Informed Legislatures

Informed Legislatures
Author: Megan Jones
Publisher: University Press of America
Total Pages: 308
Release: 1996
Genre: Political Science
ISBN: 9780761804048

Informed Legislatures offers the first comprehensive examination of technical information and decisionmaking in state legislatures and recommends ways to improve science and technology support to legislatures through staff, state universities, and other groups. Megan Jones, David H. Guston, and Lewis M. Branscomb report on fieldwork from eleven state legislatures. While partisan analysis is necessary in the legislative process, non-partisan sources are vital to help legislatures triangulate among special interests. The book argues that maintaining internal expertise is effective in the ongoing struggle of state legislatures to be independent of governors and lobbyists. Practioners interested in state legislatures, professionals in state and local government, lobbyists, state legislators and staff, public university administratives and faculty, and scholars who focus on the role of scientific and technical information in political institutions will find Informed Legislatures to be an invaluable resource. Co-published with the Center for Science and International Affairs, Harvard University.

Congress in Context

Congress in Context
Author: John Haskell
Publisher: Routledge
Total Pages: 331
Release: 2018-04-17
Genre: Political Science
ISBN: 042997499X

The U.S. Congress is by the far the least popular (and most misunderstood) branch of the federal government. Congress in Context de-mystifies the institution, giving students a comprehensive and practical understanding of Congress and the legislative process. This book takes a different approach to the study of Congress than other texts. Usually Congress is treated in isolation from the rest of the government. But the Framers of the Constitution explicitly intended for the branches of government to be interdependent. Congress in Context introduces readers to Congress's critical role in the context of this interdependent system. Using the metaphor of a board of directors, the authors explain the three key roles of Congress within the federal government (authorizing what government does, funding its activities, and supervising how it carries out the laws Congress passes) and shows students how Congress interacts with the rest of the government to exercise these powers. The thoroughly expanded and revised second edition features brand-new chapters on Congress and the courts and Congress and interest groups. It also includes expanded coverage of Congress's relationship with the executive branch, campaign finance, and today's major budget issues. Grounded in the latest political science literature coupled with contemporary examples, Congress in Context offers students an informed yet accessible introduction to how the legislative branch carries out its duties.

The Nature of Legislative Intent

The Nature of Legislative Intent
Author: Richard Ekins
Publisher: OUP Oxford
Total Pages: 318
Release: 2012-10-12
Genre: Law
ISBN: 0191645931

Are legislatures able to form and act on intentions? The question matters because the interpretation of statutes is often thought to centre on the intention of the legislature and because the way in which the legislature acts is relevant to the authority it does or should enjoy. Many scholars argue that legislative intent is a fiction: the legislative assembly is a large, diverse group rather than a single person and it seems a mystery how the intentions of the individual legislators might somehow add up to a coherent group intention. This book argues that in enacting a statute the well-formed legislature forms and acts on a detailed intention, which is the legislative intent. The foundation of the argument is an analysis of how the members of purposive groups act together by way of common plans, sometimes forming complex group agents. The book extends this analysis to the legislature, considering what it is to legislate and how members of the assembly cooperate to legislate. The book argues that to legislate is to choose to change the law for some reason: the well-formed legislature has the capacity to consider what should be done and to act to that end. This argument is supported by reflection on the centrality of intention to the nature of language use. The book then explains in detail how members of the assembly form and act on joint intentions, which do not reduce to the intentions of each member, before outlining some implications of this account for the practice of statutory interpretation. Developing a robust account of the nature and importance of legislative intention, the book represents a significant contribution to the literature on deliberative democracy that will be of interest to all those thinking about legal interpretation and constitutional theory.

The Hourglass of Representation

The Hourglass of Representation
Author: Erik Hanson
Publisher:
Total Pages: 263
Release: 2022
Genre:
ISBN:

