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Shining a Light on the Solar Trade: Investigation Leads to Tariffs on Solar Energy-Related Imports (Part II) [January 26, 2018]
"As discussed in Part I of this two-part Sidebar, on January 23, 2018, President Trump proclaimed a four-year safeguard measure in the form of a tariff-rate quota on imports of certain crystalline silicon photovoltaic ('CSPV') products that enter the United States after midnight on February 7, 2018. The Proclamation follows a U.S. International Trade Commission ('ITC' or 'Commission') safeguard investigation ('Solar Investigation') conducted pursuant to section 201 of the Trade Act of 1974. While Part I provides background on section 201 safeguard investigations generally, this Part discusses the Solar Investigation that led to the new tariff-rate quota specifically. It then concludes with some options for Congress moving forward."
Library of Congress. Congressional Research Service
Lewis, Caitlain Devereaux
2018-01-26
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Update: Threats to National Security Foiled? A Wrap Up of New Tariffs on Steel and Aluminum [March 22, 2018]
"On March 19, 2018, the U.S. Department of Commerce ('Commerce') issued an interim final rule concerning product-specific exclusions from the new tariffs on certain steel and aluminum imports. Because these requirements involve 'a military or foreign affairs function of the United States,' Commerce determined that certain requirements of the Administrative Procedure Act, such as notice of proposed rulemaking, the opportunity for public comment, and a delayed effective date, were inapplicable. Under the new requirements, requests for exclusions can be filed only by individuals or organizations in the United States that use the specific steel and aluminum products covered by tariffs. Commerce will only grant an exclusion 'if an article is not produced in the United States in a sufficient and reasonably available amount, is not produced in the United States in a satisfactory quality, or for a specific national security consideration.' The exclusions 'will generally be approved for one year.'"
Library of Congress. Congressional Research Service
Lewis, Caitlain Devereaux
2018-03-22
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Shining a Light on the Solar Trade: Investigation Leads to Tariffs on Solar Energy-Related Imports (Part I) [January 26, 2018]
"On January 23, 2018, President Trump proclaimed a four-year safeguard measure in the form of a tariff-rate quota on imports of certain crystalline silicon photovoltaic ('CSPV') products that enter the United States after midnight on February 7, 2018. (The President also proclaimed a three-year safeguard tariff-rate quota on imports of large residential washers the same day). A tariff-rate quota is a combination of two trade remedies--a tariff and a quota--whereby imports under a certain quota level volume are subject to one tariff rate, while a higher tariff rate is imposed on imports above that level. [...] Part I of this two-part Sidebar provides background on section 201 safeguard investigations generally, while Part II specifically discusses the Solar Investigation that led to the new tariff-rate quota on CSPV products. Part II concludes with options for Congress moving forward."
Library of Congress. Congressional Research Service
Lewis, Caitlain Devereaux
2018-01-26
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Tricks of the Trade: Section 301 Investigation of Chinese Intellectual Property Practices Concludes (Part I) [March 29, 2018]
"In the latest in a series of international trade-related investigations conducted by the Trump Administration, the Office of the U.S. Trade Representative ('USTR') recently concluded its investigation under Section 301 of the Trade Act of 1974 (the 'Section 301 Investigation') 'to determine whether acts, policies, and practices of the Government of China related to technology transfer, intellectual property, and innovation are unreasonable or discriminatory and burden or restrict U.S. commerce.' Thereafter, on March 22, 2018, President Trump issued a memorandum (the 'Memorandum') in response to the investigation's findings, directing the USTR (1) to determine whether to increase tariffs on certain goods from China and (2) to pursue dispute settlement before the World Trade Organization ('WTO') to address China's allegedly discriminatory intellectual property licensing practices. The Memorandum also directed the Secretary of the Treasury to propose possible investment restrictions in response to China's alleged systematic investment in and acquisition of U.S. companies in order to obtain technologies and intellectual property."
