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Abortion: Justice O'Connor's Opinions

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.
Date: July 15, 2005
Creator: Shimabukuro, Jon O.
Partner: UNT Libraries Government Documents Department

Background and Legal Issues Related to Stem Cell Research

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.
Date: October 26, 2004
Creator: Shimabukuro, Jon O.
Partner: UNT Libraries Government Documents Department

Abortion and Whole Woman's Health v. Hellerstedt

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.
Date: March 28, 2016
Creator: Shimabukuro, Jon O.
Partner: UNT Libraries Government Documents Department

ERISA’s Impact on Medical Malpractice and Negligence Claims Against Managed Care Plans

Description: This report examines the Employee Retirement Income Security Act of 1974 (ERISA), which provides a comprehensive federal scheme for the regulation of employee pension and welfare benefit plans offered by employers. While ERISA does not require an employer to offer pension and welfare benefits, it does mandate compliance with its provisions if such benefits are offered. Congress enacted ERISA to eliminate the conflicting and inconsistent regulation of pension and employee welfare benefit plans by state laws. The provisions at issue in the preemption debate are sections 502(a) and 514(a) of ERISA.
Date: February 21, 2008
Creator: Shimabukuro, Jon O.
Partner: UNT Libraries Government Documents Department

Background and Legal Issues Related to Stem Cell Research

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.
Date: July 13, 2006
Creator: Shimabukuro, Jon O.
Partner: UNT Libraries Government Documents Department

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

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.
Date: January 8, 2008
Creator: Shimabukuro, Jon O.
Partner: UNT Libraries Government Documents Department

Enforceability of Mandatory Arbitration Agreements:

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
Date: January 12, 2001
Creator: Shimabukuro, Jon O.
Partner: UNT Libraries Government Documents Department

The Federal Arbitration Act: Background and Recent Developments

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.
Date: June 17, 2002
Creator: Shimabukuro, Jon O.
Partner: UNT Libraries Government Documents Department

The Federal Arbitration Act: Background and Recent Developments

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.
Date: August 15, 2003
Creator: Shimabukuro, Jon O.
Partner: UNT Libraries Government Documents Department

Collective Bargaining and Homeland Security

Description: This report discusses the personnel provisions of H.R. 5710, the Homeland Security Act of 2002, and the President’s existing authority under 5 U.S.C. § 7103(b)(1) to exclude the employees of certain agencies from the ability to bargain collectively. H.R. 5710, described as a revised version of the original White House proposal to create a new Department of Homeland Security, was passed by the House on November 13, 2002. H.R. 5710 includes language related to the President’s authority under 5 U.S.C. § 7103(b)(1). In addition, the report reviews the concept of successorship, whereby a union may retain its status as the exclusive representative of employees acquired by a new employer.
Date: September 5, 2002
Creator: Shimabukuro, Jon O.
Partner: UNT Libraries Government Documents Department

Collective Bargaining and Homeland Security

Description: This report discusses the personnel provisions of H.R. 5710, the Homeland Security Act of 2002, and the President’s existing authority under 5 U.S.C. § 7103(b)(1) to exclude the employees of certain agencies from the ability to bargain collectively. H.R. 5710, described as a revised version of the original White House proposal to create a new Department of Homeland Security, was passed by the House on November 13, 2002. H.R. 5710 includes language related to the President’s authority under 5 U.S.C. § 7103(b)(1). In addition, the report reviews the concept of successorship, whereby a union may retain its status as the exclusive representative of employees acquired by a new employer.
Date: November 18, 2002
Creator: Shimabukuro, Jon O.
Partner: UNT Libraries Government Documents Department

Electricity Restructuring and the Constitutionality of Retail Reciprocity Requirements

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.
Date: March 9, 2000
Creator: Shimabukuro, Jon O.
Partner: UNT Libraries Government Documents Department

Abortion: Judicial History and Legislative Response

Description: This report discusses legislative action related to abortion since the 1973 "Roe v. Wade" decision. Topics covered include Major Supreme Court cases related to abortion, restrictions on federal funding being used for abortions, and previous and current legislative actions related to abortion restriction.
Date: September 29, 2017
Creator: Shimabukuro, Jon O.
Partner: UNT Libraries Government Documents Department

Joint Employment and the Save Local Business Act

Description: This report discusses the proposed "Save Local Business Act" in the House and its provisions and implications for employers and employees in businesses where unions exist. The National Labor Relations Board (NLRB) broadening of the definition of what constituted a joint employer in the case of Browning-Ferris Industries of California led to resist by some in the business community and the "Save Local Business Act" seeks to restore the former more narrow definition of joint employers.
Date: November 15, 2017
Creator: Shimabukuro, Jon O.
Partner: UNT Libraries Government Documents Department