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Articles 61 - 90 of 92
Full-Text Articles in Law
A Digital Age Communications Act Paradigm For Federal-State Relations, Kyle D. Dixon, Philip J. Weiser
A Digital Age Communications Act Paradigm For Federal-State Relations, Kyle D. Dixon, Philip J. Weiser
Publications
This article captures the effort of the Digital Age Communications Act (DACA) to craft a new framework for the federal-state relationship in implementing a next generation telecommunications regulatory regime. In particular, it sets forth a DACA model that would implement a "rule of law" regulatory paradigm for an era of technological dynamism. This era requires, as the article explains, a coherent federal framework that circumscribes the role of state and local authorities so as to advance sound competition policy goals. The sole exception to this policy is the recognition that a basic local service rate retains both political and practical …
"Peoples Distinct From Others": The Making Of Modern Indian Law, Charles Wilkinson
"Peoples Distinct From Others": The Making Of Modern Indian Law, Charles Wilkinson
Publications
No abstract provided.
The First Half Century Of Western Water Reform: Have We Kept Faith With The Rivers Of The West?, Charles Wilkinson
The First Half Century Of Western Water Reform: Have We Kept Faith With The Rivers Of The West?, Charles Wilkinson
Publications
No abstract provided.
The Renaissance Of Tribal Sovereignty, The Negative Doctrinal Feedback Loop, And The Rise Of A New Exceptionalism, Sarah Krakoff
The Renaissance Of Tribal Sovereignty, The Negative Doctrinal Feedback Loop, And The Rise Of A New Exceptionalism, Sarah Krakoff
Publications
No abstract provided.
Tax Strategies Are Not Patentable Inventions, Andrew A. Schwartz
Tax Strategies Are Not Patentable Inventions, Andrew A. Schwartz
Publications
No abstract provided.
Today's Indian Wars: Between Cyberspace And The United Nations, S. James Anaya
Today's Indian Wars: Between Cyberspace And The United Nations, S. James Anaya
Publications
No abstract provided.
Listening To All The Voices, Old And New: The Evolution Of Land Ownership In The Modern West, Charles Wilkinson
Listening To All The Voices, Old And New: The Evolution Of Land Ownership In The Modern West, Charles Wilkinson
Publications
No abstract provided.
Freedom Of The Press In Wartime, David A. Anderson
Freedom Of The Press In Wartime, David A. Anderson
University of Colorado Law Review
The Press Clause of the First Amendment should be understood to require the government to permit coverage of war. Up to now, the Supreme Court has ascribed little independent significance to the Press Clause. It has protected the press under the Speech Clause when possible, and denied press claims that would require reading the Press Clause as creating rights not guaranteed to all speakers. Logistical and security concerns, however, make it impossible to give all speakers the access necessary to cover war. In all wars, the military tries to suppress news coverage that might undermine public support for the war. …
Forensic Linguistics: An Introduction To Language In The Justice System, By John Gibbons, Drury Stevenson
Forensic Linguistics: An Introduction To Language In The Justice System, By John Gibbons, Drury Stevenson
University of Colorado Law Review
John Gibbons's book Forensic Linguistics provides an excellent introduction to the different areas of interdisciplinary studies involving linguistics and law. Gibbons explores many of the unique linguistic features of legal writing and courtroom speech, and discusses legal regulation of inappropriate uses of language (threats, lies, etc). This review surveys each of these sections of Gibbons's work, and adds in depth critique on issues related to "audience design " in legal documents and the linguistic pitfalls of relying on trial transcripts.
