Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 11 of 11
Full-Text Articles in Law
Creative Jurisprudence: The Paradox Of Free Speech Absolutism, R. George Wright, Chris Rowley
Creative Jurisprudence: The Paradox Of Free Speech Absolutism, R. George Wright, Chris Rowley
University of Colorado Law Review Forum
Governments often seek to restrict speech on the basis of its content, navigating the ever-complex terrain between constitutional freedoms and regulatory interests. While the United States judiciary has historically endeavored to balance competing constitutional questions and government interests when scrutinizing content-based speech regulations, recent trends signify a troubling shift. The judiciary has recently embraced what this Article refers to as free speech absolutism, whereby it sidesteps the longstanding, intricate process of balancing constitutional values and public interests, in favor of an unequivocal endorsement of speech rights. This simplified judicial strategy proceeds first with an acknowledgment of the paramount importance of …
Emtala's Impact On Patients' Rights In Colorado Emergency Rooms, Jack Vihstadt
Emtala's Impact On Patients' Rights In Colorado Emergency Rooms, Jack Vihstadt
University of Colorado Law Review
During the Reagan Administration, Congress enacted the Emergency Medical Treatment and Labor Act (EMTALA) to crack down on hospital emergency departments (EDs) that were refusing to treat poor patients. The Act prohibited EDs from screening patients based on their ability to pay. Thirty years later, EDs have used provisions of the Act to dodge questions from curious patients about their treatment options and costs. In 2016, two Democrats introduced a bill into the Colorado General Assembly that would provide a warning to emergency department patients without an emergency condition that an urgent care center or a primary care physician may …
Dog Damages: The Case For Expanding The Available Remedies For The Owners Of Wrongfully Killed Pets In Colorado, Logan Martin
Dog Damages: The Case For Expanding The Available Remedies For The Owners Of Wrongfully Killed Pets In Colorado, Logan Martin
University of Colorado Law Review
For most people, the death of a loved one can have devastating emotional consequences. This is especially true where the person's death was the result of an accident caused by the negligent, or worse, malicious actions of another person. In most of these situations, both common law and statutory law usually provide some means of compensation for the surviving party. However, when the dead loved one is not another person, but rather a pet or companion animal, the owner's recovery is usually very limited. This Comment argues that such limited recovery is inappropriate and that Colorado should adopt a rule …
The Rise Of The Organizational Practice Of Child Welfare Law: The Child Welfare Law Office, Leslie Starr Heimov, Amanda George Donnelly, Marvin Ventrell
The Rise Of The Organizational Practice Of Child Welfare Law: The Child Welfare Law Office, Leslie Starr Heimov, Amanda George Donnelly, Marvin Ventrell
University of Colorado Law Review
No abstract provided.
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 …
Warning Bell: The Inherent Difficulties Of Responding To Student-On-Student Sexual Harassment In Colorado Middle Schools, M. Brent Case
Warning Bell: The Inherent Difficulties Of Responding To Student-On-Student Sexual Harassment In Colorado Middle Schools, M. Brent Case
University of Colorado Law Review
No abstract provided.
Begging To Defer: Lessons In Judicial Federalism From Colorado Search-And-Seizure Jurisprudence, Richard C. Miller
Begging To Defer: Lessons In Judicial Federalism From Colorado Search-And-Seizure Jurisprudence, Richard C. Miller
University of Colorado Law Review
No abstract provided.
Should A Lawyer Ever Be Allowed To Lie? People V. Pautler And A Proposed Duress Exception, Livingston Keithley
Should A Lawyer Ever Be Allowed To Lie? People V. Pautler And A Proposed Duress Exception, Livingston Keithley
University of Colorado Law Review
No abstract provided.
To See The Mountains: Restoring Colorado's Clear And Healthy Air, The Honorable Gregory J. Hobbs, Jr.
To See The Mountains: Restoring Colorado's Clear And Healthy Air, The Honorable Gregory J. Hobbs, Jr.
University of Colorado Law Review
No abstract provided.
The Last Gasp: The Conflict Over Management Of Replacement Water In The South Platte River Basin, Lain Strawn
The Last Gasp: The Conflict Over Management Of Replacement Water In The South Platte River Basin, Lain Strawn
University of Colorado Law Review
No abstract provided.
A Local Development Agreement On Access To Sacred Lands, Robert Retherford
A Local Development Agreement On Access To Sacred Lands, Robert Retherford
University of Colorado Law Review
No abstract provided.