Dillon's Rule Under the Burger Court: The Municipal Liability Cases

Under the Burger Court, the constitutional relationship betweenstates and their municipalities has been examined primarilyin cases involving private suits initiated against municipalitiesunder federal antitrust and civil rights statutes. Since theCourt's 1943 Parker v. Brown decision, it had been presumedthat municipalities as political subdivisions of states wereas immune as their states from tort liability under the ShermanAntitrust Act. The Burger Court, however, ruled that municipalitiesare not automatically immunized from tort liability simply becauseof their status as political subdivisions unless they can demonstratethat their actions were undertaken pursuant to an expressedstate policy. After 1980, the Court continued to uphold thevulnerability of municipalities to private suits authorizedby federal statutes, but moved to narrow the types of remedyappropriate under common law. The Burger Court did not, therefore,address the more fundamental question of whether municipalitiesas public actors should be liable to private damages in thecourse of their public functions.     

Comparative Green Politics: Beyond the European Context?

It is argued that there are significant differences between green electoral politics in Europe and green developments in the affluent non-European west, and that these are such that, despite the greater political formalization of the green movement in Western Europe, there is a sense in which North American and Antipodean developments are ultimately more fundamental than those that have occurred in Europe. Loosely adopting explanatory categories employed by Rudig and Lowe in a Political Studies article, we examine evidence under four sub-heads: electoral thresholds; the historical legacy of the environment movement; the different contextual roles played by the anti-nuclear movement and wilderness experience, and ecology, Marxism and the new left.     

Are programme resources related to organizational change?

Abstract. This article joins two public policy approaches often employed separately: the analysis of changes in programme expenditure, and of organizational change. The first section reviews a series of alternative propositions about their relationship: organizations constricting programme innovation, or promoting efficiency or inefficiency; programme changes causing fission or fusion in organizations; increasing programme expenditure by replicating service delivery units rather than re-organization; and the place of symbolic and ad hoc political priorities. After considering problems of analyzing programme and organizational changes empirically, the article examines changes since 1945 in two major policy areas of British government, health and social security, and trade and industry. The empirical evidence emphasizes the dominance of political priorities, symbolic as well as programmatic: the capacity of organizations to grow at the base, by replicating service delivery units while formally remaining unchanged at the top, and of organizations growing at the top, by formal re-organization, while programme budgets and service delivery units are unaffected by symbolic reshuffling.     

A CRITICAL ASSESSMENT OF ELECTRONIC MONITORING IN CORRECTIONS

Electronic monitoring is a recent advance in information gathering for correctional program administration. To be effective in achieving correctional goals, electronic monitors must be applied to offenders when there is some risk of performance problem. Advocates of electronic monitoring argue they can promote public safety, save tax dollars, and enhance correctional performance. Because corrections systems find it so difficult to innovate with offenders who represent a risk to society, these claims are overstated. Electronic monitoring raises short-term concerns concerning damage to correctional program credibility and long-term concerns about the enhancement of social control.     

State Lotteries for Public Revenue

Lotteries, the state fiscal gimmick of the eighties, operate in jurisdictions encompassing substantially more than half the nation's population and enjoy considerable public acceptance. The revenue they generate is small, rarely more than two percent of state general revenue, it is subject to major year-to-year swings, and it is very expensive to generate, particularly when vendor commissions are recognized as part of cost. Furthermore, lotteries bear a high implicit excise tax rate and, because of the pattern of play across income classes, appears to worsen the overall equity of the revenue system. Their economic impact appears to be that of an internal transfer, although states with major lottery equipment suppliers have most to gain, particularly if they do not operate their own lottery. Lotteries are not destined to become mainstays of government finance, although their spread is likely, even with the fiscal questions they raise.     

Family planning and world health

She is coauthor of the 1987 and 1988 editions of State of the World;and author or coauthor of several Worldwatch papers, including: “Our Demographically Divided World” and “The Future of Urbanization.”     

Gnats and camels: Congressional oversight of population programs

She is author of Change and Choice: An Overview of Economicsand The War against Population: The Economics and Ideology of World Population Control.     

Expenditures and receipts in state and local government finances: Reply

It is worth repeating that causality testing is a very complex task. The diversity of views on interpreting the definition of causality and on the methods for testing causality highlight this issue. In our study, we cite an excellent article which provides a detailed critique of various problems associated with causality tests (see Conway, et al., 1984). It would appear that Chowdhury's comment draws very strong conclusions and fails to consider some of the complex theoretical issues regarding causality tests as well as important data problems pertaining to state and local governments. Moreover, we find it somewhat curious that, given the strong similarities in our two studies, Chowdhury prefers to dwell on the mechanics of an alternative technique rather than concentrate on the fact that his alternative technique yields supporting results to our 1987 paper on the tax-spend hypothesis.The views expressed are those of the authors alone and do not necessarily represent those of the U.S. Department of Treasury.     

Diffusing information

His many publications include Theories of Mass Communication; Understanding Mass Communication; Milestones in Mass Communication Research;and, with Otto N. Larsen, The Flow of Information.     

Voting for ‘Sin’ in Kansas

We would like to thank our colleagues Nancy Snyder and William Terrell for comments and suggestions. The assistance of Ron Farha and Michael Webb is gratefully acknowledged, as is the patience of the staff in the Elections Office of the Office of the Secretary of State, Topeka, Kansas. Any errors or omissions are, of course, the responsibility of the authors.