The Evolving Use and the Changing Role of Interstate Compacts: A Practitioner's GuideThe Evolving Use and the Changing Role of Interstate Compacts is a long-needed guide to the law and use of interstate compacts. This book explains the historical basis of compacts and the legal underpinnings of compacts. It covers such diverse topics as federal and state court jurisdiction, compact-created administrative agencies, Eleventh Amendment immunity, drafting considerations, and the use of compacts in specific areas such as crime control, child welfare, environmental regulation and economic development. The book also examines why interstate compacts are providing to be the vehicle of choice for cooperation between states and provides practitioners with the tools they need to understand create and make the best use of such agreements. |
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Contents
THE GENERAL LAW AND PRINCIPLES GOVERNING INTERSTATE COMPACTS | 1 |
12 THE NATURE OF INTERSTATE COMPACTS | 9 |
122 Contracts Between States | 15 |
13 THE ADVANTAGES AND DISADVANTAGES OF INTERSTATE COMPACTS | 25 |
14 IMPACT OF COMPACTS ON PRIVATE INTERESTS | 30 |
THE FEDERAL GOVERNMENTS ROLE IN INTERSTATE COMPACTS | 35 |
21 CONGRESSIONAL CONSENT REQUIREMENT | 36 |
212 The Breadth and Limits of Congressional Consent | 39 |
72 IMMUNITY WAIVER | 170 |
73 NEGLIGENT SUPERVISION | 171 |
74 42 USC SECTION 1983 LIABILITY | 173 |
75 CHOICE OF LAWS ISSUES | 174 |
76 STANDING | 175 |
PRESENT TRENDS IN THE USE OF INTERSTATE COMPACTS | 177 |
82 SUBSTANTIVE TRENDS | 179 |
83 RECENT DEVELOPMENTS FUTURE COMPACT ACTIVITY | 181 |
213 Withdrawal of Consent | 42 |
214 Subsequent Legislative Action by Congress | 43 |
215 When Is Congressional Consent Required? | 47 |
216 The Effect of Congressional Consent on Court Jurisdiction | 53 |
217 Contractual Nature of Compacts | 64 |
22 FEDERAL PARTICIPATION IN COMPACTS | 66 |
23 EFFECT OF CONGRESSIONAL CONSENT ON COMPACTCREATED AGENCIES | 68 |
CREATING INTERSTATE COMPACTS | 71 |
31 COMPACT MAKINGTHEN AND NOW | 72 |
Negotiated Compacts | 73 |
Compacts by Other Means | 76 |
313 Case Studies in Compact Creation | 80 |
3132 The New YorkNew Jersey Port Authority Compact of 1921 | 82 |
3133 The Interstate Compact on the Placement of Children | 83 |
3134 The Emergency Management Assistance Compact | 84 |
3135 The National Crime Prevention and Privacy Compact | 85 |
3136 The Interstate Compact for Adult Offender Supervision | 87 |
FIVE KEYS TO SUCCESS | 88 |
321 An Inclusive Process | 89 |
322 An Effective Sales Pitch | 90 |
323 A BroadBased Marketing Strategy | 91 |
324 A Network of Champions | 92 |
325 A Proactive Transition Plan | 93 |
33 CONSIDERATIONS IN DRAFTING | 94 |
331 General Considerations | 95 |
332 Deciding What Goes In | 96 |
333 Typical Provisions | 98 |
3332 Substantive Terms of Agreement | 99 |
3333 Compact Administration | 100 |
3334 Agency Powers and Duties | 102 |
3335 Finance | 108 |
3336 Dispute Resolution and Enforcement | 111 |
3337 Ancillary Matters | 115 |
33372 Construction and Severability | 116 |
33374 Withdrawal and Termination | 118 |
33375 Relations with Nonparties | 119 |
33376 Other Issues | 120 |
334 Enabling Legislation | 121 |
335 Resources for Drafters | 122 |
COURT JURISDICTION OVER INTERSTATE COMPACTS | 123 |
42 APPLICATION OF FEDERAL AND STATE LAW TO COMPACT DISPUTES | 126 |
43 APPLICATION OF CONTRACT LAW TO COMPACTS | 128 |
433 Mutual Consent or Meeting of the Minds | 129 |
434 Consideration | 130 |
436 Contract Interpretation | 131 |
437 Parol Evidence | 132 |
STRUCTURES FOR ADMINISTERING INTERSTATE COMPACTS | 133 |
52 COMPACT ADMINISTRATORS NEW STATE ENTITIES | 135 |
53 ADMINISTRATION BY ASSOCIATIONS | 137 |
54 ADMINISTRATION BY INTERSTATE AGENCIES | 140 |
ISSUES WITH THE ENFORCEMENT OF INTERSTATE COMPACTS | 149 |
61 RECURRENT PROBLEMS WITH AND COMMON OBSTACLES TO ENFORCING COMPACTS | 150 |
62 COMMON MISUNDERSTANDINGS ABOUT THE STATUS OF INTERSTATE COMPACTS | 153 |
63 MATERIAL AND NONMATERIAL DIFFERENCES IN COMPACT STATUTES | 154 |
64 CONFLICT WITH ESTABLISHED STATE LAWS | 156 |
65 CONFLICTS BETWEEN COMPACTS AND FEDERAL STATUTORY OR REGULATORY LAW | 157 |
67 JUDICIAL ENFORCEMENT OF INTERSTATE COMPACTS | 158 |
671 Enforcement of Compacts by Federal Courts | 159 |
673 The Effect of Conflicting State Court Decisions Relative to Member States | 160 |
68 MEDIATION AND ARBITRATION OF COMPACT DISPUTES | 161 |
