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 Medicare secondary payor provisions: possible rewards and pitfalls

A 1990 report prepared by the Office of Inspector General estimated that as much as $1 billion is lost to the Medicare program annually because (i) secondary payor situations are not detected and (ii) insurance companies often do not pay when they are required to be the primary payors. Office of Inspector General, No. A-09-98-00151, April 1990, Medicare and Medicaid Guide (CCH) [symbol: see text] 39,112, at 25,649. In order to better enforce the MSP provisions, suggestions have been made at the Congressional level to impose sanctions against providers who demonstrate a pattern of inappropriate billing practices such as double billing, repeated failures to screen beneficiaries for other insurance coverage, and the repeated submission to Medicare of bills that should be submitted to another payor. (See the Subcommittee Report on erroneous payments under the MSP program, supra.) Although authority for such sanctions has yet to be adopted, given the fiscal problems currently plaguing the federal government, providers can expect increased enforcement of the MSP provisions as a means of reducing Medicare costs, and should review their screening and billing practices accordingly.     

Family types and communication with parents: A comparison of youth at different identity levels

Recent theory views adolescent behavior as nested in an ongoing system of family relationships. In keeping with this focus, differences in family functioning of high vs. low identity achievement youth were examined and variables to account for differing identity levels were explored. However, the hypothesized relationship (Circumplex Model) between family type and communication was also examined. Subjects were 411 male students, 18–24 years of age, belonging to intact nuclear middle-class homes, who resided with parents in urban areas. Measures used were the Identity Achievement Scale, Family Adaptability and Cohesion Evaluation Scale, and the Parent-Adolescent Communication Scale. Results supported an association between balanced family type and effective communication (p.001). Significant differences in the family types were found (p.001), with high identity subjects belonging to balanced families, experiencing more openness (p.01) and less problems (p.01) in communicating with parents. Openness with father, mother, and problems with father emerged as significant discriminants. There are important implications for counselling and therapy with youth, placing family at the center of the psychosocial milieu influencing their development.Received Ph.D. from H.P. University. Research interests: adolescent psychosocial development, youth, identity, and family influences.Received M.A.; Ph.D. from Boston University; Panjab University. Research interests: family interiors, women studies, life stress, self image (DAP), sexuality, myths, holistic healing, and tribal women.