A&M. TEXARKANA may provide a photographer, and all negatives and prints will remain the property of A&M-TEXARKANA with the condition that they will not be used for commercial gain or any other purpose other than A&M-TEXARKANA promotional materials.
A&M. Ins. Ass'n x. Xxxxxxxxx, 000 X.X. 000, 415, 123 S.Ct. 2374, 156 L.Ed.2d 376 (2003) (“[O]ur cases have recognized that the President has authority to make ‘executive agreements' with other countries, requiring no ratification by the Senate or approval by Congress, this power having been exercised since the early years of the Republic.”); Youngstown, 343 U.S. at 610, 72 S.Ct. 863 (President has “vast share of responsibility for the conduct of our foreign relations”) (Xxxxxxxxxxx, J., concurring); Xxxxxxx x. Xxxxxxxxxxx, 000 X.X. 000, 789, 70 S.Ct. 936, 94
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A&M. Jewish Committee Amicus Br. at 9–10 (Washington considered removing diplomatic authority of France's minister and instructed Xxxxxx Xxxxxxxxx to draft message stating he intended to remove Xxxxx's diplomatic authority unless either house objected). None of them acknowledge either expressly or by implication that the recognition power was one shared, under the Constitution, with the Congress. We are also unpersuaded by xxxxxx's citation to Secretary of State Xxxxx Xxxxxxxx'x observation that “recognition is usually effected, either by a nomination to, and confirmation by the Senate of a Diplomatic or Consular agent to the new Government, or by an act of Congress.” 1 XXXXX'X INT'L L. DIGEST § 75, at 245–46. *211 Supreme Court Precedent [13][14] It is undisputed that “in the foreign affairs arena, the President has ‘a degree of discretion and freedom from statutory restriction which would not be admissible were domestic affairs alone involved.’ ” Xxxxxxx x. City of New York, 000 X.X. 000, 445, 118 S.Ct. 2091, 141 L.Ed.2d 393 (1998) (quoting United States x. Xxxxxxx–Xxxxxx Export Corp., 000 X.X. 000, 320, 57 S.Ct. 216, 81 L.Ed. 255 (1936)). While the President's foreign affairs powers are not precisely defined, Youngstown Sheet & Tube Co. x. Xxxxxx, 000 X.X. 000, 634–35, 00 X.Xx. 000, 96 L.Ed. 1153 (1952) (Xxxxxxx, J.,
A&M. Target Adver., Inc. x. Xxxxx, 199 F.3d 1241, 0000 (00xx Xxx.0000); Xxxxxx Xxxxxx x. Xxx, 968 F.2d 86, 88 (D.C.Cir.1992) (‘‘Whether the regu- lation meets the ‘narrowly tailored’ re- quirement is of course a question of lawTTTT’’). [5] Beyond its resolution of these as- pects of the RFRA test, the district court offered a number of observations about the unsatisfactory functioning of the regu- latory scheme, such as the ‘‘biased and protracted nature of the process,’’ the gov- ernment’s ‘‘callous indifference’’ to the Northern Arapaho’s needs, and the ‘‘futili- ty [of] the application process.’’ Gov’t App. 190, 195. In the ordinary case, it is possible that these conclusions would be characterized as factual. Although the Federal Rules of Criminal Procedure con- tain no provision like Federal Rule of Civil Procedure 52(a), judge-found facts in crim- inal cases (unrelated to guilt) are generally reviewable only for clear error. See Maine x. Xxxxxx, 000 X.X. 000, 145, 106 S.Ct. 2440, 91 L.Ed.2d 110 (1986) (a xxxxx- al criminal appeal, despite its caption); Xxxxxxx, 297 F.3d at 1120 (citing United States x. Xxxxxxxxx, 273 F.3d 1284, 1287 (10th Cir.2001)).
A&M. Prof’l Soc’y on the Abuse of Children. Practice Guide. xxxx://xxx.xxxxx.xxx/practice-guidelines; CornerHouse. Basic Forensic Interview Training. xxxx://xxx.xxxxxxxxxxxxx.xxx/forensicinterview.html; Nat’l Children’s Advocacy Ctr. Forensic Interviewing of Children Training. xxxx://xxx.xxxxxxxxxxx.xxx/events/bfi- training.html; NICHD Protocol. International Evidence-Based Investigative Interviewing of Children, available at xxxx://xxxxxxxxxxxxx.xxx/. Accessed February 24, 2014. 37 18 U.S.C. § 3771 (2013). 00 00 X.X.X. § 00000 (2013). by the court, may assume the crime victim’s rights under this chapter, but in no event shall the defendant be named as such guardian or representative” (i.e., in cases where the perpetrator/defendant is the child’s caregiver).39 At least one court found that rights under the CRVA extended to victims in cases involving the distribution of child pornography, on the basis that distribution of the images exacerbates the harm caused by the creation of the images.40 The VRRA defines a victim as “a person that has suffered direct physical, emotional, or pecuniary harm as a result of the commission of a crime, including…in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, one of the following (in order of preference): (i) a spouse; (ii) a legal guardian; (iii) a parent; (iv) a child; (v) a sibling; (vi) another family member; or (vii) another person designated by the court.”41 Implementation of these and other statutory rights for federal crime victims is addressed through the Attorney General’s Guidelines on Victim and Witness Assistance (AG Guidelines).42 The AG Guidelines apply to all Department of Justice employees involved in the investigative, prosecutorial, correctional, and parole components in the treatment of victims of and witnesses to crime. The AG Guidelines specifically provide that “[c]hildren who are depicted in child pornography that has been advertised, transported, distributed, received, accessed, or possessed are presumed to have been directly and proximately harmed as a result of those crimes for purposes of determining whether they are a victim under the VRRA or CVRA.”43 The Child Victims and Child Witnesses Rights statute (CVCWR) provides additional safeguards for minors in the federal justice system.44 This statute was amended by the Xxxx Xxxxx Act of 2006 to provide further protections in child pornography cases.45 The federal criminal code also contains other provisions ...