Garcia and the Political Safeguards of Federalism: Is There a Better Solution to the Conundrum of the Tenth Amendment?

In Garcia v. San Antonio Metropolitan Transit Authority (1985),Justice Harry Blackmun held that the Tenth Amendment does notprevent the Congress from subjecting state and local governmentsto the provisions of the Fair Labor Standards Act, concludingthat the "political safeguards offederalism" are generally adequateto protect state interests on the national scene. This articleexamines the intellectual foundations of the "political safeguardsof federalism" and finds them inadequate. It then surveys thepost-Garcia scholarship to ascertain whether an alternativetheory of the Tenth Amendment has emerged. Concluding that ithas not, the author suggests the need for afresh approach inview of the hints contained in Justice Sandra Day O'Connor'sopinion in Gregory v. Ashcroft (1991) that five justices maybe ready to reexamine the central thesis of Garcia.     

The Virtuous Polity, The Accountable Polity: Liberty and Responsibility in The Federalist

The Federalist claims to present a republican response to thetypical political problems faced by republics. That solutionrequired a departure from all models of republics known at thattime, and in particular a break with Anti-Federalist modelsthat posited heavy reliance on responsibility, understood aseither political accountability or as moral and political virtue.The Federalist challenges the Anti-Federalist notion that a"no-gap polity" is the means to safe and effective republicanism.It also challenges those who believe that virtue of people orrulers is the precondition of a republican polity. Publius doesrequire quasi-virlues of certain sorts—and thus does notrely entirely on calculating selfinterest—but these aresignificantly different from the virtues posited by earlierrepublican theorists or certain contemporary interpreters ofThe Federalist.     

Rural Development Councils: An Intergovernmental Coordination Experiment

Eight pilot state Rural Development Councils were establishedby the federal government in 1990 to coordinate rural developmentefforts among federal departments and agencies and to establishcollaborative relationships with states, local governments,and the private sector. After one year of operation, these councilsprovided a mechanism for the participating states to definethe rural issues relevant to their unique settings and to worktoward the accomplishment of their goals. In addition, the processallowed federal officials in Washington and in the states toutilize the discretion available in the system to maximize collaborationand cooperation. Additional states will be involved in the effortin 1992. Three types of agendas or expectations surrounded theinitiative: substantive, political, and process approaches.Although it is too early to determine the extent to which thecouncils have "delivered" on these expectations, the experimentprovides preliminary evidence of the scope of federal abilityto stimulate change within a state as well as the economic andpolitical forces that constrain it.     

Medicaid in the 1990s: Trends, Innovations, and the Future of the "PAC-Man" of State Budgets

Rapidly escalating health-care inflation and congressionallymandated expansions have led to large increases in spendingfor Medicaid, the federal-state program of health care for thepoor. These increases came at a time when state budgets werealready under recession-induced stresses. In addition, 1991brought new pressures for Medicaid spending from the courtsand closer federal scrutiny and control over revenues used forthe program's state "match." Yet the Medicaid picture is farfrom bleak. Diversity, innovation, and an emerging stale policyrole also characterize the program in ways that epitomize thestrengths and weaknesses of the American intergovernmental system.     

The transition of migratory patterns in medium-sized cities

"The authors attempt to present some empirical findings regarding a phenomenon which they chose to call the 'transition in migratory patterns'.... The general hypothesis states that: changes in migratory patterns are due to an interaction between those economic, political and social processes which affect the distribution of the population; and that this interaction is also highly influenced by macroeconomic politics--an arena where technology plays a dominant role." Data are for Guadalajara and the state of Jalisco in Mexico. (SUMMARY IN ENG)     

The development of drug trade and drug control in the Netherlands: a historical perspective

Drug trade is widely seen as a phenomenon rather new to the Netherlands. However, at the beginning of the 20th century the Dutch pharmaceutical industries were already extensively involved in the production of both opiates and cocaine, and they went on exporting large quantities of these drugs after the Opium Act (1919) took force. Until the 1960s, arrests were not at all common, and these largely affected minority groups like Chinese opium smokers and black marijuana users. Since then, drug control efforts have increased by leaps and bounds. At first, cannabis was the main target; then the focus turned to heroin, and that was later joined by cocaine. This paper traces the history of the drug trade and drug control in the Netherlands, with emphasis on their development in Amsterdam. The conclusion is reached that, in spite of drastic changes in both drug trade and drug control, certain ideologies, constructs and strategies have remained remarkably stable.     

From coercion to deception: the changing nature of police interrogation in America

Our police, with no legal sanction whatever, employ duress, threat, bullying, a vast amount of moderate physical abuse and a certain degree of outright torture; and their inquisitions customarily begin with the demand: If you know what's good for you, you'll confess. (Ernest Jerome Hopkins, 1931)¹ Today, Ness Said, interrogation is not a matter of forcing suspects to confess but of conning them. Really, what we do is just to bullshit them (William Hart, 1981)² There is an interesting irony at work here: restrict police use of coercion, and the use of deception increases. (Gary Marx, 1988)³ In both popular discourse and academic scholarship one continually encounters references to the tradition-bound police who are resistant to change. Nothing could be further from the truth. The history of the American police over the past 100 years is the history of drastic, if not radical, change. (Samuel Walker, 1977)⁴ A longer version of this paper was presented at the Annual Meeting of the American Society of Criminology in November, 1991.     

Human rights safeguards and international cooperation in extradition: Striking the balance

Conclusion It is necessary to strike the correct balance between safeguarding the rights of the individual and engendering mutually beneficial cooperation between states in extradition matters. In the absence of effective global international human rights enforcement mechanisms, many of the traditional safeguards still have a real role to play in extradition. This article reviewed five such safeguards and found that all but the nationality exception should be retained to ensure that international cooperation and individual protection are both safeguarded for the common good of society.This is a revised version of a paper presented at an international workshop on Principles and Procedures for a New Transnational Criminal Law, organized jointly by the Society for the Reform of Criminal Law and the Max Planck Institute for Foreign and International Criminal Law, Freiburg, Germany, May 21–25, 1991.LL.B., University of Exeter 1973; LL.M., Osgoode Hall Law School 1974; D. Jur., Osgoode Hall Law School 1976.     

Comprehensively Advance Reform of the Urban Housing System Opinion. [Summary 1991

On 31 December 1991, the Chinese State Council Housing System Reform Leading Group announced this Opinion, setting out targets, principles, and policies for the reform of the system of provisional housing in urban areas. Section 1 of the Opinion provides that the long-term goal of reform is to convert the distribution of housing from a system based on welfare allocation to one based on commodity exchange either by purchase or rental. Section 2 sets the following targets for reform: a) within the period of the Eighth Five-Year Plan, the system will be converted from one of low rent to one in which the calculation of rent will be based on cost of upkeep, administration costs, and depreciation; b) by 2000, the calculation of rent will be based on the above factors, as well as interest on investment and property taxes; and c) in the long term, the calculation of rent will be based on all of the above factors, as well as land rent, insurance premiums, and profit. Section 4 deals with policies for managing various problems such as rent increases and subsidies, sales of housing, financing for housing, the system of investment in and construction of housing, and administration of housing. This Section provides that a three-level housing investment fund based on municipalities, work units, and individuals will be established.