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The Google Book Search Project: Is Online Indexing a Fair Use Under Copyright Law?

Description: This report provides background on the pending litigation. Google, Inc. is digitally scanning the collections of several prominent libraries in order to create a vast searchable database of literary works. Copyright holders who have not authorized and object to the digitization have filed suit against the company.
Date: December 28, 2005
Creator: Jeweler, Robin
Partner: UNT Libraries Government Documents Department

Condemnation of Private Property for Economic Development: Legal Comments on the House-Passed Bill (H.R. 4128) and Bond Amendment

Description: The prohibition on economic development condemnations extends not only to land taken for the explicit purpose of economic development but also to land subsequently so used. The latter coverage raises the possibility that although a parcel was initially condemned for a non-prohibited purpose, its use years later for a prohibited one would trigger the two-year cut-off of federal funds. Nor does there seem to be any proportionality requirement between the prohibited condemnations and the length and scope of the federal funds suspension. If Congress’ Spending Power includes a proportionality requirement for conditions on federal funds, as the Court suggests, the absence of proportionality in some of the bill’s applications may raise a constitutional issue.
Date: December 22, 2005
Creator: Meltz, Robert
Partner: UNT Libraries Government Documents Department

The Individuals with Disabilities Education Act (IDEA): Interactions with Selected Provisions of the No Child Left Behind Act (NCLBA)

Description: The Individuals with Disabilities Education Act (IDEA)1 and the No Child Left Behind Act (NCLBA)2 are two of the most significant federal statutes relating to education. Although both have the goal of improving education — IDEA for children with disabilities and NCLBA for all children — the two statutes take different approaches. IDEA focuses on the individual child, with an emphasis on developing an individualized education program (IEP) and specific services for children with disabilities, while NCLBA takes a more global view, with an emphasis on closing gaps in achievement test scores and raising the aggregate scores of all demographic groups of pupils to specific levels. The relationship of IDEA and NCLBA has become of increasing significance because of the recent reauthorization of IDEA and guidance and regulations from the U.S. Department of Education (ED) on NCLBA issues related to the education of children with disabilities. This report will provide a brief overview of IDEA and NCLBA, a discussion of the intersection of selected provisions of IDEA and NCLBA, and a discussion of ED regulations and guidance regarding IDEA and NCLBA. The report concludes with a discussion of possible issues related to the interaction of IDEA and NCLBA.
Date: December 22, 2005
Creator: Apling, Richard N. & Jones, Nancy L.
Partner: UNT Libraries Government Documents Department

The Individuals with Disabilities Education Act (IDEA): Interactions with Selected Provisions of the No Child Left Behind Act (NCLBA)

Description: The Individuals with Disabilities Education Act (IDEA) and the No Child Left Behind Act (NCLBA) are two of the most significant federal statutes relating to education. Although both have the goal of improving education — IDEA for children with disabilities and NCLBA for all children — the two statutes take different approaches. IDEA focuses on the individual child, with an emphasis on developing an individualized education program (IEP) and specific services for children with disabilities, while NCLBA takes a more global view, with an emphasis on closing gaps in achievement test scores and raising the aggregate scores of all demographic groups of pupils to specific levels. The relationship of IDEA and NCLBA has become of increasing significance because of this recent reauthorization of IDEA and guidance and regulations from the U.S. Department of Education (ED) on NCLBA issues related to the education of children with disabilities. This report will provide a brief overview of IDEA and NCLBA, a discussion of the intersection of selected provisions of IDEA and NCLBA, and a discussion of ED regulations and guidance regarding IDEA and NCLBA. The report concludes with a discussion of possible issues related to the interaction of IDEA and NCLBA.
Date: December 22, 2005
Creator: Apling, Richard N. & Jones, Nancy Lee
Partner: UNT Libraries Government Documents Department

Welfare Reauthorization: An Overview of the Issues

Description: In February 2002, the Administration proposed its welfare reauthorization plan. The debate was dominated by controversy over the amount of child care funding and the Administration's proposed changes to Temporary Assistance for Needy Families (TANF) work participation standards. The final agreement reflects the same child care funding increase that was provided in House-passed welfare reauthorization measures in 2002 and 2003 ($1 billion in additional mandatory child care funding over five years). The 2005 Senate Finance Committee welfare reauthorization bill would have provided $6 billion in additional child care funding over five years. Though the final agreement would require states to increase the share of their families participating in TANF work activities, it does not include the Administration's proposal to set a 40-hour workweek standard or revise the activities that count toward the standard. The reauthorization debate also reflected a renewed focus on noncustodial parents and on family formation issues. The budget agreement includes responsible fatherhood initiatives and a scaled back version of the President's initiative to promote healthy marriages.
Date: December 22, 2005
Creator: Falk, Gene; Gish, Melinda & Solomon-Fears, Carmen
Partner: UNT Libraries Government Documents Department

