On the Metaphysical Necessity of Suffering from Natural Evil

Why does God permit suffering in the world? If God is wholly good, omnipotent, and omniscient, why would He not intervene to prevent us from suffering? These are questions that pertain to the problem of evil: how to reconcile the existence of God with the evil occurrences of this world, without sacrificing any of His divine attributes. The most potent version of the problem of evil is a recent formulation known as the evidential argument from evil. The evidential argument states that while the existence of God is not logically incompatible with the fact that there are evil occurrences, there are particular instances of suffering that lower the probability that God exists altogether. In the most noteworthy formulation of the evidential argument, William Rowe designates these particular instances of suffering as gratuitous suffering: any sort of unnecessary or pointless suffering that a being could undergo and which serves no greater good. Rowe declares that gratuitous suffering counts as evidence against the existence of God. I intend to offer an explanatory defense of God in light of Rowe’s evidential argument from evil. I will contend that no suffering is gratuitous and that Rowe’s argument is unsound

The Incidence of Tobacco Taxation: Evidence from Geographic Micro-Level Data

This paper uses a recent increase in Wisconsin’s tobacco tax as a natural experiment to measure the economic incidence of tobacco taxation, using micro-level data on cigarette prices from retail locations in Wisconsin and states that share its border. We find that Wisconsin’s $1 tobacco tax increase was over-shifted to consumers; they pay the entire amount of the tax as well as a premium of between 8–17 cents per pack of cigarettes. We also use geo-coded data to test if the incidence of the tobacco tax is different for locations near the border of states with different tobacco taxation

Incidence and Salience of Alcohol Taxes: Do Consumers Overreact?

We use a unique, geocoded micro data set of retail prices to estimate the incidence of alcohol taxation. We estimate the pass-through of alcohol taxation employing both standard ordinary least squares (OLS) and a regression discontinuity design (RDD), using the abrupt change in excise tax occurring at state borders for identification. Our results show that sales and excise taxes on alcohol have different effects on final consumer price. Our estimates suggest that while 40 percent to 50 percent of sales taxes are passed on to consumers, excise taxes have a negative pass-through rate. Negative rates of pass-through on the excise portion of the alcohol tax are likely the result of consumers overreacting to the tax compared to how they would react to a general price increase, or that the alcohol tax is quite salient for consumers. This effect is particularly strong in areas near state borders when using the RDD estimation strategy

Survey of State Laws Governing Fees Associated with Late Payment of Rent

The Survey contains both a cumulative and detailed account of the laws of each state governing late fees and penalties associated with late payment of rent involving residential tenancies. States that impose late fee maximums vary greatly on the amount and form of the limitation—some limit the late fee to a certain percentage of the rental amount, a few states impose a dollar amount maximum, and several states impose both. Some states, rather than limiting the late fee to a certain amount, only require that the late fee be “reasonable.” Additionally, a handful of states mandate that late fees can only accrue after a certain grace period, and some states require that any late fee policy be in writing and within the lease agreement. Also, during the COVID-19 pandemic, some states instituted temporary moratoriums on late fees. The Survey begins with a detailed summary comparing each state\u27s laws in this different areas related to late fees, followed by a table outlining the relevant laws of each of the 50 states

Examination of Eviction Filings in Lancaster County, Nebraska, 2019–2021

The study examined and analyzed eviction filings and proceedings in Nebraska, with a specific focus on Lancaster County—the home to the State’s capital, Lincoln. The primary objective of this study is to place eviction proceedings under a microscope to gain a better understanding of the volume of evictions in Nebraska, and whether the statutorily mandated processes are being followed. The study also attempts to capture the impact of certain external factors present during the period examined. Such factors include the COVID-19 pandemic and various eviction moratoria in place during 2020 and 2021, as well as the increased availability of legal representation for tenants facing eviction and the influx of funding for rental assistance programs. With a population of just under 300,000, Lincoln represents an average metropolitan city, with traits typical of cities both larger and smaller. Although there are a myriad of dissimilarities and variables—such as differing demographics, policies, and culture—it is projected that many of the findings herein are mirrored in eviction courts across America. The study utilized data obtained from over 3,000 court hearings occurring in eviction actions filed between December 2019 and October 2021. The data was collected from public court records and through observations of hearings in open court. The analysis revealed that a significant number of the eviction actions were conducted unlawfully in some manner, and that fewer than ten percent of the eviction filings satisfied the minimum statutory requirements. Also apparent throughout the study was the impact of the availability of legal representation for tenants. When tenants had legal representation, the rate of unlawful evictions decreased significantly, as did the rate of evictions overall. The data further indicated that the increased presence of legal representation for tenants correlated with a decrease in frequency of law enforcement involvement in the eviction process. The study also revealed that eviction actions that did not comply with statutory requirements were nonetheless permitted to proceed to trial, and often resulted in the tenant being evicted from the home

Pre-Mortem Cryopreservation: Recognizing a Patient’s Right to Die in Order to Live

