Thursday, September 28, 2017

Supreme Court October Term 2017: A Preview of Select Cases

"On October 2, 2017, the Supreme Court is to begin its new term. While the Court issued a number of notable decisions during its last full term, Court watchers have largely agreed that, at least compared to recent terms, the Court’s October 2016 term was diminished both with regard to volume and content. With the Court already accepting over 30 cases for its next term, many of which raise deep and difficult questions in various areas of law, the October 2017 Supreme Court term could be considerably different. The next Court term has the potential to be one of the most consequential in years.
A full discussion of every case that the Court will hear during the October 2017 term is beyond the scope of this report (indeed, the Court has to grant certiorari to the majority of cases that will likely make up its docket for the upcoming year). But Table 1 provides brief summaries of the cases the Court has already agreed to hear during the October 2017 term, and many of the cases on the Court’s docket are discussed in existing or forthcoming CRS products. The majority of this report highlights four notable cases of the new term that could impact the work of Congress: (1) Carpenter v. United States; (2) Christie v. National Collegiate Athletic Association (NCAA); (3) Gill v. Whitford; and (4) Masterpiece Cakeshop v. Colorado Civil Rights Commission..."
Suprme Court Oct. 2017 term

Tuesday, September 26, 2017

The Burden of Rabies

"Larn how to help prevent rabies, a deadly virus that threatens the health of people and animals.
Rabies is a dangerous virus that is spread through the saliva of animals sick with rabies. Anyone can get it if they handle or get bitten by an animal that has the disease.

Rabies in the U.S.

Rabies continues to be a serious threat to the health of people and animals. Every year, about 40,000 people receive a rabies prevention treatment called post-exposure prophylaxis (PEP) because they had contact with potentially rabid animal.
More than 90% of all rabid animals reported to CDC each year occur in wildlife. The animals that get rabies the most are raccoons, skunks, foxes, and bats. However, most people in the U.S. get PEP due to close contact with domestic animals such as cats or dogs..."
Rabies

Your Best Shot is the Flu Shot

"With fall approaching, it is a sure bet that cold and flu season will soon follow bringing the risk of flu illness. Some people will only be mildly sick or miserable for a few days, but for some, flu can be very serious and may even result in hospitalization or death. The CDC estimates the flu has caused between 140,000 and 710,000 hospitalizations and between 12,000 and 56,000 deaths annually in the United States since 2010. Some people are at higher risk of serious flu illness. What is the best way to protect yourself and your loved ones from flu? Get a flu shot!
Flu viruses infect the nose, throat, and lungs and can cause a wide range of complications. Sinus and ear infections are examples of moderate complications from flu. Pneumonia is a serious flu complication that can result from either flu virus infection alone or from co-infection of flu virus and bacteria. Other possible serious complications triggered by flu can include inflammation of the heart (myocarditis), brain (encephalitis) or muscle (myositis, rhabdomyolysis), and multi-organ failure (for example, respiratory and kidney failure). Flu virus infection can trigger an extreme inflammatory response in the body and can lead to sepsis, the body’s life-threatening response to infection. Over the past six flu seasons, the U.S. has experienced several flu seasons with high rates of hospitalization and severe disease..."
2017 Flu Season

Patent Law: A Primer and Overview of Emerging Issues

"In an increase over prior terms, the Supreme Court of the United States issued six opinions involving patent law during its October 2016 Term. These decisions addressed issues ranging from patent exhaustion, multicomponent products, and biosimilar patents to procedural issues like venue and the statute of limitations for infringement claims. The growing number of Supreme Court opinions involving patent law over the past decade may also speak to the rising importance of intellectual property more broadly; a reported 84% of the S&P 500 Market Value in 2015 is ascribed to intangible assets. With this increased attention on patent law, an understanding of patent law and the cases issued during the High Court’s recently concluded term will likely be of interest to Congress.

The patent law regime in the United States is grounded in the U.S. Constitution itself; article I, section 8, clause 8 of the Constitution provides: “The Congress Shall Have Power ... To promote the Progress of Science and useful Arts, by securing for limited Times to ... Inventors the exclusive Right to their respective ... Discoveries.” Nonetheless, the rights associated with patents do not arise automatically. Rather, to obtain patent protection, the Patent Act of 1952 requires inventors to apply with the U.S. Patent and Trademark Office (PTO)...:"
Patent law

Monday, September 25, 2017

Fact Sheet: The President’s Proclamation on Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats

"Background
  • Every year, the United States grants lawful permanent resident status to approximately 1.1 million individuals from all across the world.
  • In FY 2016, the United States issued approximately 10.4 million nonimmigrant visas to individuals from all across the world.
  • In FY 2016, U.S. Customs and Border Protection officers processed more than 390 million travelers at air, land, and sea ports of entry, including more than 119 million travelers at airports of entry.
  • Over the last five years, international travel has grown 15 percent overall and 26 percent at airports. International travel at U.S. airports of entry increased 6 percent from FY2015. Over the next five years, international travel is projected to increase at an annual rate of 4 percent.

