15 Matching Results

Search Results

Advanced search parameters have been applied.

The Ministerial Exception of the First Amendment: Employment Discrimination and Religious Organizations

Description: This report analyzes the history and constitutional bases for the ministerial exception and examines selected statutory provisions reflecting its protections under federal employment laws. The report examines the distinction between the constitutional and statutory protections for religious organizations and addresses critical questions involved in judicial consideration of the ministerial exception. It analyzes which employees may qualify as ministerial, the extent to which courts may defer to religious entities claiming the exception, and whether the exception may apply to any claim brought against a religious entity.
Date: December 10, 2014
Creator: Brown, Cynthia
Partner: UNT Libraries Government Documents Department

Special Counsels, Independent Counsels, and Special Prosecutors: Options for Independent Executive Investigations

Description: This report analyzes the use of special prosecutors and independent counsels that were authorized under now-expired provisions of the Ethics in Government Act of 1978, as well as the use of special counsels that are currently authorized by Department of Justice (DOJ) regulations. It also addresses constitutional considerations in establishing independent inquiries to address perceived conflicts of interest between investigating officials and the officials being investigated.
Date: June 1, 2017
Creator: Brown, Cynthia
Partner: UNT Libraries Government Documents Department

The Foreign Agents Registration Act (FARA): A Legal Overview

Description: This report examines the nature and scope of the current regulatory scheme, including the scope of FARA's application to agents of foreign principals; what the statute requires of those covered under the Act; exemptions available under the statute; and methods of enforcement. The report concludes by discussing various legislative proposals to amend FARA in the 115th Congress.
Date: December 4, 2017
Creator: Brown, Cynthia
Partner: UNT Libraries Government Documents Department

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

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.
Date: April 6, 2015
Creator: Brown, Cynthia
Partner: UNT Libraries Government Documents Department

Federal Aid for Reconstruction of Houses of Worship: A Legal Analysis

Description: This report examines the constitutional rules governing federal funding for religious buildings and analyzes the Court's previous decisions on this issue. It also analyzes more recent lower court and administrative opinions that have distinguished the Court's decisions and allowed public funds to be awarded to houses of worship.
Date: October 19, 2015
Creator: Brown, Cynthia
Partner: UNT Libraries Government Documents Department

Advising the President: Rules Governing Access and Accountability of Presidential Advisors

Description: This Sidebar examines three categories of Presidential advisors and the related ethics requirements and limitations that apply to their respective roles: employees who serve full-time, regular appointments; outside advisors who are formally appointed to temporary roles; and informal, personal advisors with whom the President consults.
Date: August 6, 2018
Creator: Brown, Cynthia
Partner: UNT Libraries Government Documents Department

Calling Balls and Strikes: Ethics and Supreme Court Justices

Description: This report examines questions related to the integrity and independence of the Supreme Court, and Congress's potential role in regulating the ethics of the Supreme Court Justices. For example: What mechanisms ensure the integrity of Justices as federal officials? Are Justices subject to any rules of ethical conduct? How might such ethics rules be enforced?
Date: August 20, 2018
Creator: Brown, Cynthia
Partner: UNT Libraries Government Documents Department

The United Nations Convention on the Rights of Persons with Disabilities: Issues in the U.S. Ratification Debate

Description: This report discusses the United Nations Convention on the rights of persons with disabilities; its purpose is to promote, protect, and ensure the full and equal enjoyment of all human rights and fundamental freedoms by persons with disabilities.
Date: January 21, 2015
Creator: Blanchfield, Luisa & Brown, Cynthia
Partner: UNT Libraries Government Documents Department

Expulsion of Members of Congress: Legal Authority and Historical Practice

Description: This report discusses the nature of the power of Congress to remove a Member, including the historical background of the Clause, the implications of the limited judicial interpretations of the Clause's meaning, and other potential constitutional limitations in the exercise of the expulsion power. The report then analyzes the potential grounds upon which a Member might be expelled, including an overview of past cases resulting in expulsion and a discussion of the potential exercise of the expulsion power for conduct occurring prior to the Member's election or reelection to Congress.
Date: January 11, 2018
Creator: Brown, Cynthia & Garvey, Todd
Partner: UNT Libraries Government Documents Department

Special Counsels, Independent Counsels, and Special Prosecutors: Legal Authority and Limitations on Independent Executive Investigations

Description: This report analyzes the use of special prosecutors and independent counsels that were authorized under now-expired provisions of the Ethics in Government Act of 1978, as well as the use of special counsels that are currently authorized by DOJ regulations. A glossary of terms at the beginning of the report briefly defines these italicized terms (see Table 1). The report continues with an examination of various constitutional issues relevant to these efforts.
Date: April 13, 2018
Creator: Brown, Cynthia & Cole, Jared P.
Partner: UNT Libraries Government Documents Department

California Drought: Hydrological and Regulatory Water Supply Issues

Description: This report provides a summary of California's 2012-2015 drought including: comparisons, where applicable, to previous droughts; a summary of the key regulatory requirements that at certain times limit water deliveries (or exports) from the San Joaquin and Sacramento Rivers' Delta; and a brief discussion of California water rights with their relation to different types of federal contracts and their associated water allocations.
Date: August 14, 2015
Creator: Cody, Betsy A.; Folger, Peter & Brown, Cynthia
Partner: UNT Libraries Government Documents Department

Supreme Court October Term 2016: A Review of Select Major Rulings

Description: This report highlights four particularly notable cases the Court heard and ruled on during the October 2016 term: Matal v. Tam, which examines the interplay between the First Amendment and trademark law; Sessions v. Morales-Santana, a case exploring the relationship between immigration law and the Court's Equal Protection jurisprudence; Trinity Lutheran Church of Columbia, Inc. v. Comer, the latest chapter in the Court's Free Exercise jurisprudence; and Ziglar v. Abbasi, a case limiting the types of damages claims that can be asserted against federal officers for alleged constitutional violations under the Bivens doctrine. Each case is addressed in a separate section below, which provides background information on the case; summarizes the arguments that were presented to the Court; explains the Court's ultimate ruling; and examines the implications that the Court's ruling could have for Congress, including broader ramifications for jurisprudence in a given area of law.
Date: September 15, 2017
Creator: Nolan, Andrew; Brown, Cynthia; Garcia, Michael John; Lewis, Caitlin Devereaux & Peck, Sarah Herman
Partner: UNT Libraries Government Documents Department

Asian Carp and the Great Lakes Region

Description: Four species of non-indigenous Asian carp are expanding their range in U.S. waterways, resulting in a variety of concerns and problems. This report details the environmental and economic threats from this invasion, as well as ways to combat the spread of Asian carp in U.S. water.
Date: April 15, 2011
Creator: Buck, Eugene H.; Upton, Harold F.; Stern, Charles V. & Brown, Cynthia
Partner: UNT Libraries Government Documents Department