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Exploring the Limits of Executive Civil Rights Policymaking
Oklahoma Law Review Volume 61 Number 1 2008 Exploring the Limits of Executive Civil Rights Policymaking Stephen Plass St. Thomas University, [email protected] Follow this and additional works at: https://digitalcommons.law.ou.edu/olr Part of the Civil Rights and Discrimination Commons, Law and Race Commons, and the President/ Executive Department Commons Recommended Citation Stephen Plass, Exploring the Limits of Executive Civil Rights Policymaking, 61 OKLA. L. REV. 155 (2008), https://digitalcommons.law.ou.edu/olr/vol61/iss1/3 This Article is brought to you for free and open access by University of Oklahoma College of Law Digital Commons. It has been accepted for inclusion in Oklahoma Law Review by an authorized editor of University of Oklahoma College of Law Digital Commons. For more information, please contact [email protected]. EXPLORING THE LIMITS OF EXECUTIVE CIVIL RIGHTS POLICYMAKING STEPHEN PLASS* Racial equality for blacks remains a minefield issue for American presidents. Any position a president takes is bound to alienate someone. As a result, even a well-meaning president such as Bill Clinton has had to tread very carefully when addressing this topic.1 Popular attitudes shaped by the powerful continue to dictate the extent to which presidents are able to confront continuing racial discrimination and its legacy of inequality in American life.2 Although many laws ordaining racial equality have been written, discrimination remains a normal part of life in America. This reality makes the President’s role in this area almost as difficult -
2 0 1 2 Annualreport
2012 ANNUAL REPORT RECHARGED Served at Retail SERVICE AREA MAP Served at Wholesale Elk City Station Power Station Valley Station Landfill-gas plant Wind Generation Wind Turbine 6.2 megawatts OPPD Headquarters .66 megawatts Elkhorn Ridge Wind Farm 25-megawatt participation agreement Fort Calhoun Station Crofton Bluffs Wind Farm Nuclear plant, 478.6 megawatts 13.6-megawatt participation North Omaha Station agreement Coal & natural-gas plant, 626.7 megawatts OPPD Headquarters Jones Street Station Oil plant, 122.7 megawatts Sarpy County Station Oil & natural-gas plant, 315.3 megawatts Cass County Station Natural-gas plant, 323.2 megawatts Ainsworth Wind Farm Nebraska City Station Unit 1 10-megawatt participation Coal plant, 651.5 megawatts agreement Nebraska City Station Unit 2 Petersburg Wind Farm Coal plant, 684.6 megawatts Broken Bow I Wind Farm 40.5-megawatt participation 18-megawatt participation agreement agreement Flat Water Wind Farm 60-megawatt participation About oppd agreement Omaha Public Power District is a publicly owned electric utility that serves a population of 780,455 people, more than any other electric utility in the state. Founded in 1946 as a public entity, the business-managed utility is governed by an elected board of eight directors. While its headquarters is located in Omaha, Neb., OPPD has several other locations in its 13-county, 5,000-square-mile service area in southeast Nebraska. The majority of OPPD’s power comes from three baseload power plants: North Omaha Station and Nebraska City Station, both coal-fired plants, and Fort Calhoun Station, a nuclear power plant. Additional energy comes from three peaking plants and renewable energy resources, including a landfill-gas plant and wind turbines. -
Nebraska Transit Corridors Study Commuter Rail and Express Bus Options Evaluation
Nebraska Transit Corridors Study Commuter Rail and Express Bus Options Evaluation Final Report Prepared for: Nebraska Transit and Rail Advisory Council (NTRAC) Assisted by the Nebraska Department of Roads (NDOR) Prepared by: Wilbur Smith Associates and HWS Consulting Group December 23, 2003 Executive Summary NEBRASKA TRANSIT CORRIDORS STUDY PROJECT OVERVIEW The increasing suburbanization of metropolitan areas across the United States has prompted a remarkable revival of regional transit. For the first time in decades, several new commuter railroads have been introduced. States also are continuing a trend in sponsoring new intercity rail passenger services. Where either commuter rail or intercity rail is not appropriate, public transportation authorities have begun initiating new commuter or express bus and even Bus Rapid Transit (BRT) solutions. All these modes are aimed at one goal – providing enhanced mobility by giving people meaningful choices of how to travel. This goal is at the heart of the Nebraska Transit Corridor Study. The study was sponsored by the Nebraska Transit and Rail Advisory Council (NTRAC), which was created by the State Legislature in 1999 to assess the transportation demand and needs of current and future commuters. Driving the study is the growth in commuter and intercity trips. Along with this growth is the need for enhanced mobility beyond what can be provided by more lanes for congested roadways. Accordingly, the purpose of this study has been to identify: x New transit corridors between Nebraska cities; and x The modal options appropriate for corridor conditions. The study has also sought to identify the new steps toward implementation for feasible transit options. -
Association of American Law Schools Section on Labor Relations and Employment Law: Tributes Honoring Senior Law Professors
