21st Amendment Research Articles

Ratification and Accession to Treaties Under 21st Amendment to the Sri Lankan Constitution

Ratification and Accession to Treaties Under 21st Amendment to the Sri Lankan Constitution

La Maison Des Comptables: A Tax Research, Data Management, and Data Visualization Case

ABSTRACT This teaching case integrates the tax and accounting information systems curricula to help students apply research-based outcomes to critical business processes. The setting involves sales and excise tax compliance for out-of-state alcohol shipments, a complex context given the variation between state laws and nuances in the application of general tax rules created by the 21st amendment. The various case components require students to research state tax law, employ data management techniques to apply those laws to a large dataset, and create data visualizations to aid managers with business decision-making. Components of the case can be implemented concurrently or sequentially across multiple courses in the accounting curriculum or as a stand-alone case in a single course. Requiring students to identify and apply tax law across multiple courses helps students see through individual course silos and understand how various accounting disciplines are interconnected. JEL Classifications: M49; M41.

An Assessment of Right to Fair Trial Under the Constitution of Pakistan, 1973: A Comparative Study of the US and Pakistan

Right to fair trial is considered as the basic right affirmed by Islam and recognised by different international documents i.e., ICCPR, UDHR, etc. In Pakistan, the notion of fair trial has been incorporated through Article 10-A through 18th constitutional amendment. The two amendments were made in the US Constitution in 18th and 19th century i.e., 6th and 14th amendments which safeguards right to speedy trial, impartial jury, public trial and equal protection of law. The Investigation for Fair Trial Act, 2013, permits the use of new methods in collection of evidence and also bridles arbitrary powers from being used. However, being dissimilar to the essence of the Constitution, 21st Amendment was made to adopt Pakistan Army Act, 2015 in order to control the extremism. The key purpose of the article is to assess how far the efforts for the enforcement of right to fair trial in Pakistan are sufficient?

Regulating Vice: What the U.S. Marijuana Industry Can Learn From State Governance of Sports Gambling

The United States has long been a country of prohibitions, with the most memorable prohibition in American history being the ban on alcohol sales in 1920, which lasted until the ratification of the 21st Amendment to the U.S. Constitution. While the federal ban on alcohol has long since been abolished, the United States has continued to maintain the rudiments of its federal bans on both marijuana and sports betting, even though the primary beneficiaries of both of these bans has been organized criminal syndicates that have garnered near monopolies over these industries. While somewhat different from the alcohol ban of the 1920s, there are many similarities between today’s bans of both marijuana and sports betting. For instance, the U.S. Supreme Court’s decision in Murphy v. National Collegiate Athletic Association, which allowed states to legalize and regulate sports betting, catapulted the regulation of sports betting into the national spotlight, alongside marijuana. At the same time, however, there are also a few important distinctions — most notably that the federal Controlled Substances Act (CSA) classifies marijuana as a prohibited substance, whereas federal law classifies sports betting somewhat less harshly. Since the U.S. Supreme Court’s May 2018 Murphy decision, more than 35 states have introduced legislation to legalize sports betting, with 19 states successfully passing laws in the first 18 months since the Court’s Murphy decision. Likewise, medical marijuana is currently legal in 33 states, and recreational marijuana is permitted in 11 states. Nevertheless, in spite of the growing state-level legality of both marijuana and sports gambling, the exuberance for sports gambling by entities like banks and institutional investors has surpassed the marijuana industry despite the marijuana industry having a significant head start. This Article explores why sports gambling has been widely accepted and led banks and financial institutions to take risks that they have not been willing to take for the marijuana industry. It also explores best practices adopted by the sports gambling industry that the marijuana industry may be able to emulate to garner broader legal acceptance.

The Impact of Abusive Constitutionalism on Democracy in Pakistan

This research concerns the constitutional development in Pakistan with a specific reference to 21st Amendment to the Constitution of Pakistan. It is widely perceived among scholarly and semi-scholarly circles that the tendency of militarys direct intervention in politics; toppling democratically elected government has been declined for the last many decades across the world. According to the new trends, military interferes in the state affairs through indirect means. One of the indirect means includes abusive constitutionalism that involves constitutional amendment and constitutional replacement as mechanisms for constitutional change. The paper explores whether 21st Amendment to Constitution of Pakistan was an abusive constitutionalism that really empowered military to get a strong hold on key policy making areas of national interest during the democratic rule. The research concludes that the 21st Amendment was an abusive constitutionalism as it curtailed civil liberties and fundamental rights of the citizens and hence undermined democracy in Pakistan.

