Opinions

Opinions

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Title Headnotes
Constitutionality of Proposed Legislation Limiting the Scope of the Fourth Amendment Exclusionary Rule in Federal Criminal Proceedings

Constitutional Law—Fourth Amendment Exclusionary Rule—Legislative Proposal

Application of State Law to CIA’s Proposed Administration of Polygraph Examinations to Its Contractors’ Employees (III)

Polygraph Tests—Central Intelligence Agency—Industrial Polygraph Program—Constitution—Supremacy Clause (Article VI, Clause 2)

Application of 10 U.S.C. § 7426 to Settlement of Dispute Between United States and Standard Oil Company Regarding Land Within Naval Petroleum Reserve

Naval Petroleum Reserves (10 U.S.C. § 7426)—Settlement of United States v. Standard Oil Co. of California (9th Cir. No. 78-1565)

The President’s Authority to Take Certain Actions Relating to Communications from Iran

The President has statutory and constitutional authority, subject to First Amendment limitations, to limit or embargo altogether video or audio communications from Iran which aggravate the present crisis, either unilaterally or in compliance with United Nations Security Council sanctions.

The First Amendment requires that any action taken to limit communications from Iran be narrowly tailored and sweep no more broadly than the underlying justification requires.  A restriction that severs all communications links with Iran would be subject to less exacting First Amendment scrutiny than a more limited restriction based in whole or in part on the contents of the communication.

 

Scope of Presidential Authority on Review of Civil Aeronautic Board’s Approval of Airline Merger and Related Awarding of Airline Route

Federal Aviation Act—Foreign Air Transportation—Scope of Presidential Authority on Review of Civil Aeronautic Board’s Approval of Airline Mergers (49 U.S.C. § 1461)

Authority of Water Resources Council to Adopt Standards and Criteria for Calculation of Primary Direct Navigation Benefits of Water Resources Project

Department of Transportation Act of 1966 (49 U.S.C. § 1656(a))—Water Resources Council—Calculation of Primary Direct Navigation Benefits of a Water Resources Project (§ 7(a) of the Act)

Discretion of Secretary of Commerce in Establishing Boundaries Between Adjoining Regional Fishery Management Councils Under the Fishery Conservation and Management Act

Fishery Conservation and Management Act (16 U.S.C. § 1801 et seq.)—Boundaries Between Adjoining Regional Fishery Management Councils

Authority of the Surgeon General to Direct the Public Health Service Not to Certify Arriving Homosexual Aliens as Possessing a “Mental Defect or Disease” Solely Because of Their Homosexuality

Immigration and Nationality Act (8 U.S.C. § 1182)—Immigration and Naturalization Service—Public Health Service—Homosexuality as Grounds for Exclusion

Employment of Temporary or Intermittent Investigators and Attorneys to Investigate and Assist in the Processing of Office Special Counsel Cases

Merit Systems Protection Board—Special Counsel—Employment of Temporary or Intermittent Attorneys and Investigators (31 U.S.C. § 686)

Power to Remove Court-Appointed U.S. Attorneys

U.S. Attorneys—Removal of Court-Appointed U.S. Attorney (28 U.S.C. §§ 541, 546)

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