State & Local Government eJournal最新文献

{"title":"New Governor, New Evaluations of the Direction Michigan Is Headed among Local Leaders","authors":"D. Horner, Thomas M. Ivacko","doi":"10.2139/ssrn.3491380","DOIUrl":"https://doi.org/10.2139/ssrn.3491380","url":null,"abstract":"This report presents the opinions of Michigan’s local government leaders regarding the direction in which the state is headed, as well as their evalua-tions of the job performance of Governor Gretchen Whitmer and the Michigan Legislature. These findings are based on statewide surveys of local government leaders in the Spring 2019 wave and tracking comparisons to previous spring waves of the Michigan Public Policy Survey (MPPS).","PeriodicalId":368113,"journal":{"name":"State & Local Government eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121150459","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Extent of EQC Liability for Damage from Sea-Level Rise","authors":"Catherine J. Iorns Magallanes, V. James, J. Stoverwatts","doi":"10.2139/ssrn.3685506","DOIUrl":"https://doi.org/10.2139/ssrn.3685506","url":null,"abstract":"This paper considers the extent to which damage associated with sea-level rise is covered by insurance administered by the Earthquake Commission (EQC). EQC provides a natural disaster insurance scheme to help households recover from disaster and manage the fiscal risk to the Crown from natural hazards. While sea-level rise is not an insurable event, it will substantially increase damage from storms, flooding and landslips, which is covered by EQC.<br><br>EQC cover complements private residential building insurance by providing cover for land underneath insured buildings damaged by natural disasters, and is bundled together with private insurance, meaning that if private insurers withdraw cover due to increased risk, EQC cover is also withdrawn.<br><br>While EQC’s role is in post-event recovery, it has a range of methods available for settling claims, including replacement, reinstatement, and relocation, and is able to require that claim settlement payments be used to repair damage, meaning it also has an indirect role in pre-event resilience. Further, EQC’s recently adopted approach to settling claims for increased flooding vulnerability by paying the diminution of land value arguably extents its role beyond its primary focus of immediate recovery from disaster.<br><br>However, EQC does not currently have discretion to take pre-event resilience into account when electing claim settlement methods.<br><br>An inquiry into the EQC scheme is currently underway, focused on the Canterbury earthquakes, and as such the scope does not encompass climate change issues. The inquiry will inform legislative changes. While it is imperative that the inherent nature of EQC as a natural disaster insurance scheme is preserved, it is also clear that there is room to investigate changes to EQC’s policies to enable it to take a direct role in supporting pre-event resilience, within its existing scope. This could be undertaken alongside the current inquiry.<br><br>EQC considers there is a time-bound dimension to managing the impacts of climate change, with the most significant effects likely to occur in the short term while longer-term planning is undertaken by local and central government. This does not preclude policy change in the short term; and reconsideration of EQC policies on relocation, replacement, and reinstatement, in particular, could also support longer-term planning by other agencies.","PeriodicalId":368113,"journal":{"name":"State & Local Government eJournal","volume":"120 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127285283","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Bathrooms as a Homeless Rights Issue","authors":"Ron S. Hochbaum","doi":"10.2139/SSRN.3352868","DOIUrl":"https://doi.org/10.2139/SSRN.3352868","url":null,"abstract":"Bathrooms are a bellwether of equality. Segregated bathrooms were at the center of the Civil Rights movement. Accessible bathrooms were at the heart of the Disability Rights movement. Now, gender-neutral bathrooms or bathrooms assigned by gender, rather than sex, are at the heart of the Transgender Rights movement. \u0000 \u0000This article is the first to examine the right to access bathrooms as it relates to the homeless community. The article explores the current paradox where cities, counties, and states provide few, if any, public bathrooms for the homeless community and the public at large, while criminalizing public urination and defecation. \u0000 \u0000To better understand this paradox, the article contains two original multi-jurisdictional surveys. The first reviews the prohibitions on public urination and defecation in the 10 municipalities with the most homeless individuals. The second explores the Freedom of Information Act and Public Record Act responses of those municipalities to requests for information regarding the public bathrooms they operate and potential barriers to use for homeless individuals (e.g. closing in the evenings or particular seasons, charging a fee for entry, being located in buildings requiring identification for entry, etc.). \u0000 \u0000The article contextualizes the paradox in relation to human dignity, public health, and the historical use of bathroom access as an exercise of power. It contends that the current scheme denies homeless individuals a basic sense of dignity, while undermining the health and safety justification for prohibitions on public urination and defecation by failing to operate public restrooms. The article further argues that government actors use bathrooms to marginalize the homeless community in the same way that they have used them to marginalize women, people of color, individuals with disabilities, and transgender individuals. In exploring this use of power, the article argues that prohibitions on public urination and defecation are part of a larger trend of criminalizing homelessness and the evolution of segregation. \u0000 \u0000Finally, the article evaluates potential solutions to the paradox. The solutions reviewed include increasing the availability and accessibility of public restrooms, leveraging private industry, and reforming or challenging the law. The article concludes that any long-term solution to the problem requires an examination of the paradox through the lens of the homeless community.","PeriodicalId":368113,"journal":{"name":"State & Local Government eJournal","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121389220","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Parker