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tion records belong to the financial institution but FDIC-prepared supervisory records are the property of the FDIC. Te FDIC recognized that directors and officers need access to finan- cial institution records to carry out their official duties and operate the financial institution as a going concern. However, copying and removing financial institution and supervisory records in anticipation of an institution’s failure violates ap- plicable federal statutes and FDIC regulations.

Mothballed rule-making

Te National Labor Relations Board (Board) rarely uses rule-making to make policy. Instead, the Board issues decisions on charges brought under the National Labor Relations Act (NLRA). Te decisions become precedent, thereby al- lowing employers and employees to know their respective rights and responsibilities.

In a controversial move, the Board issued a new rule for union elections originally to become effective on April 30, 2012. Under the “quickie election” rule, employers presented with election petitions would face elections more quickly and would have far fewer opportunities to challenge problems with the election process. Te rule would be a major advantage to union organiza- tion efforts. Te Board justified the rule as an effort “to eliminate unnecessary litigation, delay, and duplicative regulations.”

On May 14, 2012, the federal District Court for the District of Columbia struck down the rule because the Board did not have a quorum (at least three of five authorized members) when voting on the final rule.

Te Board also used rule-making to mandate that employers post a notice of employee rights in their workplaces. On April 17, 2012, the D.C. Circuit enjoined enforcement of the required notice posting.

Disregard of law

The Dream Act Senator Hatch proposed Te Dream Act to provide conditional permanent residency to certain undocumented residents of good moral


character who graduated from U.S. high schools, arrived in the United States as minors, and lived in the country continuously for at least five years prior to the bill’s enactment. Te bill failed for lack of bi-partisan support.

On June 15, 2012, Secretary of Homeland Secu- rity Janet Napolitano simply announced a new immigration policy to extend work authorization to certain young people brought to the United States as children but without authorization to remain in the United States (“DREAMers”). To qualify as a DREAMer, an individual must have entered the U.S. before age 16 and be less than 30 years old;

1. Been present in the U.S. for five years as of June 15, 2012;

2. Maintained continuous residence in the United States;

3. Not been convicted of one serious crime or multiple minor crimes; and

4. Graduated from high school, obtained a GED, enlisted in the military, or currently be enrolled in school.

Defense of Marriage Act (DOMA) In 1996, President Clinton signed Te Defense of Marriage Act (DOMA), a federal law that defines marriage as the legal union of one man and one woman for federal and inter-state recognition purposes in the United States. Te law passed both houses of Congress by large majorities and was signed into law by President Bill Clinton on September 21, 1996. Under the law, no U.S. state or political subdivision is required to recognize a same-sex marriage from another state. Section 3 of DOMA codifies the non-recognition of same- sex marriages for all federal purposes, including insurance benefits for government employees, Social Security survivors’ benefits, and the filing of joint tax returns.

Te Administration has elected not to enforce DOMA. Aſter taking this position, the 1st Cir- cuit Court of Appeals declared DOMA unconsti- tutional but stayed its decision pending antici- pated resolution of the issue by the Supreme Court.

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