Law and Economics Commons^™

Rattlesnakes, Debt, And Arpa § 1005: The Existential Crisis Of American Black Farmers, Maia Foster, P. J. Austin

Duke Law Journal Online

No abstract provided.

Export Controls And Economic Sanctions, John Boscariol, J. Patrick Briscoe, Abigail Cotterill, Harry Dixon, Geoffrey Goodale, Sarah Oliai, Timothy O'Toole, Christopher Stagg, Lawrence Ward

The Year in Review

No abstract provided.

Draft State Legislation: Agricultural Energy Net Metering & Power Purchasing, Samuel Kessler, Austin Gabhart

Commonwealth Policy Papers

This draft legislation was first authored by Commonwealth Policy Coalition Associates Samuel Kessler and Austin Gabhart in 2018, and is now published in 2022 to provide a method of creating improved Agricultural Net Metering and Power Purchase Agreements for agriculture-based energy developments. Shortly after this time, the Commonwealth of Virginia passed similar legislation directly dealing with renewable Net Metering and eventually Power Purchase Agreements in an agricultural context. Those especially in states which do not have Renewable Energy Portfolios which may or may not entail concerns with those portfolios and stakeholders in the nonrenewable industry are urged to consider implementation ...

Draft State Legislation: "A Geographically Targeted Approach For A Preceptor Tax Incentive Using Primary Care Health Professional Shortage Areas (Hpsas)", Julia Mattingly

Commonwealth Policy Papers

This draft legislation was sponsored in the 2022 session of the KY General Assembly as HB 718.

Draft Legislation: A Novel Policy System Of Income & Refundable Property Tax Credits For Sustainable Use Of “Keystone” Stillage And Spent Grain Wastes To Stop Pollution And Surge Business Growth, Samuel Kessler

Commonwealth Policy Papers

This draft bill originally formatted by the KY Legislative Research Commission is the minimum text necessary to enact the policy described in the CPP whitepaper publication "Support New Business to Solve Old Problems with Kentucky’s Keystone Waste from Bourbon & Brewing". This publication is also known by the subtitle " A novel policy system of income & refundable property tax credits for sustainable use of Kentucky’s “keystone” wastes – stillage and spent grain - designed to stop pollution risk and surge business growth across the Commonwealth".

Any and all legislative bodies are encouraged to use the attached legislation as the basis for introducing ...

Support New Business To Solve Old Problems With Kentucky’S Keystone Waste From Bourbon & Brewing, Samuel C. Kessler

Commonwealth Policy Papers

Provided here is a policy solution from the backside of Kentucky bourbon and brewing to upcycle Kentucky’s “keystone” wastes and grow businesses in the process. Potential effects range from removing the bottleneck on bourbon production and producing GHG-friendly biogas to lowering the price of milk.This full whitepaper brief provides an incentive model for keystone wastes which have a provider and a use. It is equally applicable for policymakers or advocates wishing to place a policy incentive behind waste-to-product upcycling, businesses involved with methane sequestration & renewable biogas energy, and shifting regulatory and penalizing models of pollution into incentive model ...

A Geographically Targeted Approach For A Preceptor Tax Incentive Using Primary Care Health Professional Shortage Areas (Hpsas), Julia Mattingly, Sarah Belcher, Samuel C Kessler

Commonwealth Policy Papers

Years before the COVID-19 pandemic brought on a health care shortage in Kentucky, its rural areas were already struggling to obtain and attract primary care medical practitioners. Even though the number of medical school graduates in the U.S. has steadily increased throughout the years, there is a general disinterest in rural or small-town practice, and legislators throughout the country have pondered ways to address this issue plaguing communities. Versions of Preceptor Tax Incentive legislation in Kentucky have been proposed in the General Assembly to address care shortages in the state, however, all have been unsuccessful at truly targeting rural ...

The Meaning And Malleableness Of Liberty From 1897-1945, Quentin E. Smith

The Purdue Historian

This paper covers how the substance and meaning of liberty changed during the ending years of the Gilded Age (1870-1900) through the beginning ages of the Civil Rights Movement (1954-1968). Economic liberty took shape in the cases Allegeyer v. Louisiana (1897) and Lochner v. New York (1905). Civil liberties would take several more years to come into the Supreme Court’s jurisdiction. The case Gitlow v. New York (1925) began the establishment of incorporation of the Bill of Rights to the states, otherwise known as our fundamental liberties (note: The Supreme Court used selective incorporation, however). In the case U ...

Addressing The Next State Fiscal Crisis: Toward An Ex Ante Scheme Of Federal Assistance To States In Fiscal Distress, Omer Kimhi

BYU Law Review

Every several years, usually after a national recession, and also as a result of the C OVID 19 pandemic, states enter financial difficulties. These difficulties spur a debate, both in the political arena and in the academic literature, concerning the appropriate federal response. Some advocate for federal bailouts to rescue the distressed states, while others argue that the states need to deal with their troubles independently or with the help of state bankruptcy legislation. The Article explores the proper federal response to states’ fiscal fiscal crises.

The Article argues that the current (suggested) responses – state bankruptcy and ex-post discretionary federal ...

An Analysis Of The Suspect: The Impact Of Economic Conditions On Crime, Ryan Perez

Economics Undergraduate Honors Theses

Every place in the world experiences a level of crime within its borders, but there is much contention as to which factors lead to crime. Economic conditions, due to their association with poverty, are frequently discussed as a possible contributors to crime rates. This analysis examines four macroeconomic variables (GDP per capita, unemployment rate, inflation rate, and interest rate) and their effect on crime rates (violent, property, and total). After thoroughly reviewing the philosophical nature of crime, the current economic conditions through the lens of the selected macroeconomic variables, and the present criminal landscape throughout the United States and the ...

