISA") can be approved when the collection of foreign intelligence is one of the purposes of the search, but not the primary purpose. The opinion finds that while the judiciary would likely adopt the "primary purpose" test for FISA searches, the courts have been exceedingly deferential to the government in criminal cases. The opinion further conludes that so long as the government is behaving in good faith, there is elasticity to the "primary purpose" test. 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/936201/download.

  2/14/1995

• 1/26/1995

  Internal Revenue Service Notices of Levy on Undelivered Commerce Department Fishing Quota Permits

  The Department of Commerce may lawfully withhold delivery of fishing quotas or quota shares to eligible fishermen under the federal fishery laws in order to comply with a notice of levy served on the Department by the Internal Revenue Service to satisfy federal tax delinquencies. 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/20256/download.

  1/26/1995

• 1/23/1995

  The Balanced Budget Amendment

  The lack of any enforcement mechanism in current proposals to amend the Constitution to require a balanced budget could result in the transfer of power over fundamental political questions of taxing and spending to the courts. This would represent a substantial reordering of our basic constitutional structure. Before resorting to the drastic step of amending the Constitution, Congress should explore other reasonable alternatives, including line item veto legislation. 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/20261/download.

  1/23/1995

• 1/20/1995

  Relationship Between Department of Justice Attorneys and Persons on Whose Behalf the United States Brings Suits Under the Fair Housing Act

  When the Department of Justice undertakes a civil action on behalf of a complainant alleging a discriminatory housing practice under the Fair Housing Act, Department attorneys handling the action do not enter into an attomey-client relationship with the complainant, nor do they undertake a fiduciary obligation to the complainant. Because no attomey-client relationship is established in such undertakings, no retainer agreement between the complainant and the Department attorneys should be entered into. 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/20266/download.

  1/20/1995

• 12/15/1994

  Authority of the Federal Financial Supervisory Agencies Under the Community Reinvestment Act

  The federal financial supervisory agencies lack authority under the Community Reinvestment Act of 1977 to provide by regulation that financial institutions that do not meet the credit needs of their communities may be subject to administrative enforcement actions under 12 U S.C. § 1818. 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/20271/download.

  12/15/1994

• 11/22/1994

  Whether Uruguay Round Agreements Required Ratification as a Treaty

  The Uruguay Round Agreements concluded under the auspices of the General Agreement on Tariffs and Trade did not require ratification by the Senate as a treaty, but could constitutionally be executed by the President and approved and implemented by Act of Congress. 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/20276/download.

  11/22/1994

• 11/7/1994

  Application of 18 U.S.C. § 205 to Communications Between the National Association of Assistant United States Attorneys and the Department of Justice

  The restrictions of 18 U.S.C. § 205 preclude current federal employees from representing the National Association of Assistant United States Attorneys before the Department of Justice regarding compensation, workplace issues, and other issues that focus on the interests of Assistant United States Attorneys or another discrete and identifiable class of persons or entities. Section 205 does not preclude several other kinds of communications between the Department and NAAUSA or similar associations. The Department is not precluded from dealing with individual AUSAs or groups of AUSAs in their official capacities on matters affecting AUSAs, even if those AUSAs are coincidentally members of NAAUSA. Nor does section 205 place any restrictions on representatives who are not current federal employees, such as NAAUSA's executive director or former AUSAs no longer employed by the government. Finally, discussions of broad policy directed towards a large and diverse group of persons would be permissible under the statute. 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/20286/download.

  11/7/1994

• 11/7/1994

  Congressional Testimony of an Assistant United States Attorney on Behalf of the National Association of Assistant United States Attorneys

  The Department of Justice correctly takes the position that it may not prohibit an Assistant United States Attorney from testifying before Congress in his or her personal capacity on behalf of the National Association of Assistant United States Attorneys. The Department's rules regulating such testimony are consistent with the First Amendment. Those rules require that the AUSA make it clear that he or she is not speaking for the Department, avoid using or permitting the use of his or her official title or position in connection with the testimony (except as one of several biographical details), and comply with rules on the protection of confidential information 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/20281/download.

  11/7/1994

• 11/2/1994

  Presidential Authority to Decline to Execute Unconstitutional Statutes

  This memorandum discusses the President's constitutional authority to decline to execute unconstitutional statutes. 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/20291/download.

  11/2/1994

• 10/7/1994

  Availability of Money Damages Under the Religious Freedom Restoration Act

  Section 3(c) of the Religious Freedom Restoration Act, which makes available "appropriate relief" in judicial proceedings against federal and state government entities, does not waive or abrogate the sovereign immunity of federal and state governments against the award of money damages. 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/20301/download.

  10/7/1994