v. Brown, the Eleventh Amendment, and Anticompetitive State Regulation","authors":"W. H. Page, J. Lopatka","doi":"10.2139/SSRN.3253188","DOIUrl":"https://doi.org/10.2139/SSRN.3253188","url":null,"abstract":"The Parker v. Brown (or “state action”) doctrine and the Eleventh Amendment of the Constitution impose differen limits on antitrust suits challenging anticompetitive state regulation. The Supreme Court has developed these two versions of state sovereign immunity separately, and lower courts usually apply the immunities independently of each another (even in the same cases) without explaining their relationship. Nevertheless, the Court has derived the two immunities from the same principle of sovereign immunity, so it is worth considering why and how they differ, and what the consequences of the differences are for antitrust policy. The state action immunity is based on statutory interpretation of the Sherman Act; the Court has shaped the shaped the doctrine over seventy-five years, guided by both considerations of state sovereignty and antitrust policy, so it should reflect a balance of the two critical variables. The Eleventh Amendment immunity, by contrast, has nothing specifically to do with antitrust policy; it is a general constitutional doctrine based on state sovereignty, with some acknowledgment of the demands of general federal authority. Our concern is that the application of the broader immunity is can thwart the balance between state sovereignty and antitrust policy reflected in the antitrust-specific immunity. \u0000There are many differences between the immunities, but the only significant area of concern is in the subset of cases in which Eleventh Amendment immunity applies but the state action immunity does not—cases, in other words, in which the Supreme Court has chosen to deny Parker immunity to state-connected actors, in part because of considerations of antitrust policy. In those cases, the antitrust-specific version of sovereign immunity does not protect the state actors from damage liability, but the Eleventh Amendment immunity does. Is that a problem? To make a long story short, we conclude that the effect of the conflict on consumer welfare is probably small, because of the Eleventh Amendment immunity’s own limitations, and because of adaptations that public and private enforcers can make in case of a conflict. The outcome may, entirely by accident, be efficient.","PeriodicalId":368113,"journal":{"name":"State & Local Government eJournal","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132976383","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Full Deduction Rule and the Substance Over Form Doctrine","authors":"Joseph Bankman, Darien Shanske","doi":"10.2139/SSRN.3235978","DOIUrl":"https://doi.org/10.2139/SSRN.3235978","url":null,"abstract":"In this essay, we discuss the application of substance over form and related common-law interpretive doctrines to the new donation credit proposals, the so-called “SALT workarounds.” The authors conclude that, unlike in the context of corporate tax shelters, application of these doctrines would involve the IRS and courts in decisions best left for Congress. This is not only because applying these doctrines will require making intrusive and controversial policy decisions, but also because there is no rush. The classic tax shelters were developed in secret and often took years to come to the attention of the IRS, and still longer before legislation could prospectively reduce their benefits. Promoters could be three shelters down the road before an earlier one was uncovered. If shelters worked until they were legislated against, there would always be shelters that worked, and new shelters in development. Application of backup common law doctrines was, as a practical matter, a necessity. That is not the case here; Congress is clearly aware of the issue and can make distinctions between different programs and beneficiaries as it sees fit. Authors’ Note: This Essay was written before the promulgation of regulations in connection with state responses to the capping of the SALT deduction.","PeriodicalId":368113,"journal":{"name":"State & Local Government eJournal","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127891078","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Protecting the Deep State: Making Sense of Section 107 of New York's Civil Service Law.","authors":"Bennett Liebman","doi":"10.2139/ssrn.3206849","DOIUrl":"https://doi.org/10.2139/ssrn.3206849","url":null,"abstract":"This article reviews the long and convoluted history of New York's Section 107 of the Civil Service Law, which is designed to protect government workers from dealing with political interference in the performance of their jobs.","PeriodicalId":368113,"journal":{"name":"State & Local Government eJournal","volume":"29 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134041316","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Koalas Rejoice! And a Good Day for Local Councils in Queensland Too…Yes, Really!","authors":"P. England","doi":"10.2139/ssrn.3180462","DOIUrl":"https://doi.org/10.2139/ssrn.3180462","url":null,"abstract":"This paper discusses some of the key features arsing in the Court of Appeal's decision in Boral Resources (Qld) Pty Limited v Gold Coast City Council [2018] QCA 75 and draws out the implications for planning law, local communities and councils.","PeriodicalId":368113,"journal":{"name":"State & Local Government eJournal","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114493180","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Brief of Four US Senators in South Dakota v. Wayfair (Merits)","authors":"Darien Shanske, A. Morrison","doi":"10.2139/SSRN.3170470","DOIUrl":"https://doi.org/10.2139/SSRN.3170470","url":null,"abstract":"Amici agree with petitioner that the physical presence rule established by Quill Corp. v. North Dakota, 504 U.S. 298 (1992), should be overturned. As Justice Kennedy has explained, the decision was “questionable even when decided, [and] now harms States to a degree far greater than could have been anticipated earlier.” Direct Mktg. Ass’n v. Brohl, 135 S.Ct. 1124, 1135 (2015) (Kennedy, J., concurring). \u0000This brief primarily addresses the important question of what will happen if this Court overturns Quill. There is no doubt that the respondents and their amici will argue that vast confusion will ensue if the states are freed from the bright-line rule of Quill. That will not happen for (at least) three reasons. First, there is little evidence