scholarly journals Bill Content, Legislative Outcomes, and State-Level Resistance to National Policies

2021 ◽  
pp. 1-23
Author(s):  
Timothy Callaghan ◽  
Andrew Karch
Keyword(s):  
Intergovernmental Relations ◽  
State Level ◽  
Legal Framework ◽  
State Legislature ◽  
Specific Domain ◽  
Original Dataset ◽  
Party Control ◽  
Legislative Outcomes ◽  
Contemporary United States ◽  
Level Resistance

Abstract Recently, scholars of the lawmaking process have urged their colleagues to devote more attention to the potential impact of bill content on legislative outcomes. Heeding their call, this paper builds an original dataset of over 5,000 pieces of state-level legislation addressing issues that span the ideological spectrum. It compares proposals that challenge the authority of the national government in a specific domain to proposals that lack federalism-related implications and finds that the former, all else being equal, make less legislative progress toward enactment. In addition, it categorizes the measures that resist national laws based on the specific nature of the challenge they pose. Its analysis finds that measures that are inconsistent with existing national law but work within the law’s legal framework make more legislative progress than measures that seek to nullify the national law or that vow not to cooperate with it. It also confirms that sponsor characteristics such as majority status, the number of cosponsors, institutional rules such as hearing requirements, and state-level factors like party control of the state legislature affect how much progress proposals make toward enactment. Thus, the paper demonstrates the importance of legislative content as an explanatory factor and sheds light on the nature of intergovernmental relations in the contemporary United States.

scholarly journals STATE EVICTION BANS: A POLICY RESPONSE TO COVID-19

2021 ◽  
pp. 11
Author(s):  
Keyword(s):  
State Level ◽  
State Legislature ◽  
Social Determinant ◽  
The State ◽  
Policy Response ◽  
Public Health Perspective ◽  
Party Control ◽  
Control And Prevention ◽  
The Relationship ◽  
Social Determinant Of Health

The COVID-19 pandemic has shined a light on the importance of housing as a social determinant of health. To prevent millions of American renters from being evicted from their homes during the COVID-19 pandemic and potentially becoming homeless, the Centers for Disease Control and Prevention (CDC) issued a temporary eviction ban order on September 4, 2020 that has currently been extended through June 30, 2021. This paper examines the rationale for the CDC temporary eviction ban order from a public health perspective. It then uses statistical techniques to explore the relationship between political and demographic variables and temporary eviction bans enacted in individual states during the pandemic. Results show a statistically significant relationship between political party control of the state legislature and temporary state eviction bans which suggests that partisanship has largely driven the use of temporary eviction bans as a policy response to COVID-19 at the state level.

scholarly journals Markets: State Franchise Laws, Dealer Terminations, and the Auto Crisis

2010 ◽  
Vol 24 (3) ◽  
pp. 233-250 ◽  
Author(s):  
Francine Lafontaine ◽  
Fiona Scott Morton
Keyword(s):  
Market Share ◽  
State Level ◽  
Legal Framework ◽  
The State ◽  
General Motors ◽  
Current Crisis ◽  
State Laws ◽  
Distribution Costs ◽  
Retail Prices ◽  
The Government

In fall 2008, General Motors and Chrysler were both on the brink of bankruptcy, and Ford was not far behind. As the government stepped in and restructuring began, GM and Chrysler announced their plan to terminate about 2,200 dealerships. In this paper, we first provide an overview of franchising in car distribution, how it came about, and the legal framework within which it functions. States earn about 20 percent of all state sales taxes from auto dealers. As a result, new car dealerships, and especially local or state car dealership associations, have been able to exert influence over local legislatures. This has led to a set of state laws that almost guarantee dealership profitability and survival—albeit at the expense of manufacturer profits. Available evidence and theory suggests that as a result of these laws, distribution costs and retail prices are higher than they otherwise would be; and this is particularly true for Detroit's Big Three car manufacturers—which is likely a factor contributing to their losses in market share vis-à-vis other manufacturers. After discussing the evidence on the effects of the car franchise laws on dealer profit and car prices, we turn to the interaction of the franchise laws and manufacturers' response to the auto crisis. Last, we consider what car distribution might be like if there were no constraints on organization. We conclude that although the state-level franchise laws came about for a reason, the current crisis perhaps provides an opportunity to reconsider the kind of regulatory framework that would best serve consumers, rather than carmakers or car dealers.

Growing Tea With Subnational Roots: Tea Party Affiliation, Factionalism, and GOP Politics in State Legislatures

2021 ◽  
pp. 1532673X2110411
Author(s):  
Stella M. Rouse ◽  
Charles Hunt ◽  
Kristen Essel
Keyword(s):  
Republican Party ◽  
State Legislatures ◽  
State Level ◽  
Party Politics ◽  
State Legislators ◽  
Tea Party ◽  
Right Wing ◽  
Party Affiliation ◽  
Far Right ◽  
Original Dataset

Most research has examined the influence of the Tea Party as a social movement or loose organization, but less is known about its influence within legislative party politics, especially at the state level. In this paper, we argue that in this context the Tea Party is primarily an intraparty faction that has caused significant divisions inside the Republican Party. Using an original dataset of legislators across 13 states for the years 2010 to 2013, we examine legislator and district-level characteristics that predict state legislators’ affiliation with the Tea Party. Our results reveal that in some respects legislators affiliated with the Tea Party are a far-right wing of the Republican Party. However, by other measures that capture anti-establishment political sentiment, Tea Party affiliated legislators comprise a factional group attempting to transform the Party in ways that go beyond ideology. These findings have important implications for the future prospects of the GOP.