How does institutional differences across state legislatures representation and the political pathways of women, people of color, and working class state legislators? While some studies have focused on institutional elements of state legislatures, few have focused on how representational pathways are affected for individual legislators. Furthermore, studies that have focused on legislator pathways have generally analyzed one particular state legislature. This project will contribute to the literature on state legislatures by taking a mixed methods, interstate, and institutional approach to studying representation. The theoretical framework for analyzing the constraint among legislators is an 'Hourglass of Representation, ' in which legislators (and particularly people of color legislators) are pinched between 'bottom up' pressures from their district along with social movements and interest groups, and 'top down' forces, including the leadership structure and culture of the legislature and state-level political and institutional forces. I argue that people of color, women, and working class legislators are particularly constrained by this situation both because the bottom up forces facing them are more intense and the roadblocks facing them for obtaining power and advancing agendas are more severe. There are three key contributions this dissertation makes to the Political Science literature on representation in state legislatures. The first study contains an analysis of legislator interaction with constituents, including constituent work, in-district legislator events, and other forms of legislative styles that emerge among legislators. This work is related to Richard Fenno's Homestyle and related work on credit claiming and the personal vote for a representative. It is in conversation with, and expands on the work found in Homestyle by using a variety of methods to analyze legislator activities. Furthermore, it is one of relatively few studies which studies both legislative lawmaking and constituent services in the same project. Additionally, it combines legislative activity with their subsequent progressive advancement to Congress and other legislative bodies or elected offices. In the course of this research, I argue that many people of color legislators place a greater effort on Homestyle Politics than would be predicted simply from electoral incentives. This is in part that many people of color legislators face unique pressures from their district; frequently their districts are among the most left-leaning in the state legislature, they are likely to be indebted to ideological groups who helped them run for office and originally recruited them, and also these districts operate in a context of hostility from the state government at large. To address this question, I assembled a unique data set of legislator communication via public twitter accounts in 2016 and 2017. The second study contains an analysis of visible and less visible legislative actions to secure substantive representation for people of color groups. There will be a discussion of how focusing on latter stages in the legislative process may obscure the unique legislative styles of people of color legislators. It also contains a cross-state analysis of the varying role of legislative institutions and their effects on the opportunities and trade offs legislators are faced with. Discussion of how some forms of constraint on legislators are relatively identity neutral, while others more strongly inhibit the choices of women, people of color, or particularly women of color. To address this question, I assembled a unique data set of bill and resolution sponsorship, including its eventual passage in the legislature, among all state legislatures in 2016 and 2017 via legiscan.com. The third study continues the legislative institutional argument by looking at the role of state party and legislative institutions on equality of access to legislative office and progressive advancement to Congress. This is followed by a discussion of how these sources of constraint occur at many stages in the career of a legislator. Many of these forms of constraint most negatively affect legislators wanting to advance radical redistributive politics across class and racial lines, along with advocating for those in which there is a consensus across both political parties of marginality (non-citizens, criminals, prisoners, people expressing anti-American or irreligious viewpoints, etc.) To address this question, I assembled a unique data set of the occupational backgrounds and electoral history of all state legislators and members of Congress for the year 2020 from existing public data. Three key findings were found from the aforementioned studies, and they are as follows: State legislators from non-white backgrounds, particularly Black legislators devote more effort to constituency service and particularly constituent service events. Furthermore, these legislatures showed much higher levels of tailoring events and information to diverse groups of constituents rather than relying on generic information, another sign of legislative effort. This may come from group consciousness held by the legislator in some cases, although it also may be informed by the constraint faced by these legislators in other avenues. Legislators constrained from taking action in the legislative arena (e.g. committee work) may devote more attention to activities where they have more autonomy. Legislators from legislatures with higher variation in legislative activity are less likely to ascend to higher office, including moving from the state house to the state senate. The variation in legislative activity is theorized to be reflective of inequality within the legislature in power and open avenues for lawmaking. Although in theory a legislature with no variation in legislative activity could also be a sign of legislative constraint, this was not found to be the case within any legislature. Future work will explore other measures of legislative success besides election to higher office and reelection. Members of Congress with past legislative experience were far more likely to come from legislatures with more professionalized state legislatures. Professionalized state legislatures were also more likely to show lower levels of legislative inequality and constraint. However, it is important to note that even in the "best" state legislatures on these measures, the legislatures were still quite unequal in legislative power and the constraint facing their members. Furthermore, they all showed evidence of bias in recruitment networks that made it less likely for legislators of nontraditional backgrounds to run for higher office and win. This dissertation contributes to the growing understanding of the role of formal and informal political institutions on the representation of marginalized groups and the political pathways of legislators in unequal legislative environments. Furthermore, it makes a contribution to the literature on credit claiming, electoral threat, and homestyle politics literature in Political Science

The Oxford Handbook of Legislative Studies

The Oxford Handbook of Legislative Studies
Author: Shane Martin
Publisher: Oxford University Press, USA
Total Pages: 785
Release: 2014
Genre: Political Science
ISBN: 0199653011

Legislatures are arguably the most important political institution in modern democracies. The Oxford Handbook of Legislative Studies, written by some of the most distinguished legislative scholars in political science, provides a comprehensive and up-to-date description and critical assessment of the state of the art in this key area.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.