scholarly journals Blocking the progressive city: How state pre-emptions undermine labour rights in the USA

Urban Studies ◽  
2020 ◽  
pp. 004209802091033
Author(s):  
Yunji Kim ◽  
Austin M Aldag ◽  
Mildred E Warner

While some US cities and states have taken the lead in protecting labour rights, a counter-trend is found in state pre-emptions – state laws that prohibit cities from making any ordinances or laws related to certain policy areas. What drives these state-level actions that undermine progressive city leadership in the USA? We examine recent state legislations that pre-empt city authority to regulate labour conditions and protect labour rights in the private and public sectors (i.e. minimum wage, paid leave, fair scheduling, right to work, prevailing wage). We use a 50-state regression model to explore what differentiates states with more pre-emption of labour rights and potential sources of pushback. States with low minimum wages, which have never had strong labour protections, pre-empt more. Unions can be sources of pushback – greater unionisation is linked to fewer pre-emptions. However, in Republican-controlled states, more unionisation is linked to more pre-emptions. We use Wisconsin as an example of a state that adopted anti-union policies – despite strong pushback from the public – to explore how strong labour protections can act as a ‘trigger’ for states to undermine labour rights.

2019 ◽  
pp. tobaccocontrol-2019-055102 ◽  
Author(s):  
Page D Dobbs ◽  
Ginny Chadwick ◽  
Katherine W Ungar ◽  
Chris M Dunlap ◽  
Katherine A White ◽  
...  

ObjectivePolicies raising the minimum legal sales age (MLSA) of tobacco products to 21 are commonly referred to as tobacco 21. This study sought to identify components of tobacco 21 policies and develop an instrument to examine policy language within 16 state laws adopted by July 2019.MethodsThe multistage tool development process began with a review of established literature and existing tobacco 21 policies. In a series of meetings, tobacco control experts identified key policy components used to develop an initial tool. After testing and revisions, the instrument was used to code the existing tobacco 21 state-level policies. Inter-rater reliability (κ=0.70) was measured and discrepancies were discussed until consensus was met. Policy component frequencies were reported by state.ResultsWhile all 16 states raised the MLSA to 21, the laws varied widely. Two laws omitted purchaser identification requirements. Fifteen laws mentioned enforcement would include inspections, but only three provided justification for conducting inspections. All 16 states provided a penalty structure for retailer/clerk violations, but penalties ranged considerably. Fourteen states required a tobacco retail licence, nine renewed annually. Six laws contained a military exemption, five were phased-in and 10 contained purchase, use or possession laws, which penalised youth. Four states introduced or expanded pre-emption of local tobacco control.ConclusionsThe instrument developed is the first to examine policy components within state-level tobacco 21 laws. Policies that include negative components or omit positive components may not effectively prevent retailers from selling to youth, which could result in less effective laws.


2012 ◽  
Vol 2 (1) ◽  
pp. 5-22
Author(s):  
Hariz Agić ◽  
◽  
Sead Rešić ◽  

We are witnessing the emergence of private universities “like mushrooms after rain”. It is more than clear that they are not well met by state universities. Bosnia and Herzegovina is a very fertile ground for setting this palette of problems in the educational focus of interest of the public, because there are no competent ministries of education at the state level. There isframework lawon the state level but nothing exists anywhere along the vertical axis. This produced distortion of the quality and reputation of higher education. In this paper a survey among teachers and students of private and stateuniversitywas conducted and has shownthat there are differencesin opinionsof respondentsin some respectsregarding the quality of work. The solution would be replacing the stereotypical opinions about the differences between private and public universities and entirely rotating them toward a new, living approach to ensuring quality of education.


2017 ◽  
Vol 24 (3) ◽  
pp. 193-198 ◽  
Author(s):  
Carl Bonander ◽  
Niklas Jakobsson ◽  
Finn Nilson

ObjectiveTo estimate the effects of fire safe cigarette laws on fire mortality and cigarette-related fires in the USA.MethodsWe examined the gradual implementation of the laws to identify their average effects, using difference-in-differences analysis to account for common year effects, time-invariant state effects, state-specific trends and observable time-varying state-level covariates.ResultsWe found no statistically significant effects on all-cause fire mortality, residential fire mortality or cigarette-caused fire rates. The estimates for cigarette-caused fire deaths were significant under some specifications, but were not robust to the inclusion of state-specific trends or comparisons to effects on other cause-determined fires.ConclusionsGiven the mixed state of our results, we conclude that previous claims regarding the effects of fire safe cigarette laws may be premature.