Library of Congress. Congressional Research Service
Lewis, Caitlain Devereaux
2018-03-29
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Threats to National Security Foiled? A Wrap Up of New Tariffs on Steel and Aluminum [March 12, 2018]
"In accordance with two presidential proclamations issued on March 8, 2018, new tariffs will be imposed on imports of certain steel and aluminum products beginning on March 23, 2018. As previously discussed in this post, the tariffs come after the U.S. Department of Commerce's ('Commerce') release of two reports that detail the results of its investigations, conducted pursuant to Section 232 of the Trade Expansion Act of 1962, on the effects on national security of (1) steel imports (the 'Steel Investigation') and (2) aluminum imports (the 'Aluminum Investigation'). In its reports, Commerce concluded that steel and aluminum are 'being imported into the United States in such quantities or under such circumstances as to threaten to impair the national security,' thus triggering the President's authority under the statute to determine what 'action . . . must be taken to adjust the imports of the article and its derivatives' to address this threat. These tariffs also come about a month after the President, relying on a different statute, proclaimed a tariff-rate quota on imports of certain solar energy related products and large residential washers. Taken together, these new tariffs--all of which were imposed under the authority of two uncommonly used laws--may be indicative of the Trump Administration's approach to addressing perceived unfair trade practices, one that relies on less familiar laws allowing for the imposition of trade measures in addition to the more commonly used antidumping and countervailing duty statutes."
Library of Congress. Congressional Research Service
Lewis, Caitlain Devereaux
2018-03-12
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Pedal to the Metal: Commerce Recommends Revving Up Trade Measures on Steel and Aluminum [February 21, 2018]
"The Trump Administration is currently considering whether to impose tariffs and/or quotas that commentators have suggested could dramatically affect both American steel and aluminum manufacturers as well as American businesses that import more than 30% of the 100 million tons of steel and more than 90% of the 5.5 million tons of aluminum they use each year. As the world's largest importer of steel, any such action will not only have ramifications for the global economy, but, according to several reports, could also lead to retaliatory tariffs on American exports, such as Kentucky bourbon, Wisconsin cheese, orange juice, and Harley-Davidson motorcycles."
Library of Congress. Congressional Research Service
Lewis, Caitlain Devereaux
2018-02-21
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Tricks of the Trade: Section 301 Investigation of Chinese Intellectual Property Practices Concludes (Part II) [March 29, 2018]
"As noted in Part I of this two-part Sidebar, the Office of the U.S. Trade Representative ('USTR') recently concluded its investigation under Section 301 of the Trade Act of 1974 (the 'Section 301 Investigation') 'to determine whether acts, policies, and practices of the Government of China related to technology transfer, intellectual property, and innovation are unreasonable or discriminatory and burden or restrict U.S. commerce.' Thereafter, the President issued a memorandum (the 'Memorandum') in response to the investigation's findings directing the USTR (1) to determine whether to increase tariffs on certain goods from China and (2) to pursue dispute settlement before the World Trade Organization ('WTO') to address China's allegedly discriminatory licensing practices. The Memorandum also directed the Secretary of the Treasury to propose possible investment restrictions on China in response to China's alleged systematic investment in and acquisition of U.S. companies to obtain technologies and intellectual property. While Part I describes the legal framework governing Section 301 investigations generally, this part applies this legal framework to this specific Section 301 Investigation, providing background on the investigation, describing the USTR's findings and the President's directives, and concluding by addressing what legal issues lie ahead."
Library of Congress. Congressional Research Service
Lewis, Caitlain Devereaux
2018-03-29
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Supreme Court October Term 2016: A Review of Select Major Rulings [September 15, 2017]
"The Supreme Court term that began on October 3, 2016, was notably different from recent terms at the High Court. It was the first term (1) in thirty years to begin without Justice Antonin Scalia on the Court; (2) since 1987 to commence with a Court made up of fewer than nine active Justices; and (3) since 2010 in which a new member (Justice Neil Gorsuch) joined the High Court. Court observers have suggested that the lack of a fully staffed Supreme Court for the bulk of the last term likely had an impact on the Court's work both with regard to the volume of cases that the Court heard and the nature of those cases. The Court issued seventy written opinions during the October 2016 term and heard oral arguments in sixty-four cases, numbers that constitute the lightest docket for the Court since at least the Civil War era. Moreover, unlike in recent terms where the Court issued opinions on matters related to abortion and affirmative action, the Court's docket for the October 2016 term had comparatively very few high-profile issues."