Safeguarding Colorado's Water Supply: The New Confluence Of Title Insurance And Water Rights Conveyances, Julia S. Walters
Safeguarding Colorado's Water Supply: The New Confluence Of Title Insurance And Water Rights Conveyances, Julia S. Walters
University of Colorado Law Review
As water rights transfers in Colorado increase in magnitude and frequency due to water scarcity and population growth, it is becoming increasingly necessary to have a method of protecting water rights owners against unknown risks or encumbrances. The inability to obtain reliable new water rights through appropriation has compelled many municipalities, businesses, and other water users to purchase or lease existing water rights. The emergence of water rights title insurance in Colorado has become an important development because of the greater potential for defects and ambiguities in water rights records. Despite the current limitations in water rights title insurance policies, …
The Shrinking Scope Of Judicial Review In Norton V. Southern Utah Wilderness Alliance, Justin C. Konrad
The Shrinking Scope Of Judicial Review In Norton V. Southern Utah Wilderness Alliance, Justin C. Konrad
University of Colorado Law Review
In Norton v. Southern Utah Wilderness Alliance, the U.S. Supreme Court issued its first decision definitively construing § 706(1) of the Administrative Procedure Act ("APA"). This section ostensibly provides for review of agency action "unlawfully withheld or unreasonably delayed." However, the Court's opinion narrowly construed section 706(1) so as to allow review only for discrete agency actions that are legally required. As a result, the Court held that Bureau of Land Management compliance with a Federal Land Management and Policy Act ("FLPMA") provision mandating management of certain public lands so as to prevent impairment of their wilderness characteristics was not …
Double Jeopardy And Multiple Punishment: Cutting The Gordian Knot, Anne Bowen Poulin
Double Jeopardy And Multiple Punishment: Cutting The Gordian Knot, Anne Bowen Poulin
University of Colorado Law Review
Courts treat as axiomatic that the Double Jeopardy Clause protects against both multiple punishment and successive prosecution. Unfortunately, applying the same rules to both multiple punishment and successive prosecution undermines double jeopardy protection. Instead, protection from multiple punishment should not be treated as a double jeopardy problem. This Article examines how multiple punishment analysis became entangled with successive prosecution protection. After considering the foundation of the axiom that double jeopardy protects against multiple punishment, it concludes that the axiom must be rejected. Multiple punishment analysis should be disentangled from double jeopardy rules governing successive prosecution and double jeopardy should play …
Shopping Badly: Cognitive Biases, Communications, And The Fallacy Of The Marketplace Of Ideas, Derek E. Bambauer
Shopping Badly: Cognitive Biases, Communications, And The Fallacy Of The Marketplace Of Ideas, Derek E. Bambauer
University of Colorado Law Review
The model of the "marketplace of ideas" governs critical decisions in American jurisprudence on regulating communications. This theory holds that, over time, we collectively process ideas and information to separate truth from falsehood. State intervention is therefore unnecessary and undesirable, for it may prevent us from discovering inelegant but useful ideas. However, research in cognitive psychology and behavioral economics shows that we operate with significant, persistent perceptual biases that undercut this model's assumptions. The marketplace model errs in describing how we interact with information; accordingly, it cannot reliably assess when regulation is desirable. We should discard the marketplace of ideas …
In The Wake Of Republic Of Austria V. Altmann: The Current Status Of Foreign Sovereign Immunity In United States Courts, David P. Vandenberg
In The Wake Of Republic Of Austria V. Altmann: The Current Status Of Foreign Sovereign Immunity In United States Courts, David P. Vandenberg
University of Colorado Law Review
In Republic of Austria v. Altmann, the United States Supreme Court held that conduct predating the passage of the Foreign Sovereign Immunity Act of 1976 could nonetheless be grounds for a claim under the Act. This article begins with a historical survey of foreign sovereign immunity in the U.S. legal system. However, it is foremost an analysis and critique of the Supreme Court's opinion in Altmann. It argues that in the wake of the Court's decision, the floodgates will not open to a rash of foreign sovereign immunity claims based on long-ago conduct because other factors-both legal and practical will …
