State Legislatures Research Articles

ROLE OF STATE IN DEVELOPING MEDIATION – IN EU AND UKRAINE (A COMPARATIVE PERSPECTIVE)

Ukraine’s status as a candidate country and the start of negotiations on accession to the European Union require a comparative analysis and harmonization of Ukrainian legislation with the legislation of other EU Member States and European legislation. One of the areas of comparative jurisprudence is the development of mediation as a legal institution, including the state policy of legislative regulation of the mediation institution. This development has attracted the attention and support of the EU and the Council of Europe, as European democratic standards require cooperation between the state and citizens or individuals. However, the need for a more cohesive and unified approach to mediation across the EU remains crucial, as highlighted by De Palo & Trevor (2012) , who argue that such harmonization would strengthen the effectiveness and accessibility of mediation services. The purpose of this article is, first, to compare the role of the state in the development of mediation in the EU and Ukraine. The state of research and literature on this topic in the EU and Ukraine is not sufficiently systematic, so a comparative analysis of this topic is relevant. In terms of methodology, the paper applies logical and linguistic methods. Still, some conclusions are based both on statistical data and on the observations of the participants, in particular, on their own mediation practice. Despite the more active role of the state in the development of mediation in the EU, this process cannot be called a ‘success story’. To a certain extent, we can observe similarities between the EU and Ukraine regarding successes, challenges, and the state’s role as one of the actors promoting the development of mediation.

La giustizia sportiva e le riforme CONI che hanno inciso sul processo disciplinare sportivo. La nuova fisionomia della Procura federale

The article reviews the historical genesis of C.O.N.I. and the Sports Federations’ role and prerogatives outlined by the national legislator. Then, it illustrates the reforms that have affected the sports justice system and, especially, the federal prosecutor’s office, to identify the ratio of the current sports disciplinary proceedings’ physiognomy. The depicted historical and regulatory excursus shows an evolutionary framework, in which CONI, the FIGC, and certainly for what concerns the competence of the state legislator, have been (and are) protagonists, and proves how the profound metamorphosis of the domestic justice sector, just like the great reforms of the general legal system, has started following and due to phenomena occurred in the sports world’s social and historical fabric, which has determined the need for change, progressively translated into the politicization of the new rules in the sector’s system.

Constitutional and Legal Provisions Related to Reservation Policies for Village Panchayat Elections in Maharashtra

This paper examines the legal framework governing reservation policies in village panchayat elections within Maharashtra. The basis of these policies is enshrined in Article 243D of the Indian Constitution, which mandates that reservations be provided for Scheduled Castes (SCs) and Scheduled Tribes (STs) in proportion to their population within the panchayat area. This article also stipulates that at least one-third of all seats, including those reserved for SCs and STs, must be allocated for women. Furthermore, reserved seats must be rotated among different electoral wards to ensure broader participation, and the reservations for SCs and STs are subject to a time limit as specified in Article 334, which is currently set at 80 years. Additionally, state legislatures have the discretion to enact laws providing further reservations for "Other Backward Classes" (OBCs). In alignment with these constitutional principles, Maharashtra's Village Panchayat Act, 1959, extends the reservation policies by mandating a 27% reservation for OBCs on top of the existing SC/ST reservations. The state law also enhances women's representation by requiring a 50% reservation for women across all castes, surpassing the constitutional minimum. Candidates contesting reserved seats are required to produce caste validity certificates within six months of the election to avoid disqualification. The 73rd Constitutional Amendment was designed to bolster participation and leadership from marginalized communities in local governance, and the Supreme Court has affirmed the importance of these reservation policies in promoting political empowerment and democratic decentralization. Despite these advancements, several challenges persist. The stringent requirement for obtaining caste validity certificates within a limited timeframe can create barriers for candidates. Additionally, there is a risk of misuse if the reservation system is not properly implemented or monitored, potentially allowing individuals who do not genuinely belong to reserved categories to exploit the provisions.

