Geography Studies Spaces and Behavior

1. Geography Studies Spaces and Behavior • How societies organize space and behavior • How entities use land to produce goods and provide services and thus create landscapes • The landscape comprises the tangible evidence of human activities carried out under the "rule of law"

2. Minnesota is one type of space simultaneously • contained in other spaces • containing other spaces

4. Our human landscape is our unwitting autobiography, reflecting our tastes, or aspirations, and even our fears, in tangible, visible form.... All our cultural warts and blemishes are there, and our glories too; but above all, our ordinary day-to-day qualities are exhibited for anybody who wants to find them and knows how to look for them • (Peirce Lewis "Axioms for reading the landscape, some Guides to the American Scene" in Donald Meinig (ed) Interpretations of Ordinary Landscapes (New York, Oxford University Press, 1979 12)

5. The Nature of Government The Nature of Public Policy The Nature of Law

6. Public Policy • The outcome of numerous debates about the role of government, commonly termed public policy or law, • prompted by the demands of individuals, corporations, and governments - usually about goods and services • debates involve governments, corporations, and individuals • The response of those same individuals, corporations, and governments to such public policy

7. Public Policy Operationalized • Public policy organizes behavior through a system of  incentives (carrots) and penalties (big sticks) that coerces individuals, organizations, and governments to behave  in particular ways • Defines, promotes, protects, and enforces acceptable behavior • Defines, promotes, protects, and enforces unacceptable behavior • Thus makes certain behavior more attractive/rational/profitable than another • Public policy provides a context for individuals, corporations, and governments making decisions about their behavior – for example how to use land • Public policy/Law organizes space over which certain entities have jurisdiction and the behavior of those who live and “do business” in that space

8. Federalism • The way individuals, organization and governments operate, under "the rule of law" • Incessant debate about the responsibilities and roles of the federal and state governments • Incessant debate about the authority and role of the various branches of federal and state governments • Incessant debate about what goods should be produced and what services should be provided • Incessant debate about how to produce goods and how to provide services • We “muddle through” – the outcome of the debate has varied temporally and spatially • Executive Order 13132 Federalism (Federal Register August 10, 1999)

9. There are several “layers” of government • A federal government • 50 state governments • 87,453 units of local government • 39,044 are general purpose local governments • 3,043 county governments • 36,001 subcounty general purpose governments - municipalities, towns(hips) • 48,409 are special-purpose local governments • 13,726 school district governments • 34,683 special district governments

10. Public Policy Structure – a 3-legged Stool • The legislature defines and establishes broad social goals, outlines what behavior is needed to achieve those goals, delegates authority necessary to change behavior, appropriates revenue • The executive creates (promulgates) rules that are designed to implement legislation and change behavior • The judiciary examines claims by individuals, organizations, even governments, that specific legislation or specific regulation violates their constitutional rights and cause some harm

11. Public Policy in Minnesota • The legislature enacts legislation, statutes, acts that • define and establish broad social goals • outline what behavior modifications are needed to achieve those goals • delegate authority necessary to control behavior – often change behavior • appropriate revenue • In accordance with the Minnesota Constitution • The Executive agencies translate legislation into rules of behavior • Department of Natural Resources • Department of Agriculture • Pollution Control Agency • Public Utilities Commission

12. Public Policy in Minnesota • The Minnesota state courts and the federal district court of Minnesota examine claims by individuals, organizations, even governments, that specific legislation or specific regulation violates their state or federal constitutional rights and cause some harm that necessitates compensation

13. State Policy on Mercury Contamination • Minnesota Statutes 116.915 • Minnesota Rules • Minnesota Pollution Control Agency • Minnesota Department of Health • Corporations: Taconite companies, Xcel Energy • Minnesota Chamber of Commerce • Lobbyists: Minnesota Center for Environmental Advocacy • Minnesota Public Interest Research Group, Izaak Walton League, Fresh Energy • Individuals • State’s mercury legislation and regulation • Status of mercury product legislation • Federal Actions • Management of Rechargeable Batteries Legislation • Environmental Protection Agency – mercury • Nine US States File Suit Challenging Federal Mercury Emissions Rules, Say Policy Does Not Protect Fetuses, Children

