Current Legal Topics and Research Reports

The Law Library of Congress is proud to present a new item on the United Kingdom general election. On April 6, 2010, Prime Minister Gordon Brown announced that a General Parliamentary Election would be held on May 6, 2010. Visit our site for an introduction to the election and information on eligibility to vote, registering to vote, how votes are received, multilingual ballots, oversight of elections, campaign financing, and a hung parliament. [Link] [Cache]

The Law Library of Congress presents this updated research guide on Law Day. Law Day is a national day to celebrate the rule of law and its contributions to the freedoms Americans enjoy. Also, in recognition of Law Day the Law Library of Congress will present a program titled "You Be the Judge: Cross-Cultural Issues in the Courts." The two-hour program will begin at noon on Monday, May 3, in the Mumford Room, of the Library's James Madison Building, 101 Independence Ave. S.E., Washington, D.C. For more information about our event, visit http://go.usa.gov/iQw. [Link] [Cache]

The Law Library of Congress is proud to present a new item focusing on the wearing of the full veil in France. On January 26, 2010, the President of the National Assembly published on the Assembly website the report prepared by the Parliamentary Commission to Study the Wearing of the Full Veil in France. [Link] [Cache]

The Law Library of Congress is proud to present a new article focusing on executive privilege. It is available in its entirety in PDF on our U.S. Constitution website. Louis Fisher, "Judicial Interpretations of Egan," November 13, 2009. The Supreme Court's decision in Department of the Navy v. Egan, 484 U.S. 518 1988 , is frequently cited to justify broad presidential powers over national security and classified documents. The ruling has caused confusion in the courts because initially the case began as one of statutory construction and was briefed with that understanding. However, when the decision was issued it added ... [Link] [Cache]

This report from the Law Library of Congress discusses programs for the education of school-age, non-native language speakers in England, European Union, France, Israel, and Japan. [Link] [Cache]

The Law Library of Congress is proud to present a new statement focusing on war powers. It is available in its entirety in PDF on our U.S. Constitution website. Statement by Louis Fisher, appearing before the House Committee on the Judiciary, "The Executive Accountability Act of 2009," July 27, 2009. H.R. 743 would apply criminal penalties to Presidents and executive officials who knowingly and willfully mislead Congress or the people of the United States for the purpose of gaining support for the use of U.S. armed forces. This testimony discusses the framers' intent on initiating war, previous examples beginning with ... [Link] [Cache]

This report from the Law Library of Congress examines campaign finance laws, including those governing the length of the campaign period, funding sources and disclosure requirements, restrictions on contributions and expenditures, and free speech implications of such restrictions, in Australia, France, Germany, Israel, and the United Kingdom. [Link] [Cache]

The Law Library of Congress is proud to present a new statement focusing on National Security Whistleblowers. The statement is available in its entirety in PDF on our new U.S. Constitution website. Statement by Louis Fisher, appearing before the House Committee on Oversight and Government Reform, "The Whistleblower Protection Enhancement Act of 2009," May 14, 2009. Congress has several times passed legislation to protect agency whistleblowers, enabling them to report to their agencies and to Congress instances of misconduct, illegality, waste, fraud, and abuse. For various reasons, agency employees who report on such operations are subject to reprisals and have ... [Link] [Cache]

May is Asian/Pacific American Heritage Month, a month to celebrate the contributions Asian/Pacific Americans have made to American history, society and culture. Visit our website to read more about Asian/Pacific American Heritage Month from the Law Library of Congress. [Link] [Cache]

May is Jewish American Heritage Month. It is a month to celebrate the contributions Jewish Americans have made to America since they first set foot in New Amsterdam in 1654. Visit our website to read more about Jewish American Heritage Month from the Law Library of Congress. [Link] [Cache]

The Abraham Lincoln historical collection of the Law Library of Congress vividly illustrates three periods in which the law played a prominent part of the Lincoln era: Lincoln the Lawyer, Habeas Corpus and the War Powers of the President, and The Assassination: Trials. Each era includes the full text of several items from the Rare Book Collection of the Law Library of Congress. Visit our website to view these newly digitized materials. [Link] [Cache]

This Law Library of Congress report contains information on: 2007 the year of problems, the general elections, impeachment, the election of a new president, and the presidential candidates. On October 12, 1999, General Pervez Musharraf staged a coup d'etat and became the Chief Executive of Pakistan. He then appointed himself President in 2001. In 2007, following his re-election as President and while the Pakistan Supreme Court was considering a petition on the constitutional validity of the election, he suspended the Constitution, dismissed the Supreme Court, and declared a State of Emergency. The Election Commission then confirmed his re-election. After being ... [Link] [Cache]

This report reviews legal aspects of Russia's invasion into Georgia in August 2008 and Russia's recognition of Georgia's separatist enclaves' independence. The report includes an analysis of relevant aspects of international law and Russian domestic law, as well as an evaluation of Russia's legal justification for its actions. The report also provides historic background of the conflict and commentaries on laws regarding the deployment of the Russian military abroad. This Law Library of Congress report contains information on: the historic background of the conflict, laws on the use of the Russian military abroad, legal grounds for the Russian military presence ... [Link] [Cache]

