SCOPE OF EXEMPTION UNDER FEDERAL LOTTERY STATUTES
FOR LOTTERIES CONDUCTED BY A STATE
ACTING UNDER THE AUTHORITY OF STATE LAW
state-conducted-lotteries101608.pdf |
The statutory exemption for lotteries “conducted by a State” requires that the State exercise actual control over all significant business decisions made by the lottery enterprise and retain all but a de minimis share of the equity interest in the profits and losses of the business, as well as the rights to the trademarks and other unique intellectual property or essential assets of the State’s lottery.
It is permissible under the exemption for a State to contract with private firms to provide goods and services necessary to enable the State to conduct its lottery, including management services, as discussed in the opinion.
October 16, 2008 |
ENFORCEABILITY OF CERTAIN AGREEMENTS BETWEEN THE DEPARTMENT OF THE TREASURY AND GOVERNMENT SPONSORED ENTERPRISES
treasury-gse-ltr-opinion.pdf |
The Amended and Restated Senior Preferred Stock Purchase Agreements between the United States Department of the Treasury and the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation, according to their terms, would create rights enforceable through actions brought in the United States Court of Federal Claims in accordance with the ordinary rules and procedures governing litigation in that Court.
September 26, 2008 |
ADMISSIBILITY IN FEDERAL COURT OF ELECTRONIC COPIES OF PERSONNEL RECORDS
electronic-personnel-records.pdf |
Federal official personnel and civil service retirement records that have been converted from paper to electronic format should be admissible in evidence in federal court under the Business Records Act, 28 U.S.C. § 1732, and should also qualify as “public records” admissible under Rule 1005 of the Federal Rules of Evidence.
Electronic versions of particular personnel records which, pursuant to statute or regulation, must be notarized, certified, signed, or witnessed, may be authenticated under Rules 901 and 902 of the Federal Rules of Evidence. Converting such documents to electronic format should not affect their admissibility under hearsay rules.
May 30, 2008 |
AUTHORITY OF ENVIRONMENTAL PROTECTION AGENCY TO HOLD EMPLOYEES LIABLE FOR NEGLIGENT LOSS, DAMAGE, OR DESTRUCTION OF GOVERNMENT PERSONAL PROPERTY
epa-property-opinion052808.pdf |
The Environmental Protection Agency may hold its employees liable for the negligent loss, damage, or destruction of government personal property or for the unauthorized personal use of agency-issued cell phones.
May 28, 2008 |
PROMOTIONS OF THE JUDGE ADVOCATES GENERAL UNDER SECTION 543 OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2008
dod-op-re-tjags-041408.pdf |
Section 543 of the National Defense Authorization Act for Fiscal Year 2008 does not automatically advance incumbent Judge Advocates General to a three star general officer grade, but rather such promotion requires a separate appointment by the President, by and with the advice and consent of the Senate.
The incumbent Judge Advocates General may continue to serve out their full terms in their present two star grades, though the President may nominate them for promotion to the higher grade at any time, if he so chooses.
April 14, 2008 |
OFFICE OF GOVERNMENT ETHICS JURISDICTION OVER THE SMITHSONIAN INSTITUTION
smithsonian-op-022908.pdf |
The authority of the Office of Government Ethics to administer the Executive Branch ethics program under the Ethics in Government Act of 1978 and other statutes does not extend to the Smithsonian Institution or its personnel.
February 29, 2008 |
PAYMENT OF BACK WAGES TO ALIEN PHYSICIANS
HIRED UNDER H-1B VISA PROGRAM
payment-alien-physicians-h1b-visa.pdf |
The statute authorizing
the H-1B visa program does not waive the federal Government’s
sovereign immunity. Therefore, an administrative award
of back wages to alien physicians hired by the Department
of Veterans Affairs under the program is barred by sovereign
immunity.
February 11, 2008 |
CONSTITUTIONALITY OF DIRECT REPORTING REQUIREMENT IN SECTION 802(e)(1) OF THE IMPLEMENTING RECOMMENDATIONS
OF THE 9/11 COMMISSION ACT OF 2007
privacy-officer-report.pdf |
Section 802(e)(1) of the Implementing Recommendations of the 9/11 Commission Act of 2007 does not prohibit DHS or OMB officials from reviewing, in accordance with established Executive Branch review and clearance procedures, the DHS Chief Privacy Officer’s draft section 802 reports before the reports are transmitted to Congress.
Section 802(e)(1) is best interpreted not to prohibit DHS and OMB officials from commenting on a draft CPO report where the CPO is permitted to, and in fact does, transmit to Congress a final report that does not reflect the comments or amendments from such officials.
Section 802(e)(1)’s direct reporting requirement need not be enforced in circumstances where its application would require the CPO to ignore the results of the President’s review, through DHS and OMB, of a particular report. In such circumstances, the statute must yield to the President’s exercise of his constitutional authority to supervise subordinate Executive Branch officers and their communications with Congress.
January 29, 2008
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