Showing 851–860 of 2214

• 11/4/1988

  Acceptance of Gifts and Awards by the Attorney General

  This memo provides general guidance on the applicable limits and regulations affecting the acceptance of gifts and awards by the attorney general, including statutory and departmental regulations, financial disclosure procedure, and foreign gifts rules. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at https://justice.gov/olc/page/file/936186/download.

  11/4/1988

• 10/17/1988

  Constitutional Concerns Implicated by Demand for Presidential Evidence in a Criminal Prosecution

  This document discusses the constitutional concerns related to the demand for presidential evidence in a criminal trial, specifically in the case of Oliver North. It addresses questions about whether a President can be required to provide evidence, testify in person at a trial, or provide evidence through other means. The document also delves into the applicability and availability of executive privilege in the context of a criminal trial, as well as the issue of waiver of executive privilege. The conclusions reached in the document are that a sitting President may be required to provide evidence for a criminal trial, but not necessarily testify in person. The assertion of executive privilege may defeat the prosecution, depending on the relevance of the evidence to the defense. Additionally, the document concludes that executive privilege cannot be waived, and the proper inquiry is whether the material remains confidential at the time the privilege is sought to be asserted. The questions presented for review include the requirements for presidential testimony in a criminal trial and the applicability of executive privilege.

  9/2/2022

• 10/4/1988

  Legal Issues Raised by Proposed Presidential Proclamation to Extend the Territorial Sea

  The President has the authority to issue a proclamation extending the jurisdiction of the United States over the territorial sea from three to twelve miles out. The President also has the authority to assert the United States's sovereignty over the extended territorial sea, although most such claims in the nation's history have been executed by treaty. There is a serious question whether Congress has the authority either to assert jurisdiction over an expanded territorial sea for purposes o f international law or to assert the United States's sovereignty over it. The domestic law effect on federal statutes of the extension of the territorial sea is to be determined by examining Congress's intent in enacting each affected statute. The extension of the territorial sea will not affect the Coastal Zone Management Act. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/24141/download.

  10/4/1988

• 9/30/1988

  Reimbursement of the Internal Revenue Service for Investigative Services Provided to the Independent Counsel

  To the extent that Internal Revenue Service agents detailed to an independent counsel perform work that is related to the type of work for which the IRS receives its appropriations, the detail falls within an exception to the general rule against non-reimbursable details. Reimbursement by the independent counsel is appropriate for work performed by the detailed agents that is not IRS-related. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/24136/download.

  9/30/1988

• 9/27/1988

  Application of Section 504 of the Rehabilitation Act to HIV-Infected Individuals

  In the non-employment context, section 504 of the Rehabilitation Act protects symptomatic and asymptomatic HIV-infected individuals against discrimination in any covered program or activity on the basis of any actual, past or perceived effect of HIV that substantially limits any major life activity—so long as the HIV-infected individual is "otherwise qualified" to participate in the program or activity. Section 504 applies in substance in the same way in the employment context. Subject to an employer making reasonable accommodation within the terms of its existing personnel policies, the symptomatic or asymptomatic HIV-infected individual is protected against discrimination if he or she is able to perform the duties of the job and does not constitute a direct threat to the health or safety of others. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/24131/download.

  9/27/1988

• 9/19/1988

  Whether a Federal Prisoner Worker is an "Employee" Within the Meaning of Certain Federal Statutes

  A federal prisoner worker is not an "employee" within the meaning of section 23 of the Toxic Substances Control Act, section 312 of the Clean Air Act Amendments of 1977, or section 3 of the Occupational Safety and Health Act of 1970. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/24126/download.

  9/19/1988

• 9/19/1988

  FDA Authority to Preempt California Proposition 65

  The document discusses the authority of the Food and Drug Administration (FDA) to preempt California Proposition 65 (Prop 65). It concludes that the FDA has the authority to preempt Prop 65, but only if California's implementation presents a direct conflict with federal authority. The document presents three bases for preemption: express preemption, implied preemption, and conflict preemption. It also suggests that the FDA should consider initiating a rulemaking proceeding to further develop the factual record concerning California's implementation of Prop 65. The questions presented for review include whether California enforces conflicting warning requirements and whether such requirements stand as an obstacle to the accomplishment of the full purposes of FDA regulations.

  9/2/2022

• 9/14/1988

  Department of Housing and Urban Development Restrictions on Grants to Religious Organizations That Provide Secular Social Services

  The Establishment Clause of the Constitution does not require the Department of Housing and Urban Development to deny grants to religious organizations that engage in religion-based employment discrimination or to deny grants for rehabilitation, reconstruction, or construction of facilities that are owned by religious organizations. Department of Housing and Urban Development prohibition on use of grant funds for religious counseling or use of grant funds to provide services in a facility in which sectarian or religious symbols are displayed is not more restrictive than the Establishment Clause requires. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/24121/download.

  9/14/1988

• 9/13/1988

  Detail of Law Enforcement Agents to Congressional Committees

  Details of Department of Justice law enforcement agents to congressional committees are statutorily authorized provided the details are made on a reimbursable basis. Such details do not violate the constitutional principles of separation of powers as long as the details are advisory in nature, involve functions not required by the Constitution to be performed by an "officer" of the United States, and when there are particularly compelling policy reasons for the assignment that outweigh any separation of powers concerns. Due to the substantial policy and ethical concerns such details raise, the Department should consider a reimbursable detail only after a careful examination of the functions to be performed and consideration of the conflicts likely to arise. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/24116/download.

  9/13/1988

• 9/13/1988

  GAO Access to Trade Secret Information

  Section 301(j) of the Food, Drug, and Cosmetic Act of 1938 prohibits the Food and Drug Administration from providing the General Accounting Office with access to trade secret information submitted by drug manufacturers to the FDA. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/24111/download.

  9/13/1988