Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Federalism (3)
- Drug legalization (2)
- Tribal sovereignty (2)
- Adhesion contracts (1)
- Affordable Care Act (1)
-
- Air pollution laws (1)
- American Indian law (1)
- Asylum law (1)
- Banks and banking (1)
- Board of immigration appeals (1)
- CU Law Faculty (1)
- Child abuse laws (1)
- Clean Water Act (1)
- Climate change (1)
- Climate change mitigation (1)
- Collective bargaining in baseball (1)
- Consent (law) (1)
- Contractual consent (1)
- Copyright infringement (1)
- Corporate liability (1)
- Crimes against minorities (1)
- Death penalty (1)
- Defense of Marriage Act (1)
- Domestic violence (1)
- Drug testing in sports (1)
- Eco-labeling (1)
- Electoral reform (1)
- FAA (1)
- Federal Arbitration Act (1)
- Food biotechnology (1)
Articles 1 - 25 of 25
Full-Text Articles in Law
Won't You Be My Neighbor? The Fallout From The Colorado Supreme Court's Decision In Cogcc V. Gvca, Luke Mecklenburg
Won't You Be My Neighbor? The Fallout From The Colorado Supreme Court's Decision In Cogcc V. Gvca, Luke Mecklenburg
University of Colorado Law Review
This Casenote asserts that the Colorado Supreme Court's decision in COGCC v. GVCA, while legally adequate, condones a harmful public policy that necessitates legislative correction. The case pitted two landowners whose property was adjacent to a proposed well that would drill down within a three-mile radius of an underground nuclear detonation site known as the Rulison blast zone, as well as a citizens'group from the Rulison area, against the Colorado Oil and Gas Conservation Commission (COGCC). Using different canons of statutory interpretation, the Colorado Court of Appeals and the Colorado Supreme Court reached opposite decisions, but in the end a …
Copyright Trolls And Presumptively Fair Uses, Brad A. Greenberg
Copyright Trolls And Presumptively Fair Uses, Brad A. Greenberg
University of Colorado Law Review
The "troll" label, long a staple of the patent system, had little connotation and even less application in the copyright context until 2010. That is when the so-called copyright troll emerged to acquire unenforced copyrights being infringed in the digital marketplace. Trolls threaten to chill speech and discourage innovation by exploiting copyright incentives without contributing to the market for creative works. Yet, despite the copyright troll's conspicuous arrival, little scholarship has discussed how trolls undermine copyright policy goals or potential measures for mitigating the harms they impose. This Article is the first to hone in on the fair use doctrine …
Food For Thought: Genetically Modified Seeds As De Facto Standard-Essential Patents, Benjamin M. Cole, Brent J. Horton, Ryan Vacca
Food For Thought: Genetically Modified Seeds As De Facto Standard-Essential Patents, Benjamin M. Cole, Brent J. Horton, Ryan Vacca
University of Colorado Law Review
For several years, courts have improperly calculated damages in cases involving the unlicensed use of genetically modified (GM) seed technology. In particular, when courts determine patent damages based on the hypothetical negotiation method, they err in exaggerating these damages to a point where no rational negotiator would agree. In response, we propose a limited affirmative defense of an implied license due to the patent's status as a de facto standard-essential patent. To be classified as a de facto standard-essential patent, the farmer must prove three elements that reflect the peculiarities of GM seeds used in farming: (1) dominance, (2) impracticability, …
Avetisyan's Limited Improvements Within The Overburdened Immigration Court System, Kristin Bohman
Avetisyan's Limited Improvements Within The Overburdened Immigration Court System, Kristin Bohman
University of Colorado Law Review
In early 2012, the Board of Immigration Appeals (BIA) decided Matter of Avetisyan, overturning precedent that prohibited immigration judges from administratively closing an immigrant's case over the objection of either party. Avetisyan enables immigration judges to administratively close a case and remove it from their active dockets, subject to later re-calendaring by either party for final resolution. By giving judges the authority to administratively close cases, Avetisyan reaffirms the independent decision-making authority of immigration judges and allows them to reallocate some of their limited time to more pressing cases. But Avetisyan's break from precedent cannot reach the roots of the …
The New Nexus, Anjum Gupta
The New Nexus, Anjum Gupta
University of Colorado Law Review
United States asylum law provides protection to individuals fleeing their home countries due to "persecution or a well founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion." While significant scholarly and judicial attention has been paid to the interpretations of the five grounds-in particular to the 'olitical opinion" and 'particular social group" categories as they pertain to gender based claims and claims involving private harms-relatively little debate has focused on the proper formulation of the "on account of," or "nexus," requirement. Yet, scant guidance exists (whether by statute, regulation, or …
Holistic Climate Change Governance: Towards Mitigation And Adaptation Synthesis, Katherine Trisolini