Governance models of public utility commissions in the United States

2019 ◽  
Vol 20 (3) ◽  
pp. 229-239 ◽  
Author(s):  
Douglas J. Howe
Keyword(s):  
United States ◽  
Political Action ◽  
State Level ◽  
The United States ◽  
State Legislature ◽  
The State ◽  
Public Utility ◽  
Political Action Committees ◽  
Special Interest Groups ◽  
Governance Model

Regulation of utilities at the state level in the United States is undertaken by a commission on which anywhere from three to seven commissioners sit and must vote on virtually all significant utility actions, including rate requests, resource plans, acquisitions and mergers, and financing mechanisms. Public utility commissions (PUCs) are, in a very real sense, courts with adjudicatory responsibility over the area of state utility laws. In hearing a utility case, they must follow the state’s statutes and court rules. The commissioners function as judges in this court of public utility law. In a majority of states, commissioners are appointed by the state’s governor with the advice and consent of the state legislature. In a significant minority of states, commissioners are elected by popular vote. However, recent changes in US election law have made it easier for corporations and special interest groups, called political action committees, to influence elections through donations targeting direct voter outreach on behalf of specific candidates. This chapter examines what the entry of political spending in PUC elections means, and whether elected commissioners can adjudicate in the public interest, or will adjudicate for special interests. The chapter concludes that while both the appointment and election governance model can produce both “good” and “bad” commissioners, it is the elected commission that is most at risk of selecting commissioners that will not be truly independent and objective arbiters of the law.

Local-level Nudging for Renewables in Slovenia: Organisational Aspects and Legal Limitations

2020 ◽  
Vol 18 (3) ◽  
pp. 523-556
Author(s):  
Luka Martin Tomazic
Keyword(s):  
Renewable Energy ◽  
Local Level ◽  
State Level ◽  
Legal Framework ◽  
Local Energy ◽  
The European Union ◽  
Policy Goals ◽  
National Legal System ◽  
The Republic ◽  
Positive Effect

Proliferation of renewable energy is high on the agenda of the European Union. In it, local government plays an important role. Besides traditional regulatory approaches such as legislation, nudging could have a positive effect on achieving the desired policy goals. This article analyses the legal framework within which the local-level practice of nudging is embedded in the Republic of Slovenia. Since EU-level legislation and ECHR aspects are analysed as well, the application of findings is broader than merely the national legal system. Nudging could be performed either by using the existing infrastructure or through the creation of local energy organisations. Three main groups of legal limitations are identified, namely state-level limitations, GDPR-related concerns and constitutional or human rights considerations. Defaults and individualised informing are emphasized as two of the most promising nudge-types in the field of renewable energy.

Political Parties, Public Opinion, and State Policy in the United States

1989 ◽  
Vol 83 (3) ◽  
pp. 729-750 ◽  
Author(s):  
Robert S. Erikson ◽  
Gerald C. Wright ◽  
John P. McIver
Keyword(s):  
United States ◽  
Political Parties ◽  
State Policy ◽  
Electoral Politics ◽  
The United States ◽  
State Legislature ◽  
Partisan Politics ◽  
Electoral Success ◽  
Party Control ◽  
True State

When comparing states in the United States, one finds little correlation between state opinion and party control of the state legislature or between party control and state policy. Although these low correlations seeming to indicate that partisan politics is irrelevant to the representation process, the opposite is true. State opinion influences the ideological positions of state parties, and parties' responsiveness to state opinion helps to determine their electoral success. Moreover, parties move toward the center once in office. For these reasons, state electoral politics is largely responsible for the correlation between state opinion and state policy.

scholarly journals ‘ISOLATED IN OUR OWN NEIGHBOURHOOD’: ANALYSIS ON THE PROPOSAL TO REGULATE PEER-TO-PEER ACCOMMODATION SERVICES IN MALAYSIA

2021 ◽  
Vol 29 (2) ◽  
pp. 271-298
Author(s):  
Mahyuddin Daud ◽  
Norlaili Mat Isa
Keyword(s):  
State Level ◽  
Legal Framework ◽  
Peer To Peer ◽  
Disruptive Technology ◽  
Structured Interviews ◽  
Regulatory Requirements ◽  
Safety Requirements ◽  
Neighbourhood Analysis ◽  
The Government ◽  
Regulatory Guideline

