Law & Regulation
How States Stand to Gain or Lose Federal Funds by Opting In or Out of the Medicaid Expansion
The Commonwealth Fund Vol 32, December 2013
Sherry Glied and Stephanie Ma
Following the Supreme Court's decision in 2012, state officials are now deciding whether to expand their Medicaid programs under the Affordable Care Act. While the states' costs of participating in the Medicaid expansion have been at the forefront of this discussion, the expansion has much larger implications for the flow of federal funds going to the states. This issue brief examines how participating in the Medicaid expansion will affect the movement of federal funds to each state. States that choose to participate in the expansion will experience a more positive net flow of federal funds than will states that choose not to participate. In addition to providing valuable health insurance benefits to low-income state residents, and steady sources of financing to state health care providers, the Medicaid expansion will be an important source of new federal funds for states.
Routledge Handbook of Media Law
(eds.) Monroe Price, Stefaan Verhulst, Libby Morgan
Featuring specially commissioned chapters from experts in the field of media and communications law, this book provides an authoritative survey of media law from a comparative perspective.
The handbook does not simply offer a synopsis of the state of affairs in media law jurisprudence, rather it provides a better understanding of the forces that generate media rules, norms, and standards against the background of major transformations in the way information is mediated as a result of democratization, economic development, cultural change, globalization and technological innovation.
The book addresses a range of issues including:
- Media Law and Evolving Concepts of Democracy
- Network neutrality and traffic management
- Public Service Broadcasting in Europe
- Interception of Communication and Surveillance in Russia
- State secrets, leaks and the media
A variety of rule-making institutions are considered, including administrative, and judicial entities within and outside government, but also entities such as associations and corporations that generate binding rules. The book assesses the emerging role of supranational economic and political groupings as well as non-Western models, such as China and India, where cultural attitudes toward media freedoms are often very different.
Monroe E. Price is Director of the Center for Global Communication Studies at the Annenberg School for the University of Pennsylvania and Joseph and Sadie Danciger Professor of Law and Director of the Howard M. Squadron Program in Law, Media and Society at the Cardozo School of Law.
Stefaan Verhulst is Chief of Research at the Markle Foundation. Previously he was the co-founder and co-director, with Professor Monroe Price, of the Programme in Comparative Media Law and Policy (PCMLP) at Oxford University, as well as senior research fellow at the Centre for Socio Legal Studies.
Libby Morgan is the Associate Director of the Center for Global Communication Studies at the Annenberg School for the University of Pennsylvania.
From Endeavor to Achievement and Back Again: Government's Greatest Hits in Peril
In To Promote the General Welfare: The Case for Big Government. Steven Conn, Ed., Oxford Univeristy Press
Paul C. Light
"These 10 articles from leading scholars address federal government activism in such areas as health, education, transportation, and the arts. In some areas, federal involvement has been direct; for example, while school public systems are governed locally, Washington provides about 10% of k–12 funding. Similarly, antipoverty programs, such as the New Deal’s Social Security Act and Aid for Dependent Children, have played a major role in reducing the poverty rate from around 40% in 1900 to 11.2% in 1974. At other times, Washington has exerted influence more subtly, through regulations and research. Examples include the 1933 Glass-Steagall Act, which mandated the separation of investment and commercial banking and the WWII-era research that yielded compounds to prevent and cure malaria, syphilis, and tuberculosis. Further, as public policy scholar Paul C. Light points out in a fascinating concluding piece, more than two-thirds of leading governmental initiatives have been supported by both Democratic and Republican administrations. However, Light adds, the massive tax cut in 2001 “continue[s] to constrain federal investment in problem solving.” The scholars brought together by Ohio State historian Conn (History’s Shadow) persuasively demonstrate how the growth of “big government” throughout the 20th century has benefited ordinary Americans so comprehensively and unobtrusively that they have often taken it for granted."
"Designing Deliberative Democracy" in Cyberspace: The Role of the Cyber-lawyer
9 B.U. J. Sci. and Tech. L. 1-71
The Networked State
Harvard University Press
Noveck, Beth Simone
Naturally Clean: The Seventh Generation Guide to Safe & Healthy, Non-Toxic Cleaning
Gabriola Island, BC, Canada: New Society Publishers, 2006. Print.
Hollender, Jeffrey and Geoff Davis, with Meika Hollender and Reed Doyle.
