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Affirmative Action Revisited: A Legal History and Prospectus
Affirmative action remains a focal point of public debate as the result of legal and political developments at the federal, state, and local levels. This report discusses legislation related to affirmative action, as well as legal rulings on the topic and the federal government's role in first establishing and, later, attempting to curb affirmative action policies.
Indian Self-Determination and Education Assistance Act Contracts and Cherokee Nation of Oklahoma v. Leavitt: Agency Discretion to Fund Contract Support Costs
On March 1, 2005, the Supreme Court handed down its decision in Cherokee The nation of Oklahoma v. Leavitt. The conflicts in the case (actually two consolidated cases) involved federal agencies’ duty to fund contract support costs for contracts with Indian tribes under the Indian Self-Determination and Education Assistance Act (ISDA).
Immigration Consequences of Criminal Activity
Congress has broad plenary authority to determine classes of aliens who maybe admitted into the United States and the grounds for which they may be removed. Pursuant to the Immigration and Nationality Act (INA), as amended, certain conduct may either disqualify an alien from entering the United States (“inadmissibility”) or provide grounds for his or her removal/deportation. Prominently included among this conduct is criminal activity. “Criminal activity” comprises acts violative of federal, state, or, in many cases, foreign criminal law. It does not cover violations of the INA that are not crimes, most notably, being in the U.S. without legal permission. Thus, the term “illegal alien” — an alien without legal status — is not synonymous with “criminal alien.”
Affirmative Action: Justice O'Connor's Opinions
An examination of Justice O’Connor’s opinions reveals a gradual shift in perspective regarding the legal and constitutional standards to be applied in evaluating governmental affirmative action efforts, and the manner of their application in various legal and factual settings. This report briefly surveys decisions of retiring Justice Sandra Day O’Connor in affirmative action cases, an area where her opinions have frequently determined the outcome.
Federal Protection for Human Research Subjects: An Analysis of the Common Rule and Its Interactions with FDA Regulations and the HIPAA Privacy Rule
This report is analysis of the common rule and its interactions with FDA regulations and the HIPAA privacy rule for the federal protection for human research subjects.
Black Members of the United States Congress: 1870-2005
Forty three black or African-American Members serve in the 109th Congress; 42 in the House of Representatives, one in the Senate. There have been 117 black Members of Congress: 112 elected to the House and five to the Senate. The majority of the black Members (90) have been Democrats; the rest (27) have been Republicans. This report includes alphabetical listing of black members, selected biographical information, and committee assignments during their tenure in office.
Federal Affirmative Action Law: A Brief History
This report provides a brief history about the Federal Affirmative Action Law which remains a focal point of public debate as a result of legal and political developments at the federal,state and local levels.
Katrina Relief: U.S. Labor Department Exemption of Contractors from Written Affirmative Action Requirements
This report discusses the Employment Standards Administration (ESA) attempt to assist Hurricane Katrina relief efforts by having federal contract agencies use an affirmative action program that is imposed on companies by E.O. 11246. This would require contractors to "refrain from discrimination and to take affirmative action with respect to the employment of racial and ethnic minorities, women, and religious adherents (Summary)."
Wagnon v. Prairie Band Potawatomi Nation:
No Description Available.
Minority Contracting and Affirmative Action for Disadvantaged Small Businesses: Legal Issues
This report discusses the minority participation “goals” that have been an integral part of federal policies to promote racial and gender equality in contracting on federally financed construction projects and in connection with other large federal contracts.
Affirmative Action and Diversity in Public Education — Legal Developments
The first part of this report briefly reviews the judicial evolution of race-based affirmative action, particularly in relation to public education. Recent rulings challenging the use of racial admissions and hiring practices by public educational institutions are then considered for their implications on the future development of affirmative action law.
Immigration Consequences of Criminal Activity
Congress has the authority to determine classes of aliens who may be admitted into the United States and the grounds for which they may be removed. Pursuant to the Immigration and Nationality Act (INA), as amended, certain conduct may either disqualify an alien from entering the United States ("inadmissibility") or provide grounds for his or her removal/deportation. Prominently included among this conduct is criminal activity. This report explores this issue in-depth, especially the difference between the terms "illegal alien" and "criminal alien" and relevant legislation.
