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- The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18) (8)
- All Faculty Scholarship (4)
- Book Chapters (3)
- Celebrating the Centennial of the Antiquities Act (October 9) (3)
- Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13) (2)
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- A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8) (1)
- A Sweet Home No More?: The Future for Habitat Protection Under the Endangered Species Act (November 29) (1)
- Air Quality and Transportation on Colorado's Front Range: Taking Responsibility for Difficult Choices (March 12) (1)
- Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14) (1)
- Articles (1)
- Articles by Maurer Faculty (1)
- Australian Security and Intelligence Conference (1)
- CRHR: Archaeology (1)
- CRRAR Publications (1)
- Environmental Regulation of Oil and Gas Development on Tribal Lands: Who Has the Authority? (November 1) (1)
- Faculty Scholarship (1)
- Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1) (1)
- Hampton Roads Intergovernmental Pilot Project: Reports (1)
- Implications of FERC Order No. 636 for the Natural Gas Industry (March 13) (1)
- Journal Articles (1)
- Law Faculty Scholarship (1)
- Research Collection Yong Pung How School Of Law (1)
- The Aftermath of Kansas v. Colorado: Regulation of Well Pumping in the Arkansas Valley (September 18) (1)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (1)
- The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10) (1)
- Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13) (1)
- Whooping Cranes and Piping Plovers: Watershed Problem Solving on the Platte (April 27) (1)
Articles 1 - 30 of 42
Full-Text Articles in Law
Science, Technology, Society, And Law, Paolo Davide Farah, Justo Corti Varela
Science, Technology, Society, And Law, Paolo Davide Farah, Justo Corti Varela
Book Chapters
Traditionally, science and technology have been granted as sources of knowledge and objective truth. However, much more recently, they are also seen as human activities, conducted in a social environment. This new approach focuses on the intersections between science, technology and society, and particularly their regulation by the law. Concerns on how to best regulate the interaction come up in modern societies, and when either their use or their impacts are global, international law and international organizations become involved. The impact of the fourfold relation is so high that science and technology are seen as one of the reasons for …
The Interlinkages Science-Technology-Law: Information And Communication Society, Knowledge-Based Economy And The Rule Of Law, Giovanni Bombelli, Paolo Davide Farah
The Interlinkages Science-Technology-Law: Information And Communication Society, Knowledge-Based Economy And The Rule Of Law, Giovanni Bombelli, Paolo Davide Farah
Book Chapters
This chapter focuses on the circular and complex relationship between science, technology, society, and law. The technology/society connection focuses on the democratic deficit issue. The democratic deficit would be a consequence of the lack of adaptability of western democracy to complex (information) societies, where technology (and the increasing access to data that it permits) is separating the connection between information and knowledge (as well as the classical legitimacy couple of democracy-truth) moving these societies towards a technocracy. On one hand, the technology-law circle deals with the progressive reduction of law to a normative technique (since the law is always late …
The Intersections Among Science, Technology, Policy And Law: In Between Truth And Justice, Paolo Davide Farah, Justo Corti Varela
The Intersections Among Science, Technology, Policy And Law: In Between Truth And Justice, Paolo Davide Farah, Justo Corti Varela
Book Chapters
Different visions on the interaction between science, technology, policy and law have been presented. As common axe, we can detect the continuous search for truth and justice. Science and Law as social constructs, the distinction between truths and opinions through procedural method based on evidence and rationality, or how natural science “things” became facts, and consequently “truth”, are examples of this search. The evidence-gathering process that integrates scientific evidence into trial (sometimes by procedure and other times by a more substantive approach) is another possible approach. Of course, that the game of mutual influence among the four elements creates contradictions …
User Guided Abductive Proof Generation For Answer Set Programming Queries, Avishkar Mahajan, Martin Strecker, Meng Weng (Huang Mingrong) Wong
User Guided Abductive Proof Generation For Answer Set Programming Queries, Avishkar Mahajan, Martin Strecker, Meng Weng (Huang Mingrong) Wong
Research Collection Yong Pung How School Of Law
We present a method for generating possible proofs of a query with respect to a given Answer Set Programming (ASP) rule set using an abductive process where the space of abducibles is automatically constructed just from the input rules alone. Given a (possibly empty) set of user provided facts, our method infers any additional facts that may be needed for the entailment of a query and then outputs these extra facts, without the user needing to explicitly specify the space of all abducibles. We also present a method to generate a set of directed edges corresponding to the justification graph …
The Promise And Limits Of Lawfulness: Inequality, Law, And The Techlash, Salomé Viljoen
The Promise And Limits Of Lawfulness: Inequality, Law, And The Techlash, Salomé Viljoen
Articles
In response to widespread skepticism about the recent rise of “tech ethics”, many critics have called for legal reform instead. In contrast with the “ethics response”, critics consider the “lawfulness response” more capable of disciplining the excesses of the technology industry. In fact, both are simultaneously vulnerable to industry capture and capable of advancing a more democratic egalitarian agenda for the information economy. Both ethics and law offer a terrain of contestation, rather than a predetermined set of commitments by which to achieve more democratic and egalitarian technological production. In advancing this argument, the essay focuses on two misunderstandings common …
Law's Halo And The Moral Machine, Bert I. Huang
Law's Halo And The Moral Machine, Bert I. Huang
Faculty Scholarship
How will we assess the morality of decisions made by artificial intelligence – and will our judgments be swayed by what the law says? Focusing on a moral dilemma in which a driverless car chooses to sacrifice its passenger to save more people, this study offers evidence that our moral intuitions can be influenced by the presence of the law.
