Interstate Competition and Welfare Policy

In 1996, the federal government terminated the Aid to Familieswith Dependent Children (AFDC) program and replaced it withthe Temporary Assistance for Needy Families program (TANF).Many powers once held by the federal government are now beingused by state governments. Will welfare assistance be redesignedand expanded or will states "race to the bottom?" This issueis investigated by examining state welfare policy choices duringthe latter years of AFDC(1976–1994). Because each stateunder AFDC had the authority to set the level of its welfareguarantee for families that had no income, it is possible toestimate the effects of interstate competition on AFDC guaranteelevels. By estimating a spatial autocorrelation coefficientwhile controlling for theoretically relevant variables and statefixed effects, this study finds evidence that states are sensitiveto the welfare policies of their competitors.     

Special report on patient care. The new federal patient-dumping regulations: some commonly asked questions and answers

Until both providers and government surveyors become more familiar with the new EMTALA regulations, there will be an uncomfortable period of adjustment, and perhaps some turmoil as well, particularly regarding the new requirement that facilities who receive suspicious transfers report those transfers to HCFA. Providers should carefully examine their internal policies on discharge and transfer of emergency patients to assure that those policies are consistent with the new regulations. Particular attention should be given to inservice training for medical and support personnel in the emergency department, because they must precisely comply with the law and their errors can subject the hospital to costly investigations and potential fines of $50,000 for each violation.     

Exploring the offshore interface

The connections between economic development, corruption, and the increasingly globalised financial system are not yet fully understood. This article examines the offshore interface — tax havens and offshore finance centres — that lies between the developed countries and Less Developed Countries (LDCs), part of the international financial system where legitimacy meets corruption. The central argument is that the existence of the offshore interface facilitates and can even encourage onshore corruption. New technology, in combination with strict bank secrecy in the private banking offshore networks of major banks, allows rapid international flows of funds, illustrating an increasing synergy between the offshore interface, globalisation and onshore corruption.An earlier version of this paper was read at the Development Studies Annual Conference in Dublin, 7–9 September 1995.     

State legislative approaches to regulating the use of genetic information

As genetic testing becomes more prevalent and the uses for genetic information multiply, we are likely to witness more demand for comprehensive state legislation on the order of the Oregon law regulating the procedures for obtaining and using genetic information. In addition, the United States Senate has expressed an interest in the subject. The Senate Labor and Human Resources Committee reportedly agreed on August 2, 1995 to include in a health insurance reform bill (S. 1028) language prohibiting health plans from using genetic information when determining eligibility, continuation, enrollment, or contribution requirements. 4 BNA's Health Law Rep. at 1218 (Aug. 10, 1995). Insurance companies continue to maintain that genetic test results are simply another factor that should rightfully be used during underwriting, much as age, medical history, and physical examinations are routinely used today. Right to privacy advocates argue that genetic testing provides employers and insurance companies with too much information and offers a great potential for discrimination. As more states wrestle with this issue, these competing interests are likely to be debated in public forums throughout the country.     

Forced abortions and involuntary sterilization in China: are the victims of coercive population control measures eligible for asylum in the United States?

This Article discusses the propriety of granting political asylum to Chinese citizens fleeing China's coercive population control policy. It argues that China is persecuting some of its citizens through its population control policy and that the United States should grant asylum to those who have been persecuted or who have a genuine fear of future persecution.     

From Shaw v. Reno to Miller v. Johnson: Minority Representation and State Compliance with the Voting Rights Act

In 1994, four federal district courts applied the tests setforth in Shaw v. Reno in order to rule on the constitutionalityof congressional districting schemes that were comprised, inpart, of "majority-minority" districts. The difference of opinionthat arose among the lower courts indicated that Shaw had setforth unclear standards for determining (I) what role the federalcourts should play in monitoring state redistricting practices,and (2) whether a remedial redistricting plan is a racial gerrymander.Also, the disagreements exposed the weakness of some of theassumptions on which voting rights analysis is grounded. InMiller v. Johnson, the Supreme Court sought to address the lowercourts' concerns. Nonetheless, voting rights jurisprudence remainsunclear regarding (I) what constitutes a valid claim of vote-dilution,and (2) whether voting should be perceived as a group or individualright.     

The normative foundation of social science in law revisited: A reply to melton

Conclusion The primary thrust of Melton's argument is that opposition by organized psychology to the Bork nomination would have been consistent with the jurisprudential philosophy on which social science in law, as a scholarly movement, is based (p. 317). If APA is to justify opposition to Bork or future Supreme Court nominations (e.g., Souter), there should be a clearly identified normative foundation that directly leads to such advocacy. A stance based partly upon scholarship thatimplies reverence for constitutional values and partly upon preambles and principles of an ethical code is too slender a reed from which to cast APA's institutional support for a Supreme Court candidate. When such a stance is adopted, APA unfortunately becomes one of an increasing number of organizations attempting to influence political decisions by claiming allegiance to values consistent with democracy.Advocacy based on a normative foundation of social science in law jurisprudence could be justified by APA if, and only if, (a) there is an identifiable SSL jurisprudence, (b) there is consensus on the values underlying such a jurisprudence, and (c) adherence to these values argues against the nomination of Bork or others (e.g., Souter) to the Supreme Court. Because these conditions currently cannot be met, organized opposition to Supreme Court nominations cannot be justified on a normative foundation of SSL jurisprudence.Editor's Note: This issue marks the introduction of theComments section. Readers are invited to submit brief comments on articles published in this journal.