Navigating a Post-Dobbs Era: Repercussions Faced by Marginalized Communities and the Future of Reproductive Justice

In June 2022, the Supreme Court of the United States overturned Roe v. Wade, revoking the federal protection of the right to receive an abortion, and leaving abortion policymaking to state legislatures. Approximately thirteen states have already enforced abortion bans as of April 2023, while some states are still struggling with legal challenges of the ban. Across the U.S., individuals with the capacity for pregnancy are left without legal protection to such a necessary medical procedure. However, abortion access is only the surface of what is taken away from pregnant people with the overturning of Roe v. Wade. Exacerbated by race, class, and location of residence, pregnant people face major health, socioeconomic, and social losses that ultimately contribute to a poorer quality of life and overall setback in the movement towards reproductive justice. This paper explores the effects of the Dobbs decision that overturned Roe v. Wade, by examining the realities of marginalized groups through the lenses of social welfare, public health, politics, and reproductive justice.

THE LEGALITY OF RESOLUTION Nº 976/2021, EDITED BY THE COURT OF JUSTICE OF THE STATE OF MINAS GERAIS AND WHICH CREATED NEW EXTRAJUDICIAL OFFICES

The aspects involving Resolution No. 976/2021, issued by the Court of Justice of the State of Minas Gerais (TJMG), will be analyzed in light of the 1988 Constitution of the Republic, state legislation and the case law of the Supreme Federal Court. The aforementioned Resolution promoted the splitting of the extrajudicial offices corresponding to the 2nd, 6th and 7th Real Estate Registry Offices of the district of Belo Horizonte/MG, creating the 8th, 9th and 10th Offices. This involves the creation of new extrajudicial offices and the modification of districts by means of a resolution of the state judiciary. In the case under analysis, it is important to determine whether the then existing state law (Law No. 12.920/1998) would be sufficient to authorize the act by the TJMG; in other words, would it be necessary to issue a formal law by the Legislative Assembly of the State of Minas Gerais? In order to understand the legal aspects involving the construction and legality of the Resolution, the Constitution of the Republic of 1988, State Law No. 12,920/1998 and the decision of the Supreme Federal Court in direct unconstitutionality action No. 2,415/SP (which dealt with a similar situation) will be analyzed.

Bills to Restrict Access to and Harm From Indoor Tanning Facilities in US State Legislatures, 1992‒2023.

Objectives. To describe progression, content, and stringency of state legislation regulating indoor tanning and association with state government political party leadership. Methods. Trained research assistants used legal mapping methods to code legislative bills on indoor tanning introduced in US states, the District of Columbia, and Puerto Rico. We calculated composite scores on the stringency of age restrictions and of warnings, operator requirements, and enforcement. We evaluated associations of the political party of the legislative sponsor and legislature majority. Results. Between 1992 and 2023, 184 bills were introduced in 49 of 50 states and DC (56 laws were enacted, and 126 bills failed). An under-18 ban was enacted in 22 states and DC. Party affiliation of the bill sponsor and legislature majority combined to affect bill passage and age restrictions. Conclusions. In many states, it took several years and proposed bills before a law on indoor tanning was enacted. Enacted bills were more stringent than failed bills. Public Health Implications. Increasing support for stringent regulations on indoor tanning is evident and may motivate other states or the federal government to prohibit minors from using indoor tanning facilities. (Am J Public Health. Published online ahead of print November 21, 2024:e1-e10. https://doi.org/10.2105/AJPH.2024.307894).

Legislative Watch: State legislative bills

The following bills are being considered or have passed in the state legislature. To express your support or opposition, contact your senator or representative.

Knowledge, deception, and freedom of expression: a critical examination of Ireland’s approach to disinformation under the Electoral Reform Act 2022

ABSTRACT Ireland’s Electoral Reform Act introduces several key provisions under Parts 4 and 5 which are designed to curtail the spread of misleading electoral communications. This article’s focus is on how these provisions enable divergence from established EU standards surrounding intermediary liability for harmful online communications. Identifying how the application of these provisions may undermine the right to freedom of expression under EU law, this article further distils the applicable principles which should inform how online platforms limit access to misleading information in electoral settings. This article filters these principles from applicable case law of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). Drawing from the analytical approaches of these courts to false electoral communications, this article not only assesses how Ireland’s Electoral Reform Act may undermine the right to freedom of expression but also provides a template for how EU and Member State legislation in the disinformation field can promote compatibility with human rights.

