Preemption and Fiscal Authority

45 Fordham Urb. L.J. 1269 (2018)

26 Pages Posted: 9 Jun 2020

See all articles by Erin Adele Scharff

Erin Adele Scharff

Arizona State University (ASU) - Sandra Day O'Connor College of Law

Date Written: 2018

Abstract

This Essay explores the relationship between local fiscal and regulatory authority in light of the changing landscape of regulatory preemption. Part I provides further background on local fiscal authority and the ways in which hyper preemption depends on limited local authority. Part II explores the ways in which limited fiscal authority may contribute to a renewed interest in local regulatory authority, and discusses the reasons these constraints are likely to increase. Part III argues that these increasing fiscal constraints both limit local governments’ ability to adequately address matters of traditional local concern and hinder local governments’ ability to respond to leadership failures at the state and national levels.

Keywords: Local Government, Tax Policy, Preemption

Suggested Citation

Scharff, Erin Adele, Preemption and Fiscal Authority (2018). 45 Fordham Urb. L.J. 1269 (2018), Available at SSRN: https://ssrn.com/abstract=3599558

Erin Adele Scharff (Contact Author)

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

P.O. Box 877906
Tempe, AZ 85287-7906
United States

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