Download This PaperPreemption and Fiscal Authority
45 Fordham Urb. L.J. 1269 (2018)
26 Pages Posted: 9 Jun 2020
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: Suggested Citation
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