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History Of Annually Determined Prices For Ownership Interests, Neil E. Harl 2017 Iowa State University

History Of Annually Determined Prices For Ownership Interests, Neil E. Harl

Agricultural Law Digest

For active farms and ranches, one of the most difficult issues in estate and business planning is how to go about setting values for multiple ownership situations if both on-farm heirs and off-farm heirs are involved. Our experience has been that the task can be eased if –(1) the organizational documents (articles of incorporation, bylaws and shareholder agreements for corporations and the same as to partnerships and other organizational structures) have been agreed to by the owners as to how and when the valuation is to occur; (2) the valuation process has been carried out annually without exception; and (3 ...


Cases, Regulations And Statutes, Robert P. Achenbach Jr. 2017 Iowa State University

Cases, Regulations And Statutes, Robert P. Achenbach Jr.

Agricultural Law Digest

No abstract provided.


A Long-Term Concern: Repealing The Rule Against Perpetuities, Neil E. Harl 2017 Iowa State University

A Long-Term Concern: Repealing The Rule Against Perpetuities, Neil E. Harl

Agricultural Law Digest

We seem to be encountering all manner of unpleasant developments these days – bad weather, low commodity prices, disagreement in politics, the threat of rare infections and on and on. Some are comparable to what was encountered in our younger years and some appear, at least, to be targeting today’s population. But one, in particular, seems to be yoked with actions that, at first blush, looks harmless but may be the most disruptive in the long run.


Cases, Regulations And Statutes, Robert P. Achenbach Jr. 2017 Iowa State University

Cases, Regulations And Statutes, Robert P. Achenbach Jr.

Agricultural Law Digest

No abstract provided.


Weird Science: Frankenstein Foods And States As Laboratories Of Democracy, Jennifer McGee 2017 Cleveland-Marshall College of Law, Cleveland State University

Weird Science: Frankenstein Foods And States As Laboratories Of Democracy, Jennifer Mcgee

Journal of Law and Health

The National Bioengineered Food Disclosure Standard (the 'National Standard') was signed into law July 29, 2016. This Article analyzes the National Standard and posits that Vermont’s Act 120 was a more effective labeling law because it safeguarded consumer sovereignty. The State regulatory scheme in place prior to the passage of the National Standard satisfied consumer demand for disclosure while allowing for necessary experimentation with GMO labeling. Part I provides an overview of the current federal scheme regulating GMOs. Part II analyzes of the conflict surrounding GMOs and labeling. Given that analysis, Part III compares the disclosure requirement of the ...


Marijuana Appellations: The Case For Cannabicultural Designations Of Origin, Ryan Stoa 2017 Concordia Univeristy School of Law

Marijuana Appellations: The Case For Cannabicultural Designations Of Origin, Ryan Stoa

Faculty Scholarship

An appellation is a certified designation of origin that may also require that certain quality or stylistic standards be met. Appellations are most commonly associated with the wine industry, but they can be applied to any agricultural product for which the geographic origin carries importance. The MMRSA [California Medical Marijuana Regulation and Safety Act] … may have far-ranging effects on the marijuana industry in the United States. [A provision of the act permits the state Bureau of Medical Marijuana Regulation to ‘establish appellations of origin for marijuana grown in California.’] As the most populous state in the Union and the most ...


Cases, Regulations And Statutes, Robert P. Achenbach Jr. 2017 Iowa State University

Cases, Regulations And Statutes, Robert P. Achenbach Jr.

Agricultural Law Digest

No abstract provided.


Good News For Estates With Portability In Mind, Neil E. Harl 2017 Iowa State University

Good News For Estates With Portability In Mind, Neil E. Harl

Agricultural Law Digest

The enactment of what has been dubbed “portability” in the Tax Relief Act of 20101 became famous for enabling the surviving spouse to utilize the remaining applicable exclusion amount (or applicable credit amount) of the last deceased spouse (dying after 2010) if a federal estate tax return was filed in the estate.2 The executor had to elect and that election had to be on a timely-filed federal estate tax return.3 A six month’s extension was allowed in order to file Form 706 for deaths in the first half of 2011 and to make a portability election ...


Corporate Divisions: Often A Last Resort For Farm And Ranch Families, Neil E. Harl 2017 Iowa State University

Corporate Divisions: Often A Last Resort For Farm And Ranch Families, Neil E. Harl

Agricultural Law Digest

For those who chose the corporate route, often years ago, and friction has developed between on-farm and off-farm heirs (or just among on-farm heirs), a corporate reorganization may be an acceptable route to a fair and acceptable solution.1


Cases, Regulations And Statutes, Robert P. Achenbach Jr. 2017 Iowa State University

Cases, Regulations And Statutes, Robert P. Achenbach Jr.

Agricultural Law Digest

No abstract provided.


Preventing A Risk/Risk Trade-Off: An Analysis Of The Measures Necessary To Increase U.S. Pollinator Numbers, Camila Acchiardo Vallejo 2017 Elisabeth Haub School of Law at Pace University

Preventing A Risk/Risk Trade-Off: An Analysis Of The Measures Necessary To Increase U.S. Pollinator Numbers, Camila Acchiardo Vallejo

Pace Environmental Law Review

This Note will proceed in four parts. Part II will discuss the importance of pollinators and the possible reasons for their declining numbers. Part III will delve into the current and proposed actions to increase pollinator populations that are taking place in the United States. Part IV will then discuss the generally desired and widely accepted solution: a ban on neonicotinoids. This Part will introduce the implementation and results of a neonicotinoid ban in the European Union, and the risk/risk trade-off presented by a neonicotinoid ban. Finally, Part V will compile the solutions discussed in Parts III and IV ...


