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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 -
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. -
Historic Preservation Commission Meeting City Of
HISTORIC PRESERVATION COMMISSION MEETING CITY OF DAVENPORT, IOWA TUESDAY, JULY 9, 2019; 5:00 PM CITY COUNCIL CHAMBERS 226 WEST 4TH STREET DAVENPORT, IOWA 52801 I. Call to Order II. Secretary's Report A. Consideration of the June 11, 2019 meeting minutes. III. Communications A. Davenport Motor Row and Industrial Historic District. B. John Frueh and Diane Franken were re-appointed to three-year terms. IV. Old Business: None V. New Business A. Case No: COA19-07: Tear off roof on house and garage roof and install new ones at 612 W 8th Street. The Elise (Zoeckler) Eggers House is located in the Local Historic Hamburg District. Michael Kobbeman petitioner. VI. Other Business A. Review and comment on the Downtown Rock Island Historic District (Centennial Bridge only) and authorize the Chairperson to sign the Certified Local Government Review Form. [Ward 3] VII. Open Forum for Comment VIII. Adjourn IX. Next Commission Meeting: August 13, 2019 meeting City of Davenport Historic Preservation Commission Department: Community Planning and Economic Development Date Department 7/5/2019 Contact Info: Ryan Rusnak 563-888-2022 [email protected] Subject: Consideration of the June 11, 2019 meeting minutes. Recommendation: Approve the minutes. ATTACHMENTS: Type Description Backup Material 6-11-2019 Minutes REVIEWERS: Department Reviewer Action Date Community Planning & Rusnak, Ryan Approved 7/1/2019 - 1:45 PM Economic Development HISTORIC PRESERVATION COMMISSION Meeting Minutes Monday, June 11, 2019, 2019 at 5:00 p.m. Council Chambers 226 West 4th Street City of Davenport, Iowa I. Call to Order Chairperson Frueh called the meeting to order at approximately 5:00 pm with the following Commissioner’s present: Cochran, Cordes, Franken, Kuehl, McGivern and Wonio. -
Muscatine City Council
MUSCATINE CITY COUNCIL Osama Shihadeh Dick O'Brien Robert Howard At Large Mayor At Large Robert Bynum Phil Fitzgerald 4th Ward 1st Ward Bill Trent 2006 MEETING SCHEDULE Marie Press 5th Ward 2nd Ward Scott Day (All meetings start at 7:00 PM Fran Donelson 3rd Ward unless voted upon by Council.) Administrative Secretary Harvey Allbee, Jr. A.J. Johnson City Attorney Regular Meetings In-depth Meetings City Administrator January 5 & 19 July 6 & 20 January 12 July 13 February 2 & 16 August 3 & 17 February 9 (None in August) March 2 & 16 September 7 & 21 March 9 September 14 April 6 & 20 October 5 & 19 April 13 October 12 May 4 & 18 November 2 & 16 May 11 November 9 June 1 & 15 December 7 & 21 June 8 December 14 AGENDA THURSDAY, JANUARY 5, 2006 COUNCIL CHAMBERS - CITY HALL 1. CALL TO ORDER 2. ROLL CALL 3. OPENING PRAYER 4. PLEDGE OF ALLEGIANCE 5. COMMUNICATIONS – CITIZENS A. Swearing in of Councilmembers Press, Bynum, and Howard and Mayor O’Brien At this time City Councilmembers will be sworn in for the 2006 City Council year. B. Swearing in of Police Officer Shawn J. Sullivan At this time Police Officer Shawn J. Sullivan will be sworn in. 1 6. MINUTES - APPROVAL A. Regular City Council Meeting – December 15, 2005 7. CONSENT AGENDA The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member or citizen so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence from the Agenda. -
Mississippi Drive from Main Street to The
MISSISSIPPI DRIVE (IOWA 92) FROM MAIN STREET TO THE NORBERT F. BECKEY BRIDGE IN MUSCATINE, MUSCATINE COUNTY, IOWA STP-U-5330(614 )--27-70 ENVIRONMENTAL ASSESSMENT and SECTION 4(f) STATEMENT Submitted Pursuant to 42 USC 4332(2)(c) By The U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION and CITY OF MUSCATINE, IOWA These signatures are considered acceptance of the general project location and concepts described in the environmental document unless otherwise specified by the approving officials. However, such approval does not commit to approve any future grant request to fund the preferred alternative. For the ice of Location & Environment Iowa partment of Transportation ublic Availability The following persons may be contacted for additional information: Ms. Karen Bobo Mr. James Rost Mr. Gregg Mandsager Iowa Division Administrator Office of Location & Environment City Administrator Federal Highway Administration Iowa Department of Transportation 215 Sycamore Street 105-61h Street 800 Lincoln Way Muscatine, Iowa 52761 Ames, Iowa 50010 Ames, Iowa 50010 Tele: 563-264-1550 Tele: 515-233-7300 Tele: 515-239-1255 I PREFACE The Transportation Equity Act of the 21 at Century (TEA-21) (23 CFR) mandated environmental streamlining in order to improve transportation project delivery without compromising environmental protection. In accordance with TEA-21, the environmental review process for this project has been documented as a Streamlined Environmental Assessment (EA). This document addresses only those resources or features that apply to the project. This allowed study and discussion of resources present in the study area, rather than expend effort on resources that were either not present or not impacted. -