610 REMEDIES IN THE ENFORCEMENT OF INTERSTATE COMPACTS | 162 |
611 TEN POINTS A PRACTITIONER OR JUDGE SHOULD KNOW ABOUT ENFORCING INTERSTATE COMPACTS | 163 |
SPECIAL PROBLEMS | 165 |
832 Expanded Participation New Compacts | 184 |
833 Continued Experimentation | 186 |
834 New Fields Future Compacts | 188 |
SURVEY OF THE CURRENT USES OF ADMINISTRATIVE COMPACTS | 191 |
91 CRIME CONTROL AND CORRECTIONS COMPACTS | 197 |
912 Interstate Compact for Adult Offender Supervision ICAOS | 199 |
913 Interstate Agreement on Detainers IAD | 207 |
914 Interstate Compact on Juveniles ICJ | 213 |
915 National Crime Prevention and Privacy Compact NCPPC | 221 |
916 Driver License Compact DLC | 224 |
917 Nonresident Violator Compact NRVC | 231 |
918 Proposed Driver License Agreement DLA | 236 |
92 CHILD WELFARE COMPACTS | 238 |
922 Interstate Compact on the Placement of Children ICPC | 240 |
923 Interstate Compact on Adoption and Medical Assistance ICAMA | 250 |
93 HEALTH COMPACTS GENERALLY | 255 |
94 ENVIRONMENTAL AND NATURAL RESOURCE COMPACTS | 261 |
942 Interstate Compacts Concerning Waters Within the United States | 263 |
9421 Allocation and Apportionment Compacts | 266 |
94211 Arkansas River Compact | 270 |
94212 Colorado River Compact | 274 |
94213 Proposed Great Lakes Basin Water Resources Compact | 278 |
94214 Issues That Affect Compacts Apportioning Interstate Water | 279 |
94215 Endangered Species Act | 281 |
94216 Unmistakable Terms Doctrine | 286 |
94217 State Water Rights | 287 |
94218 Modification of Interstate Compacts to Address Current and Future Water Needs | 289 |
9422 Water Pollution and Water Quality | 290 |
94221 New England Interstate Water Pollution Control Compact | 292 |
94223 Ohio Valley River Sanitation Compact | 293 |
943 LowLevel Radioactive Waste Compacts | 295 |
9432 Current Status | 297 |
9433 Conclusion | 303 |
944 Solid WasteHazardous Waste Compacts | 304 |
9441 Solid and Hazardous Waste Under RCRA | 306 |
9442 Hazardous Waste Disposal Under CERCLA | 307 |
9443 Conclusion | 310 |
945 Air Quality and Air Pollution Compacts | 311 |
946 Natural Resource Protection Compacts | 320 |
9461 Scenic Areas and Wildlife Management | 321 |
94612 Tahoe Regional Planning Compact TRPC | 332 |
94613 Interstate Wildlife Violator Compact | 340 |
94614 Fishery Resource Management | 344 |
94615 Connecticut River Atlantic Salmon Compact | 345 |
94616 OregonWashington Columbia River Fish Compact | 346 |
94617 Atlantic Interstate Fisheries Compact Maryland and Virginia Potomac River Compact of 1958 | 351 |
94618 Pacific Marine Fisheries Compact | 353 |
94619 Gulf States Marine Fisheries Compact | 354 |
9462 River Basin and Watershed Resources Compacts | 355 |
94622 Survey of Interstate Compacts Addressing Water Basins | 359 |
94624 Potomac River Basin Interstate Compact | 360 |
94625 Great Lakes Compact | 361 |
94626 Delaware River Basin Compact | 362 |
947 Conclusion | 365 |
95 REGIONAL ECONOMIC DEVELOPMENT AND TRANSPORTATION COMPACTS | 366 |
952 New YorkNew Jersey Port Authority Compact | 368 |
953 BiState Metropolitan Development District Compact Missouri and Illinois | 370 |
954 Washington Metropolitan Area Transportation Compacts | 373 |
96 TAX COMPACTS GENERALLY | 388 |
97 EDUCATION COMPACTS GENERALLY | 394 |
INDEX OF INTERSTATE ADMINISTRATIVE COMPACTS | 397 |
493 | |
Common terms and phrases
9th Cir action Administrative Agency administrative compacts adopted Adult Offender Supervision allocation approved Area Transit Regulation Bi-State Clean Air Act CODE ANN Colorado River Compact Columbia River Gorge Comm'n compact administrators Compact Clause compact commission Compact for Adult Congress congressional consent Constitution contract Delaware River Dep't disputes District Driver License Agreement Driver License Compact effect Eleventh Amendment Enabling Statutes enacted enforcement Environmental ENVTL established example federal government federal law ICAOS ICPC immunity interstate agreements Interstate Commission Interstate Compact issues Jersey jurisdiction juvenile Kansas legislative legislatures Low-Level Radioactive Waste Marine Fisheries ment Metropolitan Area Transit National Ohio Oregon out-of-state pact party Placement of Children pollution Port Authority regulatory River Basin Compact rules Scenic Area STAT Supp Susquehanna River tion Transit Regulation Compact U.S. Supreme Court United Violator Compact Virginia Washington Metropolitan Area Wildlife WMATA