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State and Local Government Law

Federalism

Boston College Law School Faculty Papers

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The Amt's Silver Lining, Brian D. Galle Oct 2010

The Amt's Silver Lining, Brian D. Galle

Boston College Law School Faculty Papers

The federal Alternative Minimum Tax has potentially salutary – and heretofore unrecognized – effects that counteract pathologies of state budgets over the business cycle. A taxpayer’s AMT liability increases with income, and acts to eliminate federal tax subsidies for state revenue-raising. Thus, as a state’s income grows and the AMT hits more state residents, state spending becomes more expensive in flush times as the federal tax subsidy for state and local taxes is reduced. Conversely, when state fiscal health deteriorates, the federal tax subsidy grows as fewer state residents fall under the AMT, boosting taxpayer support for state spending. This …


Carte Blanche: Federal Prosecution Of State And Local Officials After Sabri, George D. Brown Oct 2004

Carte Blanche: Federal Prosecution Of State And Local Officials After Sabri, George D. Brown

Boston College Law School Faculty Papers

Federal prosecutions of state and local officials for political corruption are a significant feature of the American political landscape. However, they raise serious federalism questions, especially the potential impact on state autonomy and sovereignty. Thus, these prosecutions would seem to run counter to the Supreme Court’s “New Federalism.” The Court has never explored the issue in depth. Last term it handed down a decision highly favorable to the federal role in the case of Sabri v. United States. This paper examines Sabri, and questions the rationale that the prosecution in that case was an example of justifiable protection of federal …


Should Federalism Shield Corruption?—Mail Fraud, State Law And Post-Lopez Analysis, George D. Brown Jan 1997

Should Federalism Shield Corruption?—Mail Fraud, State Law And Post-Lopez Analysis, George D. Brown

Boston College Law School Faculty Papers

In this Article, Professor Brown examines the issues that federal prosecutions of state and local officials pose. The analysis focuses on prosecutions under the mail fraud statute and considers the general debate over the proper scope of federal criminal law. Professor Brodin addresses the question of whether a re-examination of mail fraud would focus on constitutional or statutory issues and by utilizing the Supreme Court case United States v. Lopez examines the question of internal limits on the mail fraud statute.


The Ideologies Of Forum Shopping - Why Doesn't A Conservative Court Protect Defendants?, George D. Brown Mar 1993

The Ideologies Of Forum Shopping - Why Doesn't A Conservative Court Protect Defendants?, George D. Brown

Boston College Law School Faculty Papers

In this Article, Professor George Brown identifies a seeming inconsistency in the Supreme Court’s treatment of federal-state private law forum shopping and state-state private law forum shopping. Professor Brown notes that the Court has been explicit in its condemnation of federal-state forum shopping, but apparently accepts, and even encourages, state-state private law forum shopping. This is strange behavior from a conservative Court, since forum shopping threatens traditional conservative values such as the desire to curtail the proliferation of lawsuits and a general pro-defendant stance. Furthermore, Erie Railroad Co. v. Tompkins clearly rejected forum shopping. Professor Brown reconciles these seemingly contrary …


Federal Funds And National Supremacy: The Role Of State Legislatures In Federal Grant Programs, George D. Brown Apr 1979

Federal Funds And National Supremacy: The Role Of State Legislatures In Federal Grant Programs, George D. Brown

Boston College Law School Faculty Papers

No abstract provided.


Beyond The New Federalism: Revenue Sharing In Perspective, George D. Brown Dec 1977

Beyond The New Federalism: Revenue Sharing In Perspective, George D. Brown

Boston College Law School Faculty Papers

In 1972 Congress added General Revenue Sharing to the list of federal grant-in-aid programs for states and localities. President Nixon had recommended Revenue Sharing, as apart of his "New Federalism," because it would foster local autonomy by minimizing federal restrictions on the grants. When General Revenue Sharing was renewed in 1976, Congress made no changes in the formula, leading some commentators to minimize the significance of those changes which were made.

Professor Brown argues that the 1976 renewal amendments to the Revenue Sharing Act are an example of "interventionist federalism," a new form of federal influence over state and local …