Legal regulation of restriction of use of disposable plastic products in the European Union

The article analyses the problem of plastic waste in the context of transition to a circular economy, which is one of the priorities of the European Union’s policy. The author emphasises the introduction of restrictions on the use of plastic products, starting with Directive 2008/98/EC, which establishes a basic framework for waste management, including plastic, with a focus on recycling and the transition to a circular economy, in order to achieve targets by 2025, 2030 and 2035. The main focus is on Directive 2019/904 on the reduction of the use of single-use plastic products, which aims to reduce the negative impact of plastic on the environment. The Directive provides for a ban on certain types of single-use plastic goods, including plastic lids that must remain attached to containers during use. The article analyses the importance of harmonising the legislation of the EU member states in the process of implementing this Directive, as differences in national laws may lead to legal conflicts. The economic challenges for countries with less developed waste management systems, which may have difficulty meeting the requirements within the established timeframe, are also considered. The article emphasises the need to introduce new technologies and environmentally sustainable consumption patterns to ensure effective implementation of the Directive. Examples of initiatives aimed at reducing the use of single-use plastic, such as the deposit system for plastic bottles in Germany and the Swiss ReCircle programme, are also discussed. Ukraine is also implementing measures to reduce plastic waste, but legislative initiatives need to be further developed to achieve global environmental goals. The article emphasises the importance of raising legal awareness among citizens and businesses for a successful transition to a circular economy.

Child Firearm-Related Homicide and Suicide by State Legislation in the US (2009 to 2020).

Firearms are the leading cause of death among US children and adolescents. This study evaluates whether state gun laws are associated with firearm suicides and homicides in children. This is a cross-sectional database study comparing childhood firearm mortality with 36 state firearm laws using data from CDC WONDER and the RAND State Firearm Law Database. Primary outcomes were firearm-related suicide and homicide mortalities per 100,000 persons. We examined suicide deaths by all firearms, including intentional self-harm by handguns only, intentional self-harm by rifles, shotguns, or large firearms only, and intentional self-harm by other or unspecified firearms, as well as homicide deaths for the same firearm types in each state. Welch's t -tests compared mean rates of suicide and homicide mortality between states with and without these laws. States that either enacted or rescinded firearm legislation during this period were excluded. From 2009 to 2020, there were 6,735 suicides and 10,278 homicides by firearm totaling 17,013 child deaths (younger than 18 years of age) by firearm. States with "child access prevention-negligent storage" laws demonstrated lower suicide mortality rates across all firearm types (handguns: N 13, M [mean per 100,000] 0.68, SD 0.27, p < 0.001; long guns: N 12, M 0.65, SD 0.25, p < 0.001). There were no significant differences in mean suicide death rates across all firearm types when comparing states with or without firearm laws related to "minimum age youth possession," "minimum age youth purchase and sale," or "child access prevention intentional." Comparing homicide mortality rates for all firearm types revealed no notable distinctions between states with and without the identified laws. Firearm legislation is associated with decreased suicide rates for individuals younger than 18 years of age, but its influence on homicides is less certain. Comprehensive research and thoughtful policy formulation are essential for addressing this pressing public health concern.

Youth MH among key topics in 2025 legislative sessions

The National Conference of State Legislatures (NCSL) last week released a new report citing such legislative concerns for the new year as the health workforce and youth mental health, Medicaid, artificial intelligence and prescription drugs. All are key topics NCSL's policy experts anticipate will occupy state lawmakers' time in 2025 legislative sessions.

State Actions to Ban Gender-Affirming Care for Minors and the Ways Forward

As of October 2023, twenty-one states have passed laws that ban medically necessary gender-affirming care to minors. This Note will discuss the actions of three such states—Texas, Florida, and Arkansas—in 2022.2 These state actions demonstrate three different ways in which states have restricted access to medically necessary gender-affirming care. To move forward, lawyers and advocates must continue to litigate against these bans, state legislatures should enact sanctuary statutes protecting trans youths’ access to gender-affirming care, and the U.S. Food &amp; Drug Administration (FDA) should make medications—including puberty blockers and hormones—available on-label and across state lines through Telehealth. It is important to recognize that disapproving parents pose insurmountable barrier to minors’ self-realization, exploration of their genders, and access to care. There is abundant legal scholarship on parental consent in this context and analogous ones, such as the mature minor doctrine that concerns minors accessing abortion and reproductive care like birth control. However, this Note focuses solely on situations in which transgender youths’ parents support their children’s identities and allow them to receive gender-affirming care. When a state has a ban on gender-affirming care, parents’ consent would not matter in the face of such a ban, unless the family is financially able and willing to move to a state allowing access to such care.