14. Minnesota Policy on Smoking • Tobacco.org • Tobacco Control Archives (University of California San Francisco) • Minnesota's Tobacco Settlement 1998 • (Google)

15. Minnesota Policy on Asbestos Contamination • Mesothelioma (Wikipedia) • Minnesota Statues & Rules (MDH) • Asbestos (Environmental Protection Agency) • Asbestos (Occupational Safety and Health Administration) • Chrysotile Institute

16. The Paradigm of Public Policy/Law • Public Policy/Law comprises • Statutory law • Administrative law • Case law • Created by federal and state governments acting under authority defined, somewhat imperfectly, in a constitution • Federal Constitution (GPO) • Minnesota Constitution (MHS)

17. Debate about Governments: Federal v State • Nation versus State Government (Ben's Guide to Government) • Unfunded mandates (General Accountability Office) • Jurisdiction (The Constitution Society)

18. Pragmatically • Individuals, organization and governments operate in response to public policy/law created by federal and state governments acting under authority defined, somewhat imperfectly, in a constitution

19. Multiplicity of Sources of Law • Statutory law (legislation, statute, act) enacted by the legislature • Administrative law (regulation, rule) promulgated by the executive agencies • Case law (opinion, decision, ruling) issued by a court (judge) • Federal, state, and local governments • Chronological Publications • Legislatures enacts statutes on variety of subjects in a legislative session • Regulatory agencies promulgate rules on a variety of subjects • Courts consider cases involving a variety of subjects

20. Finding aids - subject access • Official - published by the government authors of the material • Unofficial - published by a commercial publisher, usually contains the official material plus additional comments

21. Balancing Act • Constant Change • Federal and state legislatures enact approximately 15,000 statutes/year • Unknown number of local government ordinances • Unknown number of rules - federal, states, local governments • Federal and state courts issue approximately 55,000 opinions/year - estimated 3 million opinions still "good law" • Desire to maintain certainty and stability - means by which society is ordered and the appropriate behavior of its members defined, promoted, and enforced • Need for flexibility in regulating a broad spectrum of human activities

22. Public Policy Structure – a 3-legged Stool • Legislative Branch enacts legislation, statutes, acts (laws) • defines and establishes broad social goals • outlines what behavior modifications are needed to achieve those goals • delegates authority necessary to change behavior • appropriates revenue • Executive Branch creates (promulgates) rules, regulations that are designed to implement legislation and change behavior • Judicial Branch examines claims by individuals, organizations, even governments, that specific legislation or specific regulation violates their constitutional rights • Cause some harm • Ask for a remedy

23. The role of the federal government • The power given the federal government in the federal constitution • The power assumed by the federal government and not denied by the Supreme Court • Constant debate between the various branches of government about their respective roles and responsibilities • Constant debate between the federal and state governments about their respective roles and responsibilities

24. The US Government Manual (National Archives) Ben's Guide to the US Government (GPO) The Federal Government (USA.gov) GPO Access Government Web Resources (Library of Congress) FedStats University of Minnesota Government Publications University of Minnesota Law Library Federal Resources (FindLaw) Llrx.com LexisNexis Congressional LexisNexis Academic Basic References

25. Legislative Law

26. Structure of the Legislative Branch • Senate • House of Representatives • Legislative Agencies & Commissions • Library of Congress • Congressional Research Service(University of Oregon) • Congressional Research Service Reports (National Council for Science & the Environment) • Legislative Sourcebook (Law Librarians Society of Washington) • General Accountability Office • Government Printing Office • Congressional Budget Office

27. Senate House Congressional Committees

28. Specific kinds of documents are produced at each stage of the legislative process • Introduced bills • Congressional Record • Committee Hearings • Committee Prints • Committee Reports • Congressional Record • How our laws are made

29. Outcome - Statute enacted by Congress and signed into law by the President • Every Session of Congress • Statutes-at-Large • Public and Private Laws - 108th Congress (GPO) • Popular Names of Acts (Cornell University) • LexisNexis Congressional

30. Legislation, Act, Statute • Legislation enacted by the legislative branch and signed by the President • establishes national goals, • makes specific provisions, • delegates authority, and • appropriates funds • Presidential messages