I. Introduction II. The Science of Cryonic Preservation ... A. History of Cryonics ... B. The Process ... C. Current Science ... 1. Cryobiology ... a. Successful Births with Once-Frozen Embryos ... b. If You Can Thaw a Frozen Dog ... c. Surgeries Performed during Suspended Animation ... d. Successful Revival after Three Hours of Clinical Death ... 2. Advancements in Nanotechnology ... 3. Obstacles to Overcome III. Relevant Law ... A. Laws Governing Cryonics ... B. Right to Die and Assisted Suicide ... C. States’ Interests Are Not Compelling ... 1. Interest in Preserving Life and Preventing Suicide ... 2. Interest in Maintaining Medical Ethical Standards ... 3. Interest in Protecting Vulnerable Persons and Preventing Abuse ... 4. Are There Health Care Cost Savings to Consider? IV. Conclusio

Survey of State Civil Shoplifting Statutes

Acts of shoplifting cost retailers billions of dollars each year. In an effort to reduce the frequency and economic impact of this type of theft, all 50 states and the District of Columbia have enacted civil shoplifting statutes. These statutes, which operate independently of and in addition to the respective state’s criminal statutes, provide retailers a special civil remedy against individuals who shoplift from their stores. Most civil shoplifting statutes permit a retailer to recover from the shoplifter not only the actual damages suffered as a result of the incident of shoplifting, but also a substantial civil penalty. In Mississippi, for instance, a retailer is entitled to recover actual damages incurred (e.g., the cost of replacing the item stolen), plus a civil penalty of three times the value of the item, or up to $200, whichever is greater. The additional civil penalty is meant to reimburse the retailer for general overhead costs associated with its loss prevention program. The theory is that the shoplifter, as opposed to the retailer or its paying customers, should bear responsibility for the costs associated with shoplifting. In the adoption of these statutes, many states sought to decriminalize shoplifting by providing retailers an alternative to criminal prosecution as a means to restitution. In practice, however, most large retailers pursue criminal charges and a civil remedy. Retailers rarely file suit to collect under the civil shoplifting statute, but instead rely on the statute as authority for demanding money from shoplifters through a series of demand letters. Often, these letters are sent while the criminal charges are pending, leading many recipients to believe payment will result in the charges being dismissed, which it will not. Many merchants engage the services of independent collection firms to harvest civil penalties from those accused of shoplifting. One such firm, which represents several large retailers, reported sending over 1 million civil demand letters a year. While civil shoplifting statutes have developed into lucrative profit centers for retailers and collection firms, there is little evidence to indicate they have had any positive impact on reducing incidents of shoplifting, stabilizing the price of consumer goods, or decriminalizing acts of petty theft. Critics argue the statutes unfairly subject shoplifters to two penalties for the same offense: a criminal penalty paid to the state, and a second penalty paid to the retailer. Others have scrutinized the proportionality of the amount demanded compared to the actual direct damage incurred. In most states, a stolen candy bar can result in a civil penalty of over$100, in addition to any criminal penalty imposed by the state. Furthering this criticism is the fact that many states allow for a substantial civil penalty even when the item is immediately returned to the shelf in merchantable condition. Some scholars have also expressed concern that the statutes unfavorably impact the poor. Although a number of common themes can be identified among state civil shoplifting statutes, no two statutes are the same. This chapter provides and compares the significant components of each state’s statute, specifically as it pertains to 1) actual damages recoverable, 2) additional penalties, 3) attorney’s fees, 4) pre-suit demand letters, and 5) the impact of a conviction on a retailer’s ability to recover a civil remedy under the statute

The Development of Polyamines throughout Brassica rapa over its Lifecycle

Polyamines are naturally produced chemicals in plants involved in growth, development and stress response. The primary objective of my study is to create a profile of changes in the entire life of the plant, in every organ at all stages of development from seed germination to seed formation. We have analyzed polyamines putrescine, spermidine and spermine in all parts of Brassica rapa, a small, rapid growing plant. Parallel to the polyamines, we will also study changes in the activities of the polyamine biosynthetic enzymes and the expression of their genes in different organs at different times. In the next stage of the study, the expression of selected genes will be inhibited by RNAi constructs, allowing further analysis of their role in growth and stress response. Because polyamines play are important in development and lifecycle of plants, altering their presence may be useful in altering plant growth patterns, such as in seasonal crops

Civil Shoplifting Statutes by State

What follows is a collection of state statutes that provide merchants a civil remedy against individuals accused of shoplifting. For additional information on civil shoplifting statutes see: National Survey of State Laws, http://heinonline.org/HOL/Index?collection=nssl, search: Civil Shoplifting Statutes Ryan P. Sullivan, et al., Stolen Profits: Civil Shoplifting Demands and the Misuse of NEB. REV. STAT. § 25-21,194, Neb. L. Rev. (forthcoming August 2016) This collection of state shoplifting statutes was last updated February 8, 2016