Showing 1471–1480 of 2214

• 4/18/1979

  Employment and Immigration Status of Nonimmigrant Alien Soccer Players During Strike in the North American Soccer League

  This document discusses the status of nonimmigrant alien soccer players in the North American Soccer League during a strike. It concludes that the Immigration and Nationality Act and applicable regulations do not bar these alien workers from continuing to work, nor do they require their deportation if they choose to honor or refuse to honor the strike. The document presents questions regarding the lawful continuation of work for nonimmigrant alien soccer players during a strike, as well as the lawful status of those who choose not to work during the strike. It also raises concerns about the interpretation of regulations and their impact on the rights of nonimmigrant alien employees under the National Labor Relations Act.

  4/18/1979

• 4/13/1979

  Duration of Four Statutorily Created Veterans Administration Advisory Committees

  This document addresses the duration of four Veterans Administration (VA) advisory committees under the Federal Advisory Committee Act (FACA). The conclusion reached is that the duration of advisory committees may be determined by implication from the particular statute involved, allowing them to survive the FACA's 2-year cutoff provisions. The document presents a detailed analysis of the statutory provisions for each committee, concluding that the Cemeteries and Structural Safety Committees have continuing duration implied by law, while the Education Committee and special medical advisory group (SMAG) have limited extended duration for specific purposes. The questions presented for review include whether the statutes establishing the committees specify their terms of existence, and whether the committees are assigned specific ongoing functions that are integral to the implementation of a statutory scheme.

  4/13/1979

• 4/12/1979

  Resignation of the Head of a Department Effective Only Upon the Confirmation and Appointment of a Successor

  This document discusses the issue of whether the head of an executive agency can submit a resignation to become effective only upon confirmation and appointment of his or her successor. The conclusion reached in the document is that such a resignation is permissible and does not limit the President's powers. The document also presents historical examples and legal analysis to support the conclusion. The questions presented for review include the legality of submitting a resignation to take effect at a future date and the power of the President to nominate and the Senate to confirm appointments in anticipation of a vacancy. Additionally, the document provides examples of nominations made in anticipation of a vacancy and the Senate's confirmation of such nominations.

  4/12/1979

• 4/10/1979

  Whether a Commissioned Military Officer May Retain His Commission If He Accepts a Presidential Appointment as Administrator of General Services or a Presidential Designation as Acting Administrator

  This document addresses the issue of whether a commissioned military officer can retain his commission if appointed as Acting Administrator of General Services or subsequently appointed as Administrator. The conclusion reached is that a military officer cannot retain his commission if appointed as Acting Administrator of General Services, as it would terminate his military appointment. The document also discusses the interpretation of the term "officer of the Government" and concludes that a military officer without a statutory position in a military department is not eligible for designation as Acting Administrator. Additionally, it states that a military officer cannot be appointed as Administrator of General Services without forfeiting his commission. The questions presented for review include the eligibility of a military officer for these civil positions and the impact on their military appointment.

  4/10/1979

• 4/10/1979

  Whether Department of Justice Attorney-Hiring Procedures Give Effect to the Veterans Preference Act

  This document addresses the implementation of the Veterans Preference Act in the hiring procedures for attorneys within the Department of Justice. It concludes that the department's attorney-hiring practices fully take into account the preferences afforded to veterans. The document also discusses the historical context of attorney-hiring and veterans preference, highlighting the prohibition of a rating system for attorneys and the impact of this on veterans preference. Additionally, it examines the Department's present attorney-hiring procedures and concludes that they give full effect to the Veterans Preference Act. The document also raises the question of whether the Office of Personnel Management (OPM) can require the implementation of a numerical rating system for attorneys, which it concludes is prohibited by appropriation legislation.

  4/10/1979

• 4/6/1979

  Liability of United States for Independent Contractors Performing Advance Work in Connection With the Official Travel of the President and Vice President

  This document discusses the classification of advance personnel for the President or Vice President as federal employees under the Federal Tort Claims Act, despite being designated as independent contractors in their employment contracts. The conclusion reached is that these personnel should be considered employees under the Act, as they are hired and supervised by government employees and do not act independently. The document also recommends removing the term "independent" from the contract language and advises informing the advance personnel of their reporting responsibilities under the Federal Tort Claims Act. The questions presented for review include the effect of the contract language on the previous opinion, the classification of advance personnel as employees, and the reporting responsibilities of these personnel under the Act.

  4/6/1979

• 4/3/1979

  Whether the Immigration and Naturalization Service Is Obligated by the First Amendment to Give Amnesty International Access to Haitian Nationals Held in Detention Pending Deportation Proceedings

  This document is a memorandum discussing whether the Immigration and Naturalization Service (INS) is obligated by the First Amendment to provide Amnesty International with the names of Haitian nationals held in detention or to allow the organization to interview them for potential legal representation. The conclusion reached is that INS is not obliged to do either, as Amnesty International's rights are co-extensive with those of the public. The document presents questions about the extent of Amnesty International's First Amendment rights to solicit detainees and the INS's duty to protect the privacy of the detainees from in-person solicitation. It also raises the issue of whether a list of names of Haitian detainees would be withholdable under the Freedom of Information Act.

  4/3/1979

• 3/28/1979

  Title Claim of the Commissioner of Customs to Funds From Sale of Semiprecious and Synthetic Stones and Diamonds

  This document discusses a review of a decision made under the Trading with the Enemy Act regarding a claim filed by the Commissioner of Customs. The document concludes that the Commissioner of Customs is not entitled to file a claim under the Act, and therefore, the decision of the Director of the Office of Alien Property is overruled and the claim is denied. The document presents a detailed analysis of the legal and historical basis for this conclusion. The questions presented for review include whether the United States is considered a "person" under the Act and whether the United States is entitled to file a claim for return of property. The document also addresses the issue of taxes and the payment of debts due by the Imperial German Government.

  3/28/1979

• 3/21/1979

  Jurisdiction Over "Victimless" Crimes Committed by Non-Indians on Indian Reservations

  This document discusses the jurisdictional issues surrounding "victimless" crimes committed by non-Indians on Indian reservations. The conclusion reached is that, as a general rule, such offenders fall within the exclusive jurisdiction of State courts. However, a more limited class of crimes involving direct injury to Indian interests should be recognized as having Indian victims, and in such cases, Federal law enforcement officers may properly prosecute non-Indian offenders in the Federal courts. The document also presents the question of whether State authorities may legally charge a non-Indian offender with commission of an offense against State law, or whether Federal jurisdiction is exclusive. It suggests that a substantial case can be made for the proposition that the States are not ousted from jurisdiction with regard to offenses committed by non-Indian offenders that pose a direct and substantial threat to Indian victims.

  3/21/1979

• 3/16/1979

  Interception of Privileged Oral and Wire Communications During Hostage Situations

  This memo addressed whether investigators in a hostage situation could begin or continue electronic surveillance of a suspect when the suspect was engaged in privileged conversations. It concluded that the communications could be intercepted if obtained under a warrant, with the consent of the suspect’s “confidant,” or if there were truly exigent circumstances where delay would endanger the hostage. However, the opinion went on to explain that even lawfully-intercepted privileged communications, and evidence derived from those conversations, would likely be excluded from evidence in a criminal trial.

  9/2/2022