Recently in Laws/Legislation Category

Source: James Sample, Adam Skaggs, Jonathan Blitzer, Linda Casey, Justice at Stake Campaign, the Brennan Center, and the National Institute on Money in State Politics, August 2010

From the summary:
State judicial elections have been transformed during the past decade. The story of America's 2000-2009 high court contests--tens of millions of dollars raised by candidates from parties who may appear before them, millions more poured in by interest groups, nasty and misleading ads, and pressure on judges to signal courtroom rulings on the campaign trail--has become the new normal.

For more than a decade, partisans and special interests of all stripes have been growing more organized in their efforts to use elections to tilt the scales of justice their way. Many Americans have come to fear that justice is for sale. Unlike previous editions, which covered only the most recent election cycle, this fifth edition of the "New Politics of Judicial Elections" looks at the 2000-2009 decade as a whole. By tallying the numbers and "connecting the dots" among key players over the last five election cycles, this report offers a broad portrait of a grave and growing challenge to the impartiality of our nation's courts. These trends include:

- The explosion in judicial campaign spending, much of it poured in by "super spender" organizations seeking to sway the courts
- The parallel surge of nasty and costly TV ads as a prerequisite to gaining a state Supreme Court seat
- The emergence of secretive state and national campaigns to tilt state Supreme Court elections
- Litigation about judicial campaigns, some of which could boost special-interest pressure on judges
- Growing public concern about the threat to fair and impartial justice--and support for meaningful reforms.

Source: Karen K. Harris, Sargent Shriver National Center on Poverty Law, April 19, 2010

The Federal Poverty Measure is badly in need of revision. The current measure is not an accurate reflection of the resources a family needs to stay healthy and thrive. This six-part series will examine the history of the measure and past and current efforts to reform it.

The Federal Poverty Measure is a decades-old relic that became widely utilized by historical accident. The current measure was created during the mid-1960s by an economist at the Social Security Administration (SSA) who began publishing articles with poverty statistics for the United States using a poverty measure that she had developed.

Source: Garrine P. Laney, Congressional Research Service, RL30871, February 26, 2010

From the summary:
The Violence Against Women and Department of Justice Reauthorization Act of 2005 (VAWA 2005) (P.L. 109-162) was enacted on January 5, 2006. Among other things, VAWA 2005 reauthorized existing VAWA programs and created many new programs. The act encourages collaboration among law enforcement, judicial personnel, and public and private service providers to victims of domestic and sexual violence; increases public awareness of domestic violence; addresses the special needs of victims of domestic and sexual violence, including the elderly, disabled, children, youth, and individuals of ethnic and racial communities; authorizes long-term and transitional housing for victims; makes some provisions gender-neutral; and requires studies and reports on the effectiveness of approaches used for certain grants in combating violence.

Source: Marc Labonte, Andrew Hanna, Congressional Research Service, R41134, March 23, 2010

After recording a fiscal year (FY) 2000 federal budget surplus of $236.2 billion, the Congressional Budget Office (CBO) in January 2001 projected continued surpluses throughout the decade. However, enactment of major legislation during the 107th to 111th Congresses, in combination with changing economic conditions, altered the federal budget outlook for the decade dramatically. In FY2002, the budget recorded a deficit for the first time since 1997, and the federal government has run a deficit in each subsequent year.

This report examines to what extent major legislative changes from 2001 to 2009 caused the budget to move from surplus to deficit. Legislative actions taken in 2009 increased the FY2009 deficit by $509 billion, whereas legislative actions taken between 2001 and 2008 increased the FY2009 deficit by $903 billion. Furthermore, legislative changes have cumulatively increased federal budget deficits over FY2001 to FY2009 by $5.4 trillion.

Source: Education Commission of the States, 2010

The following summary includes policies enacted in 2010. Summaries are collected from state Web sites, state newsletters, StateNet, LexisNexis and Westlaw. Descriptions often reflect the content of bills as introduced and may not reflect changes made during the legislative process. To assure that this information reaches you in a timely manner, minimal attention has been paid to style (capitalization, punctuation) or format. To view the documents, click on the blue triangle next to the topic of interest. To view all, press the button located at the top labeled "Expand All."

Source: National Conference of State Legislatures, February 9, 2010

Amid the most difficult economic situation since the Great Depression, state legislatures addressed sentencing and corrections policies that better manage correctional populations and budgets. In 2009, states fine-tuned sentencing laws, expanded community-based diversion programs, and created policies and programs aimed at reducing recidivism. California, Delaware, Maryland, Montana, Oregon and Washington increased the monetary thresholds for theft-related crimes, to better align low-level offenses with less severe penalties. States required presentence risk assessments to identify defendants appropriate for community-based sentences. In Illinois and New Hampshire, presentence screening that includes treatment recommendations must be completed for current military or veterans diagnosed with a mental illness.

Source: R. Sam Garrett, Congressional Research Service, R41054, February 1, 2010

From the summary:
Following the Supreme Court's January 21, 2010, ruling in Citizens United v. Federal Election Commission, questions have emerged about which policy options could be available to Congress. This report provides an overview of selected campaign finance policy options that may be relevant. It also briefly comments on how Citizens United might affect political advertising. A complete understanding of how Citizens United will affect the campaign and policy environments is likely to be unavailable until at least the conclusion of the 2010 election cycle.

If Congress pursues additional legislation, at least two broad choices could be relevant. First, Congress could provide candidates or parties with additional access to funds to combat corporate influence in elections. Second, Congress could restrict spending under certain conditions or require those making expenditures post-Citizens United to provide additional information to voters or regulators. Options within both approaches could generate substantial debate. Some may contend that the only way to provide Congress with the power to directly affect the content of the ruling would be to amend the Constitution.

Bills introduced as of this writing that may be relevant for legislative responses to Citizens United include, but are not necessarily limited to H.J.Res. 13, H.J.Res. 68, H.R. 158, H.R. 1826, H.R. 2056, H.R. 3859, H.R. 4487,H.R. 4511, H.R. 4517, H.R. 4522, H.R. 4523, H.R. 4527, H.R. 4537, H.R. 4540, S. 752, S. 2954, and S. 2959. Given the pace of developments since the ruling, this report is not intended to be exhaustive. Relevant legislation that has been introduced thus far is reflected through selected examples. Additional legislation will be included in future updates. This report is not intended to provide a legal analysis of Citizens United or of legal issues that might affect the policy options discussed here. CRS Report R41045, The Constitutionality of Regulating Corporate Expenditures: A Brief Analysis of the Supreme Court Ruling in Citizens United v. FEC, by L. Paige Whitaker discusses legal aspects of the decision.
See also:
Life After Citizens United
Source: National Conference of State Legislatures, February 18, 2010

Source: Human Rights Campaign Foundation, 1/26/2010

From the summary:
The comprehensive state-by-state report provides a complete summary of all the state legislation introduced and passed in 2009 that affected lesbian, gay, bisexual and transgender people and their families. The report indicates that despite disappointments in 2009, it was a banner year for positive legislation affecting the LGBT community, with as many positive bills passed this past year as in 2007 and 2008 combined. The report also details expectations for 2010.

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