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Articles 91 - 105 of 105
Full-Text Articles in Law
In The Sweat Box: A Historical Perspective On The Detention Of Material Witnesses, Carolyn B. Ramsey
In The Sweat Box: A Historical Perspective On The Detention Of Material Witnesses, Carolyn B. Ramsey
Publications
After the September 11 terrorist attacks, the Justice Department detained scores of allegedly suspicious persons under a federal material witness statute--a tactic that provoked a great deal of controversy. Most critics assume that the abuse of material witness laws is a new development. Yet, rather than being transformed by the War on Terror, the detention of material witnesses is a coercive strategy that police officers across the nation have used since the nineteenth century to build cases against suspects. Fears of extraordinary violence or social breakdown played at most an indirect role in its advent and growth. Rather, it has …
Colorado V. Connelly: What Really Happened, William T. Pizzi
Colorado V. Connelly: What Really Happened, William T. Pizzi
Publications
In 1986, the Supreme Court decided Colorado v. Connelly, a landmark case in due process and fifth amendment law. The case began when Francis Barry Connelly approached a police officer on the street in downtown Denver to confess to having killed a young woman several months earlier in southwest Denver. Because Connelly was suffering from acute schizophrenia and was hearing auditory hallucinations commanding him to confess, state courts suppressed his statements to the police on the grounds (1) that his statements before arrest were involuntary and inadmissible under the due process clause and (2) those statements post-arrest could not …
The Subprime Crisis And The Link Between Consumer Financial Protection And Systemic Risk, Erik F. Gerding
The Subprime Crisis And The Link Between Consumer Financial Protection And Systemic Risk, Erik F. Gerding
Publications
This Article argues that the current global financial crisis, which was first called the “subprime crisis,” demonstrates the need to revisit the division between financial regulations designed to protect consumers from excessively risky loans and safety-and-soundness regulations intended to protect financial markets from the collapse of financial institutions. Consumer financial protection can, and must, serve a role not only in protecting individuals from excessive risk, but also in protecting markets from systemic risk. Economic studies indicate it is not merely high rates of defaults on consumer loans, but also unpredictable and highly correlated defaults that create risks for both lenders …
Formalism And Realism In Ruins (Mapping The Logics Of Collapse), Pierre Schlag
Formalism And Realism In Ruins (Mapping The Logics Of Collapse), Pierre Schlag
Publications
After laying out a conventional account of the formalism vs. realism debates, this Article argues that formalism and realism are at once impossible and entrenched. To say they are impossible is to say that they are not as represented--that they cannot deliver their promised goods. To say that they are entrenched is to say that these forms of thought are sedimented as thought and practice throughout law's empire. We live thus amidst the ruins of formalism and realism. The disputes between these two great determinations of American law continue today, but usually in more localized or circumscribed forms. We see …
Why Waste Water? A Bifurcated Proposal For Managing, Utilizing, And Profiting From Coalbed Methane Discharged Water, Samuel S. Bacon
Why Waste Water? A Bifurcated Proposal For Managing, Utilizing, And Profiting From Coalbed Methane Discharged Water, Samuel S. Bacon
University of Colorado Law Review
The Coalbed Methane ("CBM") industry is booming throughout the Rocky Mountain West, creating a relatively clean energy alternative, much needed jobs in the region, and a deluge of water pumped from the ground in connection with CBM capture. In order to free the valuable natural gas, companies must first pump out substantial quantities of subsurface water holding the pressurized gas in place. This water varies in quality, from perfectly useful, potable water to poor-quality water with the potential to destroy the surrounding environment. Correspondingly, disposal of the pumped water varies from simply releasing it into streams surrounding the CBM pads …
New York Climate Change Report Card: Improvement Needed For More Effective Leadership And Overall Coordination With Local Government, Patricia E. Salkin
New York Climate Change Report Card: Improvement Needed For More Effective Leadership And Overall Coordination With Local Government, Patricia E. Salkin
University of Colorado Law Review
Climate change has rapidly become a focal point of international environmental policy debate as countries seek to develop and implement strategies to address the critical need to slow the pace of global warming. In the United States, the failure of the federal government to muster the political will necessary to deal with the challenges on a national level has placed the onus on state and local governments to assume a leadership role. As laboratories of innovation, state and local governments continue to experiment with a wide range of policies and initiatives designed to reduce greenhouse gas emissions, promote the use …
Federal Question Jurisdiction And The Federal Arbitration Act, Richard A. Bales, Jamie L. Ireland
Federal Question Jurisdiction And The Federal Arbitration Act, Richard A. Bales, Jamie L. Ireland
University of Colorado Law Review
The Federal Arbitration Act ("FAA") gives signatories to an arbitration agreement the right to have that agreement specifically enforced. The FAA does not, however, confer federal subject matter jurisdiction. Absent federal jurisdiction, a party seeking enforcement under the FAA must sue in state court. State courts, however, are far more likely than federal courts to use state contract law doctrines to avoid enforcing arbitration agreements. This has led parties seeking enforcement to look for other ways into federal court. Some federal courts have found jurisdiction over enforcement actions when the underlying dispute involves a federal question, such as when an …
Value-Based Mandated Health Benefits, Amy B. Monahan
Value-Based Mandated Health Benefits, Amy B. Monahan
University of Colorado Law Review
Mandated health benefit laws figure prominently in health reform debates. These laws, which are primarily enacted by the states, require health insurers to cover specific medical treatment, services, or supplies such as mental health treatment, mammograms, or diabetes testing supplies. Critics argue that mandated health benefit laws increase health insurance costs, decrease consumer choice, and often are the product of rent-seeking, rather than sound public policy. This Article seeks to further the discussion of mandated health benefit laws by systemically identifying permissible rationales for such laws. The justifications identified include addressing (1) market failure that leads to nonavailability of coverage, …