Immigration Consequences of Criminal Activity
This report discusses the potential immigration consequences of criminal activity. “Criminal activity” generally refers to conduct for which an alien has been found or plead guilty before a court of law, though in limited circumstances consequences may attach to the commission of a crime or admission of acts constituting the essential elements of a crime. Consequences may flow from violations of either federal, state or, in many circumstances, foreign criminal law. Some federal crimes are set out in the INA itself — alien smuggling, for example. However, not all violations of immigration law are crimes. Notably, being in the U.S. without legal permission — i.e., being an “illegal alien” — is not a crime in and of itself. Thus, for example, an alien who overstays a student visa may be an “illegal alien,” in that the alien may be subject to removal from the U.S., but such an alien is not a “criminal alien.”
Affirmative Action and Diversity in Public Education: Legal Developments
This report reviews the judicial evolution of race-based affirmative action, particularly in relation to public education. Recent rulings challenging the use of race-conscious admissions and hiring practices by public educational institutions are then considered for their implications on the future development of affirmative action law.
Federal Affirmative Action Law: A Brief History
This report provides a brief history about the Federal Affirmative Action Law which remains a focal point of public debate as a result of legal and political developments at the federal,state and local levels.
Indian Gaming Regulatory Act (IGRA): Gaming on Newly Acquired Lands
This report discuses the Indian Gaming Regulatory Act (IGRA), which generally prohibits gaming on lands acquired for Indians in trust by the Secretary of the Interior.
Instability in Chad
This report discusses the currently volatile political and security situation in Chad. Some issues Chad is currently facing include ethnic clashes, banditry, and fighting between government forces and rebel groups; a large number of displaced persons who have fled Chad to the neighboring nation of Cameroon; an increasing number of refugee influx from the nearby troubled regions of the Central African Republic (CAR) and Sudan's Darfur; and inadequate security forces.
Iran: Ethnic and Religious Minorities
Iran is home to approximately 70.5 million people who are ethnically, religiously, and linguistically diverse. This report discusses these minorities, their treatment under the Islamic regime, and the reactions of international rights groups.
African American Members of the United States Congress: 1870-2009
This report discusses the history and current status of African Americans in Congress. There are 42 African American Members serving in the 111th Congress, 41 in the House of Representatives and one in the Senate. There have been 125 African American Members of Congress: 119 have been elected to the House; five have been elected to the Senate; and one has been appointed to the Senate. There have been 98 Democrats: 95 in the House, three in the Senate; and 27 Republicans: 24 in the House, three in the Senate.
The “8(a) Program” for Small Businesses Owned and Controlled by the Socially and Economically Disadvantaged: Legal Requirements and Issues
From Summary: "This report provides an overview of the Small Business Administration's (SBA's) Minority Small Business and Capital Ownership Development Program. Based on upon authorities given to the SBA by Sections 7(j) and 8(a) of the Small Business Act of 1958, as amended, this program is commonly known as the "8(a) Program."
Survey of Federal Laws Containing Goals, Set-Asides, Priorities, or Other Preferences Based on Race, Gender, or Ethnicity
This report provides a broad, but by no means exhaustive, survey of federal statutes that specifically refer to race, gender, or ethnicity as factors to be considered in the administration of any federal program.
The U.N. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): Issues in the U.S. Ratification Debate
This report discusses issues surrounding the proposed Employment Non-Discrimination Act, which would prohibit discrimination based on an individual's actual or perceived sexual orientation or gender identity by public and private employers in hiring, discharge, compensation, and other terms and conditions of employment.
Carcieri v. Salazar: The Secretary of the Interior May Not Acquire Trust Land for the Narragansett Indian Tribe Under 25 U.S.C. § 465 Because That Statute Applies to Tribes “Under Federal Jurisdiction” in 1934
This report discusses the right of the Secretary of the Interior (SOI) to take Narragansett Indian Tribe land into trust. It looks at issues before the Supreme Court in the case of Carcieri v. Salazar (2009), and subsequent bills related to this case that have been introduced by Congress.
