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Articles 1 - 20 of 20
Full-Text Articles in Supreme Court of the United States
Democratic Federalism And The Supreme Court, Keynote Address At The 2023 Ira C. Rothgerber Jr. Conference, Carolyn Shapiro
Democratic Federalism And The Supreme Court, Keynote Address At The 2023 Ira C. Rothgerber Jr. Conference, Carolyn Shapiro
University of Colorado Law Review
No abstract provided.
Colonizing Queerness, Jeremiah A. Ho
Colonizing Queerness, Jeremiah A. Ho
University of Colorado Law Review
This Article investigates how and why the cultural script of inequality persists for queer identities despite major legal advancements such as marriage, anti-discrimination, and employment protections. By regarding LGBTQ legal advancements as part of the American settler colonial project, I conclude that such victories are not liberatory or empowering but are attempts at colonizing queer identities. American settler colonialism’s structural promotion of a normative sexuality illustrates how our settler colonialist legacy is not just a race project (as settler colonialism is most widely studied) but also a race-gender-sexuality project. Even in apparent strokes of progress, American settler colonialism’s eliminationist motives …
Facing The Music: How The Face Act Harms, Rather Than Helps, The Post-Dobbs Abortion Movement, Kyriaki "Kiki" Council
Facing The Music: How The Face Act Harms, Rather Than Helps, The Post-Dobbs Abortion Movement, Kyriaki "Kiki" Council
University of Colorado Law Review
No abstract provided.
“Down Where The Grass Grows”: Municipal Abortion Policies After Dobbs, Martha F. Davis
“Down Where The Grass Grows”: Municipal Abortion Policies After Dobbs, Martha F. Davis
University of Colorado Law Review
When the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization referred future decisions about abortion policies to “elected representatives and the people,” there is no doubt that local governments were included in the designation. In fact, since the 1970s, local governments have been active in pursuing a range of abortion policies in their jurisdictions—both for and against abortion access—that may be in tension with their state governments. Because the ideological orientations of state and local governments often conflict, state preemption is a frequent threat hanging over these local initiatives. There are examples from both sides of the political …
Adoption As Substitute For Abortion?, Malinda L. Seymore
Adoption As Substitute For Abortion?, Malinda L. Seymore
University of Colorado Law Review
In Dobbs v. Jackson Women’s Health Organization, Justice Samuel Alito relied on adoption as part of the justification for holding that abortion is not constitutionally protected. First, he said, “[s]tates have increasingly adopted ‘safe haven’ laws, which generally allow women to drop off babies anonymously.” Second, “a woman who puts her newborn up for adoption today has little reason to fear that the baby will not find a suitable home.” Using adoption as an adequate substitute for abortion is a long-standing strategy for the antiabortion movement, but it is often embraced by pro-choice advocates as well. This position is supportable …
Facts On Trial: Alliance For Hippocratic Medicine V. Fda And The Battle Over Mailed Medication Abortion, Rachel Rebouché .
Facts On Trial: Alliance For Hippocratic Medicine V. Fda And The Battle Over Mailed Medication Abortion, Rachel Rebouché .
University of Colorado Law Review
No abstract provided.
Judges' Varied Views On Textualism: The Roberts-Alito Schism And The Similar District Judge Divergence That Undercuts The Widely Assumed Textualism-Ideology Correlation, Scott A. Moss
University of Colorado Law Review
No abstract provided.
Bob Nagel And The Emptiness Of Supreme Court Standards Of Review, Larry Alexander
Bob Nagel And The Emptiness Of Supreme Court Standards Of Review, Larry Alexander
University of Colorado Law Review
No abstract provided.
A Conversation With Associate Justice Sonya Sotomayor, Sonia Sotomayor
A Conversation With Associate Justice Sonya Sotomayor, Sonia Sotomayor
University of Colorado Law Review
No abstract provided.
A Philosophy Of Hope And A Landscape Of Principle: The Legacy Of David Getches's Federal Indian Law Scholarship, Rebecca Tsosie
A Philosophy Of Hope And A Landscape Of Principle: The Legacy Of David Getches's Federal Indian Law Scholarship, Rebecca Tsosie
University of Colorado Law Review
In this essay, Professor Tsosie documents two important aspects of David Getches's work in the field of federal Indian law. First, Professor Tsosie observes that David Getches was a strong proponent of guiding principles and a consistent structure in the law. Consequently, he was one of the first scholars to observe the ways in which the contemporary Supreme Court was "remapping" the field of federal Indian law, apparently in service of the Court's commitment to states' rights and the protection of mainstream values. David noted the dangers of this "subjectivist" approach and urged a return to the foundational principles of …
Conversation With Associate Justice Ruth Bader Ginsburg, Justice Ruth Bader Ginsburg
Conversation With Associate Justice Ruth Bader Ginsburg, Justice Ruth Bader Ginsburg
University of Colorado Law Review
No abstract provided.