Tactful Inattention: Erving Goffman, Privacy In The Digital Age, And The Virtue Of Averting One's Eyes, Elizabeth De Armond
Tactful Inattention: Erving Goffman, Privacy In The Digital Age, And The Virtue Of Averting One's Eyes, Elizabeth De Armond
All Faculty Scholarship
No abstract provided.
How Much Should We Spend To Protect Privacy?: Data Breaches And The Need For Information We Do Not Have, Richard Warner, Robert Sloan
How Much Should We Spend To Protect Privacy?: Data Breaches And The Need For Information We Do Not Have, Richard Warner, Robert Sloan
All Faculty Scholarship
A cost/benefit approach to privacy confronts two tradeoff issues. One is making appropriate tradeoffs between privacy and many goals served by the collection, distribution, and use of information. The other is making tradeoffs between investments in preventing unauthorized access to information and the variety of other goals that also make money, time, and effort demands. Much has been written about the first tradeoff. We focus on the second. The issue is critical. Data breaches occur at the rate of over three a day, and the aggregate social cost is extremely high. The puzzle is that security experts have long explained …
A General Approach For Predicting The Behavior Of The Supreme Court Of The United States, Daniel Katz
A General Approach For Predicting The Behavior Of The Supreme Court Of The United States, Daniel Katz
All Faculty Scholarship
Building on developments in machine learning and prior work in the science of judicial prediction, we construct a model designed to predict the behavior of the Supreme Court of the United States in a generalized, out-of-sample context. To do so, we develop a time-evolving random forest classifier that leverages unique feature engineering to predict more than 240,000 justice votes and 28,000 cases outcomes over nearly two centuries (1816-2015). Using only data available prior to decision, our model outperforms null (baseline) models at both the justice and case level under both parametric and non-parametric tests. Over nearly two centuries, we achieve …
Harnessing Legal Complexity, Daniel Katz, J. Ruhl, M Bommarito
Harnessing Legal Complexity, Daniel Katz, J. Ruhl, M Bommarito
All Faculty Scholarship
No abstract provided.
Judging Adaptive Management Practices Of U.S. Agencies, Robert L. Fischman, J. B. Ruhl
Judging Adaptive Management Practices Of U.S. Agencies, Robert L. Fischman, J. B. Ruhl
Articles by Maurer Faculty
All U.S. federal agencies administering environmental laws purport to practice adaptive management (AM), but little is known about how they actually implement this conservation tool. A gap between the theory and practice of AM is revealed in judicial decisions reviewing agency adaptive management plans. We analyzed all U.S. federal court opinions published through 1 January 2015 to identify the agency AM practices courts found most deficient. The shortcomings included lack of clear objectives and processes, monitoring thresholds, and defined actions triggered by thresholds. This trio of agency shortcuts around critical, iterative steps characterizes what we call AM-lite. Passive AM differs …
Hyperlegality And Heightened Surveillance: The Case Of Threatened Species Lists, Irus Braverman
Hyperlegality And Heightened Surveillance: The Case Of Threatened Species Lists, Irus Braverman
Journal Articles
My contribution to the Debate "Thinking about Law and Surveillance" focuses on the project of governing nonhuman species through care, briefly pointing to how law and surveillance are interwoven in this context and to how conservation's biopolitical regimes are increasingly becoming more abstract, standardized, calculable, and algorithmic in scope. I argue that conservation’s focus on governing through care lends itself to heightened modes of surveillance and to hyperlegality - namely, to the intensified inspection and regulation of both governed and governing actors. I start with some preliminary explanations about my atypical use of the terms surveillance, law, and biopolitics.
