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1994-March-01

Applicability of Emoluments Clause to Employment of Government Employees by Foreign Public Universities

The Emoluments Clause of the Constitution does not apply in the cases of government employees offered faculty employment by a foreign public university where it can be shown that the university acts independently of the foreign state when making faculty employment decisions.

1987-July-30

Applicability of Emoluments Clause to Proposed Service of Government Employee on Commission of International Historians

A government employee’s proposed service as a member of a commission of international historians established under the auspices of the Austrian government would violate the Emoluments Clause of the Constitution, U.S. Const, art. I, § 9, cl. 8.

1993-December-09

Applicability of Executive Order No. 12674 to Personnel of Regional Fishery Management Councils

The appointed members of Regional Fishery Management Councils established under the Magnuson Fishery Conservation and Management Act and other personnel of those Councils are not executive branch employees for purposes of Executive Order No. 12674 and its implementing regulations, and thus are not subject to that Order.

1997-April-22

Applicability of Executive Order No. 12976 to the FDIC

Neither the Federal Deposit Insurance Corporation’s broad discretion to determine the compensation of its employees nor its status as an independent agency exempts the FDIC from the requirements of Executive Order No. 12976.

1996-September-11

Applicability of Executive Privilege to Deliberations Regarding Assertion of Privilege

Documents reflecting and constituting deliberative communications within the White House Counsel’s Office and between that Office and the Department of Justice relating to advice and recommendations to the President on the assertion of executive privilege are themselves a proper subject of a claim of executive privilege.

1957-November-05

Applicability of Executive Privilege to Independent Regulatory Agencies

A case cannot be made for absolute exclusion of the so-called independent regulatory agencies from the doctrine of executive privilege.

Although free from executive control in the exercise of quasi-legislative and quasi-judicial functions, independent regulatory agencies frequently exercise important functions executive in nature.

As to the latter functions, the doctrine of executive privilege is as much applicable to regulatory commissions as to the executive departments and officers of the government.

1986-December-22

Applicability of Executive Privilege to the Recommendations of Independent Agencies Regarding Presidential Approval or Veto of Legislation

In making recommendations to the President to approve or disapprove legislation, an independent agency functions as part of the President’s core of executive advisers.

When independent agencies render advice to the President concerning his approval or disapproval of legislation, they are acting in an executive capacity, and such advice can be protected under the doctrine of executive privilege.

1979-August-10

Applicability of Federal Advisory Committee Act and Federal Conflict of Interest Laws to United States-Japan Consultative Group on Economic Relations

Federal Advisory Committee Act (5 U.S.C. App. I)—United States-Japan Consultative Group on Economic Relations

2000-September-18

Applicability of Government Corporation Control Act to “Gain Sharing Benefit” Agreement

The Government Corporation Control Act does not require the National Aeronautics and Space Administration to obtain legislative authorization before entering into a “gain sharing benefit” agreement with a private corporation that grants NASA deferred cash payments based on an increase in the value of the corporation’s common stock.

1977-May-31

Applicability of Hatch Act to Service by United States Attorney and Assistants as Delegates to the Virgin Islands Constitutional Convention

United States Attorney, Virgin Islands—Hatch Act Applicability


Updated: April 2014