Free Exercise of Religion by Secular Organizations and Their Owners: Implications for the Affordable Care Act (ACA)

Free Exercise of Religion by Secular Organizations and Their Owners: Implications for the Affordable Care Act (ACA)

Date: March 21, 2014
Creator: Brougher, Cynthia
Description: This report examines the constitutional and statutory protections related to free exercise of religion, including current Supreme Court interpretations, as well as judicial and legislative avoidance of defining the parameters of religious belief. It also discusses significant examples of existing religious exemptions in current law, such as employment nondiscrimination, health care, and public accommodations law. Finally, it analyzes recent federal judicial decisions that have considered the religious freedom rights of commercial entities whose owners have religious objections to the contraceptive coverage requirement.
Contributing Partner: UNT Libraries Government Documents Department
Prayer and Religious Expression in Public Institutions: A Constitutional Analysis

Prayer and Religious Expression in Public Institutions: A Constitutional Analysis

Date: June 23, 2014
Creator: Brougher, Cynthia
Description: This report provides background information regarding sponsored prayer, which is prohibited under the First Amendment with few exceptions. The report discusses school prayer, legislative prayer, military chaplaincy, and legislative issues.
Contributing Partner: UNT Libraries Government Documents Department
The Law of Church and State: Public Aid to Sectarian Schools

The Law of Church and State: Public Aid to Sectarian Schools

Date: November 29, 2010
Creator: Brougher, Cynthia
Description: This report gives a brief overview of the evolution of the Court's interpretation of the Establishment Clause in this area and analyzes the categories of aid that have been addressed by the Court. The report explains which categories have been held to be constitutionally permissible or impermissible, both at the elementary and secondary school level and at the postsecondary level. The report also briefly addresses a set of cases (Arizona Christian School Tuition Organization v. Winn; Garriott v. Winn) currently before the Court regarding the constitutionality of an Arizona statute that permits individuals to claim a tax credit for certain donations to school tuition organizations that use the funds for scholarships to private and, in some instances, religious schools.
Contributing Partner: UNT Libraries Government Documents Department
Nondiscrimination in Environmental Regulation: A Legal Analysis

Nondiscrimination in Environmental Regulation: A Legal Analysis

Date: February 6, 2013
Creator: Brougher, Cynthia
Description: This report will examine the relevant legal authorities that may be asserted to address disproportionate impacts that result from how an agency implements environmental regulations, including the Equal Protection Clause of the U.S. Constitution, Title VI of the Civil Rights Act of 1964, and various environmental and conservation statutes. It will discuss administrative efforts to address "environmental justice," a term used by some advocates to refer to the distribution of environmental quality across various demographic groups, including the Environmental Protection Agency's (EPA's) Plan EJ 2014. It will also analyze the use of these authorities to prevent such impacts and the likelihood of success for future challenges under each legal theory.
Contributing Partner: UNT Libraries Government Documents Department
Free Exercise of Religion by Closely Held Corporations: Implications of Burwell v. Hobby Lobby Stores, Inc.

Free Exercise of Religion by Closely Held Corporations: Implications of Burwell v. Hobby Lobby Stores, Inc.

Date: July 23, 2014
Creator: Brougher, Cynthia
Description: This report analyzes the Court's decision in Hobby Lobby, including arguments made between the majority and dissent, to clarify the scope of the decision and potential impacts for future interpretation of RFRA's applicability. It also examines potential legislative responses, should Congress consider addressing the current applicability of RFRA. Finally, the report addresses the decision's effect on requirements that employers offer contraceptive coverage in group health plans under federal or state law.
Contributing Partner: UNT Libraries Government Documents Department
Federal Liability for Flood Damage Related to Army Corps of Engineers Projects

Federal Liability for Flood Damage Related to Army Corps of Engineers Projects

Date: July 11, 2008
Creator: Brougher, Cynthia
Description: This report examines selected issues of the federal government's liability depending on the theory of the levee failures, and analyzes legal defenses available to the federal government. The report uses flood damage related to Hurricane Katrina as an illustration of these legal issues regarding federal liability, but the general principles in the analysis would apply to flood damage resulting from any such flood control project.
Contributing Partner: UNT Libraries Government Documents Department
California Water Law and Related Legal Authority Affecting the Sacramento-San Joaquin Delta

California Water Law and Related Legal Authority Affecting the Sacramento-San Joaquin Delta

Date: July 1, 2008
Creator: Brougher, Cynthia
Description: This report provides a summary of California's dual system of water rights, which includes riparian and prior appropriation doctrines, and regulation of those rights by the state. In particular, the report discusses considerations used in the process of regulating water usage, including the public trust doctrine, the rule of beneficial use, and the no injury rule. The report discusses the California water projects, the projects' rights, and access to water by other users.
Contributing Partner: UNT Libraries Government Documents Department
Legal Standing Under the First Amendment's Establishment Clause

Legal Standing Under the First Amendment's Establishment Clause

Date: September 15, 2009
Creator: Brougher, Cynthia
Description: This report analyzes the constitutional issues associated with standing, specifically related to cases arising under the Establishment Clause. It provides a background on the doctrine of standing, including the U.S. Supreme Court's interpretation of various types of standing, including standing to sue as a citizen, as a taxpayer, and on behalf of another party.
Contributing Partner: UNT Libraries Government Documents Department
Legal Standing Under the First Amendment's Establishment Clause

Legal Standing Under the First Amendment's Establishment Clause

Date: April 5, 2011
Creator: Brougher, Cynthia
Description: This report analyzes the constitutional issues associated with standing (a restraint on the power of federal courts to render decisions), specifically related to cases arising under the Establishment Clause of the First Amendment regarding religion. It provides a background on the doctrine of standing, including the U.S. Supreme Court's interpretation of various types of standing: standing to sue as a citizen, as a taxpayer, and on behalf of another party. It also examines the current standing rules related to the Establishment Clause.
Contributing Partner: UNT Libraries Government Documents Department
Legal Analysis of Religious Exemptions for Photo Identification Requirements

Legal Analysis of Religious Exemptions for Photo Identification Requirements

Date: September 5, 2012
Creator: Brougher, Cynthia
Description: Report that analyzes the legal issues associated with religious exemptions to photo identification laws, lawsuits that have challenged state photo requirements, and factors that may be relevant in future decisions that may arise related to federal photo identification requirements and state voter identification requirements.
Contributing Partner: UNT Libraries Government Documents Department
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