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Articles 1 - 30 of 93
Full-Text Articles in Entire DC Network
Amicus (Fall 2021), University Of Colorado Law School
Amicus (Fall 2021), University Of Colorado Law School
Amicus
Issue at a glance:
- Introduces the 17th dean of Colorado Law, Lolita Buckner Inniss
- Welcomes the Class of 2024 and new faculty member Doug Spencer
- Highlights the latest research by Associate Professor Kristelia García
- Features interviews with alumnae of color, as interviewed by members of the Women of Color Collective
- Recognizes attendees and sponsors of the 40th annual Alumni Awards Celebration
- Recognizes milestones and successes of Colorado Law alumni
Access To Justice For Immigrants: A Lecture Presented In Memory Of Breana Boss, Ingrid Eagly
Access To Justice For Immigrants: A Lecture Presented In Memory Of Breana Boss, Ingrid Eagly
University of Colorado Law Review Forum
No abstract provided.
Bucklew V. Precythe And The Resurgence Of The Method Of Execution Challenge, Hannah York
Bucklew V. Precythe And The Resurgence Of The Method Of Execution Challenge, Hannah York
University of Colorado Law Review Forum
No abstract provided.
Organizing A Business Law Department Within A Law School, William J. Carney
Organizing A Business Law Department Within A Law School, William J. Carney
University of Colorado Law Review Forum
No abstract provided.
Amicus (Spring 2021), University Of Colorado Law School
Amicus (Spring 2021), University Of Colorado Law School
Amicus
Issue at a glance:
- Features the work of students and faculty in Colorado Law's clinics and the Appellate Advocacy Practicum in assisting those affected by the coronavirus pandemic and nationwide injustice
- Includes reflections from Dean Anaya on his tenure as dean as he prepares to continue as a member of the faculty this July
- Highlights the early life of U.S. Supreme Court Justice and Colorado Law alumnus Wiley Rutledge (Class of 1922) and the formative years he spent in Boulder
- Recognizes milestones and successes of Colorado Law alumni, including this year's Alumni Award recipients
Unclear And Unestablished: Exploring The Supreme Court/Tenth Circuit Disconnect In Qualified Immunity Jurisprudence, Josiah Cohen
Unclear And Unestablished: Exploring The Supreme Court/Tenth Circuit Disconnect In Qualified Immunity Jurisprudence, Josiah Cohen
University of Colorado Law Review Forum
No abstract provided.
Researching Colorado Employment Law, Jill Sturgeon
Getting Real About Procedure: Changing How We Think, Write And Teach About American Civil Procedure, Suzette M. Malveaux
Getting Real About Procedure: Changing How We Think, Write And Teach About American Civil Procedure, Suzette M. Malveaux
Publications
No abstract provided.
Pandemic Emotions: The Good, The Bad, And The Unconscious —Implications For Public Health, Financial Economics, Law, And Leadership, Peter H. Huang
Pandemic Emotions: The Good, The Bad, And The Unconscious —Implications For Public Health, Financial Economics, Law, And Leadership, Peter H. Huang
Publications
Pandemics lead to emotions that can be good, bad, and unconscious. This Article offers an interdisciplinary analysis of how emotions during pandemics affect people’s responses to pandemics, public health, financial economics, law, and leadership. Pandemics are heart-breaking health crises. Crises produce emotions that impact decision-making. This Article analyzes how fear and anger over COVID-19 fueled anti-Asian and anti-Asian American hatred and racism. COVID-19 caused massive tragic economic, emotional, mental, physical, and psychological suffering. These difficulties are interconnected and lead to vicious cycles. Fear distorts people’s decision readiness, deliberation, information acquisition, risk perception, and thinking. Distortions affect people’s financial, health, and …
The Political (Mis)Representation Of Immigrants In Voting, Ming H. Chen, Hunter Knapp
The Political (Mis)Representation Of Immigrants In Voting, Ming H. Chen, Hunter Knapp
Publications
Who is a member of the political community? What barriers to inclusion do immigrants face as outsiders to this political community? This Essay describes several barriers facing immigrants and naturalized citizens that impede their political belonging. It critiques these barriers on the basis of immigrants and foreign-born voters having rights of semi-citizenship. By placing naturalization backlogs, voting restrictions, and reapportionment battles in the historical context of voter suppression, it provides a descriptive and normative account of the political misrepresentation of immigrants.
The Law Of Ai, Margot Kaminski
A Novel Response: How Law Libraries Adapted To The Pandemic, Aamir S. Abdullah
A Novel Response: How Law Libraries Adapted To The Pandemic, Aamir S. Abdullah
Publications
No abstract provided.
