Federal Court Responses to State and Local Claims of "Undue Burden" in Complying with The Americans with Disabilities Act

Are federal courts sympathetic to local and state officials'cost concerns, particularly when it comes to meeting the requirementsof the Americans with Disabilities Act? This is the fundamentalquery taken up by this analysis. After examining twenty-eightfederal ADA cases where state and local officials have goneto court claiming that complying with this civil rights measurewould be unduly burdensome, this study comes up with mixed findings.In some cases, the courts have been sensitive to cost concernsbut, in others, they have not. Despite these inconclusive findings,this study does cast some light on what state and local officialsmust do if they expect federal courts to be sensitive to theirconcerns.     

Government 'strength' and budget deficits in advanced democracies

Abstract. Roubini and Sachs provided the first systematic test of the idea that political structure the size, composition, diversity, and/or stability of a governing cabinet - is related to budget deficits. In this paper, we take issue with several of Roubini and Sachs' choices concerning data and operationalization, and argue that their approach cannot offer clear conclusions about the relationship between national political structure and budget deficits. We test the 'strength of government' hypothesis using central government finance data on 16 countries, 1959–1990. We measure deficits in a way that maximizes comparability across countries but avoids the potential problems of standardizing by GDP. We examine carefully the definition and measurement of 'strength of government', in light of recent theoretical and empirical work in comparative politics. We perform pooled time-series regression analysis of deficit change in 16 OECD countries for the period 1959–1990. We argue that while structural differences between governments may have little impact on deficits during good economic times, they may become especially noticeable and influential during periods when governments struggle to cope with severe economic problems.     

Books in review

He has also served as research director of the Guggenheim Foundation from 1972–1984. Among his books are Men in Groups; The Imperial Animal(with Robin Fox); The Manufacture of Evil;and The Pursuit of Pleasure.     

International organized crime

He has served as a consultant to the president’s Foreign Intelligence Advisory Board, the National Security Council, and related agencies of the U.S. government. He has written, coauthored, or edited over sixteen books on intelligence and national security.     

The measurability of budget related rent-seeking

It has been suggested that the extent of rent-seeking expenditures arising from attempts to influence budget allocations should be estimated by the absolute magnitude of the observed changes in allocation. Instead, we argue that it is the extent of theex ante prospective changes that determine the level of rent-seeking, and that in the presence of countervailing activity these may be quite unrelated to the ex post observed values. We further argue that the traditional rent-seeking model of competition for a pre-specified rent is inappropriate in this context.     

The Pending Revolution in Federal Accounting Standards

Accounting standards constitute the body of guidance needed to provide coherence and direction to accountants on how to keep the books. They inform the accountant about the logic of the way that accounting data should be organized and displayed in order to maximize its value to the prospective user. (The prospective users, in the case of federal accounting, range from the president and Congress through agency managers to the general public.) Federal accounting standards are the equivalent, for accounting, of budget concepts for the federal budget. After a long genesis, federal accounting standards are in the midst of a revolution which, if it succeeds, will transform the way accounting reports on federal fiscal activities and how it relates to the federal budget. This article, written from the perspective of a budget concepts technician who has participated in this effort, reviews these developments and where they seem to be heading.     

'To Secure the Blessings of Liberty': Liberty and American Federal Democracy

The founding and subsequent development of the United Stateshave been characterized by a tension between two kinds of liberty,which can be called natural liberty and federal liberty. Naturalliberty refers to the freedom of individuals to do as they pleasewithout being shackled by civil society. Federal liberty refersto the liberty to be a partner in establishing the covenantfounding civil society, and then the liberty to live accordingto the terms of the covenant. Federal liberty has taken twoforms in America: one concerning the relationship between individualsand civil society, and one concerning the relationship betweenthe states and the federal government under the U.S. Constitution.Out of the tension between natural and federal liberty, thereemerged two constitutional traditions: the U.S. constitutionaltradition, which has emphasized individualism and the marketplace,and the state constitutional tradition, which has emphasizedcommunity and commonwealth. Since the end of World War II, however,there has been a shift away from historic syntheses of marketplaceand commonwealth. Increasingly, the states have been deniedtheir constitutional powers to support any particular moralorder other than that of the marketplace, and the federal governmenthas undertaken to establish a new morality of equality for thenation as a whole.