Long Range Transportation Plan 2040
Metropolitan Area Planning Agency Long Range Transportation Plan 2040 TABLE 7.1 ANTICIPATED FEDERAL REVENUES Nebraska Federal Highway Administration (FHWA) Revenues (in $1,000s) Funding Annual 2016-2019 2020- 2026- 2031- Category Average (TIP) 2025 2030 2035 2036-2040 Total CMAQ $750 $1,930 $4,997 $4,897 $5,044 $5,195 $22,063 DPU $1,000 $4,360 $0 $0 $0 $0 $4,360 HSIP $1,600 $6,248 $10,660 $10,447 $10,761 $11,084 $49,200 NHPP $18,500 $79,189 $3,065 $0 $0 $0 $82,254 STP-MAPA $15,071 $101,169 $100,410 $98,407 $101,359 $104,400 $505,745 STP-HBP $1,000 $5,000 $6,662 $6,530 $6,725 $6,927 $31,844 STP-State $2,500 $13,183 $0 $0 $0 $0 $13,183 TAP-MAPA $1,000 $4,730 $6,662 $6,530 $6,725 $6,927 $31,574 Total $41,421 $215,809 $132,456 $126,811 $130,614 $134,533 $740,223 Iowa Federal Highway Administration (FHWA) Revenues (in $1,000s) Funding Annual 2016-2019 2020- 2026- 2031- Category Average (TIP) 2025 2030 2035 2036-2040 Total CMAQ $150 $864 $946 $879 $897 $915 $4,501 DPS $1,150 $4,662 $0 $0 $0 $0 $4,662 NHPP $98,000 $388,309 $84,681 $0 $0 $0 $472,990 STP-MAPA $1,700 $15,600 $10,724 $9,963 $10,162 $10,366 $56,815 STP-HBP $2,700 $0 $6,308 $5,861 $5,978 $6,097 $24,244 STP-State $5,000 $0 $6,557 $18,400 $0 $0 $24,957 TAP-MAPA $300 $700 $1,892 $1,758 $1,793 $1,829 $7,972 Total $109,000 $410,135 $111,108 $36,861 $18,830 $19,207 $596,141 Total Regional Federal Highway Administration (FHWA) Revenues (in $1,000s) Funding Annual 2016-2019 2020- 2026- 2031- Category Average (TIP) 2025 2030 2035 2036-2040 Total CMAQ $900 $2,794 $5,943 $5,776 $5,941 $6,110 -
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 -
Executive Order 10925
Executive Order 10925 Establishing The President’s Committee On Equal Employment Opportunity WHEREAS discrimination because of race, creed, color, or national origin is contrary to the Constitutional principles and policies of the United States; and 13 CFR 1960 Supp. WHEREAS it is the plain and positive obligation of the United States Government to promote and ensure equal opportunity for all qualified persons, without regard to race, creed, color, or national origin, employed or seeking employment with the Federal Government and on government contracts; and WHEREAS it is the policy of the executive branch of the Government to encourage by positive measures equal opportunity for all qualified persons within the Government; and WHEREAS it is in the general interest and welfare of the United States to promote its economy, security, and national defense through the most efficient and effective utilization of all available manpower; and WHEREAS a review and analysis of existing Executive orders, practices, and government agency procedures relating to government employment and compliance with existing non-discrimination contract provisions reveal an urgent need for expansion and strengthening of efforts to promote full equality of employment opportunity; and WHEREAS a single governmental committee should be charged with responsibility for accomplishing these objectives: NOW, THEREFORE, by virtue of the authority vested in me as President of the United States by the Constitution and statutes of the United States, it is ordered as follows: PART I-ESTABLISHMENT OF THE PRESIDENT'S COMMITTEE ON EQUAL EMPLOYMENT OPPORTUNITY SECTION 101. There is hereby established the President's Committee on Equal Employment Opportunity. SEC. 102. -
Racial Discrimination in Employment: Proposals for Corrective Action
Buffalo Law Review Volume 13 Number 1 Article 6 10-1-1963 Racial Discrimination in Employment: Proposals for Corrective Action Daniel H. Pollitt University of North Carolina Follow this and additional works at: https://digitalcommons.law.buffalo.edu/buffalolawreview Part of the Constitutional Law Commons Recommended Citation Daniel H. Pollitt, Racial Discrimination in Employment: Proposals for Corrective Action, 13 Buff. L. Rev. 59 (1963). Available at: https://digitalcommons.law.buffalo.edu/buffalolawreview/vol13/iss1/6 This Leading Article is brought to you for free and open access by the Law Journals at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Buffalo Law Review by an authorized editor of Digital Commons @ University at Buffalo School of Law. For more information, please contact [email protected]. RACIAL DISCRIMINATION IN EMPLOYMENT: PROPOSALS FOR CORRECTIVE ACTION DANrEL H. POLLITT* I. INTRODUCTION ITEM. In 1946 Jackie Robinson broke the color-bar in organized baseball and became the idol and inspiration of athletic-minded Negro youth. By 1962, eight of the top ten batters in the National League were members of the Negro race. ITEM. On the centennial of the Emancipation Proclamation, Governor Terry Sanford announced the formation of the North Carolina Good Neighbor Council with a two-fold mission: (1) to encourage merit employment without regard to race; and (2) to urge youth to become better trained and qualified for em- ployment. The Governor stated that "Reluctance to accept the Negro in employ- ment is the greatest single block to his continued progress and to the full use of the human potential of the Nation and its States."1 ITEM.