Agonistic Privacy & Equitable Democracy, Scott Skinner-Thompson
Agonistic Privacy & Equitable Democracy, Scott Skinner-Thompson
Publications
This Essay argues that legal privacy protections—which enable individuals to control their visibility within public space—play a vital role in disrupting the subordinating, antidemocratic impacts of surveillance and should be at the forefront of efforts to reform the operation of both digital and physical public space. Robust privacy protections are a touchstone for empowering members of different marginalized groups with the ability to safely participate in both the physical and digital public squares, while also preserving space for vibrant subaltern counterpublics. By increasing heterogeneity within the public sphere, privacy can also help decrease polarization by breaking down echo chambers and …
Structural Deregulation, Jody Freeman, Sharon Jacobs
Structural Deregulation, Jody Freeman, Sharon Jacobs
Publications
Modern critics of the administrative state portray agencies as omnipotent behemoths, invested with vast delegated powers and largely unaccountable to the political branches of government. This picture, we argue, understates agency vulnerability to an increasingly powerful presidency. One source of presidential control over agencies in particular has been overlooked: the systematic undermining of an agency’s ability to execute its statutory mandate. This strategy, which we call “structural deregulation,” is a dangerous and underappreciated aspect of what then-Professor, now-Justice Elena Kagan termed “presidential administration.”
Structural deregulation attacks the core capacities of the bureaucracy. The phenomenon encompasses such practices as leaving agencies …
Law, Labor, And The Hard Edge Of Progressivism: The Legal Repression Of Radical Unionism And The American Labor Movement's Long Decline, Ahmed White
Publications
No abstract provided.
Slavery And The Postbellum University: The Case Of Smu, Lolita Buckner Inniss, Skyler Arbuckle
Slavery And The Postbellum University: The Case Of Smu, Lolita Buckner Inniss, Skyler Arbuckle
Publications
People who practiced slavery across the United States, or engaged in slavery-related practices, were often the same civically-minded social, legal, and economic leaders who founded the nation’s first colleges and universities. There was, thus, from our earliest times, an unacknowledged but firm tie between the values and high ideals of the academy that existed in stark contraposition to the horrors of human bondage that fueled those institutions. Many North American colleges founded before the Civil War relied on money derived from the elite members of society with direct involvements in slavery. While a growing body of scholarly work discusses early …
Best Regulatory Practices For Deep Seabed Mining: Lessons Learned From The U.S. Surface Mining Control And Reclamation Act, Mark S. Squillace
Best Regulatory Practices For Deep Seabed Mining: Lessons Learned From The U.S. Surface Mining Control And Reclamation Act, Mark S. Squillace
Publications
Mining operations around the globe are responsible for significant environmental problems. These problems often stem from poor planning, inadequate regulatory standards, and a failure of regulatory oversight, particularly with respect to inspection and enforcement regimes. Mining regulators are often hamstrung, however, by inadequate information about potential impacts before operations commence. This problem is particularly daunting when considering mining on ocean floors where information about the environment is limited, and the impacts of mining are poorly understood.
As the International Seabed Authority (ISA) develops a comprehensive regulatory program for deep seabed mining, they should draw on the experience gained in regulating …
International Water Law And Fresh Water Dispute Resolution: A Cosean Perspective, Tamar Meshell, Moin A. Yahya
International Water Law And Fresh Water Dispute Resolution: A Cosean Perspective, Tamar Meshell, Moin A. Yahya
University of Colorado Law Review
International Water Law has developed a set of rules for resolving interstate fresh water disputes that govern both the substance of these disputes and the conduct of the disputing states. "Equitable and reasonable utilization" is commonly considered as the leading substantive rule, "no significant harm" as subsidiary to it, and the "duty to cooperate" as the central procedural rule. The purpose of this Article is to analyze the merits of these substantive and procedural rules under the lens of the celebrated Coase theorem. The "normative" part of the Coase theorem observes that if transaction costs are high, then the legal …
Introduction To The Special Issue: A Retrospective On Race In America, Angela S. Boettcher, Quintin H. Morse, Nora Rainey Olson Cooke, Erin Mclaughlin, Caroline Young, Charissa Wood, Sasha Strong, Natasha Viteri, Taylor Schad
Introduction To The Special Issue: A Retrospective On Race In America, Angela S. Boettcher, Quintin H. Morse, Nora Rainey Olson Cooke, Erin Mclaughlin, Caroline Young, Charissa Wood, Sasha Strong, Natasha Viteri, Taylor Schad
University of Colorado Law Review
No abstract provided.
