Medicaid Expansion during the Trump Presidency: The Role of Executive Waivers, State Ballot Measures, and Attorney General Lawsuits in Shaping Intergovernmental Relations

2019 ◽  
Vol 49 (3) ◽  
pp. 437-464 ◽  
Author(s):  
Lilliard E Richardson
Keyword(s):  
Intergovernmental Relations ◽  
Personal Responsibility ◽  
Attorney General ◽  
Federal Court ◽  
Work Requirements ◽  
Ballot Measures ◽  
Medicaid Policy ◽  
Attorneys General ◽  
Policy Adjustments

Abstract This article assesses developments in the first two years of the Trump presidency regarding implementation of the Affordable Care Act (ACA), with a focus on Medicaid policy. Trump administration officials relied on executive actions to chip away at various elements of the ACA and encouraged and granted state requests for waivers allowing work-requirements and other personal-responsibility rules for Medicaid beneficiaries. Governors and state attorneys general were actively involved in lawsuits that led to several federal court rulings blocking implementation of Medicaid work requirements as well as a ruling that re-opened the legitimacy of the entire ACA. Citizens and interest groups had a major impact at the ballot box by approving several ballot measures that expanded Medicaid in states where expansion was opposed by elected officials. These developments demonstrate how policy adjustments and disputes are worked out in the U.S. federal system in a polarized era, with Congress essentially a bystander and other institutions and actors coming to the fore and resulting in variable speed federalism characterized by different partisan trajectories of state implementation of national policies.

scholarly journals Free will and neurosurgical resections of the supplementary motor area: a critical review

2021 ◽  
Vol 163 (5) ◽  
pp. 1229-1237 ◽  
Author(s):  
Rickard L Sjöberg
Keyword(s):  
Executive Function ◽  
Free Will ◽  
Corticospinal Tract ◽  
Supplementary Motor Area ◽  
Personal Responsibility ◽  
Motor Area ◽  
Simple Motor ◽  
Motor Actions ◽  
Intense Debate

Abstract Background Research suggests that unconscious activity in the supplementary motor area (SMA) precedes not only certain simple motor actions but also the point at which we become aware of our intention to perform such actions. The extent to which these findings have implications for our understanding of the concepts of free will and personal responsibility has been subject of intense debate during the latest four decades. Methods This research is discussed in relation to effects of neurosurgical removal of the SMA in a narrative review. Results Removal of the SMA typically causes a transient inability to perform non-stimulus-driven, voluntary actions. This condition, known as the SMA syndrome, does not appear to be associated with a loss of sense of volition but with a profound disruption of executive function/cognitive control. Conclusions The role of the SMA may be to serve as a gateway between the corticospinal tract and systems for executive function. Such systems are typically seen as tools for conscious decisions. What is known about effects of SMA resections would thus seem to suggest a view that is compatible with concepts of personal responsibility. However, the philosophical question whether free will exists cannot be definitely resolved on the basis of these observations.

Excessive Data Collection as a Form of Anticompetitive Conduct: The German Facebook Case

2021 ◽  
pp. 0003603X2199702
Author(s):  
Anne C. Witt
Keyword(s):  
Data Collection ◽  
Competition Law ◽  
Federal Court ◽  
Digital Platforms ◽  
High Profile ◽  
Court Of Justice ◽  
Federal Court Of Justice ◽  
Constitutional Right ◽  
Abuse Of Dominance

In a high-profile decision of February 6, 2019, the German Federal Cartel Office prohibited Facebook’s data collection policy as an abuse of dominance for infringing its users’ constitutional right to privacy. The case triggered a remarkable interinstitutional dispute between the key players in German competition law. Conflicting rulings by the Düsseldorf Higher Regional Court and the German Federal Court of Justice further illustrate how deeply divided the antitrust community is on the role of competition law in regulating excessive data collection and other novel types of harm caused by dominant digital platforms. This contribution discusses the original prohibition decision, the ensuing court orders, and legislative reform proposals in the broader context of European Union and U.S. competition law.

scholarly journals When is a Whale Sanctuary Not a Whale Sanctuary? Japanese Whaling in Australian Antarctic Maritime Zones

2005 ◽  
Vol 36 (4) ◽  
pp. 757 ◽  
Author(s):  
Joanna Mossop
Keyword(s):  
International Law ◽  
Attorney General ◽  
Federal Court ◽  
Exclusive Economic Zone ◽  
Environment Protection ◽  
Australian Government ◽  
Japanese Company ◽  
Domestic Legislation ◽  
Territorial Claim ◽  
Economic Zone

