Abortion: Judicial History and Legislative Response

Abortion: Judicial History and Legislative Response

Date: March 24, 2014
Creator: Shimabukuro, Jon O.
Description: The focus of this report is on legislative action with respect to abortion, and discussion of the various legislative proposals that involves an examination of the leading Supreme Court decisions concerning a woman's right to choose
Contributing Partner: UNT Libraries Government Documents Department
Abortion: Judicial History and Legislative Response

Abortion: Judicial History and Legislative Response

Date: January 23, 2015
Creator: Shimabukuro, Jon O.
Description: The focus of this report is on legislative actions with respect to abortion, but also discusses leading Supreme Court decisions concerning a woman's right to choose.
Contributing Partner: UNT Libraries Government Documents Department
CRS Issue Statement on Abortion, Family Planning, and Reproductive Health

CRS Issue Statement on Abortion, Family Planning, and Reproductive Health

Date: March 13, 2009
Creator: Shimabukuro, Jon O.
Description: The 111th Congress will likely consider a variety of issues involving family planning and reproductive health. Legislation related to family planning and Title X of the Public Health Service Act, including appropriations measures that could affect the funding of Title X family planning initiatives, is expected.
Contributing Partner: UNT Libraries Government Documents Department
Collective Bargaining and Employees in the Public Sector

Collective Bargaining and Employees in the Public Sector

Date: March 30, 2011
Creator: Shimabukuro, Jon O.
Description: This report examines the collective bargaining rights of federal, state, and local workers. The report also discusses the constitutional concerns that may be raised by state legislation that attempts to invalidate existing collective bargaining agreements.
Contributing Partner: UNT Libraries Government Documents Department
The Federal Arbitration Act: Background and Recent Developments

The Federal Arbitration Act: Background and Recent Developments

Date: August 15, 2003
Creator: Shimabukuro, Jon O
Description: Enacted in 1925, the Federal Arbitration Act (“FAA”) seeks to ensure the validity and enforcement of arbitration agreements in any “maritime transaction or . . . contract evidencing a transaction involving commerce.” In general, the FAA evidences a national policy favoring arbitration. However, the application of the FAA to various types of arbitration agreements has been the subject of numerous lawsuits. This report provides a brief legislative history of the FAA, as well as a review of selected cases that have interpreted the FAA. The report also discusses bills introduced during the 108th Congress that would amend the FAA to address the use of arbitration to resolve employment and specific contract disputes.
Contributing Partner: UNT Libraries Government Documents Department
The Federal Arbitration Act: Background and Recent Developments

The Federal Arbitration Act: Background and Recent Developments

Date: June 17, 2002
Creator: Shimabukuro, Jon O.
Description: Enacted in 1925, the Federal Arbitration Act (“FAA”) seeks to ensure the validity and enforcement of arbitration agreements in any “maritime transaction or a contract evidencing a transaction involving commerce.” This report provides a brief legislative history of the FAA, as well as a review of selected cases that have interpreted the FAA. The report also discusses bills introduced during the 107th Congress that would amend the FAA for various purposes. Of the nine measures that have been introduced, five bills would amend the FAA to address arbitration and employment disputes. The remaining bills address arbitration in motor vehicle franchise contracts and arbitration and consumer credit contracts.
Contributing Partner: UNT Libraries Government Documents Department
The National Labor Relations Act: Background and Selected Topics

The National Labor Relations Act: Background and Selected Topics

Date: September 7, 2012
Creator: Shimabukuro, Jon O.
Description: Report that discusses the National Labor Relations Act, the coverage it provides, unfair labor practices that the act prohibits, pre-election communications with employees, and several legal cases regarding the Act.
Contributing Partner: UNT Libraries Government Documents Department
The Employee Free Choice Act

The Employee Free Choice Act

Date: January 26, 2009
Creator: Shimabukuro, Jon O.
Description: This report discusses legislative attempts to amend the National Labor Relations Act ("NLRA") to allow for union certification without an election, based on signed employee authorizations. The Employee Free Choice Act ("EFCA") has been introduced in the past three Congresses to allow union certification based on signed authorizations, provide a process for the bargaining of an initial agreement, and prescribe new penalties for certain unfair labor practices.
Contributing Partner: UNT Libraries Government Documents Department
Abortion: Justice O'Connor's Opinions