From Congress to the States: Explaining the Emergence and Membership of Freedom Caucuses in State Legislatures

AbstractSince 2017, Republican lawmakers in a growing number of US states have formed ideological intraparty organizations, modeled after the US House Freedom Caucus, that seek to move state policy further rightward. What explains the appearance of these state freedom caucuses, and what kinds of lawmakers are more likely to join them? We show that the creation of these caucuses was initially motivated by concerns that state-level legislative Republican parties are too ideologically heterogeneous but has since been driven by conservative entrepreneurs seeking to spread freedom caucuses nationally. We also provide evidence that conservative legislators are more likely to join a new state freedom caucus, as one would expect, but also that, in a few states, lawmakers who are more electorally vulnerable lawmakers or lack internal influence have also been more likely to join. These findings underscore how state-level ideological caucuses can appeal to members’ multiple goals and serve as instruments of vertical polarization in a federal system.

Avances y retos del plurilingüismo en los poderes públicos del estado españolProgress and challenges of multilingualism in the public powers of the Spanish state

Abstract More than four decades after the promulgation of the Spanish Constitution of 1978, its provisions on linguistic matters have been defined, through a dynamic and constructive process, by the state and regional legislators, and by the jurisprudence of the Constitutional Court, to the point of allowing a significant advance of minority languages that had been neglected for decades. Over time, this dynamic, not exempt from controversy, as corresponds to an open and plural society, has revealed some imbalances due to the asymmetry of the constitutional linguistic model, for example the scarce presence and promotion of linguistic diversity at the state level.

State Divorce Laws, Reproductive Care Policies, and Pregnancy-Associated Homicide Rates, 2018-2021

Barriers to divorce and reproductive health care can threaten the health and safety of pregnant and recently pregnant females. To examine state laws about divorce, reproductive health care (access to contraception, family planning services, and abortion), and pregnancy-associated homicide rates in US states over a 4-year period (2018-2021). In this cross-sectional study, bivariate tests and regressions were used to analyze crude rates of pregnancy-associated homicide from the National Violent Death Reporting System in 181 state-years for calendar years 2018 to 2021, with analyses conducted on September 8, 2024. Access to divorce while pregnant and reproductive health care over a 4-year period in the US. Primary outcomes (pregnancy-associated homicide by intimate partners vs non-intimate partners and rates among younger Black, Hispanic, and White females) were assessed using the National Violent Death Reporting System. Negative binomial regression was used to test 2 hypotheses: access to divorce while pregnant and reproductive health care are associated with pregnancy-associated homicide rates. Individual level data, including exact sample size, were not available in this study of state-level homicide rates. Negative binomial regression analysis showed that, where finalizing divorce during pregnancy is prohibited, intimate partner homicide rates (incidence rate ratio [IRR], 2.11; 95% CI, 1.09-4.08; P = .03) and rates among younger (age 10-24 years) White females (IRR, 2.39; 95% CI, 1.12-5.09; P = .02) were significantly higher. In state-years with greater access to reproductive health care, rates were significantly lower for non-intimate partner homicide (IRR, 0.92; 95% CI, 0.87-0.98; P = .01) and for younger Black females (IRR, 0.91; 95% CI, 0.87-0.96; P < .001) and younger Hispanic females (IRR, 0.87; 95% CI, 0.79-0.96; P = .007). In this cross-sectional study of pregnancy-associated homicide rates, barriers to divorce were associated with higher homicide rates and access to reproductive health care was associated with lower homicide rates. This study highlights the association between state legislation and pregnancy-associated homicide in the US, which is important information for policymakers.

Enacting Civic‐Minded Early Childhood Pedagogy in the Context of Chauvinistic Education Legislation

AbstractAmid efforts to limit “divisive concepts” in educational settings, this article investigates the obstruction of a civic‐focused early childhood curriculum. Joy Dangora Erickson and Winston Thompson analyze the challenges faced by a resourceful kindergarten teacher striving to uphold curriculum goals despite constraints imposed by the state legislature. Through an empirically informed exploration of political and pedagogical factors, this conceptual analysis elucidates the moral complexities of risks, costs, and outcomes as educators navigate non‐ideal political conditions. By doing so, the authors provide valuable insights to scholars and practitioners, suggesting productive avenues for future research on these and related dilemmas of practice.

