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 Decade: 1990-1999
 Collection: Congressional Research Service Reports
The Property Rights Issue
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Encryption Technology: Congressional Issues
This report discusses primarily, the controversy over encryption concerns what access the government should have to encrypted stored computer data or electronic communications (voice and data, wired and wireless) for law enforcement purposes.
The Religious Freedom Amendment: H.J. Res. 78, As Reported by the House Judiciary Committee
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"Property Rights" Bills Take a Process Approach: H.R. 992 and H.R. 1534
In the 105th Congress, the property rights agenda has shifted from "compensation" to "process" bills. While the former would ease the standards for when property owners harmed by government action are compensated, the new approach simply streamlines how federal courts handle such claims. This report examines the three leading process bills -- H.R. 992, House-passed H.R. 1534, and Senate-reported H.R. 1534. The bills embody two process approaches: allowing property owners suing the United States to bring invalidation and compensation claims in the same court, and lowering abstention and ripeness barriers when suing local governments in federal court for property rights violations.
Property Rights: Comparison of H.R. 9 as Passed and S. 605 as Reported
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The Property Rights Implementation Act of 1998
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Online Privacy Protection: Issues and Developments
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The Law of Church and State: The Proposed Religious Freedom Amendment, H.J. Res. 78
This report summarizes legislative developments on the proposal and briefly analyzes its likely legal effect if added to the Constitution.
Immigration-Related Provisions of Selected Bills on Religious Persecution
This report analyzes immigration-related provisions of H.R. 2431, the “Freedom from Religious Persecution Act,” as passed by the House on May 14, 1998, and S. 1868, the “International Religious Freedom Act,” as introduced in the Senate.
Courts Rulings During 1994 on Constitutional Taking Claims Against the United States
In 1994, the second session of the 103rd Congress saw the political pressure exerted by property rights bills ascend new heights. Members supporting property rights legislation sought to add such provisions to nearly every major environmental bill. Opponents, including several committee chairmen, therefore declined to move the bills, and gridlock resulted.
The Endangered Species Act and Private Property
If the 103rd Congress embarks upon an effort to reauthorize the Endangered Species Act (ESA), it will run into an old acquaintance: the property rights issue. As now written, the ESA has at least the potential to curtail property rights (whatever its actual impact as implemented may be). This report explores the legal repercussions of those impacts, especially whether they constitute takings of property under the fifth amendment of the U.S. Constitution.
Restrictions on Minors' Access to Material on the Internet
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Russia's Religion Law: Assessments and Implications
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Toxics Release Inventory: Do Communities Have a Right to Know More?
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Tobacco Marketing and Advertising Restrictions in S. 1415, 105th Congress: First Amendment Issues
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Tobacco Marketing and Advertising Restrictions in S. 1648, 105th Congress: First Amendment Issues
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The "Son of Sam" Case: Legislative Implications
In Simon & Schuster, Inc. v. Members of the new York State Crime Victims Board, the U.S. Supreme Court held that New York State's "Son of Sam" law was inconsistent with the First Amendment's guarantee of freedom of speech and press. This report examines the Supreme Court decision and then considers whether its rationale renders the federal law unconstitutional. Concluding that it likely does, the report considers whether it would be possible to enact a constitutional Son-of-Sam statute. Finally, the report takes note of some state Son-of-Sam statutes that have been enacted since the Supreme Court decision.
Tobacco Advertising: The Constitutionality of Limiting its Tax Deductibility
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Tobacco Advertising: Whether the FDA's Restrictions Violate Freedom of Speech
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The Religious Freedom Restoration Act: Its Rise, Fall, and Current Status
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Religious Persecution Abroad: Congressional Concerns and Actions
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Haiti: Efforts to Restore President Aristide, 1991-1994
This report tracks the efforts to restore to office President Aristide of Haiti between the years 1991-1994. During this period, the main U.S. foreign policy concern was the restoration of the democratic process to Haiti. Closely related to this was the issue of Haitians attempting to flee to the United States by boat. Congressional concerns focused on human rights, Haitian migration, socioeconomic conditions, and drug trafficking.