The Sterling Act: A Brief History

A decade-by-decade examination of the 1932 legislation that conferred Philadelphia with the authority to impose taxes that are exempt from state taxes and licenses. This history focuses, in particular, on state government actions/legislation, city government actions/legislation, and court cases and decisions

State Labor Legislation Enacted in 2012

Laws concerning child labor, equal employment opportunity, human trafficking, immigration legislation, independent contractors, and prevailing wages were among the most active areas for state lawmakers in 2012

State promotion of local public goods: The case of public libraries, 1880-1929

The public library movement of the late nineteenth and early twentieth centuries led to a significant expansion of library services across the United States. We study the impact of state-level institutional development on the creation of local public goods. State library commissions were modestly funded state entities charged with helping localities establish libraries. State library associations were voluntary organizations with a similar mission, having as members the librarians of existing public libraries. Library-enabling legislation clarified the legality and taxation possibilities for local government entities such as towns, municipalities and counties to support libraries. Employing panel data drawn from a series of detailed reports on public libraries conducted by the U.S. Bureau of Education, we use a difference-in-differences methodology to identify the impact of commissions, associations, and enabling legislation on library development in matched pairs of counties that straddle state borders. Our results suggest that state-level institutions and legislation had a statistically and economically significant effect on public library development. The finding has implications for future interpretations of the history of the United States as a “nation of joiners”; local civic engagement and associational life was importantly influenced by larger scale civic and political action. JEL classifications: H40, H75, N31, N32, N41, N4

How to Improve Compliance with European Community Legislation and the Judgments of the European Court of Justice

It is well known that Member States of the European Community (“EC”) do not always comply with Treaty provisions or with directly applicable secondary Community legislation. There are, however, legal remedies in the case of noncompliance of Treaty provisions or directly binding regulations. Citizens may bring claims against Member States in national courts or may lodge a complaint with the Commission. The situation is more complicated with claims based on directives because directives must be implemented by Member State legislation. Member States are responsible for adapting their existing legislation or establishing new legislation. Often, this is done late, long after expiration of the period for Member State compliance, or else, in many cases, the transposition does not fully comply with the text or the spirit of the directive. A number of remedies are available in the event of noncompliance. European Court of Justice (“ECJ” or “Court”) case law has extended the principles of direct applicability to directive provisions that are clear and unconditional. In the Francovich case, the Court went beyond this and found that citizens can have an action for damages if they suffer a financial loss when a Member State fails to implement a directive in due time. Finally, one of the innovations of the Maastricht Treaty on European Union (“TEU”) is the possibility of ordering a Member State that fails to comply with an ECJ judgment to pay a lump sum or penalty. This new provision must be seen in the context of the Treaty provisions for infringement proceedings against Member States. Before turning to this provision, I would like to refer to some other ideas on how to improve the quality of Community legislation in order to improve Member State compliance

A Citizen's Guide to Redistricting

Provides a detailed overview of states' rules and processes for redrawing federal, state, and local legislative districts. Illustrates possible motives behind redistricting, effects on elections, implications for legislation, and reform recommendations