Hold Your Liquor: NBC and Alcohol Advertising after Prohibition

This research provides context for controversy surrounding alcohol advertising policy in the United States, examining the National Broadcasting Company’s (NBC) policy on liquor advertising following the ratification of the 21st Amendment in 1933. Until the repeal of Prohibition, alcohol advertising had not been considered in the United States, giving broadcasters a new frontier to explore during radio’s golden age. This paper examines original inter-office memos illustrating the dialogue between NBC executives from 1932 to 1939 about whether or not to accept advertising accounts for alcoholic beverages. Out of respect for public interest, NBC ultimately decided against airing alcohol advertisements.

Punishing Terrorists: Military Courts and Public Opinion in Pakistan

Terrorism is one of the menaces that inflicted huge human losses to the state and society of Pakistan. On December 16, 2014, the brazen attack on the Army Public School (APS) in Peshawar killed 141, including 132 children and nine members of the school staff. In reaction, on January 7, 2015, the government adopted the 21st amendment to the Constitution of Pakistan, which entailed the establishment of military courts to punish the terrorists and their facilitators. This study gauges the opinion of young students towards this new counter-terrorism policy. The results suggest two outcomes: firstly, the public admits that terrorism is one of their main problems and secondly, there is an ethnically diverse view on the military-led public policy to curb terrorism.

Constitutional Choices: The Ratification of the Twenty-First Amendment through State Conventions

The factors that weigh into the choices groups make about pursuing their policy goals legislatively, administratively, or judicially is a matter of great scholarly debate. The 21st Amendment, which repealed the eighteenth amendment and is the only amendment ratified by state conventions, offers a unique opportunity to determine why groups and politicians chose that method of ratification. In this paper, I trace the evolution of the 18th and 21st Amendments. What factors led to the decision to choose the state convention path? It especially matters because the decision to ratify the constitution through the 21st Amendment has affected alcohol policy throughout the states (through the uneven development of the beverage industries and beverage distribution politics) and has implications for the normative debate over whether the US is in need of a Constitutional Convention.

Support for Repealing Prohibition: An Analysis of State‐Wide Referenda on Ratifying the 21st Amendment

ObjectivesThe 21st Amendment to the U.S. Constitution repealing national prohibition is the only amendment ratified by state conventions rather than state legislatures. The referenda held to select delegates for these conventions offer a promising source of data for identifying determinants of support for prohibition repeal.MethodsWe use various proxy measures to determine the importance of economic, political, and demographic forces in motivating support for electing pro‐repeal delegate slates to state ratifying conventions.ResultsUrbanization, per‐capita income, percentage of Catholics, and support for the Democratic Party were correlated with support for prohibition repeal. Neither the percentage of evangelical denominations, gender distribution, nor foreign‐born population appeared to significantly influence referenda returns.ConclusionsThis study confirms the conventional understanding regarding Catholic opposition to prohibition and higher income areas’ support for repeal. The findings also indicate that congressional backers of repeal were correct in calculating that submitting the 21st Amendment to popularly elected state conventions, rather than rural‐dominated state legislatures, would improve the chances of ratification. Moreover, support for repeal among Democratic congressmembers and party leaders appears to have extended to rank‐and‐file Democratic voters as well.

Rational Irrationality and the Political Process of Repeal: The Women's Organization for National Prohibition Reform and the 21st Amendment

SummaryThe theory of rational irrationality suggests that voters are biased and do not face sufficient incentives to choose rationally; instead they vote for various private reasons. As a result, socially and economically destructive policies can receive widespread public support. Furthermore, because there is no private benefit of learning from experience, such policies can persist over time. We argue here that despite this otherwise dismal outlook on public policy, the theory of rational irrationality leaves two avenues for economically sensible reform: First, when the ex post costs of irrationality are higher than expected, rationally irrational voters will reduce their consumption of irrationality and demand more rational policies. Second, rationally irrational voters can be convinced to rationally update their policy preferences through the use of appealing rhetoric and persuasion by experts. We discuss these two avenues for reform using the example of the repeal of the 18th amendment, which, as we will show, relied on both updating as well as persuasive campaigning.