Legal Primer, Hampton Roads Sea Level Rise Preparedness And Resilience Intergovernmental Pilot Project, Legal Working Goup
Legal Primer, Hampton Roads Sea Level Rise Preparedness And Resilience Intergovernmental Pilot Project, Legal Working Goup
Hampton Roads Intergovernmental Pilot Project: Reports
A legal primer developed by the Legal Working Group of the Hampton Roads Sea Level Rise Preparedness and Resilience Intergovernmental Pilot Project. Includes a memo from Roy A. Hoagland, Chair of the IPP Legal Working Group and Director of the Virginia Coastal Policy Clinic at William & Mary Law School to Jim Redick, Chair of the IPP Steering Committee, dated August 13, 2015.
I Remember Richelieu: Is Anything Secure Anymore?, Michael G. Crowley, Michael N. Johnstone
I Remember Richelieu: Is Anything Secure Anymore?, Michael G. Crowley, Michael N. Johnstone
Australian Security and Intelligence Conference
Petraeus-gate, hacked nude celebrity photos in the cloud and the recent use of a search and seizure warrant in the United States of America to seek production of customer email contents on an extraterritorial server raises important issues for the supposably safe storage of data on the World Wide Web. Not only may there be nowhere to hide in cyberspace but nothing in cyberspace may be private. This paper explores the legal and technical issues raised by the these matters with emphasis on the courts decision “In the Matter of a Warrant to Search a Certain E-Mail Account Controlled and …
Consilience: Radiocarbon, Instrumental Neutron Activation Analysis, And Litigation In The Ancestral Caddo Region, Robert Z. Selden Jr.
Consilience: Radiocarbon, Instrumental Neutron Activation Analysis, And Litigation In The Ancestral Caddo Region, Robert Z. Selden Jr.
CRHR: Archaeology
Through the creation and analysis of databases for radiocarbon, instrumental neutron activation analysis (INAA), and law, macro-level trends are exposed that form the framework of a broader research program aimed at advancing ideas of craft specialization and archaeological theory in the ancestral Caddo region of Southwest Arkansas, Northwest Louisiana, Northeast Texas, and Southeast Oklahoma. The findings of this investigation illustrate the research potential that remains buried within the context of cultural resource management (CRM) reports and legal databases (Westlaw and LexisNexis) that is awaiting consumption within regional research designs aimed at exploring the nuances and trends that appear through synthetic …
Agenda: Drafting Model Laws On Indoor Pollution For Developing And Developed Nations, University Of Colorado Boulder. Center For Energy & Environmental Security, Colorado Natural Resources, Energy And Environmental Law Review
Agenda: Drafting Model Laws On Indoor Pollution For Developing And Developed Nations, University Of Colorado Boulder. Center For Energy & Environmental Security, Colorado Natural Resources, Energy And Environmental Law Review
Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13)
On July 12 and 13, 2012, experts convened at Colorado Law to demonstrate the extent to which a model law could help address the global problem of indoor air pollution from inefficient cook stoves. The air pollution that results from inefficiently burning biomass as fuel for cooking has serious health and climatic consequences. The workshop produced two sets of Model Laws and commentaries to help nations solve the problem, and the commentaries were published in the Colorado Natural Resources, Energy, and Environmental Law Review.
Drafting Model Laws On Indoor Pollution For Developing And Developed Nations Workshop, July 12-13, 2012, Boulder, Colorado: Introduction, Lakshman Guruswamy
Drafting Model Laws On Indoor Pollution For Developing And Developed Nations Workshop, July 12-13, 2012, Boulder, Colorado: Introduction, Lakshman Guruswamy
Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13)
11 pages.
"This Essay introduces the framework for deliberation and legislative drafting undertaken at the workshop: Drafting Model Laws on Indoor Pollution for Developing and Developed Nations on July 12-13, 2012, in Boulder, Colorado. There are a number of fundamental premises upon which the workshop was based, and this Essay refers to the most salient among them."-- Excerpted from 24 Colo. Nat. Resources, Energy & Envtl. L. Rev. 319 (2013).
Why Care About The Polar Bear?: Economic Analysis Of Natural Resources Law And Policy [Outline], Lisa Heinzerling
Why Care About The Polar Bear?: Economic Analysis Of Natural Resources Law And Policy [Outline], Lisa Heinzerling
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
1 page.