This report provides a basic overview of the laws regarding children's rights in a number of fields. The United Kingdom has a large number of laws protecting children and guaranteeing them basic rights - both for areas in which there is now an 'entitlement' such as education, as well as in areas in which they need rights to ensure protection, such as in the criminal justice system. Given the number and complexity of these laws this report provides a broad overview of legislation and common law as it applies to children's rights in England and Wales only. The Children's Rights: ... [Link] [Cache]

Protection of children's rights is a serious problem for Russia, particularly because of the worsening demographic situation and progressive involvement of youngsters in criminal and other underground activities. Several presidential programs, together with major pieces of legislation, address this issue, which is at the center of domestic public discussions; because of insufficient budget financing and restrictions on work of nongovernmental organizations, however, legislative declarations remain largely unimplemented. It is expected that the newly created institution of a Children's Rights Ombudsman and introduction of the long delayed juvenile justice system will improve the situation. This paper analyzes legislation that regulates the ... [Link] [Cache]

Nicaragua has issued many legislative enactments to comply with the international legal instruments to which it has subscribed. Chief among them are: the inclusion of the Convention on the Right of the Child as an express constitutional mandate; the promulgation of the Code of Childhood and Adolescence and the General Law on Education; extensive amendments to the Penal Code protecting minors; adoption of a new General Law on Health with its Program of Comprehensive Care for Women, Children, and Adolescents; and creation of a new Labor Code, raising the minimum working age and protecting young workers from being exploited. The ... [Link] [Cache]

As noted in the 2008 HBO mini-series chronicling the life and career of John Adams 1735-1826 , as a young lawyer the future president served as counsel for the defense in the trial of eight British soldiers accused of murder during a riot in Boston on March 5, 1770. William Wemms, James Hartegan, William McCauley, Hugh White, Matthew Killroy, William Warren, John Carrol, and Hugh Montgomery, soldiers in the English 29th regiment of foot, were accused of murdering Crispus Attucks, Samuel Gray, Samuel Maverick, James Caldwell, and Patrick Carr. The case was heard at the Superior Court of Judicature, Court ... [Link] [Cache]

Law Day is a national day to celebrate the rule of law and its contributions to the freedoms Americans enjoy. This guide provides commentary and recommended resources concerning Law Day. Visit our Web site to read more about Law Day from the Law Library of Congress. [Link] [Cache]

Louis Fisher, The Politics of Executive Privilege Durham: Carolina Academic Press, 2004 , 272 pp. Presidents and their advisers cite various legal principles when they withhold documents from Congress and refuse to allow executive officials to testify before congressional committees. Congress can marshal its own impressive list of legal citations to defend legislative access to information, even when Presidents assert executive privilege. These legal and constitutional principles, finely-honed as they might be, are often overridden by the politics of the moment and practical considerations. Efforts to discover enduring and enforceable norms in this area invariably fall short. This book individual ... [Link] [Cache]

China has ratified major international documents with regard to children's rights protection. China's domestic legislation also provides protection for a wide range of children's rights. The reality, however, is disputable. Few accurate statistics could be obtained directly from the official source. In practice, enforcement of the treaty obligations and the legislative declarations remains a huge problem. The Children's Rights: China report contains information on: the implementation of International Rights of the Child, child health and social welfare, education, child labor and exploitation, sale and trafficking of children, and juvenile justice. [Link] [Cache]

The Law Library of Congress has prepared a Legal Research Guide for Russia. The Russian Guide includes an introduction to the legal system, official sources of law, print resources, and web resources. [Link] [Cache]

Canada has ratified the Convention on the Rights of the Child and one of the two optional protocol to it while signing the other. Responsibility for implementation is split between the federal government and the provinces. Canada's ten provinces have nearly universal health insurance plans that cover virtually all children and maintain most social welfare agencies. Another provincial responsibility is education. Children receive tax-supported elementary and secondary education. Universities charge subsidized tuition. Minimum ages for employment are yet another provincial responsibility. On the federal level, there are many criminal laws designed to prevent child abuse. The number of related offenses ... [Link] [Cache]

The Constitution provides the principles to be followed for the protection of children and adolescents in Brazil. These principles, coupled with the numerous international treaties signed and several pieces of legislation enacted, offer a wide range of protection to children’s and adolescents’ rights. The Children's Rights: Brazil report contains information on: the implementation of International Rights of the Child, child health, child social welfare, education, child labor and exploitation, sale and trafficking of children, juvenile justice, and concluding remarks. [Link] [Cache]

Australia is a signatory to all significant treaties that impact on children’s rights. The rights and protection of children are governed by both Federal and state and territory law. Persons below the age of eighteen are generally considered children. Children may be able to give consent to medical procedures where they are either over a statutory age fourteen to sixteen depending on the jurisdiction , or, of sufficient maturity that they are able to comprehend the procedure and give informed consent. Children below the age of ten are unable to be charged with a criminal offense and children between the ... [Link] [Cache]

The long awaited national Law for the Integral Protection of Children and Adolescents was enacted in 2005 to implement the UN Convention on the Rights of the Child, ratified by Argentina in 1990. In addition to adopting comprehensive protective measures for children, it lays the groundwork for a juvenile justice system, calls for institutionalized children to be integrated back into society, and establishes mechanisms to protect children from abuse and exploitation. The Children's Rights: Argentina report contains information on: the implementation of International Rights of the Child, child health and social welfare, education, child labor and exploitation, sale and trafficking ... [Link] [Cache]