Regional Efforts Legal Resource Materials

Entrepreneurship Law Editorial Team

Books

Mike Danson, SMALL FIRM FORMATION AND REGIONAL ECONOMIC DEVELOPMENT (1996).

Abstract : This work examines the role of new firm formation in regional economic development. While the focus is on Scotland, the strong policy orientation and comparative treatment mean that the issues covered have a much wider application and interest.

Handbook of Research on Entrepreneurship Policies in Central and Eastern Europe (Friederike Welter & David Smallbone eds., 2011).

Abstract (adapted from publisher): This Handbook explores the role of government in the development of entrepreneurship in countries where twenty years ago private enterprise was illegal or barely tolerated. The expert contributors reveal that government policy is one of the key influences on the external environment in which businesses develop, particularly in countries where it has been necessary to redefine the role of the state in relation to business development. They outline how government policy can also act as an enabling and/or a constraining force with respect to entrepreneurship development, particularly in relation to institutional change and the development of a market-based economy. This Handbook includes up-to-date information and analysis as to how entrepreneurship policies have evolved in the wider Europe, focusing on the challenges that arise in designing and implementing entrepreneurship policy.

Articles

Alicia Alvarez, Community Development Clinics: What Does Poverty Have to Do with Them, 34 Fordham Urb. L.J. 1269 (2007).

Abstract:  This Essay advocates for a more explicit link between the work of community economic development clinics and efforts to eliminate poverty. Community development clinics need to do more than teach students to be good transactional lawyers--rather they must also acknowledge and focus their efforts on the elimination and reduction of poverty. I begin by briefly discussing poverty lawyering and then situate community development in the context of poverty lawyering. I then highlight critiques of the traditional poverty and community development lawyering. I conclude with some thoughts on how better to connect anti-poverty strategies and community development clinics and lawyering, while addressing some of the critiques of community development lawyering.

Claudia Alvarez & David Urbano, Environmental Factors and Entrepreneurial Activity in Latin America, 48 Academia Revista Latinoamericana de Administración 126 (2011), also available at http://ssrn.com/abstract=1974138.

Abstract (from authors): The main purpose of this paper is to analyze the influence of environmental factors on entrepreneurial activity, focusing on Latin America, and using the institutional approach as theoretical framework. Through a panel data model with information from the Global Entrepreneurship Monitor and Doing Business, the authors demonstrate that informal institutions, such as political stability, control of corruption and role models are related to the entrepreneurial activity. Likewise, contrary to the expected results, formal institutions, such as procedures and time for starting a new business, and business and entrepreneurial skills, do not have a significant influence on entrepreneurship in Latin American countries.

Peter Blanck, Leonard A. Sandler, James L. Schmeling, & Helen A. Schartz, The Emerging Workforce of Entrepreneurs with Disabilities:  Preliminary Study of Entrepreneurship in Iowa, 85 Iowa L. Rev. 1583 (2000).

Abstract: This article explores one point in the continuum of employment activities of persons with disabilities--selfemployment and entrepreneurial activity. The investigation examines how selfemployment expands employment opportunities and improves quality of life for people with disabilities in Iowa.  Part of a series of articles.

Braving the Waters: a Guide for Tennessee's Aspiring Entrepreneurs, 9 Transactions: Tenn. J. Bus. L. 367 (2008).

Abstract:  This article provides a broad overview of the various topics relevant to a new entrepreneur doing business in Tennessee.

Elin Cohen, Doing Business Under The Hot Sun: How Small Firms Do Business and Process Conflicts in Kenya, 11 Chi.-Kent J. Int'l & Comp. L. 1 (2011).

Abstract (from author): Considerable amounts of money have been spent on reform projects aiming to strengthen institutions supporting business transactions in developing countries. To be able to evaluate the type and extent of reforms needed, this article presents a thick description of business practices among smaller businesses in Nyanza Province, Kenya. Entrepreneurs in developing countries form long-term relational contracts with a very limited number of suppliers, with whom disputes are rare and generally resolved without third party involvement. However, when entrepreneurs are unable to rely upon relational contracts with their customers, disputes are common and often remain unresolved. Due to the limited availability of suitable fora, firms are cautious to expose themselves to riskier transactions. Private mediation options have emerged in certain locations, but have, at present, limited reach. This article expands our understanding of business practices among smaller businesses in Africa and highlights institutional gaps, which if addressed, could prevent disagreements and facilitate dispute processing.

Scott L. Cummings, Recentralization: Community Economic Development and the Case for Regionalism, 8 J. Small & Emerging Bus. L. 131 (2004).