African American Members of the United States Congress: 1870-2012
A history and current status report of African Americans in Congress.
Sexual Orientation and Gender Identity Discrimination in Employment: A Legal Analysis of the Employment Non-Discrimination Act (ENDA)
This report discusses issues surrounding the proposed Employment Non-Discrimination Act, which would prohibit discrimination based on an individual's actual or perceived sexual orientation or gender identity by public and private employers in hiring, discharge, compensation, and other terms and conditions of employment. The stated purpose of the legislation is "to address the history and widespread pattern of discrimination on the basis of sexual orientation or gender identity by private sector employers and local, State, and Federal Government employers," as well as to provide effective remedies for such discrimination. Patterned on Title VII of the Civil Rights Act of 1964, the act would be enforced by the Equal Employment Opportunity Commission (EEOC).
The "8(a) Program" for Small Businesses Owned and Controlled by the Socially and Economically Disadvantaged: Legal Requirements and Issues
This report provides a brief history of the 8(a) Program, summarizes key requirements, and discusses legal challenges alleging that the program's presumption that members of certain racial and ethnic groups are socially disadvantaged violates the constitutional guarantee of equal protection.
Affirmative Action and Diversity in Public Education: Legal Developments
The first part of this report briefly reviews the judicial evolution of race-based affirmative action, particularly in relation to public education. The report then reviews major rulings involving challenges to the use of race-conscious admissions and hiring practices by public educational institutions, and concludes with a discussion of the implications for the future development of affirmative action law.
Federal Affirmative Action Law: A Brief History
This report provides a brief history about the Federal Affirmative Action Law which remains a focal point of public debate as a result of legal and political developments at the federal,state and local levels.
The Administrative Process by Which Groups May Be Acknowledged as Indian Tribes by the Department of the Interior
This report describes the history of the process by which Native American tribes have been recognized. Moreover, the report emphasizes the importance of being recognized and acknowledged to maintain a political existence. The benefits of having this include things such as having the ability to exercise jurisdiction over territory.
Sexual Orientation and Gender Identity Discrimination in Employment: A Legal Analysis of the Employment Non-Discrimination Act (ENDA)
This report discusses issues surrounding the proposed Employment Non-Discrimination Act, which would prohibit discrimination based on an individual's actual or perceived sexual orientation or gender identity by public and private employers in hiring, discharge, compensation, and other terms and conditions of employment.
Affirmative Action and Diversity in Public Education: Legal Developments
This report reviews the judicial evolution of race-based affirmative action, particularly in relation to public education. Recent rulings challenging the use of race-conscious admissions and hiring practices by public educational institutions are then considered for their implications on the future development of affirmative action law.
The “8(a) Program” for Small Businesses Owned and Controlled by the Socially and Economically Disadvantaged: Legal Requirements and Issues
This report discusses the "8(a) Program", the Minority Small Business and Capital Ownership Development Program, which is a federal contracting for small businesses providing small businesses with training, technical assistance, and contracting opportunities.
Federal Affirmative Action Law: A Brief History
This report provides a brief history of federal affirmative action law, including legal and political developments at the federal, state, and local levels. It describes the origins, affirmative action in public education, minority contracting, and recent developments as of 2015.
Diversity, Inclusion, and Equal Opportunity in the Armed Services: Background and Issues for Congress
This report starts by giving an overview of recent research on diversity and organizational management. The next sections outline DOD's military personnel policies, processes and organizational structure for managing diversity, inclusion, and equal opportunity. Finally, the report examines how the concept of diversity and inclusion has evolved over the history of the Armed Forces and addresses some of the current legislative and policy issues related to diversity in the Armed Forces.
Dominican Republic: Update on Citizenship and Humanitarian Issues
This report briefly examines social issues in the Dominican Republic regarding the treatment of Haitians and Dominicans of Haitian descent.
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