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Racial Profiling: Legal and Constitutional Issues

Description: Racial profiling is the practice of targeting individuals for police or security detention based on their race or ethnicity in the belief that certain minority groups are more likely to engage in unlawful behavior. Examples of racial profiling by law enforcement agencies suggest that minorities are disproportionately the subject of security-related practices. The issue has periodically attracted congressional interest and several courts have considered the constitutional ramifications of the practice as an "unreasonable search and seizure" under the Fourth Amendment and, more recently, as a denial of the Fourteenth Amendment's equal protection guarantee. A variety of federal and state statutes provide potential relief to individuals who claim that their rights are violated by race-based law enforcement practices and policies.
Date: April 16, 2012
Creator: Feder, Jody
Item Type: Report
Partner: UNT Libraries Government Documents Department

Recognition of Same-Sex Marriage: Implications for Religious Objections

Description: The U.S. Supreme Court's highly anticipated decision in Obergefell v. Hodges recognized federal constitutional protection for same-sex marriage. This report will analyze a range of legal issues for which Obergefell has implications.
Date: October 23, 2015
Creator: Brown, Cynthia & Lunder, Erika K.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Sex Discrimination and the United States Supreme Court: Developments in the Law

Description: This report focuses on sex discrimination challenges based on: the equal protection guarantees of the Fourteenth and Fifth Amendments; the prohibition against employment discrimination contained in Title VII of the Civil Rights Act of 1964; and the prohibition against sex discrimination in education contained in Title IX of the Education Amendments of 1972.
Date: December 30, 2015
Creator: Feder, Jody
Item Type: Report
Partner: UNT Libraries Government Documents Department

Title IX and Sex Discrimination in Education: An Overview

Description: This report provides an overview of Title IX of the Education Amendments of 1972, and the various aspects of education affected by this law. Although Title IX has been only partially successful in eliminating sex discrimination in education, the effects of this legislation have been far-reaching.
Date: March 4, 2004
Creator: Galemore, Gary L.
Item Type: Report
Partner: UNT Libraries Government Documents Department

U.N. Convention Against Torture (CAT): Overview and Application to Interrogation Techniques

Description: This report discusses the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT) requires signatory parties to take measures to end torture within their territorial jurisdiction and to criminalize all acts of torture.
Date: November 7, 2005
Creator: Garcia, Michael J.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Civil Rights of Individuals with Disabilities: The Opinions of Judge Alito

Description: Judge Samuel Alito Jr. was nominated by President Bush to the U.S. Supreme Court on October 31, 2005. This report examines the opinions written by Judge Alito relating to civil rights for individuals with disabilities and includes a discussion of cases relating to the Americans with Disabilities Act (ADA), the Individuals with Disabilities Education Act (IDEA), section 504 of the Rehabilitation Act of 1973, and the Fair Housing Amendments Act. In addition, Judge Alito’s federalism decisions are briefly analyzed and their potential impact on disability related issues is discussed. Decisions authored by Judge Alito, as well as selected dissents and decisions where he joined the majority are examined.
Date: December 2, 2005
Creator: Jones, Nancy Lee
Item Type: Report
Partner: UNT Libraries Government Documents Department

Civil Rights Opinions of U.S. Supreme Court Nominee Samuel Alito: A Legal Overview

Description: During his 15 years as a federal appellate judge on the Third Circuit, Judge Alito has written for the majority, concurred, or dissented in several cases alleging discrimination based on race, ethnicity, gender, religion, and other prohibited grounds. His legal positions in these cases have varied, depending on the facts and law being applied, and defy rigid or facile classification. Nonetheless, some continuity in judicial approach, both substantive and procedural, may arguably be discerned from a review of several of his significant opinions.
Date: December 12, 2005
Creator: Dale, Charles V
Item Type: Report
Partner: UNT Libraries Government Documents Department

The Americans with Disabilities Act (ADA): The Definition of Disability

Description: The threshold issue in any Americans with Disabilities Act (ADA) case is whether the individual alleging discrimination is an individual with a disability. The ADA definition is a functional one and does not list specific disabilities. This report discusses the definition of "disability." It also briefly discusses the Supreme Court's opinions and analyze how the lower courts are interpreting the Supreme Court's holdings.
Date: March 9, 2006
Creator: Jones, Nancy Lee
Item Type: Report
Partner: UNT Libraries Government Documents Department

Equal Rights Amendments: State Provisions

Description: Twenty states adopted state equal rights amendments between 1879 and 1998. The texts of most of these amendments either are similar to the proposed federal amendment or restate the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution. The timing of the enactment of these state amendments and the choice of wording reflect both the ebb and flow of the women's movement in the United States and the political culture of the particular states at the time of passage. A brief history of the women's rights movement as it relates to the passage of state equal rights amendments is included. The report ends with the text and the date of enactment of each amendment.
Date: August 23, 2004
Creator: Gladstone, Leslie W
Item Type: Report
Partner: UNT Libraries Government Documents Department

The 2009 U.N. Durban Review Conference: Follow-Up to the 2001 U.N. World Conference Against Racism

