Administrative Subpoena
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Administrative Subpoena
An administrative subpoena under U.S. law is a subpoena issued by a federal agency without prior judicial oversight. Critics say that administrative subpoena authority is a violation of the Fourth Amendment to the United States Constitution, while proponents say that it provides a valuable investigative tool. History Philip Hamburger argues historical antecedents for the modern-day administrative subpoena date back as far as the Star Chamber and the prerogative courts, which issued warrants and subpoenas that were not subject to significant procedural safeguards or the rule of law. Administrative subpoenas have most commonly been issued by the Offices of the Inspector General of various federal agencies. The Drug Enforcement Administration was granted administrative subpoena authority under the Comprehensive Drug Abuse Prevention and Control Act of 1970. In 1996 Congress expanded the authority to issue the subpoenas to the Federal Bureau of Investigation when investigating ...
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Subpoena
A subpoena (; also subpœna, supenna or subpena) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoenas: # ''subpoena ad testificandum'' orders a person to testify before the ordering authority or face punishment. The subpoena can also request the testimony to be given by phone or in person. # ''subpoena duces tecum'' orders a person or organization to bring physical evidence before the ordering authority or face punishment. This is often used for requests to mail copies of documents to requesting party or directly to court. Etymology The term ''subpoena'' is from the Middle English ''suppena'' and the Latin phrase ''sub poena'' meaning "under penalty". It is also spelled "subpena".See, e.g., ; ; ; and . The subpoena has its source in English common law and it is now used almost with universal application throughout the English co ...
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Health Insurance Portability And Accountability Act
The Health Insurance Portability and Accountability Act of 1996 (HIPAA or the Kennedy– Kassebaum Act) is a United States Act of Congress enacted by the 104th United States Congress and signed into law by President Bill Clinton on August 21, 1996. It modernized the flow of healthcare information, stipulates how personally identifiable information maintained by the healthcare and healthcare insurance industries should be protected from fraud and theft, and addressed some limitations on healthcare insurance coverage. It generally prohibits healthcare providers and healthcare businesses, called ''covered entities'', from disclosing protected information to anyone other than a patient and the patient's authorized representatives without their consent. With limited exceptions, it does not restrict patients from receiving information about themselves. It does not prohibit patients from voluntarily sharing their health information however they choose, nor does it require confidential ...
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Legal Documents
Legal instrument is a legal term of art that is used for any formally executed written document that can be formally attributed to its author, records and formally expresses a legally enforceable act, process, or contractual duty, obligation, or right, and therefore evidences that act, process, or agreement.''Barron's Law Dictionary'', s.v. "instrument". Examples include a certificate, deed, bond, contract, will, legislative act, notarial act, court writ or process, or any law passed by a competent legislative body in municipal (domestic) or international law. Many legal instruments were written ''under seal'' by affixing a wax or paper seal to the document in evidence of its legal execution and authenticity (which often removed the need for consideration in contract law). However, today many jurisdictions have done away with the requirement of documents being under seal in order to give them legal effect. Electronic legal documents With the onset of the Internet and electron ...
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Chicago
(''City in a Garden''); I Will , image_map = , map_caption = Interactive Map of Chicago , coordinates = , coordinates_footnotes = , subdivision_type = Country , subdivision_name = United States , subdivision_type1 = State , subdivision_type2 = Counties , subdivision_name1 = Illinois , subdivision_name2 = Cook and DuPage , established_title = Settled , established_date = , established_title2 = Incorporated (city) , established_date2 = , founder = Jean Baptiste Point du Sable , government_type = Mayor–council , governing_body = Chicago City Council , leader_title = Mayor , leader_name = Lori Lightfoot ( D) , leader_title1 = City Clerk , leader_name1 = Anna Valencia ( D) , unit_pref = Imperial , area_footnotes = , area_tot ...
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University Of Chicago Press
The University of Chicago Press is the largest and one of the oldest university presses in the United States. It is operated by the University of Chicago and publishes a wide variety of academic titles, including ''The Chicago Manual of Style'', numerous academic journals, and advanced monographs in the academic fields. One of its quasi-independent projects is the BiblioVault, a digital repository for scholarly books. The Press building is located just south of the Midway Plaisance on the University of Chicago campus. History The University of Chicago Press was founded in 1890, making it one of the oldest continuously operating university presses in the United States. Its first published book was Robert F. Harper's ''Assyrian and Babylonian Letters Belonging to the Kouyunjik Collections of the British Museum''. The book sold five copies during its first two years, but by 1900 the University of Chicago Press had published 127 books and pamphlets and 11 scholarly journals, includ ...