Alcohol, antitrust, and the 21st Amendment: An empirical examination of post and hold laws

The 21st Amendment repealed prohibition, but granted the states broad power to regulate the distribution and sale of alcohol to consumers within their borders. Pursuant to this authority, states have established a complex web of regulations that limit the ability of beer, wine, and liquor producers to control the distribution of their product. From a consumer welfare perspective, one of the most potentially harmful state alcohol distribution regulations are “post and hold” laws (“PH laws”). PH laws require that alcohol distributors share future prices with rivals by “posting” them in advance, and then “hold” these prices for a specified period of time. Economic theory would suggest that PH laws reduce unilateral incentives for distributors to reduce prices and may facilitate tacit or explicit collusion, both to the detriment of consumers. Consistent with economic theory, we show that the PH laws reduce consumption by 2–8%. We also test whether, by reducing consumption, PH laws provide offsetting societal benefits in the form of reducing drunk driving accidents and underage drinking. We find no measurable relationship between PH laws and these social harms. These results suggest a socially beneficial role for antitrust challenges to PH laws and similar anticompetitive state regulation. If states wish to reduce the social ills associated with drinking, our results also suggest that directly targeting social harms with zero tolerance laws and lower drunk driving thresholds are superior policy instruments to PH laws.

Social and economic control of alcohol: the 21st Amendment in the 21st century

As a toast to success, a drowning of sorrows, a rite of passage, and the fuel for most social activities, alcohol plays a central role in our culture. Alcohol generates nearly $160 billion in US revenues annually and is a major source of tax revenue, making the stakes in the modern debate over its use, misuse, and regulation staggeringly high. Factor in the costs of alcohol-related illness and addiction, alcohol-related deaths, evolving social mores, legal precedents, and increasingly aggressive advertising and marketing and an already controversial subject becomes a heated, vigorous, and complicated battle. Synthesizing the divergent, interdisciplinary perspectives on alcohol sales, regulation, and consumption into a cohesive whole, Social and Economic Control of Alcohol: The 21st Amendment in the 21st Century draws on the expertise of key academic and legal figures to become the seminal volume in this burgeoning field of inquiry. Amidst a rapidly changing milieu of regulations, cultures, and emotions, it objectively re-examines issues surrounding the regulation and sale of alcohol with unparalleled breadth, depth, and unbiased focus. The book examines the foundation and basis for our current regulatory policy and how that foundation has shifted dramatically with changes in the law, marketing, consumer influence, and the impact of alcohol on society. With strong and relevant comparisons to historical studies and evaluations of past legislation, this book presents a critical analysis and definition of concepts and applications regarding alcohol control. Double-blind, peer-reviewed contributions outline specific concerns related to the development of new laws and policies, and consider how those policies may affect individuals, organizations, law, and society in general. Highlighting current findings and trends, this volume allows for a better understanding of the potential correlation and causal relationship between regulation, sales, and consumption patterns.

Wine Wars: The 21st Amendment and Discriminatory Bans to Direct Shipment of Wine

This is actually a series of posts from the Volokh Conspiracy weblog that discusses the policy and constitutional issues surrounding a question that the Supreme Court will hear this term, whether discriminatory barriers to the interstate direct shipment of wine are constitutional. Because of the timeliness of the issue, the is presented in this unusual and informal format so as to be available to the public more rapidly than through the traditional law review format. This essay reviews the historical evidence and ratification history of the 21st Amendment, and concludes that the answer is unambiguously no. The purpose of the 21st Amendment was to the 18th Amendment's disastrous experiment with federal Prohibition, and thereby to restore the balance between state and federal power that had existed prior to the 18th Amendment. It did this in two ways. First, Section 1 of the Amendment repealed Prohibition, restoring to the States their exclusive police power authority to regulate the local sale and distribution of alcohol. Second, Section 2 of the Amendment constitutionalized certain federal laws that allowed the States to enforce their police power on equal terms against alcohol shipped in interstate commerce as against alcohol manufactured or sold within the State. Section 2's purpose was to nullify a line of Supreme Court decisions that compelled some States to reverse discriminate in favor of out-of-state vendors. As a result, the 21st Amendment removed the federal government from meddling in local affairs, but did not cede a novel and unnecessary power to the States to meddle in the federal government's traditional control over interstate commerce. In other words, the 21st Amendment enabled dry States to remain dry if they so chose, but it did not empower wet states to engage in economic warfare against the products of other wet States.