Not Part Of The Game Plan: School District Liability For The Creation Of A Hostile Athletic Environment, Toni Wehman
Not Part Of The Game Plan: School District Liability For The Creation Of A Hostile Athletic Environment, Toni Wehman
University of Colorado Law Review
Title IX has played a crucial role in changing our nation's treatment of women in education, leading to awareness about the harms of sexual harassment on both female and male students. However, in one area, Title IX jurisprudence draws a line between protected students and students who are not protected from sexual harassment. That line is determined by whether the harassment facing the student is because of perceived sexual orientation or perceived failure to adhere to gender stereotypes. School athletics is an environment wrought with such harassment that can include gender insults, i.e. "you throw like a girl" or sexual …
Beautiful Dreamer: Review Of A Life Of H.L.A. Hart: The Nightmare And The Noble Dream, By Nicola Lacey, Jeanne L. Schroeder
Beautiful Dreamer: Review Of A Life Of H.L.A. Hart: The Nightmare And The Noble Dream, By Nicola Lacey, Jeanne L. Schroeder
University of Colorado Law Review
H.L.A. Hart is probably the most important legal theorist in the modern English-speaking world. The intriguing subtitle of Nicola Lacey's intimate biography, "The Nightmare and the Noble Dream, " echoes the name of Hart's 1997 Georgia Law Review paper, in which he identifies two warring, equally inadequate, visions of law in American jurisprudence: the "nightmare" of complete indeterminacy and unbridled judicial discretion and the "noble dream " of a closed, deterministic legal system of judicial restraint. Lacey implies that Hart's life itself was both a nightmare and a noble dream. This book review expands on Lacey's work and suggests how …
Academic Freedom, Larry Alexander
Academic Freedom, Larry Alexander
University of Colorado Law Review
No abstract provided.
Three Versions Of Nonsense, Paul Campos
Three Versions Of Nonsense, Paul Campos
University of Colorado Law Review
No abstract provided.
Bias, "Balance," And Beyond: New Threats To Academic Freedom, Robert M. O'Neil
Bias, "Balance," And Beyond: New Threats To Academic Freedom, Robert M. O'Neil
University of Colorado Law Review
No abstract provided.
Tortured Legal Ethics: The Role Of The Government Advisor In The War On Terror, Jessica Radack
Tortured Legal Ethics: The Role Of The Government Advisor In The War On Terror, Jessica Radack
University of Colorado Law Review
The so-called "torture memos" beg for a re-examination of government lawyers' ethical obligations, especially when acting as advisors, not advocates. This article explores the two major models of government lawyers' ethics: the "agency" approach, which stresses the duties of loyalty, zeal and confidentiality and disfavors attorney interference with client goals, and the "public interest" approach, which places greater weight on fairness and justice, and wants lawyers to weigh in on the wisdom and morality of what their clients are considering. This article argues that an Eighth Amendment analysis should be employed to determine what constitutes a "morally perilous question. " …
Intimate Homicide: Gender And Crime Control, 1880-1920, Carolyn B. Ramsey
Intimate Homicide: Gender And Crime Control, 1880-1920, Carolyn B. Ramsey
University of Colorado Law Review
The received wisdom, among feminists and others, is that historically the criminal justice system tolerated male violence against women. This article dramatically revises feminist understanding of the legal history of public responses to intimate homicide by showing that, in both the eastern and the western United States, men accused of killing their intimates often received stern punishment, including the death penalty, whereas women charged with similar crimes were treated leniently. Although no formal "battered woman's defense" existed in the late 1800s and early 1900s, courts and juries implicitly recognized one-and even extended it to abandoned women who killed their unfaithful …
Permissive Discrimination And The Decline Of Religion Clause Jurisprudence: The Wearing Out Of The Joints, Karl Schock
Permissive Discrimination And The Decline Of Religion Clause Jurisprudence: The Wearing Out Of The Joints, Karl Schock
University of Colorado Law Review