Policing And "Bluelining", Aya Gruber
Policing And "Bluelining", Aya Gruber
Publications
In this Commentary written for the Frankel Lecture symposium on police killings of Black Americans, I explore the increasingly popular claim that racialized brutality is not a malfunction of policing but its function. Or, as Paul Butler counsels, “Don’t get it twisted—the criminal justice system ain’t broke. It’s working just the way it’s supposed to.” This claim contradicts the conventional narrative, which remains largely accepted, that the police exist to vindicate the community’s interest in solving, reducing, and preventing crime. A perusal of the history of organized policing in the United States, however, reveals that it was never mainly about …
Women’S Votes, Women’S Voices, And The Limits Of Criminal Justice Reform, 1911–1950, Carolyn B. Ramsey
Women’S Votes, Women’S Voices, And The Limits Of Criminal Justice Reform, 1911–1950, Carolyn B. Ramsey
Publications
Deriving its vigor from the work of grassroots organizations at the state and local levels, the League of Women Voters (LWV) sought, in the first half of the twentieth century, to provide newly enfranchised women with a political education to strengthen their voice in public affairs. Local branches like the San Francisco Center learned from experience—through practical involvement in a variety of social welfare and criminal justice initiatives. This Article, written for a symposium commemorating the centennial of the Nineteenth Amendment, assesses the role of LWV leaders in California and especially San Francisco in reforming three aspects of the criminal …
How The Supreme Court Talks About The Press (And Why We Should Care), Helen Norton
How The Supreme Court Talks About The Press (And Why We Should Care), Helen Norton
Publications
No abstract provided.
The Political (Mis)Representation Of Immigrants In The Census, Ming Hsu Chen
The Political (Mis)Representation Of Immigrants In The Census, Ming Hsu Chen
Publications
Who is a member of the political community? What barriers to inclusion do immigrants face as outsiders to this political community? This article describes several barriers facing immigrants that impede their political belonging. It critiques these barriers not on the basis of immigrants’ rights but based on their rights as current and future members of the political community. This is the second of two Essays. The first Essay focused on voting restrictions impacting Asian American and Latino voters. The second Essay focuses on challenges to including immigrants, Asian Americans, and Latinos in the 2020 Census. Together, the Essays critique the …
Put More Women In Charge And Other Leadership Lessons From Covid-19, Peter H. Huang
Put More Women In Charge And Other Leadership Lessons From Covid-19, Peter H. Huang
Publications
COVID-19 teaches us lessons about leadership, the most important of which is to put more women in charge. This Article provides an interdisciplinary analysis of these lessons, which come at the very high price of many forever disrupted and lost human lives. COVID-19 is a global tragedy. COVID-19 can also be a cruel, relentless and unforgiving teacher of valuable lessons about leadership. During COVID-19, leaders had to quickly mobilize many resources and convince many people to change their established behaviors and familiar routines. Leaders had to rely on effective and persuasive communication to achieve buy-in and voluntary compliance by a …
Copyright And Disability, Blake E. Reid
Copyright And Disability, Blake E. Reid
Publications
A vast array of copyrighted works—books, video programming, software, podcasts, video games, and more—remain inaccessible to people with disabilities. International efforts to adopt limitations and exceptions to copyright law that permit third parties to create and distribute accessible versions of books for people with print disabilities have drawn some attention to the role that copyright law plays in inhibiting the accessibility of copyrighted works. However, copyright scholars have not meaningfully engaged with the role that copyright law plays in the broader tangle of disability rights.
When The Cat's Away: Techlash, Loot Boxes, And Regulating "Dark Patterns" In The Video Game Industry's Monetization Strategies, Scott Goodstein
When The Cat's Away: Techlash, Loot Boxes, And Regulating "Dark Patterns" In The Video Game Industry's Monetization Strategies, Scott Goodstein
University of Colorado Law Review
Part I of this Comment briefly overviews dark patterns and demonstrates how parties have needlessly focused on loot boxes' similarity to gambling rather than addressing dark patterns, the actual source of the video game industry's consumer exploitation. Part II summarizes the video game industry's techlash, showcasing ways that the industry has abused its consumers and how consumers have responded, as well as arguing why governmental intervention is necessary to stop the industry from exploiting end users. Part III first analyzes the Protecting Children from Abusive Games Act ("PCAGA"), a bill introduced in 2019 to regulate loot boxes, and explains why …
Critique, Ideology, And Aesthetics, Richard Thompson Ford
Critique, Ideology, And Aesthetics, Richard Thompson Ford
University of Colorado Law Review
No abstract provided.
Title Vii: What's Hair (And Other Race-Based Characteristics) Got To Do With It?, D. Wendy Greene
Title Vii: What's Hair (And Other Race-Based Characteristics) Got To Do With It?, D. Wendy Greene
University of Colorado Law Review
No abstract provided.
Table Of Contents (Vol. 92, Issue 3)
Table Of Contents (Vol. 92, Issue 3)
University of Colorado Law Review
No abstract provided.
Volume 92 (2021), University Of Colorado Law Review
Volume 92 (2021), University Of Colorado Law Review
University of Colorado Law Review Masthead Archive
No abstract provided.