Category Archives: State Government

State Constitutions in the Era of a Shifting Supreme Court

Source: Rockefeller Institute of Government and the Government Law Center at Albany Law SchoolJuly 23, 2018

The Rockefeller Institute of Government and the Government Law Center at Albany Law School recently hosted “How Can State Constitutions Respond to a Shifting Supreme Court?” to examine the role state constitutions can play if the Supreme Court begins to roll back federal protections.

With the retirement of Supreme Court Justice Anthony Kennedy and the recent nomination of Brett Kavanaugh to take his place, the Supreme Court is expected to shift further to the conservative end of the ideological spectrum, with the potential for weakening or even extinguishing important constitutional protections.

Much attention is being paid to the possible implications for reproductive rights, protections for immigrants, affirmative action, environmental protections, LGBTQ rights, and other issues. So what does it mean for New Yorkers — or for states more generally? Although we often don’t think of state constitutions, many of them offer protections above and beyond what is provided in the federal Constitution.

What role can state constitutions play if the Supreme Court begins to weaken federal protections? In many ways, your position on the states-versus-federal rights issue often depends upon where you sit. Last year the Rockefeller Institute and Government Law Center at Albany Law School issued a report on the topic.

Related:
Protections in the New York State Constitution Beyond the Federal Bill of Rights
Source: Edited by Scott N. Fein and Andrew B. Ayers, the Government Law Center at Albany Law School and the Rockefeller Institute of Government, April 18, 2017

State takeovers of schools are about political power, not school improvement

Source: Domingo Morel, The Conversation, July 3, 2018

When states take over local school districts – like they’ve done or are trying to do in Kentucky, Georgia and Mississippi – school improvement is typically the stated objective.

Although the research on the effects of state takeovers on academic outcomes is mixed, takeovers often have devastating political and economic implications for black communities. As states increasingly attempt to take over school districts in major Southern cities, it’s worth exploring whether school improvement is the real purpose, or whether political motives are at play.

I raise this issue as the author of the first systematic study of state takeovers of local school districts. I am also a researcher who focuses racial and ethnic politics, urban politics, education politics and public policy…..

State and Local Government Workforce: 2018 Data and 10 Year Trends

Source: Gerald Young, Center for State and Local Government Excellence, International Public Management Association for Human Resources, and the National Association of State Personnel Executives, May 2018

From the summary:
Since 2009, the Center for State and Local Government Excellence has partnered with the International Public Management Association for Human Resources and the National Association of State Personnel Executives to conduct a study on state and local workforce issues. This year’s report contains both 2018 data on emerging issues like the gig economy and flexible work practices and longitudinal data on recruiting challenges, retirement plan or health benefit changes, hiring, and separations from service.

Understanding Decisions in State Pension Systems: A System Framework

Source: Gang Chen, The American Review of Public Administration, Vol. 48 no. 3, April 2018
(subscription required)

From the abstract:
State governments establish pension systems to provide retirement benefits to public employees. State governments as sponsors, state legislatures as policy makers, and public-sector unions as representatives of public employees may exert considerable influence over the decisions made in pension systems. This study applies a system framework to examine these influences. It focuses on four decisions in pension systems: benefits, employer contributions, employee contributions, and the asset smoothing period. The findings show that changes in the short- and long-term financial conditions of a state government have different influences on pension decisions, and that legislatures and public employee unions play important roles that affect these decisions.

Progress toward Pay Equity in State Governments?

Source: Gregory B. Lewis, Jonathan Boyd and Rahul Pathak, Public Administration review, Early View, December 28, 2017
(subscription required)

From the abstract:
Are state governments fulfilling their responsibilities to be model employers of women and minorities? Using U.S. Census Bureau data on individual employees from 1980 to 2015, this article looks at how much progress state governments have made toward eliminating racial and gender pay differences. It examines whether differences in education, age/experience, citizenship, English ability, hours worked, and occupation explain the pay differences. Patterns and explanations vary substantially by group, but state governments are doing a better job than private firms of closing pay gaps on almost every measure.