ASSOCIATION OF AMERICAN LAW SCHOOLS SECTION ON LABOR RELATIONS AND EMPLOYMENT LAW: TRIBUTES HONORING SENIOR LAW PROFESSORS A TRIBUTE HONORING JAMES E. JONES, JR.* Professor Vicki Schultz**: Good morning. I'm Vicki Schultz, the 2004 Chair of the Labor and Employment Law Section of the Association of American Law Schools. Last year, my predecessor, Professor Roberto Corrada, initiated a practice of having our section honor someone who has made a significant contribution to our field. This morning, it is my great pleasure to be able to honor my dear friend and colleague James E. Jones, Jr., the Nathan P. Feinsinger Professor of Labor Law, Emeritus at the University of Wisconsin Law School and the School of Labor and Industrial Relations. There is so much to say about this brilliant and big-hearted man; I can't even begin to cover his many achievements in the time available. So, let me simply touch on a few of his most significant contributions to the law, the field, and the university he loves so much, and to his students and colleagues, who, in turn, love him so much. I. DEVELOPING EARLY AFFIRMATIVE ACTION LAW Before he joined the legal academy, Professor Jones had already had a significant career in the United States Department of Labor. He began as a legislative attorney, progressed to Counsel for Labor Relations, Director of the Office of Labor Management Policy Development, and then became Associate Solicitor, Division of Labor Relations and Civil Rights in the Office of the Solicitor of Labor. During that phase of his career, Professor Jones played an important role in developing and defending the emerging concept of affirmative action in employment. -
The Surprisingly Contentious History of Executive Orders | Huffpost
4/2/2020 The Surprisingly Contentious History Of Executive Orders | HuffPost Ben Feuer, Contributor Chairman, California Appellate Law Group The Surprisingly Contentious History Of Executive Orders Cries of “unprecedented” executive action on both sides are more histrionic than historical. 02/02/2017 04:59 am ET | Updated Feb 03, 2017 Despite howls that Presidents Trump and Obama both issued “unprecedented” executive orders, presidents have embraced executive actions to enact controversial policies since the dawn of the Republic. https://www.huffpost.com/entry/the-surprisingly-contentious-history-of-executive-orders_b_58914580e4b04c35d583546e 1/8 4/2/2020 The Surprisingly Contentious History Of Executive Orders | HuffPost NICHOLAS KAMM/AFP/GETTY IMAGES Recently, USA Today savaged President Trump’s executive orders since taking office, from encouraging Keystone XL approval to altering immigration policy, as an “unprecedented blizzard.” In 2014, the Washington Post raked President Obama for his Deferred Action immigration directives, more commonly called DACA and DAPA, deeming them “unprecedented” and “sweeping,” while Ted Cruz published an op-ed in the Wall Street Journal lashing Obama’s “imperial” executive order hiking the minimum wage for federal contractors as one with “no precedent.” A 2009 piece in Mother Jones lamented a President George W. Bush executive order allowing former-presidents and their families to block the release of presidential records as — you guessed it — “unprecedented.” With all the talk of precedent, you might think executive orders historically did little more than set the White House lawn watering schedule. But the reality is that presidents have long employed executive actions to accomplish strikingly controversial objectives without congressional approval. -
List of United States Federal Executive Orders
List of United States federal executive orders This list is incomplete; you can help by expanding it. • 1914: Executive Order 1888: Providing conditions of employment for the Permanent Force for the Panama Canal[7] Executive orders are issued by United States presidents to help officers and agencies of the executive branch manage • 1918: Executive Order 2859: National Research operations within the federal government. Council of the National Academy of Sciences[8] At the federal level of government in the United States, • 1927: Executive Order 4601: Authorization of the laws are made almost exclusively by legislation. Such Distinguished Flying Cross [9] legislation originates as an Act of Congress passed by the Congress of the United States (and its predecessor, the Continental Congress); such acts were either signed into law by the President or passed by Congress after a 4 Herbert Hoover (1929–1933) presidential veto. [10] However, legislation is not the only source of regulations EOs 5075–6070 which have the force of law. There is also judge-made common law and constitutional law. The President can issue executive orders pursuant to a grant of discretion 5 Franklin D. Roosevelt (1933– from Congress, or under the inherent powers that office 1945) holds to deal with certain matters of foreign policy. Many early executive orders were not recorded. The Administration of Franklin D. Roosevelt Executive Orders Dis- State Department began numbering executive orders in position Tables[11] the early 20th century, starting retroactively from Presi- dent Abraham Lincoln's Executive Order Establishing a Executive Orders 6071–9537 Provisional Court in Louisiana issued in 1862. -
