Brute Force (Anti) Federalism

States are engaging in brute force (anti) federalism, where both sides of the political spectrum push agendas that extend beyond the Founder's early ideal of balanced federalism, using popular support and special interest groups' interests as their springboard. These trial-and-error tactics increase vertical and interstate horizontal frictions, create political and economic challenges for businesses, and increase American polarization. However, they also allow states the opportunity to force an increasingly stalemated federal government into action. This article introduces the concept of brute force (anti) federalism by first examining the evolution of modern federalism. It then offers a sampling of state brute force efforts, analyzes the effect of popular momentum and special interest groups on state political activity, advances broad-based perspectives surrounding brute force (anti) federalism, and poses additional questions to be considered.     

Case Baiting

In 2014, New Jersey passed the Sports Wagering Act, permitting sports betting at state casino and racetrack venues, in direct conflict with the federal Professional and Amateur Sports Protection Act. In 2017, South Dakota passed Senate Bill 106, requiring that certain e-commerce retailers collect and remit sales tax, in violation of federal law. The two U.S. Supreme Court decisions arising from challenges to these state statutes—South Dakota v. Wayfair and Murphy v. NCAA—exemplify U.S. Supreme Court “case baiting.” Case baiting is a tactic states implement to challenge federal directives by passing state legislation that directly conflicts with federal law to lure the Court into granting certiorari and ruling in their favor. This article argues that South Dakota's and New Jersey's triumphs pave the way for other jurisdictions to pursue similar strategies across multiple legal issues such as abortion restrictions and immigration law. In addition, this article suggests that case baiting invites further scholarly exploration of important policy considerations, including the use of this tactic as a novel approach to the application of law and strategy, whether case baiting promotes the Court's progression toward a more quasi-legislative role, and whether passing conflict legislation violates state legislators’ oaths of office.     

General Motor Holden's closure in Playford,South Australia: Analysis of the policy response and its implications for health

Deindustrialisation and the closure of automotive manufacturing can differentially affect the socioeconomic prospects of workers and their communities, and contribute to social and health inequity. We used Bacchi's problematisation approach to examine the South Australian (SA) Labor government's policy responses to the General Motors Holden (GMH) Elizabeth plant closure announcement. We focused on the way that these policy responses framed the ‘problem’ of this major economic shock, particularly the extent to which potential social and health equity consequences were addressed. We found a narrow focus on economic strategies, neglecting the compounding impact of poverty in Playford, which may exacerbate health inequity. The community effects from the GMH closure remain uncertain and may be delayed for several years. SA requires better integrated social and economic policies to minimise social and health inequalities, as the consequences of the car manufacturing loss are realised.     

Predictors of sexual aggression among male juvenile offenders

The purpose of this study was to conduct a longitudinal examination of predictors of sexual aggression among male juvenile offenders. Four hundred and four adolescent males between the ages of 14 and 17 years were recruited from juvenile probation offices to take part in a prospective study of substance use and sexual risk. At baseline, participants completed a series of questionnaires that assessed putative risk factors for sexual aggression. They then completed a measure of sexual aggression at the 6-month follow-up period. Correlational analyses revealed that participants who reported hard drug use, more frequent alcohol and marijuana use, and less severe offenses reported engaging in more severe sexual aggression. In addition, participants who reported higher impulsivity, sensation seeking, and externalizing behaviors also reported participating in more severe sexual aggression. When these variables were included in a regression analysis, only externalizing behaviors and severity of offense uniquely predicted severity of sexual aggression at the 6-month follow-up.     

A Tale of Two Taxes: The Fate of Environmental Tax Reform in Canada

Policy makers who embrace market‐based approaches to environmental regulation, typically eschew carbon taxes in favor of the political advantages of cap and trade, which offers lower visibility of costs to consumers and the opportunity to allocate valuable permits freely to industry. Against this backdrop, the article examines two surprising proposals for carbon taxes, by the government of British Columbia (BC) and by the federal Liberal Party of Canada. Both reflected a triumph of party leaders' normative “good policy” motives over “good politics.” The BC tax alone succeeded first because it was adopted by a party already in government. Second, the onset of a recession before the next elections shifted voters' attention to the economy, which advantaged the BC Liberals but disadvantaged their federal counterparts. However, proposals for carbon taxes were unpopular in both jurisdictions, offering a cautionary tale concerning the fate of politicians' normative commitments absent electoral backing.     

Scavenging behavior of Lynx rufus on human remains during the winter months of Southeast Texas

Animal-scavenging alterations on human remains can be mistaken as human criminal activity. A 32-day study, documenting animal scavenging on a human cadaver, was conducted at the Southeast Texas Applied Forensic Science facility, Sam Houston State University, Huntsville, Texas. A Stealth Cam Rogue IR was positioned near the cadaver to capture scavenging activity. An atypical scavenger, the bobcat, Lynx rufus, was recorded feeding on the cadaver. Scavenging by bobcats on human remains is not a predominant behavior and has minimal documentation. Scavenging behaviors and destruction of body tissues were analyzed. Results show that the bobcat did not feed on areas of the body that it does for other large animal carcasses. Results also show the bobcat feeds similarly during peak and nonpeak hours. Understanding the destruction of human tissue and covering of the body with leaf debris may aid forensic anthropologists and pathologists in differentiating between nefarious human activity and animal scavenging.     

Healthy Families America effectiveness: a comprehensive review of outcomes

This paper reviews 33 evaluations of Healthy Families America sites, with emphasis on 15 studies that include a control or comparison group. Outcome domains include child health and development, maternal life course, parenting, and child maltreatment. Parenting outcomes (e.g., parenting attitudes) show the most consistent positive impacts. Mixed results in other domains indicate the need for in-depth research to identify factors associated with better outcomes. Several factors that may contribute to differences in outcomes are discussed, including site implementation and quality, differences in family risk levels, and recent augmentations to program design. The paper also highlights two large-scale evaluations, one community-wide (Hampton, Virginia) and one statewide (Indiana), to illustrate exemplary evaluation approaches found in HFA research. Overall, HFA's continuing evolution has been positively impacted by researcher-practitioner partnerships.