scholarly journals Dissecting the State: The Use of Federal Law to Free State and Local Officials from State Legislatures' Control

1999 ◽  
Vol 97 (5) ◽  
pp. 1201 ◽  
Author(s):  
Roderick M. Hills
2021 ◽  
pp. 108-124
Author(s):  
Julia Payson

This chapter considers how city lobbying affects the overall policy environment from the perspective of the state. While results at the city level suggest that there are individual winners and losers from the lobbying process, this chapter shows how aggregate lobbying trends can systematically bias state transfers toward the interests of high-income cities, making them less progressive on average. At the same time, local officials don’t lobby for funding alone. Through a series of short case studies, this chapter also examines how the lobbying efforts of cities are shaping current policy debates in state legislatures, including preemption battles over minimum wage laws. While difficult to quantify the effects of these activities, taking a more holistic view of city lobbying paints a more nuanced and positive picture about its policy consequences.


1946 ◽  
Vol 40 (3) ◽  
pp. 510-521
Author(s):  
John A. Perkins

While much attention has been given to the efforts of Congress to improve itself, the activities of the state legislatures which have sought improvements as diligently, incidentally fulfilling their laboratory function, have gone virtually unnoticed. Twenty-eight states have given consideration to the renovation of the law-making branch. Comprehensive studies were made in Massachusetts, Connecticut, and in a more limited manner in California. New York, currently intent on modernizing its legislature, has already issued an interim report on expenditures and personnel, although the complete recommendations of its Joint Legislative Committee are yet to come. Committees whose frame of reference limits them to “tinkering” rather than “overhauling” are at work in Michigan and Colorado, with no reports yet submitted. In Alabama, an interim committee called for limited changes. The Bureau of Research established by the Indiana General Assembly in 1945 is authorized, among other things, to conduct research into improved methods of legislation.The crucial position of the state legislatures in our scheme of government cannot be over-emphasized. The failure to make themselves truly representative by periodic reapportionment and to streamline their organization and procedure, not to mention corruption among personnel, has resulted in an inability and unwillingness to rise to their responsibilities. Political collusion between rural legislators and their henchmen in local government has thwarted unification of multitudinous jurisdictions and the modernization of local administration. When depression-born demands for modern services were not met by state and local government, the federal government of necessity undertook new functions, causing centralization of government in the United States amid condemnation by the same state lawmakers whose inaction clipped democracy short at the grass roots.


2020 ◽  
Vol 2 (4) ◽  
pp. 23-44
Author(s):  
Al-Amyn Sumar

From the start of the pandemic, the American public has had inconsistent and often limited access to the COVID-19 data held by their governments. As legal cover for this lack of transparency, state and local officials have frequently invoked one federal law – the Health Insurance Portability and Accountability Act, better known as HIPAA – and its associated regulations. This article examines that trend. It unpacks the key parts of the regulations and explains why, in many cases, they provide no legal basis for agency refusals to disclose coronavirus-related information. The article also offers potential strategies to requesters seeking to pry that data loose.


2021 ◽  
Vol 26 (4) ◽  
pp. 457-474
Author(s):  
Anna Dal Cortivo ◽  
Alyssa Oursler

Following the murder of George Floyd, Minneapolis became the epicenter of the largest movement in US history. Local Black Lives Matter (BLM) protests, dubbed the Minneapolis Uprising, were met by the largest civil police deployment in state history. In the week following George Floyd’s murder, state and local officials convened ten press conferences totaling over 400 minutes of discourse. We use these press conferences, in conjunction with an ethnography of protests, to analyze how state officials counterframed Black Lives Matter protests following the murder of George Floyd. Building on critical race theory, we consider how the state maneuvered to pacify Black Lives Matter protesters and maintain racial oppression and repression. Minneapolis state officials constructed their counterframe through the (re)ordering of disorder, boundary activation, co-optation, and erasure.


Commonwealth ◽  
2017 ◽  
Vol 19 (2) ◽  
Author(s):  
Jennie Sweet-Cushman ◽  
Ashley Harden

For many families across Pennsylvania, child care is an ever-present concern. Since the 1970s, when Richard Nixon vetoed a national childcare program, child care has received little time in the policy spotlight. Instead, funding for child care in the United States now comes from a mixture of federal, state, and local programs that do not help all families. This article explores childcare options available to families in the state of Pennsylvania and highlights gaps in the current system. Specifically, we examine the state of child care available to families in the Commonwealth in terms of quality, accessibility, flexibility, and affordability. We also incorporate survey data from a nonrepresentative sample of registered Pennsylvania voters conducted by the Pennsylvania Center for Women and Politics. As these results support the need for improvements in the current childcare system, we discuss recommendations for the future.


2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.


2020 ◽  
pp. 124-131
Author(s):  
Olena P. Slavkova ◽  
Oksana I Zhilinska ◽  
Maksym Palienko

The article deals with the peculiarities of the formation and implementation of tax policy in the country. The analysis of change of tax receipts to the state and local budgets is carried out. The role of tax payments in the economic development of the country is determined. The efficiency of the state tax policy in Ukraine is analyzed, its advantages and disadvantages are determined. The important role of tax payments in stimulating economic and social development is substantiated. The analysis of the elasticity of change of indicators of economic development of the country from the change of volume of tax receipts to the budget is carried out. The necessity of improving the existing policy of establishing, accrual, payment, and distribution of tax revenues as one of the most promising areas to stimulate economic growth is concluded. Keywords: tax policy, revenues, tax evasion, state budget, elasticity, economic development


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