Library of Congress. Congressional Research Service
Nolan, Andrew; Brown, Cynthia; Garcia, Michael John . . .
2017-09-15
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Presidential Authority over Trade: Imposing Tariffs and Duties [December 9, 2016]
From the Introduction: "The 2016 U.S. presidential election drew much attention to the country's trade policies as candidates advanced trade proposals intended to improve the economy and the terms of certain trade agreements. These proposals raise questions about the President's authority to act unilaterally in this area, especially his ability to impose tariffs on imported goods from certain countries, and continue to prompt debate post-election. While tariffs fell out of favor in international trade negotiations by the 1970s, the 2016 election cycle brought renewed consideration of the use of tariffs as a means to aid U.S. businesses. An understanding of the constitutional and statutory underpinnings of the tariff-making power, a cognizance of the role of tariffs in U.S. trade law over time, and an examination of the evolution of related trade legislation are necessary to evaluate any future executive actions with regard to U.S. trade policy. In this vein, this report describes the constitutional framework establishing Congress's tariff powers, as well as the President's authority to act pursuant to specific legislation from Congress. It then provides examples of statutory provisions that delegate tariff powers to the President. Finally, it concludes with an overview of how the President's exercise of his delegated tariff powers may be challenged in the courts."
Library of Congress. Congressional Research Service
Lewis, Caitlain Devereaux
2016-12-09
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Patent Law: A Primer and Overview of Emerging Issues [September 21, 2017]
"In an increase over prior terms, the Supreme Court of the United States issued six opinions involving patent law during its October 2016 Term. These decisions addressed issues ranging from patent exhaustion, multicomponent products, and biosimilar patents to procedural issues like venue and the statute of limitations for infringement claims. The increase in patent cases heard by the High Court coincides with an apparent increase in patent litigation generally. As observed by Judge Kathleen O'Malley of the U.S. Court of Appeals for the Federal Circuit (Federal Circuit), the court that has exclusive jurisdiction over most appeals involving patents: 'While federal filings in complex civil cases in regional circuits have been down in recent years, the patent litigation business is booming. Indeed, patent filings in district courts have almost doubled from 2010--when there were 3,301 patent actions filed--to 2013, when ... there were 6,497 such cases instituted.'"
Library of Congress. Congressional Research Service
Lewis, Caitlain Devereaux; Armstrong, Kathryn B.
2017-09-21
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Judge Neil M. Gorsuch: His Jurisprudence and Potential Impact on the Supreme Court [March 8, 2017]
From the Document: "On January 31, 2017, President Donald J. Trump announced the nomination of Judge Neil M. Gorsuch of the U.S. Court of Appeals for the Tenth Circuit (Tenth Circuit) to fill the vacancy on the Supreme Court of the United States created by the death of Justice Antonin Scalia in 2016. Judge Gorsuch was appointed to the Tenth Circuit by President George W. Bush in 2006. The Tenth Circuit's territorial jurisdiction covers Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming, and parts of Yellowstone National Park that extend into Idaho and Montana. […] This report provides an overview of Judge Gorsuch's jurisprudence and discusses how the Supreme Court might be affected if he were to succeed Justice Scalia. In particular, the report focuses on those areas of law where Justice Scalia can be seen to have influenced the High Court's approach to particular issues or provided a fifth and deciding vote on the Court, with a view toward how the nominee might approach those same issues. The report begins by discussing the nominee's views on two cross-cutting issues-the role of the judiciary and statutory interpretation. It then addresses fourteen separate areas of law, arranged in alphabetical order, from 'administrative law' to 'takings.' The report includes a table that notes the cases where the Supreme Court has reviewed majority opinions written or joined by Judge Gorsuch. Another set of tables in this report analyzes the nominee's concurrences and dissents and those of his colleagues on the Tenth Circuit."
Library of Congress. Congressional Research Service
Nolan, Andrew; Lewis, Caitlain Devereaux; Manuel, Kate . . .
