National-State Relations: Cooperative Federalism in the Twentieth Century

Daniel J. Elazar's 1959 Ph.D. dissertation demonstrated conclusivelythe inadequate explanatory value of the theory of dual federalismand the prevalence of cooperative national-state relations inthe period ending in 1913. Congressional employment of totaland partial preemption and coercive regulatory powers since1965 raises the question whether the theory of cooperative federalismexplains fully the functioning of the federal system at thebeginning of the twenty-first century. An examination of national-staterelations reveals that each of the two theories retains a degreeof explanatory value. There is, however, a need for a more generaltheory incorporating elements of these theories and coerciveuse of congressional powers, highlighting the generally cooperativenature of national-state relations, and explaining the continuousreadjustment of the respective powers of Congress and states.     

Reds Need Not Apply: Communism and the FCC, 1940-60

New communication technologies—particularly the Internet—have drastically complicated the problem of preserving privacy. As a result, a multitude of solutions for this increasingly complex area of the law have been put forth in recent years. This essay concludes, however, that changes in technology do not warrant altering the underlying constitutional balance that was arrived at decades ago in the tort law of privacy. The free speech limits on privacy law were imposed for good reason, and steps to protect the interest in the new online environment should not be ones that upset that careful balance.     

Community-level HIV prevention for persons with severe mental illness living in supportive housing programs: a pilot intervention study

Individuals with severe mental illness (SMI) are at risk for HIV/AIDS. Despite the availability of supportive community programs for those with SMI, there have been no published evaluations of community-level HIV prevention trials among this population. A pilot intervention trial was conducted to determine the feasibility of such an intervention in supportive housing programs (SHPs). A multi-component community-level trial was implemented in two SHPs with a total of 28 residents. Participants completed assessments at three time points: prior to the intervention (baseline), following skills training (post-assessment), and following the 4-month community intervention (follow- up). Results demonstrated significant improvements in psychosocial risk factors at both post- and follow-up assessments, with indications of sexual behavior change at follow-up. The community-level intervention appeared to reduce the risk of HIV among persons with SMI living in SHPs, and supports the importance of conducting larger scale intervention trials.