National Security Baseline

  • The Administration’s top priority is ensuring the safety and security of the American people.
  • The Administration remains focused on raising the baseline for national security standards.
  • Section 2 of Executive Order 13780 requires the Administration to determine what minimum information is needed from each foreign country to adjudicate an application by a national of that country for an immigration benefit and determine that the individual is not a security or public safety threat.
  • The previous screening/vetting status quo for border and immigration security must be improved for individuals from certain countries, if the United States is to adequately counter terrorism and transnational crime threats against its people. 
  • The new requirements reflect best practices derived from proven and effective security partnerships, such as the Visa Waiver Program, and from internationally-recognized law enforcement and national security initiatives, such as the adoption of ePassports to prevent fraud and counterfeiting. 
  • These include electronic passports, the sharing of criminal data, reporting lost/stolen passports, and providing data on known and suspected terrorists.
  • Sharing of this information is particularly critical for those areas of the world where risk is higher, such as those countries with significant terrorist populations that may seek to conduct attacks in the U.S. and who repeatedly fail to take back their nationals subject to a final order of removal thereby taxing our immigration system..."
    Proclamation on enchancing vetting

Bill of Rights

"Criticized for the lack of protections against tyranny in the Constitution, the First Congress of the United States proposed 12 amendments to address those arguments on September 25, 1789. Articles 3 to 12, ratified December 15, 1791, by three-fourths of the state legislatures, constitute the first 10 amendments of the Constitution, known as the Bill of Rights..."
Bill of Rights

2016 Crime Statistics

"Violent crime increased for the second consecutive year, while property crime decreased for the 14th straight year, according to the FBI’s annual report on national crime statistics released today. There were an estimated 17,250 murders in the U.S. last year, an 8.6 percent increase from 2015.
Overall violent crime rose 4.1 percent last year, while property crime fell 1.3 percent compared to 2015 figures.
Crime in the United States, 2016 is a compilation of information reported to the FBI’s Uniform Crime Reporting (UCR) Program by more than 16,000 law enforcement agencies nationwid..."
FBI crime stats

Wednesday, September 20, 2017

Hispanic health: Preventing Type 2 Diabetes

"Government leaders and close-knit families. Olympic athletes and celebrated artists. This month we commemorate Hispanic and Latino culture, connection, and contributions.
During National Hispanic Heritage Month, September 15–October 15, we celebrate the culture of US residents who trace their roots to Spain, Mexico, and the Spanish-speaking nations of Central America, South America, and the Caribbean. And while recognizing their many contributions and achievements, let’s also acknowledge Hispanic and Latino people’s greater risk for type 2 diabetes and take action to prevent it.

Greater Diabetes Risk

Over their lifetimes, 40% of US adults are expected to develop type 2 diabetes. That number is even higher for Hispanic men and women—more than 50%.
  • Hispanic people are about 50% more likely to die from diabetes than whites.
  • More than 1 in 3 US adults have prediabetes (see below), and Hispanic people are at greater risk than non-Hispanics.
  • Diabetes is associated with serious health complications, including chronic kidney disease,[1.08 MB] or CKD. CKD can lead to kidney failure. A person with kidney failure will need regular dialysis (a treatment that filters the blood) or a kidney transplant to survive. Hispanics are about one and a half times more likely to develop kidney failure than non-Hispanics..."
    Hispanics and diabetes

Gynecologic Cancer Awareness

"All women are at risk for gynecologic cancers, and risk increases with age. You can lower your risk for some of these cancers.
Gynecologic cancers are cancers that start in a woman’s reproductive organs. The five main types are cervical, ovarian, uterine, vaginal, and vulvar cancer.Every year, more than 95,000 women in the United States are told they have a gynecologic cancer, and more than 30,000 women die from a gynecologic cancer.

Inside Knowledge: Get the Facts About Gynecologic Cancer Campaign

CDC’s Inside Knowledge: Get the Facts About Gynecologic Cancer campaign raises awareness about the five main types of gynecologic cancer. Inside Knowledgeprovides print materials, public service announcements (PSAs), and survivor stories in English and Spanish.

Symptoms

If you have vaginal bleeding that is unusual for you, see a doctor right away. If you notice any other unexplained signs or symptoms that last for two weeks or longer, talk to your doctor. When gynecologic cancers are found and treated early, treatment works best..."
Gynecologic cancer

Child passenger safety

"National Child Passenger Safety Week is September 17-23. Make sure the ones you love are safely buckled up in the car on every trip.

Reduce Their Risk

In the United States, motor vehicle crashes are a leading cause of death among children. In 2015 , 663 children ages 12 years and younger died in motor vehicle traffic crashes, and nearly 132,000 were injured. But parents and caregivers can make a lifesaving difference.

Whenever you’re on the road, make sure children are buckled in age- and size-appropriate car seats, booster seats, or seat belts. Children under age 13 should ride properly buckled in the back seat on every trip. Never place a rear-facing car seat in the front seat or in front of an airbag. Airbags can kill young children riding in the front seat..."

