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The Religious Freedom Restoration Act: Its Rise, Fall, and Current Status
This report briefly summarizes Employment Division, Oregon Department of Human Resources v. Smith, the legislative history of the Religious Freedom Restoration Act (RFRA), the Supreme Court's decision in City of Boerne, Texas v. Flores, and RFRA's current legal status, and notes the introduction of the Religious Liberty Protection Act (RLPA).
Religious Persecution Abroad: Congressional Concerns and Actions
The 105 Congress has sought to raise the priority of combating religious persecution worldwide among U.S. foreign policy objectives. The difficulty has been in agreeing on legislation that would effectively deal with religious persecution without adversely affecting other important U.S. interests. On May 14, 1998, the House passed H.R. 2431 (the Freedom from Religious Persecution Act of 1998) establishing in the State Department a Director of the Office of Religious Persecution Monitoring who is to issue an annual report assessing religious persecution abroad. The legislation places sanctions on countries and groups that carry out or permit such activities. The Senate may soon consider S. 1868 establishing an office in the Department of State to monitor religious persecution headed by an Ambassador at Large and requiring the President to take some action from a broad list of options against countries found engaging in or tolerating religious persecution.
"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.
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.
Russia's Religion Law: Assessments and Implications
This short report provides an overview and assessment of Russian religion law. On September 26, 1997, Russian President Boris Yeltsin signed the religion bill into law, and implementing regulations were promulgated in early 1998. The Administration and Congress have raised concerns that the law may restrict religion and have urged Russia to uphold its international commitments to religious freedom. The FY1998 Foreign Aid Appropriations Act (P.L. 105-118) prohibits the Freedom Support Act aid to Russia unless the President determines and certifies that the Russian government has not discriminated against religious groups in violation of its international commitments. The determination was released on May 26, 1998, finding that Russia has not violated such commitments, but that U.S. officials would continue to monitor the situation.
The Religious Freedom Amendment: H.J. Res. 78, As Reported by the House Judiciary Committee
This report details the legislative, political, and legal contexts of H.J.Res 78 (Religious Freedom Amendment) and analyzes its legal effect.
Tobacco Marketing and Advertising Restrictions in S. 1415, 105th Congress: First Amendment Issues
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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.
Tobacco Marketing and Advertising Restrictions in S. 1648, 105th Congress: First Amendment Issues
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Tobacco Advertising: The Constitutionality of Limiting its Tax Deductibility
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Tobacco Advertising: Whether the FDA's Restrictions Violate Freedom of Speech
No Description Available.
Property Rights: Comparison of H.R. 9 as Passed and S. 605 as Reported
The leading property rights bills in the Congress are the Contract with America-derived H.R. 9 (Division B), as passed by the House in March, 1995, and S. 605, as reported from the Committee on the Judiciary.
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.
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.
The Property Rights Issue
The property rights issue arises because societal goals are sometimes pursued through government restrictions on the use of private property. At bottom, it is the age-old conflict between public goals and private rights.
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.
Obscenity: A Legal Primer
This report provides an overview of the present law of obscenity and pornography, with emphasis on the following topics: (1) the legal definition of obscenity; (2) the constitutionality of restrictive zoning laws; (3) federal authority to legislate in this area; (4) child pornography; (5) regulation of the broadcast media in this context; (6) obscenity and cable television; (7) obscene prerecorded messages; (8) seizure of obscene materials; and .(9) pornography as a form of sex discrimination.
Human Rights and U.S. Foreign Policy
Following a review of such broad policy issues, this report treats specific human rights issues of current interest. Discussions of controversy over the selection of an Assistant Secretary of State for Human Rights and Humanitarian Affairs and of human rights policy at the international financial institutions are followed by reviews of U.S. human rights policy toward Argentina, El Salvador, Nicaragua, South Africa, and the Soviet Union.
Human Rights in U.S. Foreign Relations: Six Key Questions in the Continuing Policy Debate
This report provides background information and a general overview of the role of human rights in U.S. foreign policy. It includes a discussion of some traditional arguments about how international human rights concerns might be integrated with other foreign policy factors. It also includes a discussion of the definition of human rights, of U.S. international obligations to promote human rights, and the apparatus and procedures available to the U.S. Government for implementing human rights policy. Particular attention is paid to congressional actions, not only in debating and holding hearings on human rights issues, but especially in enacting laws to assure that U.S. foreign policy formulation and practice include consideration of the status of human rights in other countries.
Citizen Control Over Records Held by Third Parties
The United States has become an information society. Government at every level and private industry have been collecting and using more personal information about individuals in the last several years than ever before. The Congress has been aware of this trend, and of the potencia1 for misuse of the information so collected; it has enacted several laws that protect the personal privacy of individuals, and respect the confidentiality of the information maintained about individuals by third parties. In this report, several privacy laws are summarized, and key provisions of each are compared, in order to make individual citizens aware of their rights , responsibilities and remedies under the law.
Tax Return Confidentiality
No Description Available.
Invasion of Privacy in the Private Sector: A Select Bibliography
This report is the collection of a selected bibliography of invasion of privacy in the private sector.
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