Advanced search Help
Searching for terms: EXACT: "Nolan, Andrew" in: author
Clear all search criteria
Only 2/3! You are seeing results from the Public Collection, not the complete Full Collection. Sign in to search everything (see eligibility).
-
Foreign Surveillance and the Future of Standing to Sue Post-'Clapper' [July 10, 2013]
"Recent news accounts (and government responses to those news accounts) have indicated that the government is reportedly engaged in a surveillance program that gathers vast amounts of data, including records regarding the phone calls, emails, and Internet usage of millions of individuals. The disclosures to the media reportedly suggest that specific telecommunication companies have been required to disclose certain data to the government as part of the intelligence community's surveillance efforts. The recent controversy over the reports of government targeting efforts comes months after the Supreme Court ruled in a case called 'Clapper v. Amnesty International'. In 'Clapper', the Court dismissed a facial constitutional challenge to Section 702 of the Foreign Intelligence Surveillance Act on constitutional standing grounds. Specifically, the 'Clapper' court found that the litigants, a group of attorneys and human rights activists who argued that their communications with clients could be the target of foreign intelligence surveillance, could not demonstrate they would suffer a future injury that was 'certainly impending,' the requirement the majority of the Court found to be necessary to establish constitutional standing when asking a court to prevent a future injury."
Library of Congress. Congressional Research Service
Nolan, Andrew
2013-07-10
-
Introducing a Public Advocate into the Foreign Intelligence Surveillance Act's Courts: Select Legal Issues [October 25, 2013]
"Recent revelations about the size and scope of government foreign surveillance efforts have prompted some to criticize the level of scrutiny that the courts - established under the Foreign Intelligence Surveillance Act of 1978 (FISA) - currently provide with respect to the government's applications to engage in such surveillance. In response to concerns that the 'ex parte' nature of legal positions, some have proposed establishing an office led by an attorney or 'public advocate' who would represent the civil liberties interests of the general public and oppose the government's applications for foreign surveillance. The concept of a public advocate is a novel one for the American legal system, and, consequently the proposal raises several difficult questions of constitutional law. […] Other constitutional questions are prompted by FISA public advocate proposals. For example, separation of powers concerns that no branch should aggrandize itself at the expense of a co-equal branch may also prevent a public advocate from being housed within the judicial branch. Likewise, Article III of the Constitution may present an obstacle to efforts that would make appeals of FISA court decisions more frequent. This report will explore all of these difficult constitutional issues prompted by the idea of including a new adversary in FISA court proceedings."
Library of Congress. Congressional Research Service
Chu, Vivian S.; Thompson, Richard M., II; Nolan, Andrew
2013-10-25
-
Justice Anthony Kennedy: His Jurisprudence and the Future of the Court [July 11, 2018]
"On June 27, 2018, Justice Anthony M. Kennedy announced that, effective July 31, 2018, he would retire from active service as an Associate Justice on the Supreme Court of the United States. His decisive role on the Court, particularly since the Roberts Court era began in 2005, cannot be overstated. The Roberts Court era has witnessed the Court issue a number of landmark rulings, many of which have involved matters where the sitting Justices were closely divided. Justice Kennedy typically voted with the majority of the Court in such cases. Since the October 2005 term that marked the beginning of the Roberts Court, Justice Kennedy voted for the winning side in a case more often than any of his colleagues in 9 out of 12 terms."
Library of Congress. Congressional Research Service
Nolan, Andrew; Lewis, Kevin M.; Brannon, Valerie C.
2018-07-11
-
Federalism-Based Limitations on Congressional Power: An Overview [September 27, 2018]
"The U.S. Constitution establishes a system of dual sovereignty between the states and the federal government, with each state having its own government, endowed with all the functions essential to separate and independent existence. Although the Supremacy Clause of the Constitution designates 'the Laws of the United States' as 'the supreme Law of the Land,' other provisions of the Constitution--as well as legal principles undergirding those provisions--nonetheless prohibit the national government from enacting certain types of laws that impinge upon state sovereignty.The various principles that delineate the proper boundaries between the powers of the federal and state governments are collectively known as 'federalism.' Federalism-based restrictions that the Constitution imposes on the national government's ability to enact legislation may inform Congress's work in any number of areas of law in which the states and the federal government dually operate."
Library of Congress. Congressional Research Service
Nolan, Andrew; Lewis, Kevin M.; Sykes, Jay B. . . .
2018-09-27