32. United States Code – Cumulates and Codifies statutes enacted by Congress • Federal statutes currently in force are arranged by subject matter in fifty titles • Published by Government Printing Office it is recompiled every six years and is supplemented annually • The current  version of the USC began in 1926 • Unofficial versions are produced by commercial publishers and are preferred • United States Code Annotated (Thomson Reuters) • United States Code Service (Reed Elsevier) • They are more current, and they have annotations; e.g., references to cases, law review articles, regulations authorized by the statutes, and books • All three sources of federal statutes have a subject index, a volume of tables for converting Statutes at Large citations to code citations, and a popular name listing

33. Congress and the Nation vol. 1. 1945-1964 vol. 2. 1965-1968 vol. 3. 1969-1972 vol. 4. 1973-1976 vol. 5. 1977-1980 vol. 6. 1981-1984 vol. 7. 1985-1988 vol. 8. 1989-1992 vol. 9. 1993-1996 vol. 10.1997-2000 vol. 11. 2001-2004 CQ Weekly CQ Researcher CQ Almanac CQ Almanac Plus Congressional Quarterly Inc.

34. Administrative Law

35. Administrative Law - Structure • The US Government Manual (GPO) • Official US Executive Branch Web Sites (Library of Congress) • Federal Executive Branch (Usa.gov) • Executive Office of the President • Legal Information Institute (Cornell University) • Uncle Sam (Google)

36. Rule-Making • Part of the executive branch of the federal government possesses the authority given it in legislation • This part – executive agencies – create (promulgate) rules that are designed to implement legislation designed to achieve a particular goal (and influence behavior) • Executive departments comprising the Cabinet • Most Independent Agencies and Government Corporations • Some Boards, Commissions, and Committees

37. The Rule-Making or Regulatory Process

38. The Outcome of the Rulemaking Process – Administrative Law/Regulations • Federal Register (GPO) • Federal Register (National Archives) • What is the Federal Register? • Code of Federal Regulations (GPO) • Regulations.gov • LexisNexis Congressional (Reed Elsevier)

39. Code of Federal Regulations (CFR) • The CFR is a compilation and codification of the general and permanent rules published in the Federal Register • Divided into 50 titles representing broad areas of behavior subject to federal regulation • Each title divided into chapters usually bearing the name of the issuing agency • Each chapter is further subdivided into parts covering specific regulatory areas - parts thus become the entity "a rule“ • Large parts may be subdivided into subparts and all parts are organized in sections • Each part or section is keyed to • the legislative authority under which the agency promulgated the rule • the issue of the Federal Register in which the final rule was published • Rules are cited to the section level • Each volume of the CFR is revised once each calendar year

40. The Outcome of the Federal Regulatory Process

42. Federal Land Management Agencies Department of Agriculture (USDA) Forest Service Bureau of Land Management (BLM) Fish & Wildlife Service National Park Service Army Corps of Engineers Food and Drug Administration (FDA) Environmental Protection Agency (EPA) National Oceanic and Atmospheric Administrations (NOAA) The Federal Reserve

43. Judicial Law The judiciary examines claims by individuals, organizations, even governments, that specific legislation or specific regulation violates their constitutional rights and cause some harm

45. Basic Sources • Introduction to the U.S. Legal System (FindLaw) • Court Systems: Federal (FindLaw) • Lawsuits: A Practical Guide (FindLaw)

46. The Judicial Process • The language of case law - judicial opinion - is very precise  • It is also filled with technical words that have specific meaning in the context of the judicial process • Case law changes as society changes • The earlier case law still has relevance however • The published findings of the courts • represents a dialogue between the past and the present • provide answers to some of society’s most compelling questions

47. Minnesota Judicial Branch

49. United States Supreme Court • The Supreme Court consists of the Chief Justice of the United States and eight associate justices • At its discretion, and within certain guidelines established by Congress, the Supreme Court each year hears a limited number of the cases it is asked to decide • Those cases may begin in the federal or state courts, and they usually involve important questions about the Constitution or federal law

50. United States District Courts • The trial courts in which justices have jurisdiction to hear nearly all categories of federal cases, including both civil and criminal matters • Currently, there are 94 such districts, including at least one district in each state, the District of Columbia and Puerto Rico • Three territories of the United States -- the Virgin Islands, Guam, and the Northern Mariana Islands -- have federal district courts