Congressional Research Service Reports - 115 Matching Results

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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
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
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
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
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. 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).
Date: June 8, 2012
Creator: Jody Feder & Brougher, Cynthia
Partner: UNT Libraries Government Documents Department

Military Personnel and Freedom of Religion: Selected Legal Issues

Description: This report provides an overview of the requirements of the First Amendment related to military personnel's religious exercise. It analyzes current constitutional and statutory requirements regarding religious exercise, and provides a framework for how Congress and the courts might consider future issues that arise related to service members' religious exercise. Specifically, the report examines the limitations placed on service members in uniform in the exercise of their religious beliefs. It also examines the role of military chaplains and the legal challenges associated with publicly funding religious personnel. The report analyzes efforts by Congress and the Department of Defense to address the constitutional concerns that are raised by these issues.
Date: February 1, 2011
Creator: Mason, R. Chuck & Brougher, Cynthia
Partner: UNT Libraries Government Documents Department

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
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
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
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
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
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
Partner: UNT Libraries Government Documents Department

The Millennium Development Goals: The September 2010 U.N. High-level Meeting

Description: This report discusses overarching trends in Millennium Development Goals (MDG) progress and lessons learned from previous and ongoing efforts to achieve them. The MDGs are a group of measurable development targets agreed to by 189 U.N. member states - including the United States - as part of the 2000 Millennium Declaration. The MDGs cover a number of issues, such as eradicating extreme hunger and poverty, combating HIV/AIDS, and promoting gender equality and women's empowerment. This report examines U.S. policy toward the MDGs and how, if at all, the Goals fit into U.S. development and foreign assistance policy. It also examines different schools of thought regarding the effectiveness of the Goals, their role in international development, and their long-term sustainability. This report addresses the MDGs as a whole; it does not assess or analyze issues pertaining to the individual Goals.
Date: December 9, 2010
Creator: Blanchfield, Luisa & Lawson, Marian Leonardo
Partner: UNT Libraries Government Documents Department

The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): Congressional Issues

Description: This report provides an overview of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and describes its background, objectives, and structure, including the role of the Convention's monitoring body, the CEDAW Committee. It examines U.S. policy and issues in the U.S. ratification debate, including the Convention's possible impact on U.S. sovereignty, its effectiveness in combating discrimination, and its role as an instrument of U.S. foreign policy.
Date: August 5, 2008
Creator: Blanchfield, Luisa
Partner: UNT Libraries Government Documents Department

The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): Congressional Issues

Description: This report provides an overview of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and describes its background, objectives, and structure, including the role of the Convention's monitoring body, the CEDAW Committee. It examines U.S. policy and issues in the U.S. ratification debate, including the Convention's possible impact on U.S. sovereignty, its effectiveness in combating discrimination, and its role as an instrument of U.S. foreign policy.
Date: October 28, 2008
Creator: Blanchfield, Luisa
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: January 26, 2009
Creator: Garcia, Michael J.
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 provides an overview of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and describes its background, objectives, and structure, including the role of the Convention's monitoring body, the CEDAW Committee. It examines U.S. policy and issues in the U.S. ratification debate, including the Convention's possible impact on U.S. sovereignty, its effectiveness in combating discrimination, and its role as an instrument of U.S. foreign policy.
Date: May 5, 2010
Creator: Blanchfield, Luisa
Partner: UNT Libraries Government Documents Department