Affirmative Action Vs Diversity
Affirmative Action vs. Diversity - By Shirley J. Wilcher The Quest for Opportunity in a 21st Century World There has been much debate about affirmative action and diversity since President John F. Kennedy signed Executive Order 10925 in 1961. 2 As we approach the 50th Anniversary of the Order it is timely to reflect upon affirmative action and the difference between this concept and the more recent theory and practice of “diversity.” While the terms are often used interchangeably, there are fundamental differences between the two, but they are inextricably linked. In its Final Report to President Eisenhower, the President's Committee on Government Contracts, headed by vice president Richard Nixon, concluded: Overt discrimination, in the sense that an employer actually refuses to hire solely because of race, religion, color, or national origin is not as prevalent as is generally believed. To a greater degree, the indifference of employers to establishing a positive policy of nondiscrimination hinders qualified applicants and employees from being hired and promoted on the basis of equality .3 President Kennedy incorporated the concept of “affirmative action” into Executive Order 10925, which he issued in 1961. Executive Order 10925 imposed on all covered contractors a general obligation requiring positive steps designed to overcome obstacles to equal employment opportunity. In 1965, President Lyndon Baines Johnson signed Executive Order 11246, which gave the Secretary of Labor responsibility for administration and enforcement of the Order mandating that contractors not discriminate against any employees or qualified applicants because of race, color, religion, sex or national origin. Contractors were to take affirmative action to ensure nondiscrimination in employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. -
B-1 John W Barriger III Papers Finalwpref.Rtf
A Guide to the John W. Barriger III Papers in the John W. Barriger III National Railroad Library A Special Collection of the St. Louis Mercantile Library at the University of Missouri St. Louis This project was made possible by a generous grant From the National Historical Publications and Record Commission an agency of the National Archives and Records Administration and by the support of the St. Louis Mercantile Library at the University of Missouri St. Louis © 1997 The St. Louis Mercantile Library Association i Preface and Acknowledgements This finding aid represents the fruition of years of effort in arranging and describing the papers of John W. Barriger III, one of this century’s most distinguished railroad executives. It will serve the needs of scholars for many years to come, guiding them through an extraordinary body of papers documenting the world of railroading in the first two-thirds of this century across all of North America. In every endeavor, there are individuals for whom the scope of their involvement and the depth of their participation makes them a unique participant in events of historical importance. Such was the case with John Walker Barriger III (1899-1976), whose many significant roles in the American railroad industry over almost a half century from the 1920s into the 1970s not only made him one of this century’s most important railroad executives, but which also permitted him to participate in and witness at close hand the enormous changes which took place in railroading over the course of his career. For many men, simply to participate in the decisions and events such as were part of John Barriger’s life would have been enough. -
Historic Flood Contents
Historic Flood Contents On the cover: Fort Calhoun Nuclear Station 2 Safety First shown on June 15. Safety messaging was reinforced heavily as employees fought flooding. 3 Plan Springs from Year 2000 Work Although more than a decade apart, one year impacted the other in ways that no one at OPPD could have predicted. 5 Energized Workers Protect Power Plants 10 T&D and Substation Meet Challenges 13 Counting the Cost Tracking and categorizing OPPD’s flood-related costs in pursuit of FEMA reimbursement is a huge task. 14 Arming Employees to Fight the Flood When rising waters threatened OPPD facilities, a variety of supplies and equipment were brought in to help meet challenges. 16 The Little Dam That Could Gavins Point Dam served as a critical gate to help contain the floodwaters. Without the dam, it could have been much worse. 18 Flood Hardships Can’t Dampen Spirits Sense of family – and humor – bolster OPPD employees amid property loss, lengthy commutes and months of stress. Hey, Carl, let's blow this admin parking lot. 22 News of Flood Spread Across Globe OPPD communicators used many tools to disseminate information, I hear there's more to eat over at the squelch rumors and keep flood fighters on the same track. training center lot. : Vol. 91, No. 6, November/December 2011 Published bimonthly by the Corporate Commu- Contributing Staff Senior Management nications Division, Flash magazine provides OPPD DJ Clarke Chris Cobbs W. Gary Gates ........................................President employees and retirees with strategic industry- and Django Greenblatt-Seay Jeff Hanson Dave Bannister ................................Vice President job-related news, and human-interest articles about Sharon Jefferson Mike Jones Timothy J. -
