Law Commons^™

Robophobia, Andrew Keane Woods

University of Colorado Law Review

Robots-machines, algorithms, artificial intelligence-play an increasingly important role in society, often supplementing or even replacing human judgment. Scholars have rightly become concerned with the fairness, accuracy, and humanity of these systems. Indeed, anxiety about machine bias is at a fever pitch. While these concerns are important, they nearly all run in one direction: we worry about robot bias against humans; we rarely worry about human bias against robots.

This is a mistake. Not because robots deserve, in some deontological sense, to be treated fairly-although that may be true-but because our bias against nonhuman deciders is bad for us. For example, …

Leveling Up To A Reasonable Woman's Expectation Of Privacy, Victoria Schwartz

University of Colorado Law Review

Various privacy law doctrines involve a reasonable expectation of privacy or similar analyses that take into account social privacy norms. For the most part, however, neither courts nor scholars have explicitly grappled with whether courts descriptively do or normatively should consider gender in deciding what constitutes a reasonable expectation of privacy. This is despite the fact that, in various scenarios, a reasonable woman’s expectation of privacy might vary from a man’s in light of different lived experiences, biological differences, and existing societal gendered privacy norms.

This Article addresses how courts do and should take into account a reasonable woman’s expectation …

One Step Forward, Two Steps Back: How Attorney General Review Undermines Our Immigration Adjudication System, Emma K. Carroll

University of Colorado Law Review

No abstract provided.

Ball Never Lies: How Guaranteed Contracts Provide Nba Players More Security Than Nfl Players To Advocate For Social Justice, Matthew Epstein

University of Colorado Law Review

No abstract provided.

Undocuamerica Monologues, Motus Theater, Alejandro Fuentes Mena, Armando Peniche, Christian Solano-Córdova, Kirsten Wilson

University of Colorado Law Review

The following work contains three monologues from Motus Theater's UndocuAmerica Project, which aims to interrupt dehumanizing portrayals of immigrants by encouraging thoughtful engagement on the challenges faced by undocumented communities and the assets immigrants bring to our country. The monologues were created in a collaboration between leaders with DACA status and Motus Theater Artistic Director Kirsten Wilson during a seventeen-week autobiographical- monologue workshop. All three pieces were presented in a virtual performance on April 8, 2021, as an introduction to the 29th Annual Rothgerber Conference.

Decitizenizing Asian Pacific American Women, Shoba Sivaprasad Wadhia, Margaret Hu

University of Colorado Law Review

The Page Act of 1875 excluded Asian women immigrants from entering the United States, presuming they were prostitutes. This presumption was tragically replicated in the 2021 Atlanta Massacre of six Asian and Asian American women, reinforcing the same harmful prejudices. This Article seeks to illuminate how the Atlanta Massacre is symbolic of larger forms of discrimination, including the harms of decitizenship. These harms include limited access to full citizenship rights due to legal barriers, restricted cultural and political power, and a lack of belonging. The Article concludes that these harms result from the structure of past and present immigration laws …

The Failures Of Good Moral Character Determinations For Naturalization, Zachary New

University of Colorado Law Review

This Article examines the effects of the good-moral-character requirement in naturalization proceedings. Specifically, it looks to such character requirements as a method by which a citizen polity screens out undesirable noncitizens from those who are deserving of inclusion in the "in"g roup of citizenship. The Article discusses historical methods of good-moral-character adjudication, and especially how such methods carried an undercurrent of forgiveness and redemption-an undercurrent lacking in the current method of statutory bars to showings of good moral character. By looking at specific examples of statutory bars to showings of good moral character, this Article argues that the overinclusive nature …

Entrance Fees: Self-Funded Agencies And The Economization Of Immigration, Daimeon Shanks

University of Colorado Law Review

No abstract provided.

Pursuing Citizenship During Covid-19, Ming Hsu Chen

University of Colorado Law Review

No abstract provided.

Lumpy Social Goods In Energy Decarbonization: Why We Need More Than Just Markets For The Clean Energy Transition, Daniel E. Walters

University of Colorado Law Review

To avoid the worst consequences of global climate change, the United States must achieve daunting targets for decarbonizing its electric power sector on a very short timescale. Policy experts largely agree that achieving these goals will require massive investment in new infrastructure to facilitate the deep integration of renewable fuels into the electric grid, including a new national high-voltage electric transmission network and grid-scale electricity storage, such as batteries. However, spurring investment in these needed infrastructures has proven to be challenging, despite numerous attempts by regulators and policymakers to clear a path for market-driven investment. Unchecked, this problem threatens to …

Waste And The Governance Of Private And Public Property, Tara K. Righetti, Joseph A. Schremmer

University of Colorado Law Review

Common law waste doctrine is often overlooked as antiquated and irrelevant. At best, waste doctrine is occasionally examined as a lens through which to evaluate evolutions in modern property theory. We argue here that waste doctrine is more than just a historical artifact. Rather, the principle embedded in waste doctrine underpins a great deal of property law generally, both common law and statutory, as well as the law governing oil and gas, water, and public trust resources. Seen for what it is, waste doctrine provides a fresh perspective on property, natural resources, and environmental law.

In this Article, we excavate …

Fig Leaves, Pipe Dreams, And Myopia: Too-Easy Solutions In Environmental Law, Albert C. Lin

University of Colorado Law Review

Much of environmental law and policy rests on an unspoken premise that accomplishing environmental goals may not require addressing the root causes of environmental problems. For example, rather than regulating risks directly, society may adopt warnings that merely avoid risk, and rather than limiting plastic use and reducing plastic waste, society may adopt recycling programs. Such approaches may be well-intended and come at a relatively low economic or political cost. However, they often prove ineffective, or even harmful, and they may mislead society into believing that further responses are unnecessary.

This Article proposes the concept of "too-easy solutions" to describe …

Can Nature Tourists Police Themselves? Comparing Eco-Pledges In The United States And Palau, Marcia Moana Levitan-Haffer

University of Colorado Law Review

No abstract provided.

Foreword: Arthur E. Wilmarth, Jr., A Scholar Of Uncommon Conviction, Integrity, And Boldness, Patricia A. Mccoy

University of Colorado Law Review

No abstract provided.

Who's Looking Out For The Banks?, Jeremy C. Kress

University of Colorado Law Review

When the Gramm-Leach-Bliley Act authorized financial conglomeration in 1999, Professor Arthur Wilmarth, Jr. presciently predicted that diversified financial holding companies would try to exploit their bank subsidiaries by transferring government subsidies to their nonbank affiliates. To prevent financial conglomerates from taking advantage of their insured depository subsidiaries in this way, policymakers instructed a bank's board of directors to act in the best interests of the bank, rather than the bank's holding company. This symposium Article, written in honor of Professor Wilmarth's retirement, contends that this legal safeguard ignores a critical conflict of interest: the vast majority of large-bank directors also …

The Role Of Rival Litigation In Wilmarth's New Glass-Steagall, Heidi Mandanis Schooner

University of Colorado Law Review

No abstract provided.

Rethinking Kirschner V. J.P. Morgan: How Securities And Banking Laws Should Apply To Syndicated Loans, Joel Crank

University of Colorado Law Review

No abstract provided.

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

University of Colorado Law Review Forum

No abstract provided.

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

University of Colorado Law Review Forum

No abstract provided.

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

University of Colorado Law Review Forum

No abstract provided.

Researching Colorado Employment Law, Jill Sturgeon

Publications

No abstract provided.

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

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

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

Publications

No abstract provided.

A Novel Response: How Law Libraries Adapted To The Pandemic, Aamir S. Abdullah

Publications

No abstract provided.

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 …