| Federal ism disputes arising from state regulations, particularly those pursuing health, safety, and environmental goals, are a common feature of the U.S . political system. Discussion of bases for settling such disputes often focuses on the in- and out-state incidence of benefits and costs but incidence is a complex concept that has not been systematically analyzed. We discuss five factors important to evaluating incidence and present spillover criteria for judging disputes based on them. When applied to a Massachusetts regulation of daminozide residues in heat-processed apple products, the criteria reach different conclusions on its appropriateness, although the main criteria suggest it should be invalidated by the courts or preempted by federal law. The... |
