|2002-June-12||Authority of Federal Judges and Magistrates to Issue “No-Knock” Warrants|
Federal judges and magistrates may lawfully and constitutionallyissue “no-knock” warrants where circumstances justify a no-knock entry, and federal law enforcement officers may lawfully apply for such warrants under such circumstances
Although officers need not take affirmative steps to make an independent re-verification of the circumstances already recognized by a magistrate in issuing a no-knock warrant, such a warrant does not entitle officers to disregard reliable information clearly negating the existence of exigent circumstances when they actually receive such information before execution of the warrant.
|2002-June-12||Survey of the Law of Expatriation||Expatriating a U.S. citizen subject to the Citizenship Clause of the Fourteenth Amendment on the ground that, after reaching the age of 18, the person has obtained foreign citizenship or declared allegiance to a foreign state generally will not be possible absent substantial evidence, apart from the act itself, that the individual specifically intended to relinquish U.S. citizenship. An express statement of renunciation of U.S. citizenship would suffice.|
|2002-May-30||Applicability of Ineligibility Clause to Appointment of Congressman Tony P. Hall||The Ineligibility Clause of the Constitution would not bar the President from appointing Congressman Tony P. Hall as United States Representative to the United Nations Agencies for Food and Agriculture, with the rank of Ambassador.|
|2002-May-08||Application of Conflict-of-Interest Rules to Appointees Who Have Not Begun Service||Conflict-of-interest rules first apply when an appointee begins the duties of his office.|
|2002-April-19||Authority of the Chemical Safety and Hazard Investigation Board to Delegate Power|
|Although the Chemical Safety and Hazard Investigation Board may not name an “Acting Chairperson,” it may delegate administrative and executive authority to a single member while the position of chairperson is vacant.|
|2002-March-20||Centralizing Border Control Policy Under the Supervision of the Attorney General|
In general, the President may not transfer the functions of an agency statutorily created within one Cabinet department to another Cabinet department without an act of Congress.
The President may not delegate his presidential authority to supervise and control the executive departments to a particular member of the Cabinet where no statutory authority exists to do so.
The President may exercise his own power to establish a comprehensive border control policy for the federal Government and direct a single Cabinet member to lead and coordinate the efforts of all Cabinet agencies to implement that policy.
|2002-March-13||Role of Legal Guardians or Proxies in Naturalization Proceedings||Section 504 of the Rehabilitation Act requires the INS as a reasonable accommodation to permit a legal guardian or proxy to represent a mentally disabled applicant in naturalization proceedings.|
|2002-February-28||Application of 18 U.S.C. § 203 to Former Employee's Receipt of Attorney's Fees in Qui Tam Action||Title 18, section 203, U.S. Code, would not bar a former federal employee from sharing in attorney's fees in a qui tam action, provided that those fees, calculated under the lodestar formula, are prorated such that the former employee does not receive any fees attributable to his time in the government.|
|2002-February-07||Status of Taliban Forces Under Article 4 of the Third Geneva Convention of 1949||The President has reasonable factual grounds to determine that no members of the Taliban militia are entitled to prisoner of war status under Article 4 of the 1949 Geneva Convention (III) Relative to the Treatment of Prisoners of War.|
|2001-December-10||Assertion of Executive Privilege With Respect to Prosecutorial Documents||Executive privilege may properly be asserted in response to a congressional subpoena seeking prosecutorial decisionmaking documents of the Department of Justice.|