2003 ◽  
Vol 1 (1) ◽  
pp. 49-59
Author(s):  
Mark Tomita

The Global Health Disparities CD-ROM Project reaffirmed the value of professional associations partnering with academic institutions to build capacity of the USA public health education workforce to meet the challenges of primary prevention services. The Society for Public Health Education (SOPHE) partnered with the California State University, Chico to produce a CD-ROM that would advocate for global populations that are affected by health disparities while providing primary resources for public health educators to use in programming and professional development. The CD-ROM development process is discussed


Author(s):  
G. Z. Yuzbashieva ◽  
A. M. Mustafayev ◽  
R. A. Imanov

The indicators that determine the change in the macroeconomic situation in the economy of Azerbaijan in 2010–2017, as well as the conditions for increasing the effectiveness of state intervention in solving economic problems are analyzed. It is noted that it is not the size of the public sector that becomes important, but its qualitative component (management and redistribution of resources and revenues, coordination of government intervention in economic relations). The main reasons limiting economic growth are identified, and the mechanisms for overcoming them are disclosed, since economic growth is of particular importance in the transformational period of state development. It substantiates the assertion that the forms and methods of state regulation should be the result of a reasonable combination of the private and public sectors of the economy to more effectively achieve the goal of economic development of the country and increase the welfare of the population. To this end, it is advisable to limit the actions of market forces and find a rational ratio of market and government measures that stimulate economic growth and development.It is shown that in the near future the development of the economy of Azerbaijan should be focused on the transition to the integration of various models of economic transformation; at the same time, “attraction of investments” should be carried out by methods of stimulating consumption, and the concept of a socially oriented economy, which the state also implements, should prevail, thereby ensuring social protection of the population and at the same time developing market relations. Disproportions in regional and sectoral development are also noted, which are the result of an ineffective distribution of goods produced, inadequate investment in human capital, a low level of coordination and stimulation of economic growth and development.


Author(s):  
Halyna Shchyhelska

2018 marks the 100th anniversary of the proclamation of Ukrainian independence. OnJanuary 22, 1918, the Ukrainian People’s Republic proclaimed its independence by adopting the IV Universal of the Ukrainian Central Rada, although this significant event was «wiped out» from the public consciousness on the territory of Ukraine during the years of the Soviet totalitarian regime. At the same time, January 22 was a crucial event for the Ukrainian diaspora in the USA. This article examines how American Ukrainians interacted with the USA Government institutions regarding the celebration and recognition of the Ukrainian Independence day on January 22. The attention is focused on the activities of ethnic Ukrainians in the United States, directed at the organization of the special celebration of the Ukrainian Independence anniversaries in the US Congress and cities. Drawing from the diaspora press and Congressional Records, this article argues that many members of Congress participated in the observed celebration and expressed kind feelings to the Ukrainian people, recognised their fight for freedom, during the House of Representatives and Senate sessions. Several Congressmen submitted the resolutions in the US Congress urging the President of United States to designate January 22 as «Ukrainian lndependence Day». January 22 was proclaimed Ukrainian Day by the governors of fifteen States and mayors of many cities. Keywords: January 22, Ukrainian independence day, Ukrainian diaspora, USA, interaction, Congress


Author(s):  
Peter Knaack

G20 leaders vowed to collect and share OTC derivatives trade data so that regulators can obtain a global picture of market and risk evolution. This chapter employs a network perspective to explain why they have failed to meet this commitment to date. It examines three networks: the OTC derivatives market itself, and those of its private and public governance. The analysis shows that the Financial Stability Board (FSB), the public supervisory entity, struggles to establish itself at the center of the global regulatory network. It failed to act as a first mover in setting global trade identification standards (legal entity identifiers), and it has not been able to establish a core of global data warehouses. This is largely the result of unilateral action by FSB members. In particular, legislators in member countries have undermined FSB-led efforts by refusing to remove legal barriers to transnational regulatory cooperation and, in some instances, by erecting new ones.


Author(s):  
Pierre Pestieau ◽  
Mathieu Lefebvre

This chapter looks at the role of the public versus the private sector in the provision of insurance against social risks. After having discussed the evolution of the role of the family as support in the first place, the specificity of social insurance is emphasized in opposition to private insurance. Figures show the extent of spending on both private and public insurance and the chapter presents economic reasons to why the latter is more developed than the former. Issues related to moral hazard and adverse selection are addressed. The chapter also discusses somewhat more general arguments supporting social insurance such as population ageing, unemployment, fiscal competition and social dumping.


Author(s):  
Robin Holt

The chapter continues to discuss the association of judgment and sovereignty using Franz Kafka’s story Das Urteil (The Judgment). It does so in order to then introduce the public nature of spectating and how this has been played out in the thinking of Jurgen Habermas concerning speech situations, and in Hannah Arendt’s writings on the polis. Rather than pitch the public in contrast to the private, the chapter suggests spectating plays on the binary in ways that enrich both. This coming together of the private and public is then woven into the understanding of strategic inquiry as an organizational forming of self-presentation.


Author(s):  
Thomas W. Merrill

This chapter explores the relationship between private and public law. In civil law countries, the public-private distinction serves as an organizing principle of the entire legal system. In common law jurisdictions, the distinction is at best an implicit design principle and is used primarily as an informal device for categorizing different fields of law. Even if not explicitly recognized as an organizing principle, however, it is plausible that private and public law perform distinct functions. Private law supplies the tools that make private ordering possible—the discretionary decisions that individuals make in structuring their lives. Public law is concerned with providing public goods—broadly defined—that cannot be adequately supplied by private ordering. In the twentieth and twenty-first centuries, various schools of thought derived from utilitarianism have assimilated both private and public rights to the same general criterion of aggregate welfare analysis. This has left judges with no clear conception of the distinction between private and public law. Another problematic feature of modern legal thought is a curious inversion in which scholars who focus on fields of private law have turned increasingly to law and economics, one of the derivatives of utilitarianism, whereas scholars who concern themselves with public law are increasingly drawn to new versions of natural rights thinking, in the form of universal human rights.


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