Holistic Climate Change Governance: Towards Mitigation And Adaptation Synthesis, Katherine Trisolini
University of Colorado Law Review
Climate change already has begun destabilizing natural systems, prompting unprecedented heat waves, droughts, floods, and severe storms. While scientists admonish us that greenhouse gases must be cut deeply and quickly to avoid the worst impacts, past emissions have committed the planet to some further warming. Resulting physical changes will require a legal system that functions amidst extreme weather, rising seas, and scientific uncertainty about the stability of natural systems upon which we relied in designing institutions and infrastructure. An effective response requires both substantial reductions in greenhouse gas emissions to limit the harm ("mitigation') and significant adaptation. Scholars and policymakers …
Misadventures In Indian Law: The Supreme Court's Patchak Decision, Anna O'Brien
Misadventures In Indian Law: The Supreme Court's Patchak Decision, Anna O'Brien
University of Colorado Law Review
"After today, any person may sue under the Administrative Procedure Act . .. to divest the Federal Government of title to and possession of land held in trust for Indian tribes . . . so long as the complaint does not assert a personal interest in the land.' - Justice Sotomayor, dissenting in Match-E-Be-Nash- She- Wish Band of Pottawatomi Indians v. Patchak. Ever since European colonization of the Americas began in the fifteenth century, there has been friction between the new arrivals and the native inhabitants. The United States has dealt with its "Indian problem" through assimilation, reservations, and eventually, …
Exit, Voice, And Loyalty As Federalism Strategies: Lessons From The Same-Sex Marriage Debate, Ernest A. Young
Exit, Voice, And Loyalty As Federalism Strategies: Lessons From The Same-Sex Marriage Debate, Ernest A. Young
University of Colorado Law Review
No abstract provided.
The Special Problem Of Banks And Crime, Gregory M. Gilchrist
The Special Problem Of Banks And Crime, Gregory M. Gilchrist
University of Colorado Law Review
Federal prosecutors face increasing criticism for their failure to indict large banks and bankers for serious criminal conduct, including allowing violent drug cartels to launder hundreds of millions of dollars, willfully conducting business with rogue nations and terrorists, and manipulating the LIBOR to defraud investors. This Article argues that the non-prosecution of banks is often justified by proper consideration of externalities and that the nonprosecution of bankers is often explained by lack of evidence or the difficulty of white-collar prosecutions generally. Nevertheless, the result is that extremely serious criminal conduct is penalized by mere fines and negotiated terms of probation, …
Preserving Baseball's Integrity Through Proper Drug Testing: Time For The Major League Baseball Players Association To Let Go Of Its Collective Bargaining Reins, Wolfgang S. Weber
Preserving Baseball's Integrity Through Proper Drug Testing: Time For The Major League Baseball Players Association To Let Go Of Its Collective Bargaining Reins, Wolfgang S. Weber
University of Colorado Law Review
For the first time in seventeen years, voters did not select a single baseball player to be inducted into the 2013 Baseball Hall of Fame. In response to this news, Hall of Famer Mike Schmidt regrettably stated, "[E]veryone was guilty. Either you used Performance Enhancing Drugs or you did nothing to stop their use. . . . This generation got rich. Seems there was a price to pay." In 2013 alone, Major League Baseball (MLB) issued fourteen suspensions for Performance Enhancing Drug (PED) abuse. The regularity of these suspensions reveals players' willingness to continuously attempt to exploit flaws in the …
Mass Arbitration And Democratic Legitimacy, David Horton
Mass Arbitration And Democratic Legitimacy, David Horton
University of Colorado Law Review
This Article reviews Margaret Jane Radin's dazzling new book, Boilerplate. Radin makes two central claims about the widespread use of adhesion contracts. First, she argues that the heavy saturation of fine print causes "normative degradation," the erosion of contract law's bedrock requirement of consent. Second, and more provocatively, she contends that the lockstep use of standard forms permits private actors to override the public laws and thus causes "democratic degradation." This Article uses developments in consumer and employment arbitration as a proving ground for Radin's democratic degradation thesis. Spurred on by the United States Supreme Court's interpretation of the Federal …
A Colorado Child's Best Interests: Examining The Gabriesheski Decision And Future Policy Implications, David Meschke
A Colorado Child's Best Interests: Examining The Gabriesheski Decision And Future Policy Implications, David Meschke
University of Colorado Law Review
Children in dependency and neglect proceedings are one of the most vulnerable groups in our legal system. Nationally, their legal representation comes in many forms. In Colorado, juvenile courts assign guardians ad litem (GALs) to children in these proceedings. GALs are lawyers who represent the children's best interests. For many years, GALs faced an ethical dilemma: should confidentiality, as proscribed by the Colorado Rules of Professional Conduct, apply to the GAL-child relationship. In People v. Gabriesheski, the Colorado Supreme Court held that GALs are not their children's lawyers and, thus, confidentiality does not exist between GALs and children. While this …