FEDERAL REGISTER VOLUME 33 • NUMBER 43 Saturday, March 2, 1968 • Washington, D.C
FEDERAL REGISTER VOLUME 33 • NUMBER 43 Saturday, March 2, 1968 • Washington, D.C. Pages 4087-4130 Agencies in this issue— The President Agency for International Development Atomic Energy Commission Business and Defense Services Administration Civil Aeronautics Board Civil Service Commission Commodity Credit Corporation Consumer and Marketing Service Federal Aviation Administration Federal Communications Commission Federal Maritime Commission Federal Trade Commission Fish and Wildlife Service Food and Drug Administration Interior Department Internal Revenue Service Interstate Commerce Commission Land Management Bureau Packers and Stockyards Administration Securities and Exchange Commission Detailed list o f Contents appears inside. 2-year Compilation Presidential Documents Code of Federal Regulations TITLE 3, 1964-1965 COMPILATION Contains the full text of Presidential Proclamations, Executive orders, reorganization plans, and other formal documents issued by the President and published in the Federal Register during the period January 1,1964- December 31, 1965. Includes consolidated tabular finding aids and a consolidated index. Price: $3.75 Compiled by Office of the Federal Register, National Archives and Records Service, General Services Administration Order from Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402 y a \ Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or on the day after an official Federal holiday), by the Office of the Federal Register, National FEDERALJpEGISTER Archives and Records Service, General Services Administration (mall address National Area Code 202 A ® ^ Phonepi.«»- 962-8626oao_ ba9a Archives Building, Washington, D.O. 20408), pursuant to the authority contained in tbe Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.O., Ch. -
Students Driven to Succeed Contents
Students Driven to Succeed Contents On the cover: Hundreds of students, teachers, 2 Engineering Model parents and others have been Technical savvy and people skills define Tom Burton, the OPPD Soci- impacted by Power Drive. ety of Engineers’ Engineer of the Year. 4 FCS Receives CAL from NRC Serving as another milestone in the road to restart and recovery at Fort Calhoun Station, the Nuclear Regulatory Commission issued a 2 Confirmatory Action Letter to OPPD on June 11. 6 Driven to Success For 13 years, the Power Drive program has given students an outlet to showcase their ingenuity and creativity. 10 Rebuilding the Past In retirement, Dick Varner continues in his role as a caretaker for the land and structures of southeastern Nebraska. 12 Running Wild in Warrior Dash A group of OPPD employees were among the 20,000-plus individu- als who participated in Nebraska’s a first-ever Warrior Dash. 15 Graduate Section An impressive number of OPPD employees and their families made fashion statements in caps and gowns at commencement exercises 12 this summer. 23 People Anniversaries, retirements, deaths, sympathies and club notes. Back cover Flood of Memories The one-year anniversary of the Missouri River flood of 2011 served as a reminder of all the hard work by employees. : Vol. 92, No. 4, July/August 2012 Published bimonthly by the Corporate Commu- Contributing Staff Senior Management nications Division, Flash magazine provides OPPD DJ Clarke Paula Lukowski W. Gary Gates ........................................President employees and retirees with strategic industry- and Django Greenblatt-Seay Lisa Olson Dave Bannister ................................Vice President job-related news, and human-interest articles about Jeff Hanson Althea Pietsch Timothy J. -
Affirmative Action. PUB DATE 75 NOTE 5P
DOCUMENT RESUME ED 112 494 EA 007 529 AUTHOR Freeman, Thomas J. TITLE Affirmative Action. PUB DATE 75 NOTE 5p. EDES PRICE MF-$0.76 HC-$1.58 Plus Postage DESCRIPTORS *Affirmative Action; *Civil Rights; *Employment Practices; *Equal Opportunities (Jobs); Equal Protection; Federal Government; *Federal Legislation; Higher Education; Legal Responsibility ABSTRACT This paper presents a concise history of the concept of affirmative action, tracing its evolution through various presidential executive orders and federal legislation. Also included is a definition of affirmative action and a brief discussion cf its implications for colleges and universities. (JG) *********************************************************************** Documents acquired by ERIC include many informal unpublished * materials not available from other sources. ERIC makes every effort * * to obtain the best copy available. Nevertheless, items of marginal * * reproducibility are often encountered and this affects the quality * * of the microfiche and hardcopy reproductions ERIC makes available * * via the ERIC Document Reproduction Service (EDRS). EDRS is not * responsible for the qual-ity of the original document. Reproductions * * supplied by EDRS are the best that can be made from the original. *********************************************************************** U.S. DEPARTMENT OF HEALTH, EDUCATION & WELFARE NATIONAL INSTITUTE OF EDUCATION THIS DOCUMENT HAS BEEN REPRO DUCED EXACTLY AS RECEIVED FROM THE PERSON OR ORGANIZATION ORIGIN. ATING IT POINTS OF VIEW OR OPINIONS