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Whether False Statements or Omissions in Iraq's Weapons of Mass Destruction Declaration Would Constitute a "Further Material Breach" Under U.N. Security Council Resolution 1441, (2002)
United States Attorneys General Filed: Dec. 07, 2002

, Lumbermens Council v. FTC, 115 F.2d 178, 185 (9th Cir. Yet, under the conjunctive construction, the most, willful violations of its inspection obligations would not constitute a further, material breach so long as Iraq has not made false statements or omissions in its, paragraph 3 declaration.

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Under Secretary of the Treasury for Enforcement, (2002)
United States Attorneys General Filed: Dec. 19, 2002

Under Secretary of the Treasury for Enforcement, The President does not have a legal duty to make a nomination for Under Secretary of the Treasury for, Enforcement.from Dawn Johnsen, Acting Assistant Attorney General, Office of Legal Counsel, Re: Acting Desig-, nation (Dec. 12, 1997);

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Survey of the Law of Expatriation, (2002)
United States Attorneys General Filed: Jun. 12, 2002

, 5, By its express terms, the Citizenship Clause does not protect persons who acquire U.S. citizenship, by virtue of being born abroad to parents, at least one of whom is a U.S. citizen, because such persons, are not born or naturalized in the United States. at 734 (Dual nationality .

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Status of Taliban Forces Under Article 4 of the Third Geneva Convention of 1949, (2002)
United States Attorneys General Filed: Feb. 07, 2002

, DoDs facts suggest that to the extent the Taliban militia was organized at all, it, consisted of a loose array of individuals who had shifting loyalties among various, Taliban and al Qaeda figures.requirements.may determine that the Taliban, as a group, are not entitled to POW, status under GPW.

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Role of Legal Guardians or Proxies in Naturalization Proceedings, (2002)
United States Attorneys General Filed: Mar. 13, 2002

Role of Legal Guardians or Proxies in, Naturalization Proceedings, Section 504 of the Rehabilitation Act requires the Immigration and Naturalization Service as a, reasonable accommodation to permit a legal guardian or proxy to represent a mentally disabled, applicant in naturalization proceedings.

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Relationship Between Section 203(d) of the Patriot Act and the Mandatory Disclosure Provision of Section 905(a) of the Patriot Act, (2002)
United States Attorneys General Filed: Sep. 17, 2002

See also United States v. Am.517 U.S. 25, 30 (1996). 8 Section 203(d), in contrast, sets forth a permissive grant of authority, that is not restricted by other provisions of law: section 203(d) makes it lawful to, share information [n]otwithstanding any other provision of law.

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Legality of Fixed-Price Intergovernmental Agreements for Detention Services, (2002)
United States Attorneys General Filed: Dec. 31, 2002

Cisneros, 508 U.S. at 18. Section 4006 by its terms provides that any, agreement that the Attorney General reaches with state or local governments for, the subsistence of federal detainees in USMS custody must limit payment to the, reasonable and actual cost of the subsistence.

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Federal Reserve Board Efforts to Control Access to Buildings and Open Meetings, (2002)
United States Attorneys General Filed: Jul. 09, 2002

Board Letter at 2. Thus, reading the, Boards statutory control over its buildings together with the Sunshine Acts open, meeting requirement further reinforces our conclusion that although the public as a, whole is entitled to observe Board meetings, particular individuals can be turned, away.

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Expiration of Authority of Recess Appointees, (2002)
United States Attorneys General Filed: Nov. 22, 2002

Expiration of Authority of Recess Appointees, Two members of the National Labor Relations Board who received recess appointments between the, first and second sessions of the 107th Congress may not continue to serve on the Board after the, Senate adjourned the second session sine die.

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Effect of the Patriot Act on Disclosure to the President and Other Federal Officials of Grand Jury and Title III Information Relating to National Security and Foreign Affairs, (2002)
United States Attorneys General Filed: Jul. 22, 2002

in the performance of his official duties., With respect to Title III information, the disclosure may be initiated by an, investigative or law enforcement officer, or attorney for the government, who has, obtained knowledge of the information by any means authorized by the provisions, of Title III.