Public Conservation Policies On Private Land: A Case Study Of The Brazilian Forest Code And Implications For The Agro-Industry Sector, Rayane Aguiar, Jody M. Endres, Caroline Taylor, Samuel Evans 2017 University of Illinois College of Agricultural, Consumer, and Environmental Sciences

Public Conservation Policies On Private Land: A Case Study Of The Brazilian Forest Code And Implications For The Agro-Industry Sector, Rayane Aguiar, Jody M. Endres, Caroline Taylor, Samuel Evans

Pace Environmental Law Review

The objectives of this paper are to discuss (1) a brief history of the Brazilian Forest Code (FC); (2) key aspects of the 2012 FC revisions; (3) the status of implementation, including institutional and field-level challenges, as well as economic incentives to ease compliance; and (4) the importance of the FC for the Brazilian agro-industrial sector.


A Window Of Opportunity For Gmo Regulation: Achieving Food Integrity Through Cap-And-Trade Models From Climate Policy For Gmo Regulation, Gabriela Steier 2017 Food Law International LLP

A Window Of Opportunity For Gmo Regulation: Achieving Food Integrity Through Cap-And-Trade Models From Climate Policy For Gmo Regulation, Gabriela Steier

Pace Environmental Law Review

GMOs are the links of our centralized food system, largely dependent on international trade. GMOs are inherently unsustainable because they reduce biodiversity, harm the environment, and empower positive feedback loops between monocultures, industrial agriculture, and biodiversity depletion, thereby jeopardizing food safety, security, and sovereignty. Conglomerates of multi-national companies, in short BigAg, shape multi-lateral food trade and flood international markets with their small array and enormous volumes of crops, while controlling large aspects of agriculture and food production world-wide. Zooming in on the trans-Atlantic dispute about GE crops, this paper uses comparative law to explore how a cap-and-trade model borrowed from ...


The Negative Environmental Impacts Of The Animal Agriculture Industry And The U.S. Policies In Place To Protect It, Madeline M. Lewis 2017 Union College - Schenectady, NY

The Negative Environmental Impacts Of The Animal Agriculture Industry And The U.S. Policies In Place To Protect It, Madeline M. Lewis

Honors Theses

With the increase in the amount of animal agricultural mega-farms since the 1980's, the U.S. federal and state governments have set up legislation to sustain the industry and to protect its operations from being interrupted by any means. However, animal agriculture presents some dangerous environmental consequences through natural resource use, pollution, and degradation, as well as human health and animal welfare issues. Because of these harmful practices and the desire to keep them hidden from the public, activists have been working for decades to expose and challenge these practices to make people aware of the external costs associated ...


Cases, Regulations And Statutes, Robert P. Achenbach Jr. 2017 Iowa State University

Cases, Regulations And Statutes, Robert P. Achenbach Jr.

Agricultural Law Digest

No abstract provided.


Discounts For Co-Ownership Interests, Neil E. Harl 2017 Iowa State University

Discounts For Co-Ownership Interests, Neil E. Harl

Agricultural Law Digest

Over the last 30 years, substantial changes have emerged over the taxation of co-owned assets (other than joint tenancy).1 Interests in real property held as community property have been eligible for a discount in value for unmarketability of the decedent’s fractional interest, at least since 1982.2 However, discounts for undivided interests in tenancy-in-common ownership of property otherwise were rejected until fairly recently.3


Earthquakes In The Oilpatch: The Regulatory And Legal Issues Arising Out Of Oil And Gas Operation Induced Seismicity, Monika U. Ehrman 2017 University of Oklahoma College of Law

Earthquakes In The Oilpatch: The Regulatory And Legal Issues Arising Out Of Oil And Gas Operation Induced Seismicity, Monika U. Ehrman

Georgia State University Law Review

This article reviews the scientific theories and studies regarding induced seismicity, in addition to examining the current regulatory framework and litigation arising out of these seismic events. Lastly, it provides strategies to aid stakeholders and identifies challenges likely to arise in the future.

Part I of this Article provides a review of the geoscience theories regarding natural and induced seismicity. Part II reviews the current scientific literature regarding a possible relationship between certain oil and gas operations and induced seismicity. Part III reviews the existing regulatory structure addressing seismicity in affected states, including possible applicable environmental legislation. Part IV discusses ...


When Discharge Of Indebtedness Occurs In Bankruptcy, Neil Harl 2017 Iowa State University

When Discharge Of Indebtedness Occurs In Bankruptcy, Neil Harl

Neil E. Harl

The farm debt crisis of the 1980’s left numerous legacies, not the least of which is the continuing discharge of indebtedness from formal and informal resolutions of excessive debt. The various rules on when discharge of indebtedness occurs have created surprising and painful results for some taxpayers.


Single Class Of Stock In S Corporations, Neil Harl 2017 Iowa State University

Single Class Of Stock In S Corporations, Neil Harl

Neil E. Harl

Almost from the day of enactment of Subchapter S of the Internal Revenue Code in 1958, the single class of stock requirement has generated questions that have led to extensive litigation, repeated attempts to address the issues by regulation and numerous rulings in an effort to resolve the issues involved. The major area of concern has been the line between debt securities and equity interests, particularly where the debt securities represented shareholder loans.


When Discharge Of Indebtedness Occurs If The Debtor Is Not In Bankruptcy, Neil Harl 2017 Iowa State University

When Discharge Of Indebtedness Occurs If The Debtor Is Not In Bankruptcy, Neil Harl

Neil E. Harl

As was noted in the March 30, 1990 issue of Agricultural Law Digest, whether discharge of indebtedness occurs for debtors in bankruptcy depends upon the chapter of the Bankruptcy Code. For Chapter 12 debtors, discharge of indebtedness takes place upon completion of payments under the plan. For debtors not in bankruptcy, the rules for when discharge of indebtedness take place are different and the consequences are also quite different.


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