This article argues that modern Supreme Court decisions relating to the Establishment Clause and the Free Exercise Clause have caused both clauses to lose their constitutional force. Although the Court has long recognized a "play in the joints" between the clauses, it had previously resolved this problem exclusively in favor of the Establishment Clause through its well-established doctrine of permissive accommodation. However, the Court's recent decision in Locke v. Davey suggests that the Court is now willing to allow the overlap between the two clauses to pull in the opposite direction as well. This article explains that the Court's decision …
Adverse Possession And Conservation: Expanding Traditional Notions Of Use And Possession, Alexandra B. Klass
Adverse Possession And Conservation: Expanding Traditional Notions Of Use And Possession, Alexandra B. Klass
University of Colorado Law Review
At common law, very minimal actions were needed to establish the "exclusive possession " necessary to acquire land by adverse possession when the land was "wild" or undeveloped. This minimal burden to adversely possess wild lands, which is still the general rule today, stands in contrast to the much higher standard necessary to adversely possess developed lands. This article explores why the lesser standard for adverse possession of wild lands remains a threat to many of the millions of acres of land in this country that are still undeveloped. This article then proposes that courts modernize the adverse possession doctrine …
Is Cost-Benefit Analysis Neutral, David M. Driesen
Is Cost-Benefit Analysis Neutral, David M. Driesen
University of Colorado Law Review
Cost-benefit analysis (CBA) owes much of its appeal to its image as a neutral principle for deciding upon the appropriate stringency of environmental, health, and safety regulation. This Article examines whether CBA is neutral in effect-i.e. whether it sometimes makes regulations more stringent or regularly leads to weaker environmental, health, and safety protection. Using a representative data set from recent Office of Management and Budget (OMB) reviews, an examination of OMB prompt letters, and a literature review, this Article shows that CBA has almost always proven anti-environmental in practice. It also shows that the most common approaches to CBA are …
Race, Gender, Region And Death Sentencing In Colorado, 1980-1999, Stephanie Hindson, Hillary Potter, Michael L. Radelet
Race, Gender, Region And Death Sentencing In Colorado, 1980-1999, Stephanie Hindson, Hillary Potter, Michael L. Radelet
University of Colorado Law Review
This paper examines the administration of the death penalty in Colorado. We first identify all cases (n=21) in which defendants were sentenced to death in Colorado, 1972-2005, and all cases (n=10) in which the death penalty was sought, 1980-1999. We then compare the race and gender of all homicide victims with the race and gender of victims in the 110 death penalty cases. Overall, we find that the death penalty is most likely to be sought for homicides with white female victims, and that the probability of death being sought is 4.2 times higher for those who kill whites than …
Love, Money, And Justice: Restitution Between Cohabitants, Emily Sherwin
Love, Money, And Justice: Restitution Between Cohabitants, Emily Sherwin
University of Colorado Law Review
The principle of unjust enrichment is susceptible to varying interpretations, which reflect importantly different conceptions of how courts should decide cases and develop law. The consequences of different possible interpretations of the unjust enrichment principle are nicely illustrated by a group of cases involving restitution claims between former cohabitants. Claims of this kind are endorsed by the new Restatement (Third) of Restitution and Unjust Enrichment (now in preparation). In recognizing these claims, the Restatement adopts an "equitable" interpretation of unjust enrichment for this category of cases, one that licenses courts to disregard rules and engage in particularistic decision-making. This is …
Academic Freedom: Disciplinary Lessons From Hogwarts, Emily M. Calhoun
Academic Freedom: Disciplinary Lessons From Hogwarts, Emily M. Calhoun
University of Colorado Law Review
No abstract provided.
Is There A Right To Academic Freedom?, Frederick Schauer
Is There A Right To Academic Freedom?, Frederick Schauer
University of Colorado Law Review
No abstract provided.
Bureaucracy And Distrust: Germaneness And The Paradoxes Of The Academic Freedom Doctrine, Alan K. Chen
Bureaucracy And Distrust: Germaneness And The Paradoxes Of The Academic Freedom Doctrine, Alan K. Chen
University of Colorado Law Review
No abstract provided.
Constitutional Academic Freedom After Grutter: Getting Real About The "Four Freedoms" Of A University, J. Peter Byrne
Constitutional Academic Freedom After Grutter: Getting Real About The "Four Freedoms" Of A University, J. Peter Byrne
University of Colorado Law Review
No abstract provided.