Waivers,Federalism, and the Rule of Law

Waivers from legislation have been praised as the foundation for a new era of collaborative federalism. But these exceptions of law, often made without clear statutory authority, undermine the necessary basis for collaboration among governmental entities. That basis is law. Waivers in effect dispense from or even change laws in the interests of administrative flexibility. And, while some commentators have lauded this increased flexibility as empowering for state governments in particular, the real effect is to reduce relations based on law to a condition of perpetual bargaining in which federal administrators hold all the power. Able to change rules and even laws almost at will through new waiver programs and criteria, federal agencies gain arbitrary power, undermining the ability of states and people to plan for their futures on the basis of known rules—the most basic and necessary good provided by the rule of law.     

Implementation of Chinese Environmental Law: Regular Enforcement and Political Campaigns

While China has made great strides in establishing environmental laws and enforcing environmental regulation, problems of non‐compliance and weak and slow enforcement remain. This contribution analyses cases of sub‐optimum enforcement and the political campaigns that have been undertaken to deal with them. It will argue that enforcement problems are rooted in a lack of local legitimacy caused by conflicting interests of stakeholders. The case of Chinese environmental law enforcement holds lessons beyond its regional scope, about the role of law in balancing interests. Law itself does not exist in a vacuum: on the contrary, it is very much the result of conflicting interests and can be seriously challenged by the need to balance these interests. The use of political campaigns to enhance enforcement in China shows that the flexibility of political short‐term policy instruments can offer incremental improvements to enhance the balance between the conflicting interests themselves and their relation with the legal system.     

With a Little Help from Our Feds: Understanding State Immigration Enforcement Policy Adoption in American Federalism

Since 2001, state governments have adopted 287(g) cooperative immigration enforcement agreements with the federal government that authorize their law enforcement personnel to assist in detaining violators of civil federal immigration law. Employing a theoretical framework drawn from theories of policy adoption, intergovernmental relations, and immigration research, we test which state‐level political, sociodemographic, geographic, and economic determinants influence states to enter into such a cooperative agreement. In addition to finding that the partisanship of a state's governor, a state's effort on public welfare, and an increase in a state's percentage of Hispanics are related to the adoption of a cooperative immigration enforcement policy, we found evidence of “steam valve federalism” working not at the state level as Spiro (1997) first theorized but at the local level. When a state's localities adopt immigration enforcement agreements with the federal government, the state itself is far less likely to adopt their own. Understanding the reasons states would adopt this type of policy sheds light on current trends in state immigration policy and their effect on future state/federal intergovernmental relations.     

Federalism: Money and politics

J. S. H. Hunter, Revenue Sharing in the Federal Republic of Germany, Centre for Research on Federal Financial Relations, Research Monograph No. 2, ANU, 1973, pp. 116 + xi, $3.00.     

Federalism and the courts

Geoffrey Sawer: Australian Federalism in the Courts, Melbourne University Press, 1967, vii + 262 pp., $6.50.     

基层文物行政执法的问题和对策研究

文物行政执法工作是文物工作的重要组成部分,也是文物工作中的难点和热点,对文物行政执法存在的问题进行探讨和对策研究实有必要。本文结合基层文物执法现状,对当前基层文物执法工作存在问题进行了梳理,最后从转变保护理念,提高保护意识,建立和完善文物保护机制三个层面进行了对策研究,以期对文物行政执法实践提供有益参考。     

Evictability and the Biopolitical Bordering of Europe

Migration and border scholars have argued that the Europeanization and securitization of borders and migration have led to forms of population regulation that constitute a questionable divide between EU and non‐EU groups, as well as between different non‐EU groups. This paper argues that these processes have impacted not only centrifugally, on non‐EU populations, but also centripetally, on the “intra‐EU” divide regarding minorities such as Europe's Muslims and Roma. I explain how a de‐nationalization of the concepts and methods of migration and border studies—beyond methodological nationalism and Eurocentrism—sheds light on the under‐researched impact of the EU's external border regime on minoritized EU citizens. I introduce the notion of “evictability” to articulate this de‐nationalization and discuss the case study of Europe's Romani minority to show how contemporary forms of securitization further divide Europe bio‐politically along intra‐European lines.     

