|2005-September-23||Waiver of Sovereign Immunity With Respect to Whistleblower Provisions of Environmental Statutes|
|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-20||Appointments to the Board of the Legal Services Corporation|
|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-13||Application of 18 U.S.C. § 207(c) to Proposed Communications Between Retired Navy Flag Officer and Marine Corps Commanders in Iraq Regarding Security Issues|
|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-12||Proposed Amendments to Military Commission Order No. 1|
|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-10||Authority Under the Defense Base Closure and Realignment Act to Close or Realign National Guard Installations Without the Consent of State Governors||The 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-28||Assignment of Certain Functions Related to Military Appointments|
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-22||Whether Conflict of Interest Laws Apply to a Person Assisting a Supreme Court Nominee|
|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-07||Whether the President May Sign a Bill by Directing That His Signature Be Affixed to It|
|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.|
|2005-June-01||Scope of Criminal Enforcement Under 42 U.S.C. § 1320d-6||Covered entities and those persons rendered accountable by general principles of corporate criminal liability may be prosecuted directly under 42 U.S.C. § 1320d-6, and the knowingly element of the offense set forth in that provision requires only proof of knowledge of the facts that constitute the offense.|
|2005-March-09||Application of the Emoluments Clause to a Member of the President's Council on Bioethics||A member of the President's Council on Bioethics does not hold an “Office of Profit or Trust” within the meaning of the Emoluments Clause of the Constitution.|