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Abortion: Judicial History and Legislative Response

Description: The focus of this report is on legislative action with respect to abortion, and discussion of the various legislative proposals that involves an examination of the leading Supreme Court decisions concerning a woman's right to choose
Date: March 24, 2014
Creator: Shimabukuro, Jon O.
Partner: UNT Libraries Government Documents Department

CRS Issue Statement on Abortion, Family Planning, and Reproductive Health

Description: The 111th Congress will likely consider a variety of issues involving family planning and reproductive health. Legislation related to family planning and Title X of the Public Health Service Act, including appropriations measures that could affect the funding of Title X family planning initiatives, is expected.
Date: March 13, 2009
Creator: Shimabukuro, Jon O.
Partner: UNT Libraries Government Documents Department

Collective Bargaining and Employees in the Public Sector

Description: This report examines the collective bargaining rights of federal, state, and local workers. The report also discusses the constitutional concerns that may be raised by state legislation that attempts to invalidate existing collective bargaining agreements.
Date: March 30, 2011
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 Employee Free Choice Act

Description: This report discusses legislative attempts to amend the National Labor Relations Act ("NLRA") to allow for union certification without an election, based on signed employee authorizations. The Employee Free Choice Act ("EFCA") has been introduced in the past three Congresses to allow union certification based on signed authorizations, provide a process for the bargaining of an initial agreement, and prescribe new penalties for certain unfair labor practices.
Date: January 26, 2009
Creator: Shimabukuro, Jon O.
Partner: UNT Libraries Government Documents Department

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

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

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

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. 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 may 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: July 13, 2006
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

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