2017-03-08
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Judge Brett M. Kavanaugh: His Jurisprudence and Potential Impact on the Supreme Court [August 21, 2018]
From the Document: "On July 9, 2018, President Donald J. Trump announced the nomination of Judge Brett M. Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) to fill retiring Justice Anthony M. Kennedy's seat on the Supreme Court of the United States. Nominated to the D.C. Circuit by President George W. Bush, Judge Kavanaugh has served on that court for more than twelve years. In his role as a Circuit Judge, the nominee has authored roughly three hundred opinions (including majority opinions, concurrences, and dissents) and adjudicated numerous high-profile cases concerning, among other things, the status of wartime detainees held by the United States at Guantanamo Bay, Cuba; the constitutionality of the current structure of the Consumer Financial Protection Bureau; the validity of rules issued by the Environmental Protection Agency under the Clean Air Act; and the legality of the Federal Communications Commission's net neutrality rule. Since joining the D.C. Circuit, Judge Kavanaugh has also taught courses on the separation of powers, national security law, and constitutional interpretation at Harvard Law School, Yale Law School, and the Georgetown University Law Center."
Library of Congress. Congressional Research Service
Nolan, Andrew; Lewis, Caitlain Devereaux
2018-08-21
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Legal Issues Related to the COVID-19 Outbreak: An Overview [Updated March 26, 2020]
From the Document: "The COVID-19 [coronavirus disease 2019] outbreak has rapidly shifted the congressional agenda in recent weeks, while altering the daily lives of millions of American residents. Alongside the many medical, economic, social, and public policy questions raised by the pandemic are a range of legal issues. These include both short-term legal questions related to the unfolding outbreak as well as longer-term legal issues that are anticipated to persist in the wake of the crisis. Among the most immediate questions are those related to the scope of state and federal authorities concerning quarantine measures, travel and entry restrictions, the movement of medical goods, health care coverage, and the like. Of more ongoing concern may be legal issues ranging from those related to the development of vaccines, testing, treatments, and other medical countermeasures, to postponing national elections, to civil liability for COVID-19 exposure, to criminal actions related to hoarding and price gouging, to providing economic assistance to individuals and businesses, to foreclosure, eviction, and debt collection moratoria. This Legal Sidebar provides a list of legal resources discussing these and other legal topics related to the COVID-19 pandemic. It will be updated intermittently as additional legal issues emerge."
Library of Congress. Congressional Research Service
Lewis, Caitlain Devereaux
2020-03-26
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Legal Issues Related to the COVID-19 Outbreak: An Overview [Updated March 30, 2020]
From the Document: "The COVID-19 [coronavirus disease 2019] outbreak has rapidly shifted the congressional agenda in recent weeks, while altering the daily lives of millions of American residents. Alongside the many medical, economic, social, and public policy questions raised by the pandemic are a range of legal issues. These include both short-term legal questions related to the unfolding outbreak as well as longer-term legal issues that are anticipated to persist in the wake of the crisis. Among the most immediate questions are those related to the scope of state and federal authorities concerning quarantine measures, travel and entry restrictions, the movement of medical goods, health care coverage, and the like. Of more ongoing concern may be legal issues ranging from those related to the development of vaccines, testing, treatments, and other medical countermeasures, to postponing national elections, to civil liability for COVID-19 exposure, to criminal actions related to hoarding and price gouging, to providing economic assistance to individuals and businesses, to foreclosure, eviction, and debt collection moratoria. This Legal Sidebar provides a list of legal resources discussing these and other legal topics related to the COVID-19 pandemic."
Library of Congress. Congressional Research Service
Lewis, Caitlain Devereaux
2020-03-30
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Legal Issues Related to the COVID-19 Outbreak: An Overview [Updated May 8, 2020]
From the Document: "The COVID-19 [coronavirus disease 2019] outbreak has rapidly shifted the congressional agenda in recent weeks, while altering the daily lives of millions of American residents. Alongside the many medical, economic, social, and public policy questions raised by the pandemic are a range of legal issues. These include both short-term legal questions related to the unfolding outbreak as well as longer-term legal issues that are anticipated to persist in the wake of the crisis. Among the most immediate questions are those related to the scope of state and federal authorities concerning quarantine measures, travel and entry restrictions, the movement of medical goods, health care coverage, and the like. Of more ongoing concern may be legal issues ranging from those related to the development of vaccines, testing, treatments, and other medical countermeasures, to postponing national elections, to civil liability for COVID-19 exposure, to criminal actions related to hoarding and price gouging, to providing economic assistance to individuals and businesses, to foreclosure, eviction, and debt collection moratoria. This Legal Sidebar provides a list of legal resources discussing these and other legal topics related to the COVID-19 pandemic. It will be updated intermittently as additional legal issues emerge."