Abortion: Justice O'Connor's Opinions

Date: July 15, 2005
Creator: Shimabukuro, Jon O.
Description: This report examines Justice O'Connor's notable opinions on abortion, and explores her role in the development of the undue burden standard, adopted in 1992. Under the new standard, a reviewing court would consider whether an abortion restriction has the effect of imposing an "undue burden" on a woman's right to obtain an abortion.
Contributing Partner: UNT Libraries Government Documents Department
Abortion and Whole Woman's Health v. Hellerstedt

Abortion and Whole Woman's Health v. Hellerstedt

Date: March 28, 2016
Creator: Shimabukuro, Jon O.
Description: This report examines Whole Woman's Health v. Cole, the Fifth Circuit's decision, as well as the undue burden standard, and the contrasting approaches used by the federal appellate courts to determine whether an abortion regulation imposes an undue burden on a woman's ability to have an abortion.
Contributing Partner: UNT Libraries Government Documents Department
Background and Legal Issues Related to Stem Cell Research

Background and Legal Issues Related to Stem Cell Research

Date: October 26, 2004
Creator: Shimabukuro, Jon O.
Description: This report discusses issues regarding stem cell research. With certain restrictions, the President has announced that federal funds may be used to conduct research on human embryonic stem cells. Federal research is limited to "the more than 60" existing stem cell lines that were derived (1) with the informed consent of the donors; (2) from excess embryos created solely for reproductive purposes; and (3) without any financial inducements to the donors. No federal funds will be used for the derivation or use of stem cell lines derived from newly destroyed embryos; the creation of any human embryos for research purposes; or cloning of human embryos for any purposes.
Contributing Partner: UNT Libraries Government Documents Department
The Public Safety Employer-Employee Cooperation Act

The Public Safety Employer-Employee Cooperation Act

Date: December 9, 2010
Creator: Shimabukuro, Jon O.
Description: This report reviews the Public Safety Employer-Employee Cooperation Act (PSEECA) and discusses the possible impact of the legislation. The report also identifies existing state laws that recognize collective bargaining rights for public safety employees, and considers the constitutional concerns raised by the measure.
Contributing Partner: UNT Libraries Government Documents Department
Legal Issues Relating to State Health Care Regulation: ERISA Preemption and Fair Share Laws

Legal Issues Relating to State Health Care Regulation: ERISA Preemption and Fair Share Laws

Date: August 26, 2008
Creator: Shimabukuro, Jon O. & Staman, Jennifer
Description: This report provides an overview of the Employee Retirement Income Security Act (ERISA) preemption, discusses legal challenges to fair share laws, and analyzes the fair share requirements included as part of the Massachusetts Health Care Reform Act.
Contributing Partner: UNT Libraries Government Documents Department
The Definition of “Supervisor” Under the National Labor Relations Act

The Definition of “Supervisor” Under the National Labor Relations Act

Date: July 5, 2012
Creator: Mayer, Gerald & Shimabukuro, Jon O.
Description: This report discusses the National Labor Relations Board (NLRB) and their attempts to define the term "supervisor" in the National Labor Relations Act (NLRA) so that such employees can join or form a labor union as regular employees.
Contributing Partner: UNT Libraries Government Documents Department
The Public Safety Employer-Employee Cooperation Act

The Public Safety Employer-Employee Cooperation Act

Date: August 13, 2009
Creator: Shimabukuro, Jon O. & Mayer, Gerald
Description: This report reviews the Public Safety Employer-Employee Cooperation Act (PSEECA) and discusses the possible impact of the legislation. The report also identifies existing state laws that recognize collective bargaining rights for public safety employees, and considers the constitutional concerns raised by the measure.
Contributing Partner: UNT Libraries Government Documents Department
Quarantine and Isolation: Selected Legal Issues Relating to Employment

Quarantine and Isolation: Selected Legal Issues Relating to Employment

Date: November 1, 2008
Creator: Jones, Nancy Lee & Shimabukuro, Jon O.
Description: This report examines the employment-at-will doctrine, possible application of the public policy exception in the case of a potential influenza pandemic, the Family and Medical Leave Act (FMLA), and possible application of the nondiscrimination mandates of the Americans with Disabilities Act (ADA).
Contributing Partner: UNT Libraries Government Documents Department
Background and Legal Issues Related to Stem Cell Research

