+Berkeley Electronic Press (bePress), Hurricane Katrina and Economic Loss (provided by: Berkeley Electronic Press)
Disasters & the Law
UC Berkeley School of Law
7 entriesexpand all
+Fleischer, Miranda Perry, University of Illinois College of Law, Why Limit Charity? (provided by: SSRN) (U Illinois Law & Economics Research Paper No. LE07-020) (June 2007)
"In the wake of Hurricane Katrina, Congress temporarily lifted one of the most puzzling limits in the tax Code: the cap that prevents an individual from claiming a charitable deduction greater than 50% of her income, even if she gives more than half her income to charity. Although scholars often criticize the cap in passing for creating unnecessary complexity, few have explored its theoretical underpinnings, and those who have appear hard-pressed to find a satisfactory justification.
"This Article fills that void by proposing two complementary explanations for the AGI limits, one grounded in economic theory and one in political philosophy. The economic explanation proceeds directly from the literature conceptualizing the charitable deduction as a way of overcoming market and government failure for various public goods by spurring non-profits to produce them. It suggests that the AGI limits reflect a bargain between individuals whose preferred public goods are fully funded by the government and those whose projects are only partially subsidized. The philosophical explanation is anchored by the idea of reciprocity inherent in liberal democratic theory. It argues that allowing some individuals to pay no taxes, even if supporting a 'good' cause, is tantamount to allowing them to opt out of a previously agreed-to scheme of cooperation and undermines the stability of our democratic society."—Abstract.
+Fong, Christina M. & Erzo F.P. Luttmer, What Determines Giving to Hurricane Katrina Victims? Experimental Evidence on Income, Race, and Fairness (Harvard University, John F. Kennedy School of Government, Faculty Research Working Paper Series, no. RWP07-032) (July 2007)
+Inniss, Lolita Buckner, A Domestic Right of Return? Race, Rights, and Residency in New Orleans in the Aftermath of Hurricane Katrina (provided by: SSRN) (Cleveland-Marshall Legal Studies Paper No. 07-143) (Boston College Third World Law Journal, Vol. 27, p. 1, 2007)
+United States Department of Homeland Security (DHS), Office of Inspector General, Special Transient Accommodations Program For the Evacuees From Hurricanes Katrina and Rita (OIG-07-31) (February 2007) (PDF — 280K)
+United States District Court for the District of Columbia, Association of Community Organizations for Reform Now (ACORN), et al. v. Federal Emergency Management Agency (FEMA) (06cv1521 (RJL)) (November 29, 2006) (PDF — 772K)
+United States Government Accountability Office (GAO), Hurricanes Katrina and Rita Disaster Relief: Continued Findings of Fraud, Waste, and Abuse (Report to the Committee on Homeland Security and Governmental Affairs, U.S. Senate, no. GAO-07-300) (March 2007) (PDF — 2.32M)
"In our December 6, 2006, testimony, GAO stated that FEMA made tens of millions of dollars of potentially improper and/or fraudulent payments associated with both hurricanes Katrina and Rita. These payments include $17 million in rental assistance paid to individuals to whom FEMA had already provided free housing through trailers or apartments. In one case, FEMA provided free housing to 10 individuals in apartments in Plano, Texas, while at the same time it sent these individuals $46,000 to cover out-of-pocket housing expenses. In addition, several of these individuals certified to FEMA that they needed rental assistance.
"FEMA made nearly $20 million in duplicate payments to thousands of individuals who claimed damages to the same property from both hurricanes Katrina and Rita. FEMA also made millions in potentially improper and/or fraudulent payments to nonqualified aliens who were not eligible for [FEMA's Individuals and Households Program]. For example, FEMA paid at least $3 million to more than 500 ineligible foreign students at four universities in the affected areas. This amount likely understates the total payments to ineligible foreign students because it does not cover all colleges and universities in the area. FEMA also provided potentially improper and/or fraudulent IHP assistance to other ineligible non-U.S. residents, despite having documentation indicating their ineligibility.
"Finally, FEMA's difficulties in identifying and collecting improper payments further emphasized the importance of implementing an effective fraud, waste, and abuse prevention system. For example, GAO previously estimated improper and potentially fraudulent payments related to the IHP application process to be $1 billion through February 2006. As of November 2006, FEMA identified about $290 million in overpayments and collected about $7 million."—What GAO Found.