Library of Congress. Congressional Research Service
Lewis, Caitlain Devereaux
2020-05-08
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Legal Issues Related to the COVID-19 Outbreak: An Overview [Updated April 17, 2020]
From the Document: "The COVID-19 [coronavirus disease 2019] outbreak has rapidly shifted the congressional agenda in recent weeks, while altering the daily lives of millions of American residents. Alongside the many medical, economic, social, and public policy questions raised by the pandemic are a range of legal issues. These include both short-term legal questions related to the unfolding outbreak as well as longer-term legal issues that are anticipated to persist in the wake of the crisis. Among the most immediate questions are those related to the scope of state and federal authorities concerning quarantine measures, travel and entry restrictions, the movement of medical goods, health care coverage, and the like. Of more ongoing concern may be legal issues ranging from those related to the development of vaccines, testing, treatments, and other medical countermeasures, to postponing national elections, to civil liability for COVID-19 exposure, to criminal actions related to hoarding and price gouging, to providing economic assistance to individuals and businesses, to foreclosure, eviction, and debt collection moratoria."
Library of Congress. Congressional Research Service
Lewis, Caitlain Devereaux
2020-04-17
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Legal Issues Related to the COVID-19 Outbreak: An Overview [Updated May 29, 2020]
From the Document: "The COVID-19 [coronavirus disease 2019] outbreak has rapidly shifted the congressional agenda in recent weeks, while altering the daily lives of millions of American residents. Alongside the many medical, economic, social, and public policy questions raised by the pandemic are a range of legal issues. These include both short-term legal questions related to the unfolding outbreak as well as longer-term legal issues that are anticipated to persist in the wake of the crisis. Among the most immediate questions are those related to the scope of state and federal authorities concerning quarantine measures, travel and entry restrictions, the movement of medical goods, health care coverage, and the like. Of more ongoing concern may be legal issues ranging from those related to the development of vaccines, testing, treatments, and other medical countermeasures, to postponing national elections, to civil liability for COVID-19 exposure, to criminal actions related to hoarding and price gouging, to providing economic assistance to individuals and businesses, to foreclosure, eviction, and debt collection moratoria. This Legal Sidebar provides a list of legal resources discussing these and other legal topics related to the COVID-19 pandemic. It will be updated intermittently as additional legal issues emerge."
Library of Congress. Congressional Research Service
Lewis, Caitlain Devereaux
2020-05-29
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Legal Issues Related to the COVID-19 Outbreak: An Overview [Updated May 1, 2020]
From the Document: "The COVID-19 [coronavirus disease 2019] outbreak has rapidly shifted the congressional agenda in recent weeks, while altering the daily lives of millions of American residents. [...] Among the most immediate questions are those related to the scope of state and federal authorities concerning quarantine measures, travel and entry restrictions, the movement of medical goods, health care coverage, and the like. Of more ongoing concern may be legal issues ranging from those related to the development of vaccines, testing, treatments, and other medical countermeasures, to postponing national elections, to civil liability for COVID-19 exposure, to criminal actions related to hoarding and price gouging, to providing economic assistance to individuals and businesses, to foreclosure, eviction, and debt collection moratoria. This Legal Sidebar provides a list of legal resources discussing these and other legal topics related to the COVID-19 pandemic."
Library of Congress. Congressional Research Service
Lewis, Caitlain Devereaux
2020-05-01
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Legal Issues Related to the COVID-19 Outbreak: An Overview [Updated March 27, 2020]
From the Document: "The COVID-19 [coronavirus disease 2019] outbreak has rapidly shifted the congressional agenda in recent weeks, while altering the daily lives of millions of American residents. Alongside the many medical, economic, social, and public policy questions raised by the pandemic are a range of legal issues. These include both short-term legal questions related to the unfolding outbreak as well as longer-term legal issues that are anticipated to persist in the wake of the crisis. Among the most immediate questions are those related to the scope of state and federal authorities concerning quarantine measures, travel and entry restrictions, the movement of medical goods, health care coverage, and the like. Of more ongoing concern may be legal issues ranging from those related to the development of vaccines, testing, treatments, and other medical countermeasures, to postponing national elections, to civil liability for COVID-19 exposure, to criminal actions related to hoarding and price gouging, to providing economic assistance to individuals and businesses, to foreclosure, eviction, and debt collection moratoria. This Legal Sidebar provides a list of legal resources discussing these and other legal topics related to the COVID-19 pandemic."