Are Descriptive Representatives More Successful Passing Group-Relevant Legislation? The Case of Native American State Legislators

Descriptive representatives often sponsor legislation that advances their groups’ policy interests, but it remains unclear how successful they are passing such legislation. Colleagues might defer and support group-relevant measures from descriptive representatives, perceiving them to have greater expertise and legitimate claims to address the issues than outgroup members. However, colleagues might also oppose those measures in an act of backlash against those groups (especially historically marginalized groups) making new claims on the political system. To answer the question of descriptive representative success, we review 3,401 pieces of legislation related to Native American issues introduced at the state level between 2010 and 2020. We find that measures related to Native affairs are no more likely to pass if sponsored by a Native lawmaker than if sponsored by a non-Native lawmaker. However, symbolic measures of Native concern are more likely to pass than substantive measures regardless of the identity of the sponsor. With more Native Americans running for office than ever before, our findings have important implications for considering the effects of increased descriptive representation in state legislatures.

Explaining key stakeholders’ preferences for potential policies governing psychiatric electroceutical intervention use

In recent years, legislators in many states have proposed laws governing the use of psychiatric electroceutical interventions (PEIs), which use electrical or magnetic stimulation to treat mental disorders. To examine how the PEI views of relevant stakeholder groups (e.g., psychiatrists, patients, caregivers, and general public) relate to preferences for proposed policies governing PEI use, we analyze data from a survey on using one of four PEIs to treat major depressive disorder administered to national samples of the stakeholder groups above. We find that the three non-clinician groups’ similar PEI policy preferences differ significantly from those of psychiatrists—with the greatest divide on policies governing the use of electroconvulsive therapy. This divide between psychiatrists’ and non-clinicians’ PEI policy preferences was greater with access-reducing than with access-expanding policies. We advise policymakers to consider such variation in the preferred availability of PEIs across modalities and stakeholder groups when crafting legislation on these interventions.

Some States Stepping In: Politics and Discourse in Foreclosure Prevention Legislation Outcomes During the Financial Crisis

ABSTRACT At the core of the 2008 global financial crisis was a foreclosure crisis in the United States. The federal government focused on responding to the concurrent banking crisis, leaving foreclosure prevention to the states. Despite a nationwide crisis, only some states advanced foreclosure prevention policies. Political theory scholars argue that political ideology and economic interests are the primary drivers of policy outcomes, while discourse scholars argue that themes in the public discourse shape policymaking. In this article, I integrate these literatures to develop and test an account of foreclosure prevention policymaking. To measure discourse, I scrape the text of over 20,000 state-level media publications and inductively code them using Structural Topic Modeling. Using event history analysis, I examine the relationship between discourse themes, political factors, and the timing of foreclosure prevention policymaking by state legislatures. I find that states where a “markets” theme was more prevalent in the foreclosure discourse were less likely to advance foreclosure prevention policies, whereas states with discourse focused on “intervention” were more likely to do so. Results also corroborate previous scholarship showing that political ideology and special interest group activity impacted these policy outcomes.

The natural gas industry, the Republican Party, and state preemption of local building decarbonization

Societal decarbonization likely requires changes to building standards encouraging electrification, partly through restricting connections to legacy utilities such as natural gas. Yet while some municipalities have taken action, an important parallel shift undermines it: more than half of U.S. states (covering 47% of the population) have, since 2020, passed state-level laws preempting municipalities from restricting utilities. We investigate the timing, content, and partisan support of these bills, examining similarity in text use across them using a plagiarism-detection tool. States passing preemption were not only more Republican but more ideologically conservative, typically featuring less professionalized state legislatures. We also examine qualitative evidence of the natural gas industry’s lobbying, showing that industry groups claimed influence over key bills (supported largely by Republican legislators). We consider the broader implications of these findings for supply-side decarbonization in a context of climate federalism under significant influence by fossil fuel industries and allied policymakers.