Showing 771–780 of 2202

• 3/27/1990

  Application of Federal Advisory Committee Act to Editorial Board of Department of Justice Journal

  An outside advisory or editorial board for a new Department of Justice publication would be subject to the Federal Advisory Committee Act if it deliberated as a body in order to formulate recommendations, but would not be subject to FACA if each individual member reviewed submissions to the journal and gave his or her own opinion about publication. 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/23361/download.

  3/27/1990

• 3/19/1990

  Indian Racial Preferences

  This memorandum addressed a disagreement between the OLC and the Interior Department regarding a 1988 OLC opinion that concluded that employment preferences for Indigenous Americans would be unconstitutional if they depended solely on "blood quantum," which would amount to an unconscious racial classification. The Interior Department sought the withdrawal of the 1988 opinion because the agency was not consulted before the opinion was issued. William Barr, then the head of OLC, advised the attorney general of his view that the opinion should not be withdrawn merely because the Interior Department was not consulted, and that reconsideration of the opinion would be appropriate only if the Interior believed that the opinion was incorrect as a matter of law.

  9/2/2022

• 3/13/1990

  Presidential Authority to Extend Deadline for Submission of an Emergency Board Report Under the Railway Labor Act

  The President may require an Emergency Board under the Railway Labor Act to submit its report before the statutory deadline, but he may not extend that thirty-day deadline unless the parties involved have entered into a side agreement extending the status quo period during which they refrain from self-help. There is substantial doubt as to whether a court would conclude that such a side agreement between the parties not to resort to self-help is equitably enforceable under the Norris-LaGuardia Act. The President does not have the authority to impose a second status quo period by convening a second Emergency Board or reconvening the original Board. 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/23366/download.

  3/13/1990

• 2/16/1990

  Issues Raised by Foreign Relations Authorization Bill

  Provision in foreign relations authorization bill conditioning an authorization for appropriations on the requirement that an entity controlled by the legislative branch be included at Conference on Security and Cooperation in Europe negotiations would unconstitutionally infringe on the President's exclusive authority to conduct negotiations on behalf of the United States abroad and unconstitutionally deprive the President of his constitutionally mandated control over the disclosure of the content of negotiations. The unconstitutional condition may be severed from the remainder of the provision authorizing appropriations and the rest of the bill. At least in the context of legislation that infringes on the separation of powers, the President has the constitutional authority to refuse to enforce a statutory provision that he believes is unconstitutional. Because this unconstitutional requirement is severable, the President may enforce the remainder of the provision, while refusing to enforce the unconstitutional portion. 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/23356/download.

  2/16/1990

• 2/15/1990

  Congressional Request for Appointment Calendars of a Former GSA Official

  Under General Services Administration records retention regulations, the appointment calendars of current and former GSA officials are personal records and personal property, rather than official records and government property. Accordingly, under the facts presented, the GSA should return a former GSA official's calendars to him. The former official, not the GSA, is responsible for responding to a congressional committee's request for the calendars. 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/23351/download.

  2/15/1990

• 2/14/1990

  Authority of the Federal Financing Bank to Provide Loans to the Resolution Trust Corporation

  The Resolution Trust Corporation is a "federal agency" within the meaning of the Federal Financing Bank Act of 1973, and the RTC is authorized to issue financial obligations under the Federal Home Loan Bank Act. Accordingly, under the FFB Act the Federal Financing Bank is authorized to provide loans to the RTC. 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/23346/download.

  2/14/1990

• 2/5/1990

  The Effect of an Appropriations Rider on the Authority of the Justice Department to File a Supreme Court Amicus Brief

  A rider in the 1990 appropriations legislation for the Justice Department, the Federal Communications Commission, and other agencies that provides that no funds appropriated by that legislation may be used to repeal, modify, or reexamine certain FCC policies does not forbid the Justice Department from filing a Supreme Court amicus brief in a case in which those policies are at issue. 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/23341/download.

  2/5/1990

• 2/5/1990

  The treatment of General Manuel Noriega and Lieutenant Colonel Luis Del Cid who are presently being detained in correctional facilities under your control

  In this memo, the Attorney General instructed the Bureau of Prisons to take specifiv steps to ensure that Colonel James Burger could effectively carry out his mission of ensuring the conditions of detainment of General Noriega and Lieutenant Colonel Del Cid complied with the Geneva Convention.

  9/2/2022

• 2/1/1990

  Extension of Prisoner of War Treatment to Defendants Noriega and Del Cid Under the Geneva Convention

  9/2/2022

• 1/25/1990

  Executive Branch Encouragement of Contributions to a Nicaraguan Opposition Party

  No provision of United States law precludes the President or members of his Administration from encouraging private parties to contribute funds to the National Opposition Union, a Nicaraguan political party, for use in the scheduled Nicaraguan elections. 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/23336/download.

  1/25/1990