Description: This report provides information on the 2001 World Conference Against Racism and the circumstances of U.S. withdrawal. It discusses preparations for the Durban Review Conference, including U.S. policy and reaction from other governments. It highlights possible issues for the 111th Congress, including the Review Conference preparatory process, U.S. funding of the Conference, and the political and diplomatic impact of U.S. engagement.
Date: November 20, 2008
Creator: Blanchfield, Luisa
Item Type: Report
Partner: UNT Libraries Government Documents Department

Civil Rights Commission Reauthorization

Description: The Civil Rights Commission Act of 1998 (H.R. 3117) would reauthorize the commission through FY2001. It was introduced by Representative Canady on January 28, 1998, referred to the Committee on the Judiciary, and reported with an amendment on March 2, 1998. It passed the House, amended, by voice vote on March 18.
Date: April 10, 1998
Creator: Gladstone, Leslie W
Item Type: Report
Partner: UNT Libraries Government Documents Department

Equal Rights Amendment (Proposed)

Description: The proposed Equal Rights Amendment to the U.S. Constitution was first introduced in 1923, and was passed by the Congress in 1972. In 1978, Congress extended the original deadline for ratification of the ERA. Thus, if it receives approval in the form of ratification by 38 States before June 30, 1982, the measure will become the 27th Amendment to the Constitution, and will require equal treatment under Federal and State laws and practices for all persons, regardless of sex.
Date: July 8, 1982
Creator: Gladstone, Leslie W
Item Type: Report
Partner: UNT Libraries Government Documents Department

Equal Rights Amendment (Proposed)

Description: The proposed Equal Rights Amendment to the U.S. Constitution was first introduced in 1923, and was passed by the Congress in 1972. In 1978, Congress extended the original deadline for ratification of the ERA. Thus, if it receives approval in the form of ratification by 38 States before June 30, 1982, the measure will become the 27th Amendment to the Constitution, and will require equal treatment under Federal and State laws and practices for all persons, regardless of sex.
Date: October 18, 1974
Creator: Holcomb, Morrigene
Item Type: Report
Partner: UNT Libraries Government Documents Department

"Don't Ask, Don't Tell": A Legal Analysis

Description: This report provides a legal analysis of the various constitutional challenges that have been brought against "Don't Ask, Don't Tell (DADT)".
Date: August 6, 2013
Creator: Feder, Jody
Item Type: Report
Partner: UNT Libraries Government Documents Department

Sexual Orientation and Gender Identity Discrimination in Employment: A Legal Analysis of the Employment Non-Discrimination Act (ENDA)

Description: 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.
Date: May 3, 2013
Creator: Jody Feder & Brougher, Cynthia
Item Type: Report
Partner: UNT Libraries Government Documents Department

The U.N. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): Issues in the U.S. Ratification Debate

Description: 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.
Date: January 6, 2011
Creator: Feder, Jody & Brougher, Cynthia
Item Type: Report
Partner: UNT Libraries Government Documents Department

The U.N. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): Issues in the U.S. Ratification Debate

Description: This report addresses CEDAW's background, objectives, and structure and provides an overview of U.S. policy toward the Convention. It examines issues that have been raised in the U.S. ratification debate, including the treaty's impact on U.S. sovereignty, the effectiveness of the Convention, and its possible use as an instrument of U.S. foreign policy. It also describes controversial provisions and CEDAW Committee recommendations addressing the role of women in society and women's equal access to education and healthcare.
Date: May 7, 2013
Creator: Blanchfield, Luisa
Item Type: Report
Partner: UNT Libraries Government Documents Department

"Don't Ask, Don't Tell": A Legal Analysis

Description: In 1993, after many months of study, debate, and political controversy, Congress passed and President Clinton signed legislation establishing a revised "[p]olicy concerning homosexuality in the armed forces." The new legislation reflected a compromise regarding the U.S. military's policy toward members of the armed forces who engage in homosexual conduct. This compromise, colloquially referred to as "Don't Ask, Don't Tell (DADT)," holds that "[t]he presence in the armed forces of persons who demonstrate a propensity or intent to engage in homosexual acts would create an unacceptable risk to the high standards of morale, good order and discipline, and unit cohesion which are the essence of military capability." Service members are not to be asked about, nor allowed to discuss, their sexual orientation. This compromise notwithstanding, the issue has remained both politically and legally contentious. This report provides a legal analysis of the various constitutional challenges that have been brought against DADT.
Date: June 3, 2010
Creator: Feder, Jody
Item Type: Report
Partner: UNT Libraries Government Documents Department

"Don't Ask, Don't Tell": A Legal Analysis

Description: In 1993, after many months of study, debate, and political controversy, Congress passed and President Clinton signed legislation establishing a revised "[p]olicy concerning homosexuality in the armed forces." The new legislation reflected a compromise regarding the U.S. military's policy toward members of the armed forces who engage in homosexual conduct. This compromise, colloquially referred to as "Don't Ask, Don't Tell (DADT)," holds that "[t]he presence in the armed forces of persons who demonstrate a propensity or intent to engage in homosexual acts would create an unacceptable risk to the high standards of morale, good order and discipline, and unit cohesion which are the essence of military capability." Service members are not to be asked about, nor allowed to discuss, their sexual orientation. This compromise notwithstanding, the issue has remained both politically and legally contentious. This report provides a legal analysis of the various constitutional challenges that have been brought against DADT.
Date: September 2, 2009
Creator: Feder, Jody
Item Type: Report
Partner: UNT Libraries Government Documents Department