Immigration In Regard To Economic Labor And Reform, Will Ross, Maryella Mccown, Dylan Stone

Immigration Scholarship: History, Trends and Development in Global Immigration

In the last two presidencies, the United States economy has gone through much development regarding immigration and labor. Many key factors of growth in the economy can be identified pertaining to immigration, such as job fulfillment, innovations, and more productivity. Immigrants arrive in the United States with impressive skills that are needed for many occupations. They also run many of their own businesses and provide food and hospitality services for everyone. A common question that many US citizens wonder is “How do immigrants advantage the United States economy?” By bringing in new skills and ideas that had not been discovered ...

Walking Back The System Trope: Reimagining Incarceration And The State Through A Spatial Theory Approach, Cody Hunter

All Dissertations

This dissertation critiques the systems theory approach to incarceration policy, practice, and research and proposes a rhetorically informed spatial theory approach as an alternative. Offering a non-hierarchical complexity theory as a bridge between systems and space, I then integrate rhetorical listening as a strategy for navigating and operationalizing our proposed spatial theory approach. I then apply our proposed methodology to archival research, focusing on the South Carolina Penitentiary as a case study, and offer two heuretic experiments to explore the range of this methodology for archival research. I also explore potential applications of this rhetorically informed spatial theory approach in ...

Patents And Plants: Rethinking The Role Of International Law In Relation To The Appropriation Of Traditional Knowledge Of The Uses Of Plants (Tkup), Ikechi Mgbeoji

PhD Dissertations

Legal control and ownership of plants and traditional knowledge of the uses of plants (TKUP) is often a vexed issue, particularly at the international level because of the conflicting interests of states or groups of states in the matter. The most widely used form of juridical control of plants and TKUP is the patent system which originated in Europe. This thesis rethinks the role of international law and legal concepts, the major patent systems of the world and international agricultural research institutions as they affect legal ownership and control of plants and TKUP. The analysis is cast in various contexts ...

China's Food Pagodas: Looking Forward By Looking Back?, Yifei Li, Dale Jamieson

Journal of Food Law & Policy

In this Article we provide a close analysis of the Chinese Dietary Guidelines – the Food Pagoda. Our focus on the dietary guidelines is motivated by two main considerations. First, the guidelines represent the most comprehensive, nationwide, state sponsored effort to educate the people of China about food. Like citizens in most countries, Chinese people are presented with numerous, often competing, messages from scientists, food gurus and online influencers. The dietary guidelines are different in that they are backed by an entire suite of governmental resources for nationwide dissemination through hospitals, schools, public billboards, TV and radio ads, among others. Among ...

I Want You To Panic: Leveraging The Rhetoric Of Fear And Rage For The Future Of Food, Iselin Gambert

Journal of Food Law & Policy

"Humanity Is About to Kill 1 Million Species in a Globe-Spanning Murder-Suicide. Only 11 Years Left to Prevent Irreversible Damage from Climate Change." Doomsday headlines like these are terrifying. But are they enough to make us act? The causes of the current climate crisis are many, but the science is clear that the meat and dairy industry shoulders much of the blame. Given the role the animal agriculture industry plays in perpetuating the climate crisis, combined with the harms the industry imposes on the animals and workers within it, politicians and governments—given their degree of power and influence—should ...

The Right To Food Comes To America, Wendy Heipt

Journal of Food Law & Policy

The people of Maine recently exercised an opportunity no citizen of this country has ever had before: the ability to vote on whether to enshrine a right to food in their state constitution. This Essay provides an overview of Maine’s experience with food rights in order to explain how the state came to occupy this unique position.

France's Organisme De Défense Et De Gestion: A Model For Farmer Collective Action Through Standard Development And Brand Management, Christopher J. Bardenhagen, Philip H. Howard, Marie-Odile Noziéres-Petit

Journal of Food Law & Policy

Quality-based food production, often with a regional dimension, can provide farmers with new, value added markets. It can also provide consumers with access to place based high-quality products, and may benefit local economies through increased commerce. French Organismes de Défense et de Gestion (ODGs) illustrate a mode of quality-based agri-food business organization. ODGs focus on the development of production standards, as well as management of the intellectual property related to those standards. This mode, which is commonly used in Europe, has not often been used in the United States, despite its potential for regional food system development. The ODG mode ...

Purpose Proposals, Jill E. Fisch

Faculty Scholarship at Penn Law

Repurposing the corporation is the hot issue in corporate governance. Commentators, investors and increasingly issuers, maintain that corporations should shift their focus from maximizing profits for shareholders to generating value for a more expansive group of stakeholders. Corporations are also being called upon to address societal concerns – from climate change and voting rights to racial justice and wealth inequality.

The shareholder proposal rule, Rule 14a–8, offers one potential tool for repurposing the corporation. This Article describes the introduction of innovative proposals seeking to formalize corporate commitments to stakeholder governance. These “purpose proposals” reflect a new dynamic in the debate ...

Stewards Of The World: America & China, Grant Fuller

Helm's School of Government Conference

No abstract provided.

Liability For Non-Disclosure In Equity Financing, Albert H. Choi, Kathryn E. Spier

Law & Economics Working Papers

The paper analyzes the effects of holding firms liable for non-disclosure of material information when raising capital. We develop a model in which a privately-informed entrepreneur can choose to withhold information from prospective investors when issuing and selling stock and the investors can bring suit against the firm ex post for (alleged) non-disclosure. The damage payment received by the investors is partially offset by the reduced value of their equity stake. The analysis shows that the equilibrium depends on, among others, (1) the amount of personal capital the entrepreneur has to commit, (2) the frequency with which the entrepreneur is ...