The Solitary Attempt: International Trade Law And The Insulation Of Domestic Greenhouse Gas Trading Schemes From Foreign Emissions Credit Markets, Elias Leake Quinn
The Solitary Attempt: International Trade Law And The Insulation Of Domestic Greenhouse Gas Trading Schemes From Foreign Emissions Credit Markets, Elias Leake Quinn
University of Colorado Law Review
This Comment examines the influence of international trade agreements on the implementation of a hypothetical, domestically- scaled cap-and-trade scheme to facilitate greenhouse gas emissions reductions in the United States. Several areas of intersection are examined, including the contemplation of the credits as commodities for trade and the construction of measures designed to offset any competitive disadvantage such a system might put on domestic companies. The Comment concludes that a domestically-scaled cap-and-trade scheme, while an important step in mitigating global climate change, is vulnerable to challenges under existing international trade agreements. Such challenges, if successful, may in turn drive the convergence …
Accredited Indians: Increasing The Flow Of Private Equity Into Indian Country As A Domestic Emerging Marke, Gavin Clarkson
Accredited Indians: Increasing The Flow Of Private Equity Into Indian Country As A Domestic Emerging Marke, Gavin Clarkson
University of Colorado Law Review
Indian Country is America's domestic emerging market, and, as in other emerging markets, many successful businesses in Indian Country are starving for expansion capital. The U.S. Treasury estimates that the private-equity deficit in Indian Country is $44 billion. While the handful of wealthier tribes might be logical investors in private-equity funds deploying capital in Indian Country, the existing securities laws present a significant impediment. In particular, Regulation D of the Securities Act of 1933 does not treat tribes as "accredited investors," thus denying those tribes the ability to participate in the private-equity market. Since there is no principled reason to …
Not A Failed Experiment: Wilson-Saucier Sequencing And The Articulation Of Constitutional Rights, Paul W. Hughes
Not A Failed Experiment: Wilson-Saucier Sequencing And The Articulation Of Constitutional Rights, Paul W. Hughes
University of Colorado Law Review
This Article considers the two-part sequencing doctrine used in evaluating the qualified immunity defense to claims that government officials have violated federal constitutional rights. This doctrine--often called Wilson-Saucier sequencing- directs courts to first consider whether a plaintiff has properly alleged a constitutional violation before considering whether the defendant is entitled to qualified immunity. The Supreme Court established this rule to ensure that constitutional and statutory rights are fully articulated and refined. This Article provides a unique, empirical evaluation of the rationale underlying Wilson-Saucier sequencing. By comparing judicial decisions before and after Wilson-Saucier sequencing, it offers evidence that mandatory sequencing is …
The Changing Scope Of The United States' Trust Duties To American Indian Tribes: Navajo Nation V. United States, Kimberly C. Perdue
The Changing Scope Of The United States' Trust Duties To American Indian Tribes: Navajo Nation V. United States, Kimberly C. Perdue
University of Colorado Law Review
The mineral wealth beneath Native American lands has been an enduring source of controversy with respect to treaty relations between Indian Tribes and the United States government and the contours of the United States' trust duties to the Tribes. Whereas in past years the process by which minerals like coal have been converted to capital amounted to blatant exploitation of America's indigenous populations, Indian governments have acquired more control over the extraction of their minerals throughout the twentieth century. That this control remains severely limited both by federal regulations and the United States government's complicity with powerful representatives of the …
The Rocky Path From Section 601 Of The Iirira To Issue- Specific Asylum Legislation Protecting The Parents Of Fgm-Vulnerable Children, Andy Rottman
University of Colorado Law Review
Political asylum in the United States is intended to protect those who fear persecution if they are returned to their country of origin. Arguably, the United States asylum system works reasonably well when the asylum seeker fits neatly within the statutory asylum scheme. If, however, asylum seekers' claims fall outside the statute, the asylum system can work inhumane results. In these situations, Congress can use issue-specific legislation to protect a group facing a discrete humanitarian crisis. This was done in section 601 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA"), which explicitly provided asylum protection to …
Ineffective Assistance Of Counsel Under People V. Pozo: Advising Non-Citizen Criminal Defendants Of Possible Immigration Consequences In Criminal Plea Agreements, Lindsay Vangilder
Ineffective Assistance Of Counsel Under People V. Pozo: Advising Non-Citizen Criminal Defendants Of Possible Immigration Consequences In Criminal Plea Agreements, Lindsay Vangilder
University of Colorado Law Review
Tens of thousands of non-citizen criminal defendants are removed from the United States each year. The Sixth Amendment of the United States Constitution and United States Supreme Court jurisprudence guarantee that these non-citizen criminal defendants will have effective assistance of criminal defense counsel, whether they elect to proceed to trial or decide to plead guilty. Although prevailing professional norms require that criminal defense counsel advise non-citizen defendants of possible immigration consequences of plea agreements, many courts do not impose a duty to advise on defense counsel. In fact, many courts deem immigration consequences to be collateral consequences rather than direct …
Modern Lights, Sara C. Bronin
Modern Lights, Sara C. Bronin
University of Colorado Law Review
This Article functions as a companion to a piece, Solar Rights, concurrently published in the Boston University Law Review.1 In that piece, the author analyzed the absence of a coherent legal framework for the treatment of solar rightsthe rights to access and harness the rays of the sun. The growing popularity of, and need for, solar collector technology and other solar uses calls for reform. Answering the call for reform in Solar Rights, this Article proposes a framework within which a solar rights regime might be developed. First, as a baseline, any regime must recognize the natural characteristics of sunlight. …