This article concerns the case of Humane Society International v Kyodo Senpaku Kaisha Ltd, in which the Humane Society, a non-governmental organisation, attempted to sue a Japanese company conducting whaling in the Southern Ocean in an area claimed as an exclusive economic zone by Australia.  The Humane Society failed to convince the Federal Court to allow it to serve proceedings on the Japanese company outside Australia, after the judge agreed with the arguments provided by the Australian Attorney-General. These submissions included the possibility of an embarrassing international incident that could arise if a Japanese company were to be served with proceedings enforcing a law that Japan considers to be inconsistent with the freedom of navigation on the high seas. Underpinning the whole case was the issue of sovereignty over Antarctica, which Australia and other countries have disputed for many decades. The author evaluates Australia’s claim to an exclusive economic zone around its Antarctic territorial claim, and its use of the Environment Protection and Biodiversity Conservation Act 1999 to declare a whale sanctuary in that part of the world. The author suggests that it might be possible for the Australian courts to read the whale sanctuary legislation in line with international law, potentially relying on the New Zealand Sellers case, to exclude overseas companies from the effects of the legislation. However, the author concludes it would not be desirable for the Australian Government to rely on such a possibility to avoid potential international repercussions from its domestic legislation.

scholarly journals PERANAN KEJAKSAAN REPUBLIK INDONESIA DALAM PEMBERANTASAN KORUPSI DI NEGARA DEMOKRASI (Role of The Attorney General of Indonesia in Eradicating Corruption in State Democracy)

2016 ◽  
Vol 16 (1) ◽  
pp. 15
Author(s):  
Suharyo Suharyo
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Good Governance ◽  
Attorney General ◽  
Strong Relationship ◽  
Criminal Code ◽  
Local Officials ◽  
Strategic Position

PERANAN KEJAKSAAN REPUBLIK INDONESIADALAM PEMBERANTASAN KORUPSI DI NEGARA DEMOKRASI(Role of The Attorney General of Indonesia in Eradicating Corruption in State Democracy) The Attorney General of Indonesia plays a strategic position in corruption eradication. Since IndonesiaIndependent Day on 17 August 1945 until now, the attorney general keeps eradicate the corruption. As one of the elements of criminal justice system of the democracy state refers to the Act No.16/2004 on the Attorney General of Republic of Indonesia, and also a concern with the Act No.8/1981 on the Criminal Code (KUHAP). Corruption eradication is ruled and stipulated on the Act No.31/1999 on Corruption Eradication Jo the Act No.20/2001, and supported the Act No.8/2010 on the Criminal Act of Money Laundering . Questions of this research were what obstacles of corruption eradication in attorneys and how to make it effective? It was a normative-juridical method. It was  an impression that the Attorney General has no dare to enforce the law for the elite politician, local officials (governors,majors) because of their strong relationship with. This phenomenon triggered scholars to do long march and protest to the Attorney General to be consistent and responsive in corruption eradication. Good governance and bureaucracy reform had no big impact, the meaning of “Tri Atmaka” and “Tri Karma Adhyaksa” had truly not been absorbed and practiced, yet. Keywords: The Attorney General of Indonesia in eradicating corruption ABSTRAK Kejaksaan Republik Indonesia memegang posisi sangat strategis dalam pemberantasan korupsi. SejakProklamasi Kemerdekaan 17 Agustus 1945 sampai sekarang, Kejaksaan Republik Indonesia terus menerus melakukan pemberantasan korupsi. Sebagai salah satu unsur dari  sistem peradilan pidana (Criminal Justice System) di dalam negara demokrasi Kejaksaan RI mengacu pada Undang-Undang Nomor 16 Tahun 2004 Tentang Kejaksaan RI, dan juga memperhatikan Undang-Undang Nomor 8 Tahun 1981 tentang Hukum Acara Pidana (KUHAP). Khusus untuk pemberantasan korupsi, diatur melalui Undang-Undang Nomor 31 Tahun 1999 tentang Pemberantasan Tidak Pidana Korupsi no Undang-Undang Nomor 20 Tahun 2001, dan ditunjang Undang-Undang Nomor 8 Tahun 2010 Tentang Tindak Pidana Pencucian Uang. Adapun rumusan masalah dalam penelitian ini adalah apakah kendala yang melekat jajaran Kejaksaan dalam pemberantasan korupsi, serta Bagaimana mengefektifkan Kejaksaan RI dalam pemberantasan korupsi. Metode yang dipakai adalah yuridis normatif.Terdapat kesan, Kejaksaan RI sangat tumpul pada pelaku dari elit politik, dan pejabat daerah (Gubernur, Bupati/Walikota) yang mempunyai koneksi politik yang kuat.Sehingga tidaklah mengherankan, apabila di berbagai daerah, muncul aksi-aksi unjuk rasa dari kalangan mahasiswa yang menuntut Kejaksaan RI agar konsisten dan responsif dalam pemberantasan korupsi. Good Governance dan reformasi birokrasi, hanya berpengaruh positif, secara minimal. Makna Tri Atmaka, serta Tri Karma Adhyaksa, kurang diresapi dan kurang  diamalkan secara mendalam. Kata Kunci: Kejaksaan RI dalam pemberantasan korupsi

scholarly journals The Forensic Engineer in State and Federal Court

2014 ◽  
Vol 31 (2) ◽  
Author(s):  
Richard M. Ziernicki
Keyword(s):  
United States ◽  
Legal System ◽  
Expert Witness ◽  
Federal Court ◽  
The United States ◽  
Court System ◽  
Civil Lawsuits ◽  
Forensic Engineering ◽  
And Function