Library of Congress. Congressional Research Service
Lewis, Caitlain Devereaux
2020-03-27
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Legal Issues Related to the COVID-19 Outbreak: An Overview [Updated May 18, 2020]
From the Document: "The COVID-19 [coronavirus disease 2019] outbreak has rapidly shifted the congressional agenda in recent weeks, while altering the daily lives of millions of American residents. Alongside the many medical, economic, social, and public policy questions raised by the pandemic are a range of legal issues. [...] Among the most immediate questions are those related to the scope of state and federal authorities concerning quarantine measures, travel and entry restrictions, the movement of medical goods, health care coverage, and the like. Of more ongoing concern may be legal issues ranging from those related to the development of vaccines, testing, treatments, and other medical countermeasures, to postponing national elections, to civil liability for COVID-19 exposure, to criminal actions related to hoarding and price gouging, to providing economic assistance to individuals and businesses, to foreclosure, eviction, and debt collection moratoria. This Legal Sidebar provides a list of legal resources discussing these and other legal topics related to the COVID-19 pandemic. It will be updated intermittently as additional legal issues emerge."
Library of Congress. Congressional Research Service
Lewis, Caitlain Devereaux
2020-05-18
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Legal Issues Related to the COVID-19 Outbreak: An Overview [Updated April 10, 2020]
From the Document: "The COVID-19 [coronavirus disease 2019] outbreak has rapidly shifted the congressional agenda in recent weeks, while altering the daily lives of millions of American residents. Alongside the many medical, economic, social, and public policy questions raised by the pandemic are a range of legal issues. These include both short-term legal questions related to the unfolding outbreak as well as longer-term legal issues that are anticipated to persist in the wake of the crisis. Among the most immediate questions are those related to the scope of state and federal authorities concerning quarantine measures, travel and entry restrictions, the movement of medical goods, health care coverage, and the like. Of more ongoing concern may be legal issues ranging from those related to the development of vaccines, testing, treatments, and other medical countermeasures, to postponing national elections, to civil liability for COVID-19 exposure, to criminal actions related to hoarding and price gouging, to providing economic assistance to individuals and businesses, to foreclosure, eviction, and debt collection moratoria. This Legal Sidebar provides a list of legal resources discussing these and other legal topics related to the COVID-19 pandemic. It will be updated intermittently as additional legal issues emerge."
Library of Congress. Congressional Research Service
Lewis, Caitlain Devereaux
2020-04-10
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Legal Issues Related to the COVID-19 Outbreak: An Overview [Updated June 12, 2020]
From the Document: "The COVID-19 [coronavirus disease 2019] outbreak rapidly shifted the congressional agenda, while altering the daily lives of millions of American residents. Alongside the many medical, economic, social, and public policy questions raised by the pandemic are a range of legal issues. These include both short-term legal questions related to the unfolding outbreak as well as longer-term legal issues that are anticipated to persist in the wake of the crisis. Among the most immediate questions were those related to the scope of state and federal authorities concerning quarantine measures, travel and entry restrictions, the movement of medical goods, health care coverage, and the like. Of more ongoing concern may be legal issues ranging from those related to the development of vaccines, testing, treatments, and other medical countermeasures, to postponing national elections, to civil liability for COVID-19 exposure, to criminal actions related to hoarding and price gouging, to providing economic assistance to individuals and businesses, to foreclosure, eviction, and debt collection moratoria. This Legal Sidebar provides a list of legal resources discussing these and other legal topics related to the COVID-19 pandemic. It will be updated intermittently as additional legal issues emerge."
Library of Congress. Congressional Research Service
Lewis, Caitlain Devereaux
2020-06-12
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