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Articles 121 - 131 of 131
Full-Text Articles in Law
After Gonzales V. Raich: Is The Endangered Species Act Constitutional Under The Commerce Clause, Bradford C. Mank
After Gonzales V. Raich: Is The Endangered Species Act Constitutional Under The Commerce Clause, Bradford C. Mank
University of Colorado Law Review
In both its 1995 decision United States v. Lopez and in its 2000 decision United States v. Morrison, the Supreme Court had adopted a narrow economic interpretation of congressional authority to regulate intrastate activities under the Commerce Clause. In four separate cases, three circuit courts (the District of Columbia, Fourth, and Fifth Circuits) struggled with deciding whether Congress may still protect endangered and threatened species that have little commercial value under the Commerce Clause after Lopez and Morrison. In each case, the court concluded that Congress did have the authority to protect endangered species under the Commerce Clause, including small …
Coalbed Methane: Crafting A Right To Sell From An Obligation To Vent, L. James Lyman
Coalbed Methane: Crafting A Right To Sell From An Obligation To Vent, L. James Lyman
University of Colorado Law Review
Coalbed methane ("CBM") is a rapidly growing source of energy in the United States, particularly in the Intermountain West. Rather than being captured and utilized, however, much of the recoverable CBM is released into the atmosphere as coal mine methane ("CMM), a byproduct of coal mining. Allowing a federal coal operator to capture and sell or otherwise consume CMM would reduce greenhouse emissions, provide additional fuel for power generation, and avoid the waste of valuable natural resources. However, there is sparse guidance from the federal government regarding the right of federal coal operators to engage in CMM sale. What little …
E-Mail To Rebecca, Dale D. Goble
E-Mail To Rebecca, Dale D. Goble
University of Colorado Law Review
H.L.A. Hart is probably the most important legal theorist in the modern English-speaking world. The intriguing subtitle of Nicola Lacey's intimate biography, "The Nightmare and the Noble Dream, " echoes the name of Hart's 1997 Georgia Law Review paper, in which he identifies two warring, equally inadequate, visions of law in American jurisprudence: the "nightmare" of complete indeterminacy and unbridled judicial discretion and the "noble dream " of a closed, deterministic legal system of judicial restraint. Lacey implies that Hart's life itself was both a nightmare and a noble dream. This book review expands on Lacey's work and suggests how …
Post A Message And Go To Jail: Criminalizing Internet Libel In Japan And The United States, Salil K. Mehra
Post A Message And Go To Jail: Criminalizing Internet Libel In Japan And The United States, Salil K. Mehra
University of Colorado Law Review
In the United States, criminal libel is all but dead. American law professors only write about it to denounce the continued existence of rarely enforced criminal libel statutes. In Japan, however, criminal libel laws have become vital tools in policing injurious speech on the Internet. Defamatory posts lead to police intervention and even arrest. Because the United States is considering regulation of online speech, potentially including criminal penalties, we can learn from the experience of Japan. From a positive perspective, this Article explains why Japan applies such laws to the Internet. From a normative perspective, the Article addresses why broadly …
Local Decisions, National Impact: Why The Public School Textbook Selection Process Should Be Viewpoint Neutral, Rebecca Tanglen
Local Decisions, National Impact: Why The Public School Textbook Selection Process Should Be Viewpoint Neutral, Rebecca Tanglen
University of Colorado Law Review
In its decision in Hazelwood School District v. Kuhlmeier, the Supreme Court determined that in the public school context, government restriction on speech must be related to "legitimate pedagogical concerns." However, the question remains open whether that standard requires such restrictions to be viewpoint neutral; the circuit courts are split on this question. This Comment explores the issue in the context of the public school textbook selection process, concluding that the process should be viewpoint neutral. As an initial matter, it argues that the selection of textbooks for use in the public schools should be analyzed under the public forum …
Arrested Development: An Alternative To Juveniles Serving Life Without Parole In Colorado, Gail B. Goodman
Arrested Development: An Alternative To Juveniles Serving Life Without Parole In Colorado, Gail B. Goodman
