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The Law of Church and State: Public Aid to Sectarian Schools

Description: This report gives a brief overview of the evolution of the Court's interpretation of the Establishment Clause in this area and analyzes the categories of aid that have been addressed by the Court. The report explains which categories have been held to be constitutionally permissible or impermissible, both at the elementary and secondary school level and at the postsecondary level. The report also briefly addresses a set of cases (Arizona Christian School Tuition Organization v. Winn; Garriott v. Winn) currently before the Court regarding the constitutionality of an Arizona statute that permits individuals to claim a tax credit for certain donations to school tuition organizations that use the funds for scholarships to private and, in some instances, religious schools.
Date: November 29, 2010
Creator: Brougher, Cynthia
Partner: UNT Libraries Government Documents Department

Nondiscrimination in Environmental Regulation: A Legal Analysis

Description: This report will examine the relevant legal authorities that may be asserted to address disproportionate impacts that result from how an agency implements environmental regulations, including the Equal Protection Clause of the U.S. Constitution, Title VI of the Civil Rights Act of 1964, and various environmental and conservation statutes. It will discuss administrative efforts to address "environmental justice," a term used by some advocates to refer to the distribution of environmental quality across various demographic groups, including the Environmental Protection Agency's (EPA's) Plan EJ 2014. It will also analyze the use of these authorities to prevent such impacts and the likelihood of success for future challenges under each legal theory.
Date: February 6, 2013
Creator: Brougher, 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: July 23, 2014
Creator: Brougher, Cynthia
Partner: UNT Libraries Government Documents Department

Federal Liability for Flood Damage Related to Army Corps of Engineers Projects

Description: This report examines selected issues of the federal government's liability depending on the theory of the levee failures, and analyzes legal defenses available to the federal government. The report uses flood damage related to Hurricane Katrina as an illustration of these legal issues regarding federal liability, but the general principles in the analysis would apply to flood damage resulting from any such flood control project.
Date: July 11, 2008
Creator: Brougher, Cynthia
Partner: UNT Libraries Government Documents Department

Flood Damage Related to Army Corps of Engineers Projects: Selected Legal Issues

Description: This report examines federal liability for flood damage and analyzes legal defenses available to the federal government. Specifically, it provides an overview of the discretionary function exemption under the Federal Tort Claims Act (FTCA) and immunity under the Flood Control Act of 1928 (FCA) as applied to Corps projects. The report also considers the Corps’ potential liability for damages caused by levee failure during Hurricane Katrina and the activation of floodways during the 2011 Mississippi flooding.
Date: June 7, 2011
Creator: Brougher, Cynthia
Partner: UNT Libraries Government Documents Department

The Law of Church and State: Public Aid to Sectarian Schools

Description: This report gives a brief overview of the evolution of the U.S. Supreme Court's interpretation of the Establishment Clause of the First Amendment in regards to sectarian schools at all levels. It analyzes the categories of aid that have been addressed by the Court and also explains which categories have been held to be constitutionally permissible or impermissible, both at the elementary and secondary school level and at the college level. The report also briefly discusses H.R. 1 of the 111th Congress, economic stimulus legislation that includes provisions that would provide assistance to institutions of higher education for modernization, renovation, and repair of facilities.
Date: February 5, 2009
Creator: Brougher, Cynthia
Partner: UNT Libraries Government Documents Department

Water Rights Related to Oil Shale Development in the Upper Colorado River Basin

Description: Concerns over fluctuating oil prices and declining petroleum production worldwide have revived interest in oil shale as a potential resource. The Energy Policy Act of 2005 (P.L. 109-58) identified oil shale as a strategically important domestic resource and directed the Department of the Interior to promote commercial development. Oil shale development would require significant amounts of water, however, and water supply in the Colorado River Basin, where several oil shale reserves are located, is limited. This report will provide a brief overview of water rights in Colorado, Utah, and Wyoming, including changes that may be made to currently held water rights and the possibility for abandonment of unused water rights.
Date: November 18, 2008
Creator: Brougher, Cynthia
Partner: UNT Libraries Government Documents Department

Free Exercise of Religion by Secular Organizations and Their Owners: Implications for the Affordable Care Act (ACA)

Description: This report examines the constitutional and statutory protections related to free exercise of religion, including current Supreme Court interpretations, as well as judicial and legislative avoidance of defining the parameters of religious belief. It also discusses significant examples of existing religious exemptions in current law, such as employment nondiscrimination, health care, and public accommodations law. Finally, it analyzes recent federal judicial decisions that have considered the religious freedom rights of commercial entities whose owners have religious objections to the contraceptive coverage requirement.
Date: March 21, 2014
Creator: Brougher, Cynthia
Partner: UNT Libraries Government Documents Department

California Water Law and Related Legal Authority Affecting the Sacramento-San Joaquin Delta