"Lisa Heinzerling, Georgetown Law School" -- Agenda
Some Peer-To-Peer, Democratically And Voluntarily Produced Thoughts About 'The Wealth Of Networks: How Social Production Transforms Markets And Freedom,' By Yochai Benkler, Ann Bartow
Law Faculty Scholarship
In this review essay, Bartow concludes that The Wealth of Networks: How Social Production Transforms Markets and Freedom by Yochai Benkler is a book well worth reading, but that Benkler still has a bit more work to do before his Grand Unifying Theory of Life, The Internet, and Everything is satisfactorily complete. It isn't enough to concede that the Internet won't benefit everyone. He needs to more thoroughly consider the ways in which the lives of poor people actually worsen when previously accessible information, goods and services are rendered less convenient or completely unattainable by their migration online. Additionally, the …
Antiquities Act Monuments: The Elgin Marbles Of Our Public Lands?, James R. Rasband
Antiquities Act Monuments: The Elgin Marbles Of Our Public Lands?, James R. Rasband
Celebrating the Centennial of the Antiquities Act (October 9)
13 pages.
Includes bibliographical references
Slides: The Monumental Legacy Of The Antiquities Act Of 1906: The Rainbow Bridge National Monument In Context, Mark Squillace
Slides: The Monumental Legacy Of The Antiquities Act Of 1906: The Rainbow Bridge National Monument In Context, Mark Squillace
Celebrating the Centennial of the Antiquities Act (October 9)
Presenter: Professor Mark Squillace, Director, Natural Resources Law Center, University of Colorado School of Law
35 slides
Slides: The Centennial Of The Antiquities Act: A Cause For Celebration?, James R. Rasband
Slides: The Centennial Of The Antiquities Act: A Cause For Celebration?, James R. Rasband
Celebrating the Centennial of the Antiquities Act (October 9)
Presenter: Professor James R. Rasband, Brigham Young University School of Law
20 slides
Critical Questions In Computational Models Of Legal Argument, Douglas Walton, Thomas F. Gordon
Critical Questions In Computational Models Of Legal Argument, Douglas Walton, Thomas F. Gordon
CRRAR Publications
Two recent computational models of legal argumentation, by Verheij and Gordon respectively, have interpreted critical questions as premises of arguments that can be defeated using Pollock’s concepts of undercutters and rebuttals. Using the scheme for arguments from expert opinion as an example, this paper evaluates and compares these two models of critical questions from the perspective of argumentation theory and competing legal theories about proof standardsfor defeating presumptions. The applicable proof standard is found to be a legal issue subject to argument. Verheij’smodel is shown to have problems because the proof stan-dards it applies to different kinds of premises are …
Conference Summary: Water, Climate And Uncertainty: Implications For Western Water Law, Policy, And Management, Steve Bailey
Conference Summary: Water, Climate And Uncertainty: Implications For Western Water Law, Policy, And Management, Steve Bailey
Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)
7 pages.
"Steve Bailey, National Center for Atmospheric Research"
The Legal Response To International Water Scarcity And Water Conflicts: The Un Watercourses Convention And Beyond, Patricia Wouters
The Legal Response To International Water Scarcity And Water Conflicts: The Un Watercourses Convention And Beyond, Patricia Wouters
Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)
46 pages.
Contains footnotes.
Agenda: A Cartography Of Governance: Exploring The Province Of Environmental Ngos, University Of Colorado Boulder. School Of Law, University Of Colorado Boulder. Environmental Program, University Of Tulsa. National Energy-Environment Law & Policy Institute, University Of Colorado Boulder. United Government Of Graduate Students
Agenda: A Cartography Of Governance: Exploring The Province Of Environmental Ngos, University Of Colorado Boulder. School Of Law, University Of Colorado Boulder. Environmental Program, University Of Tulsa. National Energy-Environment Law & Policy Institute, University Of Colorado Boulder. United Government Of Graduate Students
A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8)
Presented by: the Colorado Journal of International Environmental Law and Policy on April 7 & 8, 2001. Symposium director: Lakshman D. Guruswamy.
Co-sponsored by: University of Colorado School of Law, University of Colorado Environmental Program, University of Tulsa National Energy-Environment Law and Policy Institute, University of Colorado United Government of Graduate Students.
The papers and edited proceedings of the conference will be published in a special symposium issue of the Colorado Journal of International Environmental Law & Policy (CJIELP).