that the states would rush to enact a welter of burdensome use tax collection laws and much evidence to the contrary. Furthermore, the same technological innovations that have made the adverse impacts of the Quill rule so problematic for States like South Dakota have also driven down the cost of compliance, thereby reducing the likelihood that state laws can impose significant costs on remote sellers. \u0000Second, should this Court overturn the physical presence rule established in Quill, that does not mean that this Court, or courts generally, will not be able to protect interstate sellers. There are a number of doctrines that remain to guard against potential abuses. First, should a state or locality impose obligations on remote sellers that do not apply to local vendors, then such laws are virtually per se invalid. Second, should a state or locality impose financially significant obligations on remote sellers, then Pike v. Bruce Church, Inc., 397 U.S. 137, 142 (1970), adequately protects them if the “burden imposed [by state laws] is clearly excessive in relation to the putative local benefits.” \u0000Third, Congress is standing by to act should states overstep. The Quill rule reversed the default set up by the Constitution under which states are free to act as sovereigns unless Congress acts. If Quill is overturned and the constitutional default restored, amici believe that Congress is fully prepared to act, especially if the problem to be solved is overreaching by a few states or by certain local tax schemes that collectively place excessive burdens on out-of-state sellers. Furthermore, with the Quill tax shelter no longer available, all the states and interstate sellers will favor establishing standard rules of practice in order to facilitate orderly and efficient revenue collection. In this regard, it is notable that commercial interstate interests have had considerable success in persuading Congress to pass balanced laws that have served to streamline their interactions with state and local revenue authorities while protecting legitimate state interests.","PeriodicalId":368113,"journal":{"name":"State & Local Government eJournal","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-03-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128361096","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Waste Management in the Community: A Case Study of Maesook Municipality, Chae Hom District, Lampang Province, Thailand","authors":"Wit Sattakorn, Thanawit Butr-udom, Worraya Jatupatrangsee","doi":"10.2139/ssrn.3248123","DOIUrl":"https://doi.org/10.2139/ssrn.3248123","url":null,"abstract":"This article is part of a research project on the extension of results for waste management by modeling community: a case study of Maesook Municipality, Chae Hom District, Lampang Province. The objectives of this study were to study the community waste management model and the factors affecting the success of the waste management of Maesook Municipality. It was qualitative research. The data were collected from the key informants, including those involved in waste management of Maesook Municipality and the people living in Moo 1, Ban Maesook which was a village model of waste management of Maesook Municipality. A total of 20 key informants were selected by a purposive sampling method. The data were collected from documents, non-participant observation, semi-structured interview and focus group discussion. Content analysis was employed to analyze the data. It was found that the waste management model of Maesook Municipality was a collaborative operation with educational institutions using the research process as the guidelines for the operation. The operation focused on systematic operation with a clear operational framework, including objectives, research management process, creating community collaborative to create output, outcome, and policy recommendations for the development of effective waste management in the community. This type of operation resulted in effective the waste management of Maesook Municipality. The factors affecting the success of waste management of Maesook Municipality included the government regulations and enforcement that decentralized to local authorities and the regulations consistent with the community context; the continuous development of waste management of the local government and the creation of new interesting ways for waste management; the participation in waste management requiring daily waste management behaviors contributing to reduction of waste as well as encouraging people to take care of the environment in the community and the bureaucratic process focusing on creating understanding and acceptance of the waste management policy so that the practitioners can efficiently provide public services to the community.","PeriodicalId":368113,"journal":{"name":"State & Local Government eJournal","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132409340","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Untangling Hair Braider Deregulation in Virginia: A Case Study Approach","authors":"E. Timmons, Catherine Konieczny","doi":"10.2139/ssrn.3169519","DOIUrl":"https://doi.org/10.2139/ssrn.3169519","url":null,"abstract":"In this paper, we estimate the effects of removing the license requirement for hair braiding in Virginia in 2012. Using County Business Patterns and Nonemployer Statistics data from 2004 through 2014, we examine Virginia border county pairs to compare beauty salon establishments before and after deregulation. In seven of the eight groups examined, the number of employer establishments in the Virginia counties grew either more quickly or at the same pace as did the number of employer establishments in the border county. Similarly, seven of the eight groups saw increases in the number of proprietor establishments. A simple statistical test confirms that Virginia counties experienced beauty shop growth at a rate approximately 7 percent higher than that in contiguous counties in bordering states. We also found some evidence at the state level that deregulation has created more opportunities for smaller owner-operated beauty salons (an increase in proprietor density of more than 8 percent) in Virginia. Taken together, our findings support the notion that deregulation of hair braiding has enhanced economic opportunity for hair braiders in Virginia.","PeriodicalId":368113,"journal":{"name":"State & Local Government eJournal","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126314663","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}