This paper outlines the legal system in the United States, the different types of courts, the differences between criminal and civil law, and the role of forensic engineering experts involved in civil lawsuits. After providing a summary of relevant procedures employed by civil and criminal courts, the paper describes the basic principles and requirements for the selection and work of a forensic engineering expert in both the state and federal court system. This paper outlines the role and function of forensic experts (specifically forensic engineers), in the United States court system. It is not a treatise on the legal system but on the role of experts. The paper presents the requirements typically used in today’s legal system to qualify a forensic engineer as an expert witness and to accept his or her work and opinions. Furthermore, this paper discusses who can be an expert witness, the expert’s report, applicable standards, conducted research, engineering opinions, and final testimony in court — and how those elements fit into the legal system. Lastly, the paper describes the concept of spoliation of evidence.

scholarly journals Personal and Social Responsibility Among Athletes: the Role of Self-Determination, Achievement Goals and Engagement

2017 ◽  
Vol 57 (1) ◽  
pp. 39-50 ◽  
Author(s):  
Paulo Martins ◽  
António Rosado ◽  
Vítor Ferreira ◽  
Rui Biscaia
Keyword(s):  
Social Responsibility ◽  
Achievement Goals ◽  
Structural Equation ◽  
Extrinsic Motivation ◽  
Personal Responsibility ◽  
Equation Model ◽  
Self Determination ◽  
Task Orientation ◽  
Personal And Social Responsibility

AbstractThe purpose of this study was to assess the relationship between motivation, engagement and personal and social responsibility among athletes. Based on the literature, a survey was conducted including measures of motivation, considering task orientation and ego orientation, intrinsic and extrinsic motivation, and amotivation. We also measured the components of engagement (dedication, confidence, vigor and enthusiasm) and the components of personal and social responsibility. A total of 517 athletes from different types of sports participated in the study. The results gathered through a structural equation model revealed that task orientation had the strongest relationship with personal responsibility and social responsibility, followed by engagement. Self-determination levels were not associated with personal and social responsibility. These results suggest that monitoring of task orientation and engagement levels should be performed by coaches as a strategy to develop personal and social responsibility among their athletes. Moreover, findings from this study provide scholars with a tool to aid them in managing athletes’ levels of personal and social responsibility.

The Limits of Regionalization: The Intergovernmental Struggle over EU Cohesion Policy in the Czech Republic

2017 ◽  
Vol 31 (4) ◽  
pp. 863-884 ◽  
Author(s):  
Michael Baun ◽  
Dan Marek
Keyword(s):  
Czech Republic ◽  
Policy Implementation ◽  
Domestic Politics ◽  
Intergovernmental Relations ◽  
Cohesion Policy ◽  
Central State ◽  
The Czech Republic ◽  
Structural Funds ◽  
Funds Management

What explains national variation in the implementation of EU Cohesion Policy, in particular when it comes to the role of regions in Structural Funds management? This is an important question because, as some scholars have claimed, Cohesion Policy has the potential to empower regions and promote regionalization in Europe. Particularly in the new CEE member states, where relations between central and subnational authorities often remain unsettled or in a state of flux, the ability of regional authorities to exercise a substantial role in Cohesion Policy implementation could significantly impact intergovernmental relations and the balance of power between the central state and regions. This article examines this question in the case of one CEE member state, the Czech Republic, where the role of regions in Structural Funds management has been a particularly contentious issue over the course of three programming periods beginning in 2004. The article argues that the standard explanation in the literature for variation in Cohesion Policy implementation—national constitutional arrangements and governmental traditions—cannot explain the change of implementation systems in the Czech Republic because these remained constant over the three programming periods under investigation. Instead, the Czech case suggests the primary importance of regional administrative capacity and performance as a factor affecting Cohesion Policy implementation, while domestic politics and EU-level influences play important though secondary roles.

Multilateral Collaboration in Canadian Intergovernmental Relations: The Role of Procedural and Reciprocal Norms

2018 ◽  
Vol 48 (4) ◽  
pp. 636-663 ◽  
Author(s):  
Robert Schertzer ◽  
Andrew McDougall ◽  
Grace Skogstad
Keyword(s):  
Intergovernmental Relations
Sign in / Sign up

Export Citation Format

Share Document