Background and Legal Issues Related to Stem Cell Research

Date: July 13, 2006
Creator: Shimabukuro, Jon O
Description: In August 2001, President Bush announced that federal funds, with certain restrictions, may be used to conduct research on human embryonic stem cells. Federal research is limited to “the more than 60” existing stem cell lines that were derived (1) with the informed consent of the donors; (2) from excess embryos created solely for reproductive purposes; and (3) without any financial inducements to the donors. No federal funds may be used for the derivation or use of stem cell lines derived from newly destroyed embryos; the creation of any human embryos for research purposes; or cloning of human embryos for any purposes.
Contributing Partner: UNT Libraries Government Documents Department
Background and Legal Issues Related to Stem Cell Research

Background and Legal Issues Related to Stem Cell Research

Date: July 13, 2006
Creator: Shimabukuro, Jon O.
Description: In August 2001, President Bush announced that federal funds, with certain restrictions, may be used to conduct research on human embryonic stem cells. This report explains the limitations on this research, as well as corresponding and related legislation to the issue of embryonic stem cell research, including the Stem Cell Research Enhancement Act of 2005.
Contributing Partner: UNT Libraries Government Documents Department
Labor-Management Relations and the Federal Aviation Administration: Background and Current Legislative Issues

Labor-Management Relations and the Federal Aviation Administration: Background and Current Legislative Issues

Date: January 8, 2008
Creator: Shimabukuro, Jon O.
Description: This report discusses labor-management relations at the Federal Aviation Administration (FAA) and the 2006 implementation of a new labor contract on air traffic controllers. The FAA's ability to implement the new contract with its controllers was arguably supported by a mediation procedure prescribed by federal law. This report provides background information on the mediation procedure, discusses litigation involving the FAA and two labor organizations, and examines legislative attempts to amend the existing system.
Contributing Partner: UNT Libraries Government Documents Department
The Family and Medical Leave Act: Background and U.S. Supreme Court Cases

The Family and Medical Leave Act: Background and U.S. Supreme Court Cases

Date: March 23, 2005
Creator: Shimabukuro, Jon O
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Partial-Birth Abortion: Recent Developments in the Law

Partial-Birth Abortion: Recent Developments in the Law

Date: January 12, 2004
Creator: Shimabukuro, Jon O
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Electricity Restructuring and the Constitutionality of Retail Reciprocity Requirements

Electricity Restructuring and the Constitutionality of Retail Reciprocity Requirements

Date: March 9, 2000
Creator: Shimabukuro, Jon O
Description: Retail reciprocity requirements have been included in the electricity restructuring legislation of at least four states. These requirements mandate generally that out-of-state utilities which operate in a state “closed” to retail competition cannot market power to retail consumers in the “open” state. Because state reciprocity requirements enacted without congressional authorization are probably unconstitutional under the Commerce Clause of the U.S. Constitution, Congress would have to include a reciprocity provision in federal electricity restructuring legislation if it wants to support the view that such a provision will increase competition. This report reviews the treatment of state reciprocity requirements by the U.S. Supreme Court and discusses Congress’ power under the Commerce Clause.
Contributing Partner: UNT Libraries Government Documents Department
Substantive Due Process and a Right to Clone

Substantive Due Process and a Right to Clone

Date: May 21, 2002
Creator: Shimabukuro, Jon O
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Enforceability of Mandatory Arbitration Agreements:

Enforceability of Mandatory Arbitration Agreements:

Date: January 12, 2001
Creator: Shimabukuro, Jon O
Description: In Wright v. Universal Maritime Service Corp., the U.S. Supreme Court found that a mandatory arbitration clause in a collective bargaining agreement was not enforceable because it failed to specify arbitration as the covered employees' sole method of obtaining relief for their statutory claims. Without such explicit language in the agreement, the union could not have made a "clear and unmistakable waiver" of the employees' rights to a judicial forum. Although the Court identified a "clear and unmistakable waiver" standard for determining whether a mandatory arbitration agreement could be enforced, it refrained from deciding whether a union could actually bargain for such a waiver
Contributing Partner: UNT Libraries Government Documents Department
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