Abstract:  Community economic development’s commitment to local empowerment reflects the broad movement against centralized political decision making in American politics. Yet, while it has many virtues, the empowerment orientation of community economic development poses challenges to the goal of distributive justice. In particular, by advancing an inward-focused notion of community that largely ignores the macro-level political structures that shape neighborhood development dynamics, community economic development does not directly respond to the most significant barriers to greater urban equality: government-sponsored jurisdictional divisions that confine poor communities within municipalities that are overburdened by social service demands and under-funded by tax revenues. As an alternative to the dominant localist approach, this Article suggests that distributive justice goals would be better served if community economic development policy and practice were informed by a regionalism perspective. This Article sketches the outlines of what a regionalism approach might look like, describing regional policy initiatives in the areas of affordable housing and economic development, and offering examples of grassroots advocacy strategies that adopt a regional focus. It concludes with a preliminary accounting of the challenges to community economic development presented by regionalism and offers some tentative responses.

Tom Eikenberry, A Tennessee Seed Capital Qualified Investment Tax Credit: A Survey and Concrete Proposal for Legislative Action, 4 Transactions 105 (2003).

Abstract (from author): The components of today's "vibrant and prosperous" economy are "fundamentally different from those of the past." Specifically, a "New Economy" has developed and is generally characterized as a "movement from a tangible-asset to an intangible [-] asset-based economy." Today, "knowledge-driven innovation, science, and technology are critical to job and wealth creation," and "capital, particularly seed and venture capital, is critical to fuel the new businesses that will drive" state economies.

Sara A. Faherty, Preface: Financing the Next Generation of Community Development, 12 J. Affordable Hous. & Cmty. Dev. L. 278 (2002-2003).

Brian Glick & Matthew Rossman, Neighborhood Legal Services as House Counsel to Community-Based Efforts to Achieve Economic Justice: The East Brooklyn Experience, 23 N.Y.U. Rev. L. & Soc. Change 105 (1997).

David Goodman, Holly N. Mancl, Kristy L. Rice & Allison A. Weimer, Braving the Waters: A Guide for Tennessee's Aspiring Entrepreneurs: 4th Edition, 9 Transactions 367 (2008).

Abstract (from authors): According to 2004 U.S. census data, approximately 19.5 million people in the United States are self-employed. These entrepreneurs own businesses ranging from home childcare businesses to international consulting businesses. If you are interested in starting your own business or buying a franchise or existing business, this Article will help you get started and point you in the direction of more specific advice.

David H. Hu, Seed Capital is Not Enough: Lessons from Hawai'i's Attempt to Develop a High-Technology Sector, 30 Haw. L. Rev. 401 (2008).

Abstract: This article examines Hawai'i's one-hundred percent tax credit program for investors in qualified high-technology businesses ("QHTBs"). Part II examines how Act 221/215 works and presents arguments for and against its effectiveness in developing a high-technology sector. Part III describes ways in which Hawai'i can improve its efforts to develop a strong high-technology industry. It proposes that Hawai'i lower Act 221/215's one-hundred percent tax credit and introduce a policy limiting the amount of available credits. This section further recommends that because Act 221/215's main focus is to create research and development and seed capital, it should be supported by a government program that generates venture capital. It argues that there is a venture capital funding gap and companies started under Act 221/215 have a high likelihood of leaving Hawai'i in search of this venture capital. Finally, this section suggests that Hawai'i take a long-term perspective in developing its high- technology sector and work toward finding its niche within the global high-technology economy. Part IV concludes that while, in implementing Act 221/215, Hawai'i has taken the initial step to develop a high-technology sector, many more steps are needed.

William C. Kennedy, Gary F. Smith & R. Mona Tawatao, Cultural Changes and Community Economic Development Initiatives in Legal Services: What Happened in Two Programs, 33 Clearinghouse Rev. 440 (1999-2000).

Abstract:  William Kennedy, Gary Smith, and R. Mona Tawatao, all attorneys at LSC-funded Legal Services of Northern California (LSNC), argue that “devastating reductions in federal legal services funding, the substantive and practical restrictions imposed upon the advocacy of federally funded legal services programs, and local legislation targeting poor clients … have permanently transformed the poverty law landscape.” The authors assert that federally-funded legal services programs should collaborate with private lawyers to provide assistance to community-based organizations and development corporations working to stimulate economic and community-building in low-income neighborhoods. The authors point to LSNC and LSC-funded San Fernando Valley Legal Services as exemplifying the benefits of this work.

Milton Kotler, The Politics of Community Economic Development, 36 Law & Contemp. Probs. 3 (1971).

Laurie A. Morin, Legal Services Attorneys as Partners in Community Economic Development: Creating Wealth for Poor Communities through Cooperative Economics, 5 D.C. L. Rev. 125 (2000).