Politics, Economics, and the Regulation of Direct Interstate Shipping in the Wine Industry

In 1986, the State of California passed legislation restricting the direct importation of wine from another state by California residents unless the originating state allowed the reciprocal privilege of direct shipment from California wineries to residents in that state. This proved to be the opening salvo in a series of legislative and judicial battles across the country. State direct shipment regulations that were uniform across 47 of the 50 states prior to 1986 now constitute a patchwork of regulations. This raises unique interstate trade questions due to the special treatment of alcohol in the U.S. Constitution. While the Commerce Clause forbids states from discriminating against interstate commerce, the 21st Amendment affords states the right to regulate alcohol within their borders. Courts are divided in their opinions on direct shipment regulation; some find that prohibiting direct shipment unconstitutionally restricts interstate commerce while others find the regulations consistent with the public interest rationale of the 21st Amendment. This paper attempts to shed light on the motivations for the various forms of regulation adopted across states in response to California's adoption of reciprocity. Using a competing risks hazard model, we examine how various economic and public interest factors affect the likelihood that a state adopts a change in its direct shipment regulation and that nature of that change. Our results suggest that private and public sector economic considerations lie at the root of direct shipment regulations in the wine industry.

Drinking, Driving, and Deterrence: The Effectiveness and Social Costs of Alternative Policies

TRAFFIC accidents are one of the leading causes of death in the United States and are the leading cause of death for people aged three to thirtyfour. It is estimated that alcohol is involved in approximately half of all fatal accidents.' The deaths and injuries of nondrinking drivers, passengers, and pedestrians both arouse public opinion and provide a clear-cut efficiency rationale for policies to correct the negative externalities.2 There are two types of policies aimed at reducing drunk driving. The first type of law attempts to deter drunk driving. The second type of law indirectly reduces drunk driving by controlling alcohol consumption, either in general or in high-risk groups. Examples of alcohol control policies

Effects of Alcoholic Beverage Prices and Legal Drinking Ages on Youth Alcohol Use

Based on an analysis of the second National Health and Nutrition Examination Survey, conducted between 1976 and 1980, we find that the frequency of the consumption of beer, the most popular alcoholic beverage among youths, is inversely related to the real price of beer and to the minimum legal age for its purchase and consumption. The negative price and legal drinking age effects are by no means limited to reductions in the fraction of youths who consume beer infrequently (less than once a week). Instead, the fractions of youths who consume beer fairly frequently (1-3times a week) and frequently (4-7 times a week) fall more in absolute or percentage terms than the fraction of infrequent drinkers when price or the drinking age rises. These are striking findings because frequent and fairly frequent drinkers are likely to be responsible for a large percentage of youth motor vehicle accidents and deaths. Simulations suggest that, if reductions in youth alcohol use and abuse are desired, both a uniform drinking age of 21 and an increase in the Federal excise tax rate on beer are effective policies to accomplish this goal. They also suggest that the tax policy may be more potent than the drinking age policy.

Beer Taxes, the Legal Drinking Age, and Youth Motor Vehicle Fatalities

The responsiveness of motor vehicle death rates of youths aged fifteen through twenty-four to variations in the cost of beers as reflected by differences in State excise tax rates on beer is investigated. Evidence for this age group is provided on the extent to which declining real beer excise taxes have contributed to increases in fatal motor vehicle crashes and on the extent to which increases in real beer taxes can serve as a potent instrument in the antidrinking campaign. The effect of an increase in the legal drinking age on youth motor vehicle deaths is also examined.

Constitutional Law. Interstate Commerce. A. B. C. Board's Regulation of Transportation of Intoxicating Liquor Through Virginia Having Both Out-of-State Consignor and Consignee Valid within 21st Amendment

Constitutional Law. Interstate Commerce. A. B. C. Board's Regulation of Transportation of Intoxicating Liquor Through Virginia Having Both Out-of-State Consignor and Consignee Valid within 21st Amendment