Regulating Hydraulic Fracturing Through Land Use: State Preemption Prevails, Kevin J. Duffy
Regulating Hydraulic Fracturing Through Land Use: State Preemption Prevails, Kevin J. Duffy
University of Colorado Law Review
Hydraulic fracturing enables oil and gas operators to maximize hydrocarbon extraction from unconventional reservoirs. The increasing prevalence of fracturing generates robust debate and review of the environmental and economic impacts of the practice. An unbiased political dialogue of fracturing proves challenging. The technical complexity of the process and the divergent perceptions of local and state decision-makers foment regulatory tension. A division-of authority contest between the state government and home-rule cities ensues. In Colorado, state-level preemption gives courts a tool to invalidate local regulation of oil and gas activities where an operational conflict exists between the state and local law. However, …
The Spending Power And Environmental Law After Sebelius, Erin Ryan
The Spending Power And Environmental Law After Sebelius, Erin Ryan
University of Colorado Law Review
In National Federation of Independent Business v. Sebelius, a plurality of the Supreme Court held that portions of the Affordable Care Act exceeded federal authority under the Spending Clause. With that holding, Sebelius became the first Supreme Court decision since the New Deal to limit an act of Congress on spending-power grounds, rounding out the "New Federalism" limits on federal power first initiated by the Rehnquist Court in the 1990s. The new Sebelius doctrine constrains the federal spending power in contexts involving changes to ongoing intergovernmental partnerships with very large federal grants. However, the decision gives little direction for evaluating …
Fracking As A Federalism Case Study, Amanda C. Leiter
Fracking As A Federalism Case Study, Amanda C. Leiter
University of Colorado Law Review
No abstract provided.
Swing State Rulings On Restrictive Voting Laws Highlight The Need For Comprehensive Electoral Reform, Michael Lavigne
Swing State Rulings On Restrictive Voting Laws Highlight The Need For Comprehensive Electoral Reform, Michael Lavigne
University of Colorado Law Review
The right to elect our leaders has been one of the defining features of America's political system from its very beginning. Throughout the two and a half centuries that the United States has existed, that right to vote has gradually been expanded to previously disenfranchised groups, and strengthened through legislation like the Voting Rights Act, Help America Vote Act, and National Voter Registration Act. However, recent elections-such as Florida in 2000 and Ohio in 2004-have shown that the right to vote can still be undermined by incompetent or conflicted officials. Additionally, measures whose purpose is ostensibly to prevent voter fraud, …
Meaningful Consultation With Tribal Governments: A Uniform Standard To Guarantee That Federal Agencies Properly Consider Their Concerns, Michael Eitner
Meaningful Consultation With Tribal Governments: A Uniform Standard To Guarantee That Federal Agencies Properly Consider Their Concerns, Michael Eitner
University of Colorado Law Review
"Mount Tenabo is the source of our creation stories and is a central part of our spiritual world view. . . . It holds the Puha, or life force, of the Creator. We pray to the Mountain for renewal, which comes from Mt. Tenabo's special place in Western Shoshone religion.' ' - Sandy Dann, Western Shoshone The obligation that federal agencies consult with Indian tribes regarding undertakings that impact tribal interests is grounded in various statutes, implementing regulations, and Executive Order 13,175. Currently, tribes confront a variety of approaches to consultation because each agency develops its own standards for conducting …
Unbundling Federalism: Colorado's Legalization Of Marijuana And Federalism's Many Forms, Jessica Bulman-Pozen
Unbundling Federalism: Colorado's Legalization Of Marijuana And Federalism's Many Forms, Jessica Bulman-Pozen
University of Colorado Law Review
This short Essay argues that various attributes we associate with federalism should not be deemed necessary components of federalism as a definitional or normative matter. Using Colorado's recent legalization of marijuana as a case study, it shows how two such attributes-an autonomous realm of state action and independent state officials with distinctive interests-can be pulled apart. State officials often further their interests and effectively oppose federal policy when they participate in the same statutory scheme as federal actors instead of operating in a separate, autonomous sphere. At the same time, state officials frequently rely on the autonomous lawmaking and executive …
Immigration And Cooperative Federalism: Toward A Doctrinal Framework, Ming H. Chen
Immigration And Cooperative Federalism: Toward A Doctrinal Framework, Ming H. Chen
University of Colorado Law Review
No abstract provided.