Description: This report provides a summary of California's dual system of water rights, which includes riparian and prior appropriation doctrines, and regulation of those rights by the state. In particular, the report discusses considerations used in the process of regulating water usage, including the public trust doctrine, the rule of beneficial use, and the no injury rule. The report discusses the California water projects, the projects' rights, and access to water by other users.
Date: July 1, 2008
Creator: Brougher, Cynthia
Partner: UNT Libraries Government Documents Department

Legal Standing Under the First Amendment's Establishment Clause

Description: This report analyzes the constitutional issues associated with standing, specifically related to cases arising under the Establishment Clause. It provides a background on the doctrine of standing, including the U.S. Supreme Court's interpretation of various types of standing, including standing to sue as a citizen, as a taxpayer, and on behalf of another party.
Date: September 15, 2009
Creator: Brougher, Cynthia
Partner: UNT Libraries Government Documents Department

Legal Standing Under the First Amendment's Establishment Clause

Description: This report analyzes the constitutional issues associated with standing (a restraint on the power of federal courts to render decisions), specifically related to cases arising under the Establishment Clause of the First Amendment regarding religion. It provides a background on the doctrine of standing, including the U.S. Supreme Court's interpretation of various types of standing: standing to sue as a citizen, as a taxpayer, and on behalf of another party. It also examines the current standing rules related to the Establishment Clause.
Date: April 5, 2011
Creator: Brougher, Cynthia
Partner: UNT Libraries Government Documents Department

Legal Analysis of Religious Exemptions for Photo Identification Requirements

Description: Report that analyzes the legal issues associated with religious exemptions to photo identification laws, lawsuits that have challenged state photo requirements, and factors that may be relevant in future decisions that may arise related to federal photo identification requirements and state voter identification requirements.
Date: September 5, 2012
Creator: Brougher, Cynthia
Partner: UNT Libraries Government Documents Department

Legal Issues Related to Funding for Religious Schools in P.L. 111-5, the American Recovery and Reinvestment Act of 2009

Description: This report will provide a brief overview of the prohibition on the use of funds by institutions of higher education, including proposals considered by the House and Senate before the American Recovery and Reinvestment Act of 2009 (ARRA, P.L. 111-5) was enacted. It will also analyze the constitutionality of the distribution of federal money to religious schools in the context of common questions raised by these provisions.
Date: March 5, 2009
Creator: Brougher, Cynthia
Partner: UNT Libraries Government Documents Department

Legal Analysis of Religious Exemptions for Photo Identification Requirements

Description: This report analyzes the legal issues associated with religious exemptions to photo identification laws. Although no lawsuits appear to have challenged federal laws with photo requirements, state photo identification laws have been challenged for several decades.
Date: April 13, 2009
Creator: Brougher, Cynthia
Partner: UNT Libraries Government Documents Department

Service by a Member of Congress in the U.S. Armed Forces Reserves

Description: This report will analyze the legal issues related to Members of Congress serving in the Armed Forces Reserves during their congressional tenure. It will discuss previous congressional action regarding Members' simultaneous service as well as federal legislation addressing the status of Reservists. It will also analyze court decisions related to challenges to simultaneous service.
Date: June 10, 2009
Creator: Brougher, Cynthia
Partner: UNT Libraries Government Documents Department

Religion and the Workplace: Legal Analysis of Title VII of the Civil Rights Act of 1964 as It Applies to Religion and Religious Organizations

Description: This report reviews the scope of Title VII as it applies to religion and religious organizations and the requirements of the anti-discrimination protections and the accommodations provision. It also analyzes the exemptions available to religious organizations for the non-discrimination rules.
Date: January 20, 2011
Creator: Brougher, Cynthia
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

Requiring Individuals to Obtain Health Insurance: A Constitutional Analysis

Description: This report first analyzes the authority of Congress to pass a proposal of this nature, as well as how a court could analyze this type of proposal if there were to be a constitutional challenge based on various provisions of the Fifth Amendment. Finally, this report discusses whether there must be exceptions to a requirement to purchase health insurance based on First Amendment freedom of religion.
Date: July 24, 2009
Creator: Staman, Jennifer & Brougher, Cynthia
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 Religious Expression: Selected Legal Issues

Description: This report provides an overview of the requirements of the First Amendment related to military personnel's religious exercise. Specifically, the report examines the limitations placed on servicemembers in uniform in the exercise of their religious beliefs as well as 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: April 8, 2010
Creator: Mason, R. C. & Brougher, Cynthia
Partner: UNT Libraries Government Documents Department

Great Lakes Water Withdrawals: Legal and Policy Issues

Description: This report describes the characteristics of the Great Lakes, the interests they support, and possible threats to lake levels. It analyzes the federal laws and policies that regulate the diversion, withdrawal, and consumptive use of water from the Great Lakes. Also included is a discussion of the final Compact and Agreement and some of the issues raised by various interest groups. This report concludes with a general discussion on the relationship between compacts, federal law, and the Congress.
Date: September 4, 2009
Creator: Sheikh, Pervaze A. & Brougher, Cynthia
Partner: UNT Libraries Government Documents Department