The Use of Armed Forces in Law Enforcement: Legal,Constitutional and Political Issues in Australia

In Western democracies armed forces perform a variety of internal functions. This paper examines the principles and issues relating to the use of the Australian Defence Force in the enforcement of law against individual citizens and aliens. This function is normally the responsibility of the police but there are pressures in Australia and overseas for the wider use of armed forces in this field. Traditional restraints on the employment of armed forces in this capacity date back to parliamentary resistance to the power of the Crown. Several barriers, constitutional, legal and institutional, have developed to ensure that the executive cannot easily abuse its necessary control over the armed forces in a way that endangers civil liberties. While there is no serious danger of such abuse at present, several issues need to be monitored.     

Matching Rates and Mandates: Federalism and Children's Medicaid Enrollment

An important focus of the federalism literature has been on analyzing the responses of lower levels of government to the financial incentives of intergovernmental grant programs. But grant conditions and mandates are also important features of grant programs, and these have received considerably less attention in the literature. This article examines the implementation of federal Medicaid mandates during the 1980s and 1990s to explicitly compare the relative responses of the states to matching rate incentives and statutory mandates. Using individual-level information on program enrollment to measure policy implementation, the results indicate that the federal mandates led to large changes in children's Medicaid enrollment. In contrast, the effects of the federal matching rate were much more limited. Moreover, the statutory mandates not only raised the average level of enrollment but also reduced the degree of policy variation across the states. While the current pattern of federal Medicaid matching payments reduces policy variation to some extent, these effects are modest compared to the impacts of the mandates. Mandates are a more powerful instrument for national policymakers than the comparatively weak fiscal incentives provided by matching rates.     

Australian Federalism and Domestic Violence Policy-Making

The influence of state architecture on gender policy and politics is an emergent strand of feminist research. This paper contributes to this research by undertaking a detailed case study of one specific gender policy area – domestic violence policy – in old federation Australia. Drawing on the experiences of the past decade, it confirms earlier research findings that demonstrate that under certain conditions, federal structures can influence the development of gender policy in positive ways, such as providing opportunities for ‘venue shopping’ and policy innovation. The paper engages, too, with recent research on Australian federalism and challenges the consensus about the centralised nature of the Australian federal system by demonstrating that in the area of gender policy, states and territories are more than just the implementation arms of the Commonwealth government. Sub-national governments continue to play an important and autonomous role in policy relating to women and therefore remain central sites for advancing gender equality.     

Bordering through care and control: Policing and sheltering Central American migrant youth in Mexico

Despite rising numbers of unaccompanied child migrants in the Americas, very limited research directly engages with youth as they journey north to seek protection in the United States. In this article, we examine young Central American migrant experiences of bordering, focusing on policing and shelter management. Part of a wider binational, interdisciplinary, and multi-scalar research project along the Mexico-U.S. border, which began on the heels of Programa Frontera Sur, we draw on interviews and a participatory workshop with migrant youth, and complementary interviews with migration officials and shelter workers. Through the uniquely insightful accounts of children themselves, we show how care work in shelters and direct control via policing emerge as powerful and connected techniques of bordering. In these spaces of connected securitization and humanitarian management, children negotiate highly violent, emotional, and extra-legal interactions with officials. These include extortion, apprehension, aggression, confinement and deception, but also disciplinary forms of care and protection. Our findings deepen and complicate extant work on the humanitarian care/control nexus via our focus on, and direct research with, youth from Central America in Mexico. Their narratives make clear that state policies such as Programa Frontera Sur expand the geographies of bordering and bring practices of migrant care and control into deeper relation. This bordering blocks children's access to legal protections like asylum; leaves them more exposed to exploitation and rights abuses; and encourages greater risk-taking in migration journeys.     

Bordering on anthropology the dialectics of a national tradition in Mexico

This paper explores knowledge production within the framework of a «national anthropology». Mexico developed one of the earliest, largest and most successful «national» anthropologies of the postcolonial world, yet it has been haunted by constant absorption of its leading practitioners into the state apparatus and by a sense of intellectual discontinuity and isolation. The author explores four aspects of Mexican anthropology in the historical contexts in which they emerged: the role of the discipline in shaping a national image (1850–1900); its strategies of intervention in the modernization and «incorporation» of the indigenous and «backward» population (1880–1930); its role in the regulation of a development orthodoxy (1940–1968); and its role in the reformulation of a national image in the face of massive urbanization (1968–1980s).