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Whether the President May Sign a Bill by Directing That His Signature Be Affixed to It, (2005)
United States Attorneys General Filed: Jul. 07, 2005

Whether the President May Sign a Bill by Directing, That His Signature Be Affixed to It, The President need not personally perform the physical act of affixing his signature to a bill he, approves and decides to sign in order for the bill to become law. In Gardner v. Collector, 73 U.S. (6 Wall.

# 1
Whether Conflict of Interest Laws Apply to a Person Assisting a Supreme Court Nominee, (2005)
United States Attorneys General Filed: Jul. 22, 2005

former Senator Fred Thompson would be an officer or employee of the federal, government if he assisted a Supreme Court nominee during the process of, confirmation by the Senate. 1, The executive order reaches employees, a term that covers any officer[s] or, employee[s] of an agency.

# 2
Whether Appropriations May Be Used for Informational Video News Releases, (2005)
United States Attorneys General Filed: Mar. 11, 2005

, The Comptroller Generals conclusion fails to recognize the distinction be-, tween covert propaganda and purely informational VNRs, which do not, constitute propaganda within the common meaning of that term and therefore, are not subject to the appropriations restriction.

# 3
Waiver of Sovereign Immunity With Respect to Whistleblower Provisions of Environmental Statutes, (2005)
United States Attorneys General Filed: Sep. 23, 2005

Applying the canon that waivers, of sovereign immunity are to be narrowly construed, the Court in EPA held that, requirement did not include state permits or other procedural mechanisms, designed to ensure compliance with substantive pollution control standards. 503 U.S. at 627.

# 4
Treatment of Expunged State Convictions Under the Immigration and Nationality Act, (2005)
United States Attorneys General Filed: Jan. 18, 2005

Before discussing these lines of precedent, however, I must, clarify the term expungement.222 F.3d at 742. 2002) ([E]xcept in the Ninth Circuit, a, first-time simple drug possession offense expunged under a state rehabilitative, statute is a conviction under section 101(a)(48)(A) of the [INA].

# 5
Status of the Director of Central Intelligence Under the National Security Intelligence Reform Act of 2004, (2005)
United States Attorneys General Filed: Jan. 12, 2005

, Indeed, Congress has frequently changed an offices title, reduced its duties or, authorities, and retained a requirement of Senate confirmation under analogous, circumstances—without any suggestion that it thereby created a new office or, otherwise purported to require a new appointment.

# 6
Scope of Criminal Enforcement Under 42 U.S.C. § 1320d-6, (2005)
United States Attorneys General Filed: Jun. 01, 2005

We conclude that health, plans, health care clearinghouses, those health care providers specified in the, statute, and Medicare prescription drug card sponsors may be prosecuted for, violations of section 1320d-6., Other persons may not be liable directly under this provision.524 U.S. at 193.

# 7
Religious Objections to the Postal Service Oath of Office, (2005)
United States Attorneys General Filed: Feb. 02, 2005

Religious Objections to the Postal Service Oath of Office, Section 1011 of title 39 of the United States Code specifies an oath of office that all Postal Service, officers and employees must take. v. Philbrook, 479 U.S. 60, 63 n.1 (1986). Subsection (b) does not, list Title VII as applying.

# 8
Proposed Amendments to Military Commission Order No. 1, (2005)
United States Attorneys General Filed: Aug. 12, 2005

) (Presidents Military Order). That order allows for, both the presiding officer and all other members of the military commission, together to decide questions of law or fact (subject to the special rule for questions, of admissibility). See, e.g., Military Commission Order §§ 5(L), 6(F).

# 9
Authority Under the Defense Base Closure and Realignment Act to Close or Realign National Guard Installations Without the Consent of State Governors, (2005)
United States Attorneys General Filed: Aug. 10, 2005

, Both text and history thus make clear that the gubernatorial consent require-, ment contained in section 18238 applies only where the federal government is, acting under the authority conferred by the Facilities Act, as now codified in, chapter 1803 of title 10. to be maintained in each State.

# 10
Authority of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to Permit Importation of Frames, Receivers, and Barrels of Non-Importable Firearms, (2005)
United States Attorneys General Filed: Jul. 06, 2005

and Explosives (ATF or Bureau) has the authority to permit the importation of, the frames, receivers, and barrels of non-importable firearms, where the importa-, tion of those parts is solely for purposes of repair or replacement rather than for, the assembly of a new firearm. 544 U.S. at 388–89.

# 11
Assignment of Certain Functions Related to Military Appointments, (2005)
United States Attorneys General Filed: Jul. 28, 2005

Assignment of Certain Functions Related, to Military Appointments, Section 531(a)(1) of title 10 does not affirmatively prohibit delegation to the Secretary of Defense of, the Presidents appointment authority.

# 12
Appointments to the Board of the Legal Services Corporation, (2005)
United States Attorneys General Filed: Sep. 20, 2005

On July 28, 2005, the Senate confirmed the Presidents nominations of Thomas, A. Fuentes and Bernice Phillips as members of the Legal Services Corporations, Board of Directors, for terms expiring July 13, 2005. Thus, the appointments here, would not fill the positions for those purposes.

# 13
Application of the Emoluments Clause to a Member of the President's Council on Bioethics, (2005)
United States Attorneys General Filed: Mar. 09, 2005

Application of the Emoluments Clause to a Member, of the Presidents Council on Bioethics, A member of the Presidents Council on Bioethics does not hold an Office of Profit or Trust within, the meaning of the Emoluments Clause of the Constitution., 9, The 1982 opinion also stated that the language .

# 14
Application of Record Destruction Requirements to Information Received From the National Instant Criminal Background Check System, (2005)
United States Attorneys General Filed: Jan. 11, 2005

whether the, receipt or transfer of a firearm would be in violation of Federal or state law., Furthermore, the materials in ATFs case files are not records of the system, , even if those files contain information that originated with the NICS and thus, began as such records.

# 15
Application of 18 U.S.C. § 207(c) to Proposed Communications Between Retired Navy Flag Officer and Marine Corps Commanders in Iraq Regarding Security Issues, (2005)
United States Attorneys General Filed: Sep. 13, 2005

The Parent believes that effective communications on these, issues between the retired officer and Marine Corps personnel is necessary to, ensure the security of the Companys employees and will potentially save lives. Mora Memorandum at 1. Boudin Opinion at 6. Gerson Memorandum at 3.

# 16
Application of 18 U.S.C. § 1913 to "Grass Roots" Lobbying by Union Representatives, (2005)
United States Attorneys General Filed: Nov. 23, 2005

Natl Guard);We therefore turn to the question whether the federal laws, which give express, authorization for direct lobbying of Congress by federal employees who are, union representatives, also offer express authorization for grass roots lobbying, by such employees.to the union.

# 17

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