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Effect of a Recent United Nations Security Council Resolution on the Authority of the President Under International Law to Use Military Force Against Iraq, (2002)
United States Attorneys General Filed: Nov. 08, 2002

Iraqs WMD program shall constitute a further material breach of Iraqs obliga-, tions. Iraqs material, breaches permit the United States to suspend the cease-fire and rely on UNSCR, 678 as an authorization to use force to bring Iraq into compliance with UNSCR, 687 and other relevant resolutions.

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Duty to File Public Financial Disclosure Report, (2002)
United States Attorneys General Filed: Dec. 19, 2002

You have, asked us to assume that the employees salary is set by administrative action, within a range specified by statute, is below the statutory salary threshold for such, reports, but could have been set at a level making a public report necessary. who occupies a, position .

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Designation of Acting Solicitor of Labor, (2002)
United States Attorneys General Filed: Nov. 15, 2002

As for the first scenario: We also believe that Mr. Scalia, while holding the, office of Solicitor for the Department of Labor by recess appointment, could, simultaneously hold a position in the non-career Senior Executive Service in the, Department of Labor.

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Centralizing Border Control Policy Under the Supervision of the Attorney General, (2002)
United States Attorneys General Filed: Mar. 20, 2002

Centralizing Border Control Policy Under the, Supervision of the Attorney General, In general, the President may not transfer the functions of an agency statutorily created within one, Cabinet department to another Cabinet department without an act of Congress. does, not wish to take the action .

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Authority of the President Under Domestic and International Law to Use Military Force Against Iraq, (2002)
United States Attorneys General Filed: Oct. 23, 2002

Authority of the President Under Domestic and, International Law to Use Military Force Against Iraq, The President possesses constitutional authority to use military force against Iraq to protect United, States national interests. at 208-09 (listing attacks by Libya on, U.S. interests).

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Authority of the Chemical Safety and Hazard Investigation Board to Delegate Power, (2002)
United States Attorneys General Filed: Apr. 19, 2002

You have asked whether the Chemical Safety and Hazard Investigation Board, (Board) may delegate executive and administrative authority, previously, exercised by its chairperson, to a single member while the position of chairperson, is vacant. The member could not use the title Acting Chairperson;

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Authority of FEMA to Provide Disaster Assistance to Seattle Hebrew Academy, (2002)
United States Attorneys General Filed: Sep. 25, 2002

Upon careful reading, neither of these provisions requires that eligible, private nonprofit facilities provide services to the general public, or that, religious schools that limit admission to students of a particular faith be deemed, ineligible for disaster relief. Lambs Chapel, 508 U.S. at 394.

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Authority of Federal Judges and Magistrates to Issue "No-Knock" Warrants, (2002)
United States Attorneys General Filed: Jun. 12, 2002

A number of States give magistrate judges the authority to issue, no-knock warrants if the officers demonstrate ahead of time a rea-, sonable suspicion that entry without prior announcement will be, appropriate in a particular context.), (citing United States v. Leon, 468 U.S. 897 (1984);

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Application of Conflict of Interest Rules to Appointees Who Have Not Begun Service, (2002)
United States Attorneys General Filed: May 08, 2002

, We therefore look to the statutory definitions of officer and employee in, title 5 in deciding whether the conflict of interest restrictions apply to a person, who has been appointed to office by the President with the Senates advice and, consent but has not yet begun the duties of office.

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Application of 44 U.S.C. ยง 1903 to Procurement of Printing of Government Publications, (2002)
United States Attorneys General Filed: Aug. 22, 2002

See Involvement of the Government, Printing Office in Executive Branch Printing and Duplicating, 20 Op. O.L.C., In summary, executive agencies may split print orders, using private printers at, agency expense for their own needs and requisitioning depository copies from, GPO at GPOs expense.

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