Welfare Reauthorization: An Overview of the Issues

Description: In February 2002, the Administration proposed its welfare reauthorization plan. The debate was dominated by controversy over the amount of child care funding and the Administration's proposed changes to Temporary Assistance for Needy Families (TANF) work participation standards. The final agreement reflects the same child care funding increase that was provided in House-passed welfare reauthorization measures in 2002 and 2003 ($1 billion in additional mandatory child care funding over five years). The 2005 Senate Finance Committee welfare reauthorization bill would have provided $6 billion in additional child care funding over five years. Though the final agreement would require states to increase the share of their families participating in TANF work activities, it does not include the Administration's proposal to set a 40-hour workweek standard or revise the activities that count toward the standard. The reauthorization debate also reflected a renewed focus on noncustodial parents and on family formation issues. The budget agreement includes responsible fatherhood initiatives and a scaled back version of the President's initiative to promote healthy marriages.
Date: December 22, 2005
Creator: Falk, Gene; Gish, Melinda & Solomon-Fears, Carmen
Partner: UNT Libraries Government Documents Department

The Individuals with Disabilities Education Act: Schaffer v. Weast

Description: This report discusses the Individuals with Disabilities Education Act (IDEA), which is the main federal program concerning the education of children with disabilities. It authorizes state and local aid for special education and related services for children with disabilities and contains detailed due process protections for children with disabilities and their parents. On December 3, 2004, President Bush signed “The Individuals with Disabilities Education Act Improvement Act” (P.L. 108-446), a major reauthorization and revision of IDEA. One issue which was not addressed in the reauthorization was whether the parents or the school bears the burden of proof in special education due process hearings. On November 14, 2005, the Supreme Court resolved a split in the circuits and held that the burden of proof in an administrative hearing challenging a child’s individualized education program is on the party seeking the relief.
Date: December 21, 2005
Creator: Jones, Nancy L.
Partner: UNT Libraries Government Documents Department

The Continued Dumping and Subsidy Offset Act ("Byrd Amendment")

Description: This report discusses the controversy over the CDSOA in three parts. First, it covers briefly the background of the law, its effects, and the WTO dispute settlement case. Second, it discusses the congressional debate on the pros and cons of repealing the measure. Third, options for Congress are discussed.
Date: December 19, 2005
Creator: Grimmett, Jeanne J. & Jones, Vivian C.
Partner: UNT Libraries Government Documents Department

The "Farm Bill" in Brief

Description: Federal farm support, food assistance, agricultural trade, marketing, and rural development policies are governed by a variety of separate laws. Many of these laws periodically have been evaluated, revised, and renewed through an omnibus, multi-year farm bill. This report discusses the "farm bill" and it's components.
Date: December 19, 2005
Creator: Becker, Geoffrey S.
Partner: UNT Libraries Government Documents Department

Arctic National Wildlife Refuge (ANWR): Controversies for the 109th Congress

Description: This report discusses the ongoing debate about whether or not to approve energy development in the Arctic National Wildlife Refuge (ANWR). Current law forbids energy leasing in the Refuge. This report addresses several legislative options on the issue, as well as policymakers' arguments for and against development, especially in the wake of increasing terrorism since 2000-2001.
Date: December 16, 2005
Creator: Corn, M. Lynne; Gelb, Bernard A. & Baldwin, Pamela
Partner: UNT Libraries Government Documents Department

Excited Utterances, "Testimonial" Statements, and the Confrontation Clause

Description: The United States Supreme Court will hear oral argument this term in appeals from two state supreme court cases, Hammon v. Indiana and Davis v. Washington, concerning the admissibility of “excited utterance” statements made by non-testifying witnesses at criminal trials. In the landmark Crawford v. Washington case in 2004, the Court held that the Sixth Amendment’s Confrontation Clause forbids hearsay “testimonial” evidence from being introduced against the accused unless the witness is unavailable to testify and the defendant has had a prior opportunity to crossexamine the witness. However, the Crawford Court declined to provide a comprehensive definition of “testimonial,” leaving such task “for another day.”
Date: December 14, 2005
Creator: Yeh, Brian T
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
Partner: UNT Libraries Government Documents Department

Federal and State Quarantine and Isolation Authority

Description: This report provides an overview of federal and state public health laws as they relate to the quarantine and isolation of individuals, a discussion of constitutional issues that may be raised should individual liberties be restricted in a quarantine situation, and federalism questions that may arise where federal and state authorities overlap. In addition, the possible role of the armed forces in enforcing public health measures is discussed, specifically whether the Posse Comitatus Act would constrain any military role, and other statutory authorities that may be used for the military enforcement of health measures.
Date: December 12, 2005
Creator: Swendiman, Kathleen S. & Elsea, Jennifer K.
Partner: UNT Libraries Government Documents Department