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The "8(a) Program" for Small Businesses Owned and Controlled by the Socially and Economically Disadvantaged: Legal Requirements and Issues

Description: This report provides a brief history of the 8(a) Program, summarizes key requirements, and discusses legal challenges alleging that the program's presumption that members of certain racial and ethnic groups are socially disadvantaged violates the constitutional guarantee of equal protection.
Date: October 12, 2012
Creator: Manuel, Kate M. & Luckey, John R.
Partner: UNT Libraries Government Documents Department
open access

“Amazon” Laws and Taxation of Internet Sales: Constitutional Analysis

Description: This report covers ways in which states are attempting to capture taxes on Internet sales. Two basic approaches include imposing tax collection responsibilities on the retailer, and requiring remote sellers to provide tax information to the state and/or it's customers. This report covers the legality of both options.
Date: July 26, 2012
Creator: Lunder, Erika K. & Luckey, John R.
Partner: UNT Libraries Government Documents Department
open access

Federal Estate, Gift, and Generation-Skipping Taxes: A Description of Current Law

Description: This report contains an explanation of the major provisions of the federal estate, gift, and generation-skipping transfer taxes. The discussion divides the federal estate tax into three components: the gross estate, deductions from the gross estate, and computation of the tax, including allowable tax credits. The federal estate tax is computed through a series of adjustments and modifications of a tax base known as the "gross estate." Certain allowable deductions reduce the gross estate to the … more
Date: May 4, 2012
Creator: Luckey, John R.
Partner: UNT Libraries Government Documents Department
open access

Domestic Content Legislation: The Buy American Act and Complementary Little Buy American Provisions

Description: Congress has broad authority to place conditions on the purchases made by the federal government or with federal dollars. One of many conditions that it has placed on direct government purchases is a requirement that they be produced in the United States. The most well-known of these requirements is the Buy American Act, which is the major domestic preference statute governing procurement by the federal government. This report summarizes (1) the Buy American Act, what it does and does not cover… more
Date: April 25, 2012
Creator: Luckey, John R.
Partner: UNT Libraries Government Documents Department
open access

Flag Protection: A Brief History and Summary of Supreme Court Decisions and Proposed Constitutional Amendments

Description: The first part of the report gives a brief history of the flag protection issue, from the enactment of the flag protection act in 1968 through consideration of a constitutional amendment. The second part briefly summarizes the two decisions of the United States Supreme court.
Date: February 7, 2012
Creator: Luckey, John R.
Partner: UNT Libraries Government Documents Department
open access

The United States Flag: Federal Law Relating to Display and Associated Questions

Description: This report presents, verbatim, the United States "Flag Code" as found in Title 4 of the United States Code and the section of Title 36 which designates the Star-Spangled Banner as the national anthem and provides instructions on how to display the flag during its rendition. The report also addresses several of the frequently asked questions concerning the flag.
Date: January 24, 2011
Creator: Luckey, John R.
Partner: UNT Libraries Government Documents Department
open access

Flag Protection: A Brief History and Summary of Supreme Court Decisions and Proposed Constitutional Amendments

Description: This report is divided into two parts. The first gives a brief history of the flag protection issue, from the enactment of the Flag Protection Act in 1968 through current consideration of a constitutional amendment. The second part briefly summarizes the two decisions of the United States Supreme Court, Texas v. Johnson and United States v. Eichman, that struck down the state and federal flag protection statutes as applied in the context punishing expressive conduct.
Date: January 20, 2011
Creator: Luckey, John R.
Partner: UNT Libraries Government Documents Department
open access

Location-Based Preferences in Federal and Federally Funded Contracting: An Overview of the Law

Description: This report discusses constitutional and other legal issues related to the creation and implementation of location-based preferences in federal contracting, as well as summarizes key authorities requiring or allowing federal agencies to "favor" contractors located in specific places. The report does not address federal preferences for domestic products or provisions of federal law that could, depending upon their implementation, effectively prefer local contractors, such as project labor agreem… more
Date: December 30, 2010
Creator: Luckey, John R. & Manuel, Kate M.
Partner: UNT Libraries Government Documents Department
open access

Location-Based Preferences in Federal and Federally Funded Contracting: An Overview of the Law

Description: This report discusses constitutional and other legal issues related to the creation and implementation of location-based preferences in federal contracting, as well as summarizes key authorities requiring or allowing federal agencies to "favor" contractors located in specific places. The report does not address federal preferences for domestic products or provisions of federal law that could, depending upon their implementation, effectively prefer local contractors, such as project labor agreem… more
Date: October 1, 2010
Creator: Luckey, John R. & Manuel, Kate M.
Partner: UNT Libraries Government Documents Department
open access

Inherently Governmental Functions and Department of Defense Operations: Background, Issues, and Options for Congress

Description: This report provides background, issues, and options for Congress on defining inherently governmental functions within the context of U.S. Department of Defense operations.
Date: February 1, 2010
Creator: Luckey, John R.; Bailey Grasso, Valerie & Manuel, Kate M.
Partner: UNT Libraries Government Documents Department
open access

Inherently Governmental Functions and Department of Defense Operations: Background, Issues, and Options for Congress

Description: An "inherently governmental function" is one that, as a matter of law and policy, must be performed by federal government employees and cannot be contracted out because it is "intimately related to the public interest." This report explores various sides of the debate as to what exactly constitutes an "inherently governmental function," as there is currently no one uniform definition. Congress is concerned that inconsistent definitions may lead to improperly contracted jobs.
Date: June 22, 2009
Creator: Luckey, John R.; Grasso, Valerie Bailey & Manuel, Kate M.
Partner: UNT Libraries Government Documents Department
open access

Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendments

Description: The first part of the report gives a brief history of the flag protection issue, from the enactment of the flag protection act in 1968 through consideration of a constitutional amendment. The second part briefly summarizes the two decisions of the United States Supreme court.
Date: June 15, 2009
Creator: Luckey, John R.
Partner: UNT Libraries Government Documents Department
open access

Inherently Governmental Functions and Department of Defense Operations: Background, Issues, and Options for Congress

Description: An "inherently governmental function" is one that, as a matter of law and policy, must be performed by federal government employees and cannot be contracted out because it is "intimately related to the public interest." This report explores various sides of the debate as to what exactly constitutes an "inherently governmental function," as there is currently no one uniform definition. Congress is concerned that inconsistent definitions may lead to improperly contracted jobs.
Date: June 15, 2009
Creator: Luckey, John R.; Grasso, Valerie Bailey & Manuel, Kate M.
Partner: UNT Libraries Government Documents Department
open access

Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendments

Description: Many Members of Congress see continued tension between "free speech" decisions of the Supreme Court, which protect flag desecration as expressive conduct under the First Amendment, and the symbolic importance of the United States flag. This report is divided into two parts. The first gives a brief history of the flag protection issue, from the enactment of the Flag Protection Act in 1968 through current consideration of a constitutional amendment. The second part briefly summarizes the two deci… more
Date: January 7, 2009
Creator: Luckey, John R.
Partner: UNT Libraries Government Documents Department
open access

The Buy American Act: Requiring Government Procurements to Come from Domestic Sources

Description: The Buy American Act is the major domestic preference statute governing procurement by the federal government. Essentially it attempts to protect domestic labor by providing a preference for American goods in government purchases. In the 110th Congress a new reporting requirement was added to the Buy American Act. The Buy American Improvement Act of 2007 would make statutory the definition of "American made," increase the domestic content requirement from 50% to 75%, and place limits upon the "… more
Date: August 29, 2008
Creator: Luckey, John R.
Partner: UNT Libraries Government Documents Department
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