Law Commons^™

The Status And Evolution Of Laws And Policies Regulating Privately Owned Tigers In The United States, Philip J. Nyhus, Michael Ambrogi, Caitlin Dufraine, Alan Shoemaker, Ronald L. Tilson

Faculty Scholarship

No abstract provided.

Managing Agricultural Water Use During Drought: An Analysis Of Contemporary Policies Governing Georgia's Flint River Basin, Mark Masters, Ronald Cummings, Brigham Daniels, Kristen Rowles, Douglas Wilson

Faculty Scholarship

No abstract provided.

Competing Social Movements And Local Political Culture : Voting On Ballot Propositions To Ban Same-Sex Marriage., Arnold Fleischmann, Laura Moyer

Faculty Scholarship

Objective: This paper uses social movement theory to explain variation in local support for proposed constitutional amendments to ban same-sex marriage in 22 states during 2004 and 2006.

Methods: The analysis uses OLS regression with county-level data to explain variation in local support for the amendments.

Results: Support for the amendments in both years was positively related to the proportion of a county that was evangelical or Republican, but negatively related to its level of education and proportion of Catholics. Amendment support was positively related in only one year to the percentage of a county’s population that …

Anticipating An Evil Which May Never Exist: Minnesota's Anachronistic Identifying Mark Statute, Michael Freiberg

Faculty Scholarship

In the aftermath of the 2008 senatorial election race in Minnesota, several election laws were scrutinized by state officials and the public. Specifically, Minnesota statute 204C.22 was attacked; this statute voids ballots containing "identifying" or "distinguishing" marks made in such a way as to make it evident that "the voter intended to identify the ballot". Secretary of State Ritchie proposed narrowing the scope of the identifying mark statutes, and though legislation was introduced in the state legislature, it was not adopted. The existence of these legislative initiatives makes it appropriate to examine the history of statutes prohibiting identifying marks, the …

Bargaining Around Bankruptcy: Small Business Workouts And State Law, Edward R. Morrison

Faculty Scholarship

Federal bankruptcy law is rarely used by distressed small businesses. For every 100 that suspend operations, at most 20 file for bankruptcy. The rest use state law procedures to liquidate or reorganize. This paper documents the importance of these procedures and the conditions under which they are chosen using firm-level data on Chicago-area small businesses. I show that business owners bargain with senior lenders over the resolution of financial distress. Federal bankruptcy law is invoked only when bargaining fails. This tends to occur when there is more than one senior lender or when the debtor has defaulted on senior debt …

Town Of Telluride V. San Miguel Valley Corp.: Extraterritoriality And Local Autonomy, Richard Briffault

Faculty Scholarship

At first blush, the decision of the Colorado Supreme Court in Town of Telluride v. San Miguel Valley Corp. seems like an extraordinary endorsement of home rule and a significant milestone in the evolution of local power. The Colorado Supreme Court adopted a very broad construction of the power of a home rule municipality under the state constitution and invalidated a state statute that expressly sought to limit that power. The power in question – extraterritorial eminent domain – seems to go well beyond even the most generous assumptions about local government authority. As the uproar following the United …