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National Security Letter
A national security letter (NSL) is an administrative subpoena issued by the United States government to gather information for national security purposes. NSLs do not require prior approval from a judge. The Stored Communications Act, Fair Credit Reporting Act, and Right to Financial Privacy Act authorize the United States government to seek such information that is "relevant" to authorized national security investigations. By law, NSLs can request only non-content information, for example, transactional records and phone numbers dialed, but never the content of telephone calls or e-mails.USA PATRIOT Improvement and Reauthorization Act of 2005: A Legal Analysis


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Equal Employment Opportunity Commission
The U.S. Equal Employment Opportunity Commission (EEOC) is a federal agency that was established via the Civil Rights Act of 1964 to administer and enforce civil rights laws against workplace discrimination. The EEOC investigates discrimination complaints based on an individual's race, color, national origin, religion, sex (including sexual orientation, pregnancy, and gender identity), age, disability, genetic information, and retaliation for participating in a discrimination complaint proceeding and/or opposing a discriminatory practice. The commission also mediates and settles thousands of discrimination complaints each year prior to their investigation. The EEOC is also empowered to file civil discrimination suits against employers on behalf of alleged victims and to adjudicate claims of discrimination brought against federal agencies. Since 2021, the chair of the EEOC is Charlotte Burrows. Process and enforcement Authority The EEOC has the authority to investigate and ...
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Standard Of Review
In law, the standard of review is the amount of deference given by one court (or some other appellate tribunal) in reviewing a decision of a lower court or tribunal. A low standard of review means that the decision under review will be varied or overturned if the reviewing court considers there is any error at all in the lower court's decision. A high standard of review means that deference is accorded to the decision under review, so that it will not be disturbed just because the reviewing court might have decided the matter differently; it will be varied only if the higher court considers the decision to have obvious error. The standard of review may be set by statute or precedent (stare decisis). In the United States, "standard of review" also has a separate meaning concerning the level of deference the judiciary gives to Congress when ruling on the constitutionality of legislation. United States In the United States, the term "standard of review" has several different meanings i ...
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Judicial Review In The United States
In the United States, judicial review is the legal power of a court to determine if a statute, treaty, or administrative regulation contradicts or violates the provisions of existing law, a State Constitution, or ultimately the United States Constitution. While the U.S. Constitution does not explicitly define the power of judicial review, the authority for judicial review in the United States has been inferred from the structure, provisions, and history of the Constitution. Two landmark decisions by the U.S. Supreme Court served to confirm the inferred constitutional authority for judicial review in the United States. In 1796, '' Hylton v. United States'' was the first case decided by the Supreme Court involving a direct challenge to the constitutionality of an act of Congress, the Carriage Act of 1794 which imposed a "carriage tax". The Court performed judicial review of the plaintiff's claim that the carriage tax was unconstitutional. After review, the Supreme Court decided ...
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United States District Court
The United States district courts are the trial courts of the United States federal judiciary, U.S. federal judiciary. There is one district court for each United States federal judicial district, federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district court has at least one courthouse, and many districts have more than one. District courts' decisions are appealed to the United States courts of appeals, U.S. court of appeals for the circuit in which they reside, except for certain specialized cases that are appealed to the United States Court of Appeals for the Federal Circuit, U.S. Court of Appeals for the Federal Circuit or directly to the Supreme Court of the United States, U.S. Supreme Court. District courts are courts of common law, law, Court of equity, equity, and Admiralty court, admiralty, and can hear both Civil law (common law), civil and Criminal law, criminal cases. But unlike U.S. state courts, federal dis ...
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Washington Legal Foundation
The Washington Legal Foundation (WLF) is a non-profit legal organization located at 2007-2009 Massachusetts Avenue NW, on Embassy Row in Washington, D.C. Founded in 1977, the Foundation's stated goal is "to defend and promote the principles of freedom and justice." The organization promotes pro-business and free-market positions and is widely perceived as conservative. WLF addresses a range of legal matters, including commercial free speech, corporate criminal liability, environmental regulation, food and drug law, health care, and intellectual property. WLF has three primary functions. It first functions as a public interest law firm that brings original lawsuits, files amicus briefs, intervenes in court cases, and petitions agencies for rulings. It also works as a legal think tank that publishes in seven different formats once every two weeks, and it is a non-profit communications company that hosts regular conferences, media briefings, and national educational advertising ca ...
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Patriot Act
The USA PATRIOT Act (commonly known as the Patriot Act) was a landmark Act of the United States Congress, signed into law by President George W. Bush. The formal name of the statute is the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001, and the commonly used short name is a contrived acronym that is embedded in the name set forth in the statute. The Patriot Act was enacted following the September 11 attacks and the 2001 anthrax attacks with the stated goal of tightening U.S. national security, particularly as it related to foreign terrorism. In general, the act included three main provisions: * expanded surveillance abilities of law enforcement, including by tapping domestic and international phones; * easier interagency communication to allow federal agencies to more effectively use all available resources in counterterrorism efforts; and * increased penalties for terrorism crimes and a ...
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