University of Colorado Law Review
More than 100 years ago, reformers established a separate juvenile court system meant to protect and rehabilitate delinquent children. However, several U.S. Supreme Court cases in the 1960s and 1970s slowly eroded the special features that distinguished the juvenile court from the criminal court. In addition, newly enacted legislation has facilitated the transfer of juvenile cases to the adult system. As a result, more juveniles are being tried in adult courts and the goals furthered by the juvenile court system are being ignored. Recent Supreme Court decisions and studies regarding adolescent brain development indicate that the current system for treating …
Attempt, Reckless Homicide, And The Design Of Criminal Law, Michael T. Cahill
Attempt, Reckless Homicide, And The Design Of Criminal Law, Michael T. Cahill
University of Colorado Law Review
Most American criminal codes create an offense for recklessly killing another person, and nearly all contain a general provision covering any attempt to commit an offense. This article explores the relation between reckless homicide and attempt, which proves more complex than it appears and also turns out to provide a useful starting point for examination of several broader issues in attempt law and criminal law generally. The idea of "attempted reckless homicide" ("ARH") is largely disfavored by legal scholars and almost, but not quite, universally rejected in American law. Part I of the article questions that hostility. The theoretical arguments …
The Educative Effects Of Direct Democracy: A Research Primer For Legal Scholars, Daniel A. Smith, Caroline J. Tolbert, Daniel C. Bowen
The Educative Effects Of Direct Democracy: A Research Primer For Legal Scholars, Daniel A. Smith, Caroline J. Tolbert, Daniel C. Bowen
University of Colorado Law Review
This article surveys recent studies by political scientists that examine the "educative effects" of ballot measures on political participation and civic engagement, as well as their impact on candidate elections. The article provides legal scholars with empirical evidence that can be used to bolster normative and theoretical claims about the process and politics of direct democracy. The authors conclude by presenting original empirical research on the effects of ballot measures on individual attitudes toward state government and political trust. The article hypothesizes that citizens who are given more opportunities to participate in politics will have more trust in state government. …
When Good Voters Make Bad Policies: Assessing And Improving The Deliberative Quality Of Initiative Elections, John Gastil, Justin Reedy, Chris Wells
When Good Voters Make Bad Policies: Assessing And Improving The Deliberative Quality Of Initiative Elections, John Gastil, Justin Reedy, Chris Wells
University of Colorado Law Review
A majority of United States citizens reside in states that allow voters to directly decide questions of public policy through an initiative or referendum process. Although originally instituted as a check on elitist legislatures, the initiative process has generated its own set of electoral problems. Voters may find themselves under informed or confused about complex public policy issues, while interest groups attempt to manipulate the public with misinformation campaigns. In an examination of research findings from a 2006 statewide poll of likely voters in Washington, this article explores public perceptions, misperceptions and choices in initiative and referendum elections. The authors …
The Climate Of Environmental Justice: Taking Stock- Forward, Maxine A. Burkett
The Climate Of Environmental Justice: Taking Stock- Forward, Maxine A. Burkett
University of Colorado Law Review
No abstract provided.
Climate Change And The Poorest Nations: Further Reflections On Global Inequality, Ruth Gordon
Climate Change And The Poorest Nations: Further Reflections On Global Inequality, Ruth Gordon
University of Colorado Law Review
This article considers climate change from the perspective of the Third World and more particularly from the vantage point of the poorest nations in the international system. It concludes that those nations that are the most geographically and economically vulnerable will also have the least impact on mechanisms to halt the progress of this impending disaster. Hence, climate change is examined as yet another chapter in Third World powerlessness. Despite the fact that low-income nations participate in international deliberations, they do so from an exceedingly weak position that puts them in the untenable position of being on the receiving end …