"The first objective of the Symposium was to understand and explore the growing importance of nongovernmental actors, and delineate the manner …
Air Quality And Transportation On Colorado's Front Range: Taking Responsibility For Difficult Choices, Wade Buchanan, David A. Pampu, Christine Lipaj Shaver, University Of Colorado Boulder. Natural Resources Law Center
Air Quality And Transportation On Colorado's Front Range: Taking Responsibility For Difficult Choices, Wade Buchanan, David A. Pampu, Christine Lipaj Shaver, University Of Colorado Boulder. Natural Resources Law Center
Air Quality and Transportation on Colorado's Front Range: Taking Responsibility for Difficult Choices (March 12)
15 pages.
Collection of 3 papers presented at the Hot Topics in Natural Resources Law program held on March 12, 1996.
Includes biographical information for Wade Buchanan, David A. Pampu, and Christine Lipaj Shaver.
With communities along Colorado's Front Range continuing to grow at a rapid rate, government, private businesses and citizens are faced with difficult choices concerning air quality and transportation. Can we control the "brown cloud" and increasing congestion on our roads and freeways? What decisions and sacrifices must be made, and who will take responsibility for them? Wade Buchanan, Chairman of the Regional Air Quality Council (RAQC), …
A Sweet Home No More?: The Future For Habitat Protection Under The Endangered Species Act, Federico Cheever, Murray D. Feldman, University Of Colorado Boulder. Natural Resources Law Center
A Sweet Home No More?: The Future For Habitat Protection Under The Endangered Species Act, Federico Cheever, Murray D. Feldman, University Of Colorado Boulder. Natural Resources Law Center
A Sweet Home No More?: The Future for Habitat Protection Under the Endangered Species Act (November 29)
20 pages.
Includes bibliographical references and biographical information for Federico Cheever and Murray D. Feldman.
Contents:
Babbitt v. Sweet Home Chapter of Communities for a Greater Oregon / Federico Cheever -- The Sweet Home decision and private property issues / Murray D. Feldman -- Memorandum of Agreement between the State of Colorado and the Department of the Interior concerning programs to manage Colorado's declining native species
The U.S. Supreme Court decision in Babbitt v. Sweet Home Chapter of Communities for a Great Oregon,115 S.Ct. 2407 (1995), held that the Department of the Interior reasonably construed Congress' intent when it included …
Environmental Regulation Of Oil And Gas Development On Tribal Lands: Who Has The Authority?, Richard B. Collins, Tom Shipps, Marla Williams, University Of Colorado Boulder. Natural Resources Law Center
Environmental Regulation Of Oil And Gas Development On Tribal Lands: Who Has The Authority?, Richard B. Collins, Tom Shipps, Marla Williams, University Of Colorado Boulder. Natural Resources Law Center
Environmental Regulation of Oil and Gas Development on Tribal Lands: Who Has the Authority? (November 1)
14 pages.
Collection of 3 papers presented at the Hot Topics in Natural Resources Law program held on Nov. 1, 1995.
Includes bibliographical references.
Contents:
Environmental regulation of oil and gas development on tribal lands : who has authority? / Richard Collins -- Environmental regulation of energy resource development on Indian reservation land / Tom Shipps -- Colorado Oil and Gas [Conservation] Commission jurisdiction over environmental matters on Indian lands / Marla Williams
Jurisdiction to regulate the environmental impacts of oil and gas development on the reservation has been contested by tribes, the state, private land owners and federal agencies. …
The Aftermath Of Kansas V. Colorado: Regulation Of Well Pumping In The Arkansas Valley, Hal Simpson, David L. Harrison, Michael T. Mitchell, Steve Arveschoug, University Of Colorado Boulder. Natural Resources Law Center
The Aftermath Of Kansas V. Colorado: Regulation Of Well Pumping In The Arkansas Valley, Hal Simpson, David L. Harrison, Michael T. Mitchell, Steve Arveschoug, University Of Colorado Boulder. Natural Resources Law Center
The Aftermath of Kansas v. Colorado: Regulation of Well Pumping in the Arkansas Valley (September 18)
27 pages.
Contents:
Draft rules and regulations governing the use, control, and protection of surface and ground water rights in the Arkansas River and its tributaries : revised draft, September 6, 1995 / Hal Simpson -- Lower Arkansas Water Management Association viewpoint / David L. Harrison -- Aftermath of Kansas v. Colorado : concerns of surface users / Michael T. Mitchell -- Aftermath of Kansas vs. Colorado : role of the Southeastern Colorado Water Conservancy District / Steve Arveschoug
On May 15, 1995 the Supreme Court handed down its opinion in the case of Kansas v. Colorado, 1995 WL 283477 …