State V. Henderson: A Model For Admitting Eyewitness Identification Testimony, Amy D. Trenary
State V. Henderson: A Model For Admitting Eyewitness Identification Testimony, Amy D. Trenary
University of Colorado Law Review
Eyewitness identification testimony is notoriously unreliable and has significantly contributed to wrongful convictions. Most courts use the standard set forth by the Supreme Court in Manson v. Brathwaite to assess whether eyewitness identifications are sufficiently reliable to present to the jury. But in the thirty-five years since Manson, an extensive body of research has amassed that calls into question the continuing validity of that standard. Researchers have identified numerous system variables (procedural elements subject to official control) and estimator variables (factors related to the witness, perpetrator, and event) that affect the accuracy of eyewitness identifications. The Manson standard fails to …
The Need To Overrule Mapp V. Ohio, William T. Pizzi
The Need To Overrule Mapp V. Ohio, William T. Pizzi
University of Colorado Law Review
This Article argues that it is time to overrule Mapp v. Ohio. It contends that the exclusionary rule is outdated because a tough deterrent sanction is difficult to reconcile with a criminal justice system where victims are increasingly seen to have a stake in criminal cases. The rule is also increasingly outdated in its epistemological assumption which insists officers act on "reasons" that they can articulate and which disparages actions based on "hunches" or "feelings." This assumption runs counter to a large body of neuroscience research suggesting that humans often "feel" or "sense" danger, sometimes even at a subconscious level, …
Accounting For Federalism In State Courts: Exclusion Of Evidence Obtained Lawfully By Federal Agents, Robert M. Bloom, Hilary Massey
Accounting For Federalism In State Courts: Exclusion Of Evidence Obtained Lawfully By Federal Agents, Robert M. Bloom, Hilary Massey
University of Colorado Law Review
After the terrorist attacks on September 11th, Congress greatly enhanced federal law enforcement powers through enactment of the U.S.A. Patriot Act. The Supreme Court has provided more leeway to federal officers in the past few decades by limiting the scope of the exclusionary rule, for example. At the same time, many states have interpreted their constitutions to provide greater individual protections to their citizens than provided by the federal constitution. This phenomenon has sometimes created a wide disparity between the investigatory techniques available to federal versus state law enforcement officers. As a result, state courts sometimes must decide whether to …
Dura Duress: The Supreme Court Mandates A More Rigorous Pleading And Proof Requirement For Loss Causation Under Rule Lob-5 Class Actions, Jared Neas
University of Colorado Law Review
The Supreme Court's holding in Dura Pharmaceuticals, Inc. v. Broudo imposes a heightened pleading requirement for private plaintiffins misrepresentation or omission securities class actions under Rule lOb-5. The Court verified that a plaintiff must adequately plead loss causation in its complaint and rejected the Ninth Circuit's interpretation of the loss causation standard. The Supreme Court held that the plaintif's pleadings in Dura did not meet the loss causation requirement of the Private Securities Litigation Reform Act ("PSLRA'). The Court also rejected the Ninth Circuit's requirement that the alleged misconduct merely "touch upon " the economic loss. Instead, the Supreme Court …
In The Wake Of Republic Of Austria V. Altmann: The Current Status Of Foreign Sovereign Immunity In United States Courts, David P. Vandenberg
In The Wake Of Republic Of Austria V. Altmann: The Current Status Of Foreign Sovereign Immunity In United States Courts, David P. Vandenberg
University of Colorado Law Review
In Republic of Austria v. Altmann, the United States Supreme Court held that conduct predating the passage of the Foreign Sovereign Immunity Act of 1976 could nonetheless be grounds for a claim under the Act. This article begins with a historical survey of foreign sovereign immunity in the U.S. legal system. However, it is foremost an analysis and critique of the Supreme Court's opinion in Altmann. It argues that in the wake of the Court's decision, the floodgates will not open to a rash of foreign sovereign immunity claims based on long-ago conduct because other factors-both legal and practical will …
A New Prescription For Abortion, Heather A. Smith
A New Prescription For Abortion, Heather A. Smith
University of Colorado Law Review
No abstract provided.
Judicial Activism And Conservative Politics, Ernest A. Young
Judicial Activism And Conservative Politics, Ernest A. Young
University of Colorado Law Review
No abstract provided.
Is Tradition Activist? The Common Law Of The Family In The Liberal Constitutionalist World, James R. Stoner
Is Tradition Activist? The Common Law Of The Family In The Liberal Constitutionalist World, James R. Stoner
University of Colorado Law Review
No abstract provided.
Is There A Distinctive Conservative Jurisprudence?, The Hon. J. Harvie Wilkinson Iii
Is There A Distinctive Conservative Jurisprudence?, The Hon. J. Harvie Wilkinson Iii
University of Colorado Law Review
No abstract provided.