Does the federal Family and Medical Leave Act of 1993 create a hole in ERISA preemption?

ERISA's board preemption provision has survived many challenges to its scope and effect. Now it may have succumbed in the face of a few statements tucked into the legislative history of the federal Family and Medical Leave Act (FMLA). Language in the legislative history presents the view that the Act was meant to overturn ERISA preemption of state family and medical leave laws. The text of the FMLA contains no corroborating language to support that view. However, at least one court found the statements in the legislative history to be persuasive and ruled that under the FMLA, ERISA does not preempt state family and medical leave laws that regulate ERISA plans. If other courts follow that decision, there will be great implications to employee benefit plan regulation and administration. This article explores the court's decision and the relationship between the FMLA and ERISA preemption.     

Trends in firearm background check applications and denials

There is little previous research on firearm background check applications and denials despite the potential for such research to significantly benefit policy and practice. The U.S. firearm background check system is complex with federal, state, and local laws creating a patchwork system intended to increase public safety and reduce mortality. State characteristics may play an important role in changes in application and denial rates. We examined the relationship between application and denial rates and state characteristics such as poverty, race, gender, existing firearm ownership, and population density. Multi‐level longitudinal modeling was used in an ecological study design with the state as the unit of analysis spanning a time period between 2005 and 2010, inclusive. Results indicated that application and denial rates significantly increased over time. Population density and poverty level were negatively related to application and denial rates. Firearm ownership, male population size, and percent of residents that were white were positively related to application and denial rates. Percent of African–American residents was negatively related to application rate. The importance of understanding the factors that predict firearm prevalence and the need for additional research on the denial of firearms is discussed. Copyright © 2016 John Wiley & Sons, Ltd.     

Bizarre impalement fatalities--where is the implement?

Two fatalities due to unusual impalement injuries are reported. (1) A large branch broken off during a storm had entered a passing car and perforated the chest of the driver and the back of the seat. The chest organs were grossly lacerated. The car was subsequently stopped by another tree and this second impact removed the wood from the body. (2) A man suffered anorectal impalement by the leg of a stool turned upside down. He had introduced one stool leg into his anus for sexual stimulation and fell onto it. This resulted in a wound channel 36 cm long including perforation of the rectum, urinary bladder, mesentery, transverse mesocolon and liver. Before autopsy, the mode of death was unclear because the man had removed the stool leg himself, his wife had hidden the stool from the scene, and there were no relevant external injuries. In both cases, a reliable reconstruction required investigation of the scene and consideration of extremely unlikely circumstances or of bizarre human activities.     

An experimental analysis of voting in the Stability and Growth Pact in the European Monetary Union

The Stability and Growth Pact (SGP) in the European Monetary Union shall deter countries from running excessive deficits by the threat of punishment, executed conditional on the outcome of a multistage voting procedure. We examine voting behaviour in an experiment which closely resembles the SGP’s design and find that the SGP enables larger countries to block punishment more often than smaller countries. In addition, we study an institutional modification of the SGP by excluding countries with excessive deficits from voting on other ‘fiscal sinners’. Our findings clearly suggest that this innovation would give the SGP sharper teeth than it actually has in reality.     

Federalism and the European Union: A constitutional perspective

Constitutional questions have resurfaced in the last few years with regard to the European Union. The Maastricht Treaty is a kind of constitutional reform. The rejection of this treaty by Denmark in its first referendum, and the subsequent debate of the treaty that has taken place, raise questions about both the nature of the European Union, and the process by which its rules (constitution) get revised and approved. Similar questions surround the entry of Austria and the three, additional Scandinavian countries into the Union. Perhaps, no event called the European Union's constitution, or lack thereof, into question more that way in which a new President of the Commission was chosen during the summer of 1994. This paper will reexamine the European Union's structure and procedures from a constitutional perspective. Drawing upon the author's recently completed book, Constitutional Democracy, the paper will review the purpose for the Union's existence, the implications of this purpose for the structure of the Union (federalism versus confederation), the rules for making collective decisions in the Union, citizenship, and in particular, the procedures by which the European Union's “Constitution” is written and revised. The constitutional perspective adopted is taken from public choice. The political institutions of the European Union are examined relative to those rational, self-interested individuals would choose to advance their interests.     

Klagebefugnis aus dem allgemeinen Willkürverbot bei einem Verstoß gegen die Staatszielbestimmung Umweltschutz

Zusammenfassung Nach einer Entscheidung des Bayerischen Verfassungsgerichtshofs kann ein Bauleitplan wegen Versto? gegen das Willkürverbot aus Gründen des Umweltschutzes nichtig sein. Diese auf eine Popularklage ergangene Entscheidung er?ffnet die Frage, ob der Verfassungsgrundsatz des Willkürverbots auch im Rahmen von Verwaltungsakten herangezogen werden kann. Der Beitrag bejaht diese M?glichkeit.     

Simplicity and Spook: Terrorism and the Dynamics of Threat Exaggeration

It has been common, at least since 1945, to exaggerate and to overreact to foreign threats, something that seems to be continuing with current concerns over international terrorism. This paper sketches threat exaggeration during the Cold War and applies the experience from that era to the current one. Alarmism and overreaction can be harmful, particularly economically. And, in the case of terrorism, it can help create the damaging consequences the terrorists seek but are unable to perpetrate on their own. Moreover, many of the forms alarmism has taken verge on hysteria. The United States is hardly "vulnerable" in the sense that it can be toppled by dramatic acts of terrorist destruction, even extreme ones. The country can, however grimly, readily absorb that kind of damage, and it has outlasted considerably more potent threats in the past.