Opinions

Opinions

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Title Headnotes
Authority to Advance Funds to Cuban Detainees to Purchase Commissary Items

The Director of the Bureau of Prisons has the authority under 18 U.S.C. § 4042 to direct that money from general prison operating funds be advanced to indigent Cuban detainees as a credit to their commissary accounts.

Constitutionality of Seizing the Passports of Individuals Found to Be Importing Controlled Substances Into the United States

A Customs Service directive to seize as evidence of a federal crime the passports of individuals found to be importing controlled substances into the United States would not implicate the Fourth or Fifth Amendments to the United States Constitution, nor give rise to any valid constitutional claims of denial of due process or deprivation of freedom to travel.

Statute Limiting the President’s Authority to Supervise the Director of the Centers for Disease Control in the Distribution of an AIDS Pamphlet

Statutory provision requiring the Director o f the Centers for Disease Control to distribute an AIDS information pamphlet to the public “without necessary clearance of the content by any official, organization or office” violates the separation of powers by unconstitutionally infringing upon the President’s authority to supervise the executive branch.

Constitutionality of Amended Version of the Indian Land Consolidation Act

As amended, the Indian Land Consolidation Act should survive a constitutional challenge under the Takings Clause of the Fifth Amendment because it does not completely abolish both descent and devise of Indian trust lands.

Consistent with the Due Process Clause, the amended Act may be applied only to those allottees given a “reasonable opportunity” to arrange their affairs to avoid escheat.

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