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Opinions by Date and Title
Date Sorted DescendingTitleHeadnotes
2006
2006-January-11Financial Interests of Nonprofit Organizations
(Posted 2006-January-11)
Under 18 U.S.C. § 208, a nonprofit organization does not have a “financial interest” in a particular matter solely by virtue of the fact that the organization spends money to advocate a position on the policy at issue in the matter.
2005
2005-November-23Application of 18 U.S.C. 1913 to “Grass Roots” Lobbying by Union Representatives
(Posted 2007-November-06)
Under 18 U.S.C. 1913, federal employees who are union representatives may not use official time to engage in “grass roots” lobbying in which, on behalf of their unions, they ask members of the public to communicate with government officials in support of, or opposition to, legislation or other measures.
2005-September-23Waiver of Sovereign Immunity With Respect to Whistleblower Provisions of Environmental Statutes
(Posted 2008-April-24)
The federal Government's sovereign immunity has been waived with respect to the whistleblower provisions of the Solid Waste Disposal Act and the Clean Air Act, but not with respect to the whistleblower provision of the Clean Water Act.
2005-September-20Appointments to the Board of the Legal Services Corporation
(Posted 2008-March-14)
The President has authority to appoint a member of the Board of the Legal Services Corporation who has been confirmed after his or her statutory term of office has expired, where the holdover provision of the statute allows a member to serve until a successor is appointed.
2005-September-13Application of 18 U.S.C. § 207(c) to Proposed Communications Between Retired Navy Flag Officer and Marine Corps Commanders in Iraq Regarding Security Issues
(Posted 2009-January-16)
It appears that 18 U.S.C. § 207(c) would forbid at least some of the proposed communications between a retired Navy flag officer and Marine Corps commanders regarding the security situation in Iraq.
2005-August-12Proposed Amendments to Military Commission Order No. 1
(Posted 2006-May-09)
Certain proposed amendments to the Secretary of Defense’s Military Commission Order No. 1 are consistent with the President’s Military Order of November 12, 2001. 
2005-August-10Authority Under the Defense Base Closure and Realignment Act to Close or Realign National Guard Installations Without the Consent of State GovernorsThe federal Government has authority under the Defense Base Closure and Realignment Act of 1990, as amended, to close or realign a National Guard installation without the consent of the governor of the State in which the installation is located.
2005-July-28Assignment of Certain Functions Related to Military Appointments
(Posted 2007-January-03)
Section 531(a)(1) of title 10 does not affirmatively prohibit delegation to the Secretary of Defense of the President's appointment authority.
The Appointments Clause of the Constitution does not prohibit Congress from allowing the President to choose between making such an appointment himself and delegating it to the Secretary of Defense.
So long as each nomination is submitted to the Secretary of Defense for approval (whether individually or in groups) and each appointment is made in the name of the Secretary of Defense (whether the document evidencing the appointment be signed by the Secretary or an authorized subordinate officer), the Constitution would permit functions related to the appointment process to be delegated to a subordinate officer below the Secretary of Defense.
2005-July-22Whether Conflict of Interest Laws Apply to a Person Assisting a Supreme Court Nominee
(Posted 2008-March-14)
On the facts described, a person whom a judicial nominee asks to assist him in connection with the nomination would not be an “officer” or “employee” and therefore the federal conflict of interest laws would not apply to him.
2005-July-07Whether the President May Sign a Bill by Directing That His Signature Be Affixed to It
(Posted 2006-December-05)
The President may sign a bill within the meaning of Article I, Section 7 by directing a subordinate to affix the President's signature to such a bill, for example by autopen.

Updated: April 2014