Peer-to-Peer Accommodation services (P2PA) are mushrooming worldwide due to the expansion of digital services and Internet access. Since P2PA services operate fully online, small establishments utilise disruptive technology and surpass traditional hoteliers by surprise. In the first part of this article, we examine the problems caused by P2PA for ‘playing on an uneven field’, avoiding necessary taxes, skipping regulatory and safety requirements, and causing loss of tranquillity to the neighbourhood. Due to these problems, a proposal was moved by the government to regulate P2PA in Malaysia via a self-regulatory guideline, as analysed in the second part of the article. However, due to its non-binding status, the proposal will arguably lead to irregularities in regulatory mechanisms at the state level when enforced. P2PA hosts were asked to comply with regulatory requirements similar to hoteliers, but the platform providers have arguably avoided any P2PA related liability nor responsibility as they operate offshore. Applying qualitative research methods via content analysis and semi-structured interviews, the article concludes by proposing a legal framework to regulate the P2PA platform providers, including hosts and agents, which is deemed timely and necessary for Malaysia to safeguard the interests of both tourists and stakeholders.

scholarly journals Overview of the Russian Legal Framework in the Sphere of "Green" Building

2020 ◽  
Author(s):  
Anna Yashkina ◽  
Zhanna Vasileva ◽  
Yana Glukhikh
Keyword(s):  
Real Estate ◽  
Evaluation Criteria ◽  
Green Building ◽  
State Level ◽  
Legal Framework ◽  
National Standards ◽  
Normative Documents ◽  
Legislative Framework ◽  
Environmental Requirements ◽  
Technical Documents

The article deals with a brief overview of the main laws, national standards, regulatory and technical documents that regulate legal relations in the field of ”green” building in Russia. The key features of the existing legislative framework regulating environmental aspects in construction are identified and the factors limiting the introduction of ”green” building in the construction sector are considered. The tendency of normative documents development in the field of environmental protection taking into account scientific and technical achievements and requirements of international rules and standards is noted. The paper provides a schematic description of the relations regulation and the establishment of mandatory requirements in the construction industry. There are also documents showing the requirements can be mandatory or voluntary. The authors consider the standards that provide a comprehensive analysis of all constructing systems from the standpoint of sustainability. The normative and technical documents describe a set of principles, categories, evaluation criteria, indicators, recommended indicators and environmental requirements for real estate. In conclusion, the lack of uniform, updated and a complete regulatory framework for technical regulation in the field of green building and the necessity to stimulate economic entities in the sphere of construction and real estate at the state level with a view to enhancing the practice of green building.

scholarly journals Viability and Economies of Scale in EU Farms

2005 ◽  
pp. 332-338
Author(s):  
István Fürjész
Keyword(s):  
Information Structure ◽  
Economies Of Scale ◽  
Business Management ◽  
State Level ◽  
Legal Framework ◽  
The European Union ◽  
Gross Margin ◽  
Farm Accountancy Data Network ◽  
Farm Business ◽  
Economic Size

With this study, the author intends to draw up the main characteristics of the institutional background of the Farm Accountancy Data Network, operated by the European Union. Among the factors that contribute to the formation of the institutional background of the FADN database, special emphasis is laid on the Commission and member state level legal framework, in order to provide potential Hungarian users of the database with authentic and substantial information. Also, much attention is paid to definitional misunderstandings which cause, or might cause the farm business management type utilization of the database to be imperfect. As for this goal, some of the elements of the FADN information structure are investigated in a conventional Hungarian cost structure. In order to facilitate an easier understanding of the database, the different relations of economic size classes are also reviewed in this study. The author of this study is – in the first place – trying to analyze the meaning of Standard Gross Margin, the index used in the FADN structure to categorize farms, by localizing the position of the different cost constituents of SGM in a conventional Hungarian cost matrix. Last, but not least, the author is trying to draw all researcher’s attention on the possibilities, hidden in the FADN database by introducing some analyses from his own field of interest based on FADN information.

This Was the One for Me

2020 ◽  
Vol 38 (1) ◽  
pp. 105-125
Author(s):  
Christina Xydias
Keyword(s):  
Political Party ◽  
State Level ◽  
Party Affiliation ◽  
Far Right ◽  
Traditional Gender Roles ◽  
Origin Stories ◽  
Original Dataset ◽  
The One ◽  
Politically Active ◽  
Alternative For Germany

Next to the Alternative for Germany (AfD)’s nationalism and anti-immigrant attitudes, natalism and support for traditional gender roles are key components of the party’s far right categorization. Women are not absent from parties like the AfD, though they support them at lower rates than men and at lower rates than they support other parties. In light of women’s lower presence in far-right parties, how do women officeholders in the AfD explain their party affiliation, and how do their explanations differ from men’s? An answer is discernible at the nexus between AfD officeholders’ publicly available political backgrounds and the accounts that they offer for joining the party, termed “origin stories.” Empirically, this article uses an original dataset of political biographical details for all the AfD’s state and federal legislators elected between 2013 and late 2019. This dataset shows that AfD women at the state level are less likely than their men counterparts to have been affiliated with a political party, and they are less likely to have been politically active, prior to their participation in the AfD. Regardless of the facts of their backgrounds, however, women more than men explain their support of the AfD as a choice to enter into politics, and men more than women explain their support of the AfD as a choice to leave another party. The article argues that these gendered origin stories can be contextualized within the party’s masculinist, natalist, and nationalist values.

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