Child passengers

Domestic Terrorism: an Overview

"The emphasis of counterterrorism policy in the United States since Al Qaeda’s attacks of September 11, 2001 (9/11) has been on jihadist terrorism. However, in the last decade, domestic terrorists—people who commit crimes within the homeland and draw inspiration from U.S.-based extremist ideologies and movements—have killed American citizens and damaged property across the country. Not all of these criminals have been prosecuted under federal terrorism statutes, which does not imply that domestic terrorists are taken any less seriously than other terrorists.

The Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI) do not officially designate domestic terrorist organizations, but they have openly delineated domestic terrorist “threats.” These include individuals who commit crimes in the name of ideologies supporting animal rights, environmental rights, anarchism, white supremacy, anti-government ideals, black separatism, and beliefs about abortion..."
Domestic terrorism

An Analysis of Corporate Inversions.

"Summary U.S. multinational corporations—businesses incorporated and operating in the United States that also maintain operations in other countries—can use a variety of strategies to change how and where their income is taxed. One such strategy is a corporate inversion, which can result in a significant reduction in worldwide tax payments for a company. U.S. companies have engaged in corporate inversions since 1983, and public and government attention to them has varied over the years. Concern grew most recently in 2014 because the group of corporations that announced plans to invert that year included some that were very large: Their combined assets were $319 billion, more than the combined assets of all of the corporations that had inverted over the previous 30 years.

What Is a Corporate Inversion?
A corporate inversion occurs when a U.S. multinational corporation completes a merger that results in its being treated as a foreign corporation in the U.S. tax system, even though the shareholders of the original U.S. company retain more than 50 percent of the new combined company..."
Corporate Inversions

An App to Answer Your Questions about the Constitution

"Two years ago, in honor of Constitution Day—celebrated annually on September 17—I wrote a post about the publication “Constitution of the United States: Analysis and Interpretation,” also referred to as the “Constitution Annotated.” Along with the U.S. Code, it is one of my favorite work resources.
Unfortunately, it is a behemoth of a work—it takes two hands to hold the volume, which weighs a good 10 pounds. Fortunately, the text is also available online through Congress.gov and through the U.S. Government Publishing Office, whose digital system includes both the most recent edition (2016) as well as historic editions back to 1992.
But given my penchant for bringing work topics into social situations, even the online version is not very practical. I cannot, very easily, fire up the computer during a conversation at a dinner or cocktail party. However, fortunately for me, there is an app for the “Constitution Annotated.” It debuted in 2013, when Congress.gov was still in beta, and has since been updated..."
Constitution of the U.S. App

Tuesday, September 19, 2017

Congressional Consideration of Resolutions to "Censure" Executive Branch Officials


"Over the history of the federal Congress, Members have proposed resolutions to formally express the House or Senate's censure, disapproval, loss of confidence, or condemnation of the President or other executive branch official or their actions. This Insight summarizes the parliamentary procedures the House and Senate might use to consider a resolution to censure or condemn an executive branch official and provides links to additional reading material on the subject.

Two Types of "Censure" Resolutions

An important distinction should be made between two types of "censure" resolutions: (1) resolutions expressing the sense of the House or Senate that the behavior or actions of an executive branch official should be condemned or censured and (2) resolutions that censure a Member of Congress for "disorderly behavior," including ethical violations. Resolutions that censure officials of the executive branch for abuse of power or inappropriate behavior, including ethical violations, are usually simple resolutions of the House or Senate. Such resolutions, however, are distinct in an important way from the simple resolutions by which either chamber may censure one of its own Members, even though the reasons for censure may be similar. Article I, Section 5, of the Constitution grants each chamber the power to discipline its own members, and resolutions censuring a Senator or Representative are based on this power. Resolutions censuring an official of another branch, on the other hand, are merely expressions of the sense of the House or the Senate about the conduct of an individual over whom Congress has no disciplinary authority (except through impeachment). Consequently, both Houses treat these two types of "censure" resolutions very differently in a parliamentary sense. Resolutions of either type, however, have been rare.."
Congressional censure of Executive Branch

Household Food Security in the United States in 2016

"An estimated 87.7 percent of American households were food secure throughout the entire year in 2016, meaning they had access at all times to enough food for an active, healthy life for all household members. The remaining households (12.3 percent) were food insecure at least some time during the year, including 4.9 percent with very low food security, meaning that at times the food intake of one or more household members was reduced and their eating patterns were disrupted because the household lacked money and other resources for obtaining food. Changes from 2015 to 2016 in food insecurity overall (from 12.7 to 12.3 percent) and in very low food security (from 5.0 to 4.9 percent) were not statistically significant, but they continued a downward trend in food insecurity from a high of 14.9 percent in 2011. Among children, changes from 2015 in food insecurity and very low food security were also not statistically significant. Children and adults were food insecure in 8.0 percent of households with children in 2016, essentially unchanged from 7.8 percent in 2015. Very low food security among children was 0.8 percent in 2016, essentially unchanged from 0.7 percent in 2015. In 2016, the typical food-secure household spent 29 percent more on food than the typical food-insecure household of the same size and household composition. About 59 percent of food-insecure households participated in one or more of the three largest Federal food and nutrition assistance programs during the month prior to the 2016 survey (food stamps (SNAP); Special Supplemental Nutrition Program for Women, Infants, and Children (WIC); and the National School Lunch Program)..."
Food security