Cooperative Federalism And State Marijuana Regulation, Sam Kamin
Cooperative Federalism And State Marijuana Regulation, Sam Kamin
University of Colorado Law Review
No abstract provided.
Comparative Institutional Competency And Sovereignty In Indian Affairs, Michalyn Steele
Comparative Institutional Competency And Sovereignty In Indian Affairs, Michalyn Steele
University of Colorado Law Review
While vigorous debate surrounds the proper scope and ambit of inherent tribal authority, there remains a critical antecedent question: whether Congress or the courts are ultimately best situated to define the contours of inherent tribal authority. In February 2013, Congress enacted controversial tribal jurisdiction provisions as part of the Violence Against Women Act reauthorization recognizing and affirming inherent tribal authority to prosecute all persons, including non-Indian offenders, for crimes of domestic violence in Indian country. This assertion by Congress of its authority to set the bounds of tribal inherent authority-beyond where the United States Supreme Court has held tribal inherent …
Murder, Minority, Victims, And Mercy, Aya Gruber
Murder, Minority, Victims, And Mercy, Aya Gruber
University of Colorado Law Review
Should the jury have acquitted George Zimmerman of Trayvon Martin's murder? Should enraged husbands receive a pass for killing their cheating wives? Should the law treat a homosexual advance as adequate provocation for killing? Criminal law scholars generally answer these questions with a resounding "no." Theorists argue that criminal laws should not reflect bigoted perceptions of African Americans, women, and gays by permitting judges and jurors to treat those who kill racial and gender minorities with undue mercy. According to this view, murder defenses like provocation should be restricted to ensure that those who kill minority victims receive the harshest …
Who May Hire Teachers: How Mutual Consent Fits Into The Current Colorado Hiring Framework, Amanda R. Levin
Who May Hire Teachers: How Mutual Consent Fits Into The Current Colorado Hiring Framework, Amanda R. Levin
University of Colorado Law Review
In 2010, the Colorado General Assembly passed the Ensuring Quality Instruction through Education Effectiveness Act (S.B. 191). The law ties teachers' job security to the performance of their students, among other things, and changes the way that teachers and principals are evaluated. One crucial aspect of the law, and the subject of this Comment, is the mutual consent provision. This provision provides principals with the power to ensure the effectiveness of their teachers within their own schools by means of allowing them to oversee the hiring process of teachers. The mutual consent provision states that teachers can only be hired …
Whole-System Agricultural Certification: Using Lessons Learned From Leed To Build A Resilient Agricultural System To Adapt To Climate Change, Mary Jane Angelo, Joanna Reilly-Brown
Whole-System Agricultural Certification: Using Lessons Learned From Leed To Build A Resilient Agricultural System To Adapt To Climate Change, Mary Jane Angelo, Joanna Reilly-Brown
University of Colorado Law Review
This Article proposes a novel approach to addressing global climate change's impacts on agricultural production and food security. The climate change crisis is the most significant environmental issue facing our planet. The changes predicted to occur as the earth's climate warms include significant impacts to agriculture. At the same time that the planet is undergoing dramatic climatic changes, the global population is increasing, and economic development in many parts of the world is exerting increased demand for a greater and more diverse supply of food. The relationship between climate change and agriculture is a close and complex one, as the …
"Whiffs Of Federalism" In United States V. Windsor: Power, Localism, And Kulturkampf, Marc R. Poirier
"Whiffs Of Federalism" In United States V. Windsor: Power, Localism, And Kulturkampf, Marc R. Poirier
University of Colorado Law Review
No abstract provided.