Peter Pitegoff, Law School Initiatives in Housing and Community Development, 4 B.U. Pub. Int. L.J. 275 (1994-1995).

Abstract:  This article discusses the role of law school clinical programs in developing lawyering strategies that emphasize non-litigation approaches to public interest law and problem solving.

Ben Quinones, Serving Clients in New Ways: Community Economic Development - CED on the Job, 27 Clearinghouse Rev. 773 (1993-1994).

David M.G. Ross, Leveraging Federal Programs to Boost Local Innovation and Encourage Venture Capital Investment: Considering the Small Business Innovation Development Act and Derivative State-level Incentives, with Specific Implications for Innovators and Legislators in Louisiana and the Southern States, 11 Tul. J. Tech. & Intell. Prop. 115 (2008).

Abstract:  Article describes the Small Business Innovation Development Act and surveys scholarly analysis of the Act. The article also surveys state statutes that specifically target beneficiaries of the Act, and explores the methods by which various states seek to either promote local businesses to apply for the program, or attract out-of-state recipients of the grants to move into the state. As a case study, the article considers the application of an SBIR-based innovation incentive as a means to redevelop the economies of the State of Louisiana and the City of New Orleans.

Mario Salgado, Building a Community Economic Development Unit, 28 Clearinghouse Rev. 981 (1994-1995).

Richard C. Schragger, Mobile Capital, Local Economic Regulation, and the Democratic City, 123 Harv. L. Rev. 482 (2009).

Abstract (from author): This Article examines local efforts to regulate mobile capital. Despite the conventional wisdom that subnational governments cannot effectively control or redistribute capital, cities have increasingly sought to do just that. This Article describes these efforts, which include putting conditions on the entry of development dollars through contract, excluding capital through anti-chain and anti-big box store laws, and redistributing from capital to labor through local minimum wage laws and other labor-friendly legislation. The Article describes the economic and political factors that have given rise to these local regulatory efforts and assesses the viability of local regulation of mobile capital. In the course of doing so, I argue that the mobility of capital drives a set of local political pathologies, all of which revolve around the governmental promotion of, participation in, and subsidization of private commercial enterprise. Geographically fixed cities are inclined both to give too much away in trying to attract mobile capital and to extract too much from capital once it has become fixed in place. These two political problems--giveaways and exploitation--explain the historical development of local government law as well as current approaches to the division of labor among city, state, and federal levels of government. The new “regulatory localism” challenges the proposition that industrial policy, redistribution, and other responses to global economic restructuring must be addressed at the national level. It also challenges the proposition that local economic development policies must necessarily be biased in favor of corporate capital.

 Michael B. Sichter, Note, Pumping Up America: Using The EB-5 Visa To Inject Entrepreneurial Steroids Into A Struggling U.S. Economy, 79 UMKC L. Rev. 1007 (2011).

Abstract (adapted from author): This article closely examines the EB-5 visa as it was originally created, and the practical reality of how it is currently administered and adjudicated. It provides a description and background of EB-5 visas, then outlines the basic procedure for application. It then describes many of the practical considerations, including precedent court decisions, that practitioners must take into account during the application process and points out the commonly encountered problems with EB-5 visas. It ends with policy arguments for change and suggestions for improvements.

William H. Simon, Lawyers and Community Economic Development, 95 Cal. L. Rev. 1821 (2007).

Mark C. Suchman & Mia L. Cahill, The Hired Gun as a Facilitator: Lawyers and the Suppression of Business Disputes in Silicon Valley, 21 Law & Soc. Inquiry 679 (1996).

Online Resources

Matthieu Chemin, The Impact of the Judiciary on Entrepreneurship: Evaluation of Pakistan's Access to Justice Programme (2007).
http://www.cirpee.org/fileadmin/documents/Cahiers_2007/CIRPEE07-27.pdf

Abstract:  A key element of government is to uphold law and order. This paper will evaluate the impact of slow judiciaries on entrepreneurship. In 2002 a judicial reform was implemented in 6 of Pakistan's 117 districts to facilitate rapid case disposal. Drawing on a panel dataset of 875 district judges' performance between 2001 and 2003, a difference-in-differences analysis shows that judges disposed of 25 percent more cases thanks to the reform. Three rounds of the Labour Force Surveys will be then used to show that the reform improved security of property rights, encouraged people to seek loans, fostered entrepreneurship and was associated with increased transition from unemployment and paid employment to entrepreneurship.

Nick Drainas, The Land Of 10,000 Lakes Drowns Entrepreneurs In Regulations, Inst. for Just. (2004). 
http://www.ij.org/images/pdf_folder/city_studies/MN-barrier-study.pdf

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