Compelling evidence links the chemicals in household products to cancer, asthma, allergies, multiple chemical sensitivity syndrome -- also known as environmental illness -- hormonal disruption, reproductive and developmental disorders, and other conditions. Yet cleaning products are exempt from the full ingredient disclosure on product labels as required for food and personal care products and enter the marketplace with little or no testing for potential health risks.
Naturally Clean explains the dangers of traditional cleaners and provides illuminating statistics that illustrate how the chemicals found in almost every home are known or likely to cause a host of serious health problems. The book's easy-to-understand introduction discusses basic household chemistry, concepts of toxicity and types of toxic exposure, and the difference between natural, organic, and synthetic chemicals.
A qualitative analysis of environmental policy and children's health in Mexico
Environ Health. 2010 Mar 23;9:14
Cifuentes E, Trasande L, Ramirez M, Landrigan PJ.
Since Mexico's joining the North American Free Trade Agreement (NAFTA) and the Organization for Economic Cooperation and Development (OECD) in 1994, it has witnessed rapid industrialization. A byproduct of this industrialization is increasing population exposure to environmental pollutants, of which some have been associated with childhood disease. We therefore identified and assessed the adequacy of existing international and Mexican governance instruments and policy tools to protect children from environmental hazards.
We first systematically reviewed PubMed, the Mexican legal code and the websites of the United Nations, World Health Organization, NAFTA and OECD as of July 2007 to identify the relevant governance instruments, and analyzed the approach these instruments took to preventing childhood diseases of environmental origin. Secondly, we interviewed a purposive sample of high-level government officials, researchers and non-governmental organization representatives, to identify their opinions and attitudes towards children's environmental health and potential barriers to child-specific protective legislation and implementation.
We identified only one policy tool describing specific measures to reduce developmental neurotoxicity and other children's health effects from lead. Other governance instruments mention children's unique vulnerability to ozone, particulate matter and carbon monoxide, but do not provide further details. Most interviewees were aware of Mexican environmental policy tools addressing children's health needs, but agreed that, with few exceptions, environmental policies do not address the specific health needs of children and pregnant women. Interviewees also cited state centralization of power, communication barriers and political resistance as reasons for the absence of a strong regulatory platform.
The Mexican government has not sufficiently accounted for children's unique vulnerability to environmental contaminants. If regulation and legislation are not updated and implemented to protect children, increases in preventable exposures to toxic chemicals in the environment may ensue.
Uninsured motorists and unsafe drivers: The role of compulsory insurance regulations
Journal of Law and Economics, Volume 47, Number 2 (October 2004), pp. 357-394.
Dehejia, R.H. & Cohen, A.
Financial development and pathways of growth: State branching and deposit insurance laws in the United States from 1900 to 1940
Journal of Law and Economics 50 (2007) 239-272.
Dehejia, R.H. & Lleras-Muney, A.
This paper studies the effect of state-level banking regulation on financial development and on components of state-level growth in the United States from 1900 to 1940. We use these banking laws to assess the findings of a large recent literature that has argued that financial development contributes to economic growth. We contend that the institutional mechanism leading to financial development is important in determining its consequences and that some types of financial development can even retard economic growth.
For the United States from 1900 to 1940, we argue that the financial expansion induced by expanded bank branching accelerated the mechanization of agriculture and spurred growth in manufacturing. In contrast, financial expansions induced by state deposit insurance had negative consequences for both the agricultural and manufacturing sectors.
"Le rôle de l'assurance maladie dans la régulation du système de santé"
Revue d'Economie Régionale et Urbaine, No. 1, 1994.
Disentangling Accountability and Competence in Elections: Evidence from U.S. Term Limits
With James Alt and Ethan Bueno de Mesquita. The Journal of Politics 73 (1): 171-186.
We exploit variation in U.S. gubernatorial term limits across states and time to empirically estimate two separate effects of elections on government performance. Holding tenure in office constant, differences in performance by reelection-eligible and term-limited incumbents identify an accountability effect: reelection-eligible governors have greater incentives to exert costly effort on behalf of voters. Holding term-limit status constant, differences in performance by incumbents in different terms identify a competence effect: later-term incumbents are more likely to be competent both because they have survived reelection and because they have experience in office. We show that economic growth is higher and taxes, spending, and borrowing costs are lower under reelection-eligible incumbents than under term-limited incumbents (accountability), and under reelected incumbents than under first-term incumbents (competence), all else equal. In addition to improving our understanding of the role of elections in representative democracy, these findings resolve an empirical puzzle about the disappearance of the effect of term limits on gubernatorial performance over time.
Risk Management of Cost Consequences in Natural Gas Transmission and Distribution Infrastructures
Journal of Loss Prevention in the Process Industries, Vol. 23
Simonoff, J.S., Restrepo, C.E. & Zimmerman, R.
"Legislating for The Future"
Editor, RAND, 2009
Paul C. Light
Public Opinion and Constitutional Controversy
2008 New York: Oxford University Press
Citrin, E., Egan, P.J. & Persily, N.
How Brazilian prosecutors enforce labor and environmental laws: The organizational basis of creative problem-solving
Regulation and Governance (special issue)
Brazil's 8,000 prosecutors sit at the crux of the country's legal system, deciding who gets indicted and sued for common crimes and a wide array of civil violations. In many cases, particularly those concerning the most recalcitrant labor and environmental violations, prosecutors realize that compliance is not only a matter of avarice or ignorance. To the opposite, in these cases compliance requires costly and risky changes in business practices that the managers of the implicated firms are unwilling or unable to carry out on their own. Rather than prosecute, which they anticipate will eliminate jobs and undermine business profitability, or clarify the law, which they fear will be futile, prosecutors reach out and assemble a network of institutions willing to cover some of the costs and insure some of the risks associated with these changes. Ultimately, they lead an effort of inter-institutional root-cause analysis and joint-problem solving, and through this endeavor they make compliance the easiest and most obvious choice for all involved. This paper briefly describes this kind of creative problem-solving and then it analyzes how this government agency encourages and sustains this kind of deviant practice within its ranks.
The Politics of regulatory compliance and enforcement
Handbook on the Politics of Regulation”, edited by David Leviâ€Faur, London: Edward Elgar Publishers
Coslovsky, S., Pires, R. & Silbey, S.
Calorie Labeling And Food Choices: A First Look At The Effects On Low-Income People In New York City
Health Affairs (Millwood). 2009;28(6):w1110-21 (published online October 6; 10.1377/ hlthaff.28.6.w1110)
Elbel, B., Kersh, R., Brescoll, V.L. & Dixon, L.B.
We examined the influence of menu calorie labels on fast food choices in the wake of New York City's labeling mandate. Receipts and survey responses were collected from 1,156 adults at fast-food restaurants in low-income, minority New York communities. These were compared to a sample in Newark, New Jersey, a city that had not introduced menu labeling. We found that 27.7 percent who saw calorie labeling in New York said the information influenced their choices. However, we did not detect a change in calories purchased after the introduction of calorie labeling. We encourage more research on menu labeling and greater attention to evaluating and implementing other obesity-related policies.
Crime and US Cities: Recent Patterns and Implications
Annals of the American Academy of Social and Political Science. The Shape of the New American City.
Ellen, I.G. & O'Regan, K.
"Understanding the Political Context of 'New' Policy Issues: The Use of the Advocacy Coalition Framework in the Case of Expanded After-School Programs"
Journal of Public Administration Research and Theory
Brecher, C., Brazill, C., Silver, D. & Weitzman, B.C.
This article uses the Advocacy Coalition Framework to identify the stakeholders and their coalitions in the arena of after-school policy, which drew much new attention beginning in the early 1990s in many American cities. Using evidence from case studies in five cities, we show how the framework can be extended beyond stakeholder analysis to include identification of core and secondary value conflicts and of opportunities for policy analysis to help strengthen coalitions and pressures for change. Coalitions in each of the cities differ over core values relating to the purposes of after-school programs (academics versus "fun"), but policy analysts can promote common goals by developing options to deal with the secondary conflicts over the relative importance of facilities versus program content, the modes of collaboration between public schools and community based organizations, and the incentives for public school teachers to engage in staffing after-school programs.
A Boundless Enterprise: The Legacy of the Permanent Judicial Commission on Justice for Children and Judith Kaye
Government, Law and Policy Journal, Winter 2008, vol. 10, no. 2, pp 21-25. NYSBA
Schall, E. & Dicker, S.