Digital Commons Network^™

Argument For Statewide Vaccine Mandates—An Ethical And Legal Analysis, Liv Hymowitz

Colorado Law Student Scholars

No abstract provided.

Judicial Underreach: Tiktok Inc. V. Garland'S Implications For National Security And Free Speech, Olivia Sharp

Colorado Law Student Scholars

No abstract provided.

The Domestic Mirror: Tiktok V. Garland, Data Privacy, And Meaningful Free Expression, Olivia Sharp

Colorado Law Student Scholars

No abstract provided.

Beyond The Shield: The Business Judgment Rule As A Tool For Esg Initiatives, Samuel Hawkinson

Colorado Law Student Scholars

No abstract provided.

A New Standard: Default Inclusion Of Children In Clinical Trials, Megyn Gordon

Colorado Law Student Scholars

No abstract provided.

Editor's Note, Emily Derrenbacker

Colorado Environmental Law Journal

No abstract provided.

Table Of Contents, Colorado Environmental Law Journal

Colorado Environmental Law Journal

No abstract provided.

On Shaky Ground: America’S Public Lands Face An Uncertain Future, John Leshy

Colorado Environmental Law Journal

No abstract provided.

The Fight For Public Rights On America’S Waterways, Mark Squillace

Colorado Environmental Law Journal

No abstract provided.

Fencing In A Technological Age: Utilizing Federal Regulatory Frameworks To Implement Virtual Fencing On Federal Public Land, Sam Johnson

Colorado Environmental Law Journal

No abstract provided.

A Précis Of Pfas Legislation In The Southwestern United States, Brenden Catt

Colorado Environmental Law Journal

No abstract provided.

People Over Paper: The Effectiveness Of International Agreements Under Treaty Capture, Eric Nicholson

Colorado Environmental Law Journal

No abstract provided.

Greening With Justice: Evaluating Denver’S Urban Green Space Policies Through An Environmental Justice Lens, Vicente Tapia

Colorado Environmental Law Journal

No abstract provided.

Peak Bagging: The Land Acquisition History And Public Access Rights That Make It Mostly Possible, Andrea Shipton

Colorado Environmental Law Journal

No abstract provided.

Table Of Contents, University Of Colorado Law Review

University of Colorado Law Review

No abstract provided.

Table Of Contents, University Of Colorado Law Review

University of Colorado Law Review

No abstract provided.

The Law Of Health Equity, Govind Persad

Publications

Since 2025, health equity has faced increasing hostility from federal courts, agencies, and the executive branch. Yet health equity’s promise—to narrow stark health gaps along racial, economic, and other lines—remains urgent and widely endorsed by states, localities, and nongovernmental actors. Evaluating how health equity efforts might falter under or surmount these challenges requires understanding their legal underpinnings: the law of health equity.

This Article is the first in legal scholarship to comprehensively examine federal, state, and private sector health equity commitments. It reveals sustained societal recognition of health equity’s importance, while highlighting the need for more precise and actionable definitions. …

The Public Franchise Tradition As A Limit On Patent Takings, Laura E. Dolbow

Publications

A longstanding debate exists over whether patents are forms of “private property” that the Takings Clause protects. Recently, in a different context, the Supreme Court stated that a patent is a specific form of property: a public franchise. Several scholars have argued that the public franchise characterization means patents are not protected by the Takings Clause at all. This Article identifies another potential implication of the public franchise framing. It argues that even if patents are viewed as protected by the Takings Clause, the public franchise framing suggests that the scope of that protection should be quite narrow.

To explore …

Climate Last Resorts, Michael Pappas

Publications

The United States faces a climate crisis, an affordable housing crisis, and, linking them both, an insurance crisis. At the intersection of these concurrent predicaments lie a set of little-known but surprisingly impactful policies: state Insurer of Last Resort (ILR) programs. ILRs are state policies that provide property insurance when private insurance is unavailable, such as when private insurers determine that climate hazards are too risky to underwrite.

This Article argues that long-overlooked ILR programs are quickly becoming lynchpins for addressing some of today’s most pressing concerns around climate, housing, and insurance. Accordingly, ILRs bear urgent attention and reevaluation. In …

The Idea Of Air, Jonathan Skinner-Thompson

Publications

How we view air, especially clean air, has meaningful normative and practical implications. Today, it is commonly recognized as an exhaustible natural resource. But air was not always thought of as something to be conserved, developed, and used. This Article is the first to explore and interrogate that view.

The shift to seeing air as a resource started in the first part of the twentieth century. Previously, air was characterized by its limitless supply of oxygen: a pure public good. Over time, the quality of that good changed, and a precious resource emerged. That resource—especially its chemical and physical characteristics—inspired …

Finite Ventures, Andrew A. Schwartz

Publications

The law endows corporations and other business organizations with the awesome power of perpetual life—unless the charter expressly provides for a certain duration, such as ten years. But does anyone ever actually choose limited life? Why would they?

This article reveals that limited-life business entities—finite ventures—play a significant and underappreciated role in modern commerce. Private equity and venture capital funds, SPACs, and insurance syndicates are all organized with a limited lifespan.

Their motivation? This article claims that limited life is a valuable, but often overlooked, tool for ameliorating agency costs: the managers of a finite venture know they must produce …

Moody V. Netchoice And Telecom Law's First Amendment, Blake Reid

Publications

No abstract provided.

Separation Of Copyright Powers, Blake Reid

Publications

The United States Copyright Office’s multifarious roles in the U.S. copyright system have long prompted uncertainty about its position among the branches of the federal government. From its formal home in the Library of Congress, the chameleonic Office has accumulated a wide range of advisory, rulemaking, adjudicative, and administrative functions that have long prompted questions about both agencies’ exercise of dueling legislative and executive powers.

Despite its increasingly sprawling portfolio and unusual configuration, the Office has never faced a serious separation-of-powers reckoning—until now. In the span of just five days in May 2025, Donald Trump fired the Librarian of Congress …

Jawbreaking And Counterboning, Blake Reid

Publications

FCC Chairman Brendan Carr’s public campaign of unlawful threats against television broadcasters, culminating in the high-profile preemption and later return to air of late-night host Jimmy Kimmel, provides an important natural experiment for the law of jawboning. The Kimmel-Carr episode highlights the challenges of legal remedies against government officials over even the most flagrantly coercive, unlawful, and public jawbones. It also highlights the importance of intermediaries refusing to comply with unlawful demands—what this Essay calls jawbreaking.

Using the Kimmel-Carr episode as a case study, this Essay proposes moving beyond voluntary incentives for jawbreaking to impose a mandatory duty to jawbreak …

Against A Medical Exception To Equal Protection, Govind Persad

Publications

Government regulations of medicine sometimes treat patients differently based on their race or sex. Does heightened scrutiny apply to such regulations—as is usual when law treats someone differently based on a protected characteristic? Or is there a medical exception to equal protection?

Recently, in United States v. Skrmetti, the Supreme Court upheld a law that restricted access to medical treatments for transgender minors. Though its holding did not rely on medical exceptionalism, its discussion reinvigorated interest in a "medical exception" to equal protection: that medical decisions are exempt from the searching review applied when governmental decisions consider protected characteristics.

For …

Open Source Ai, Open Liability Ai, Bryan H. Choi

Publications

The release of open-source AI foundation models has been advertised as “good for the world.” But free public access comes with significant risks of harm. The tacit assumption has been that the “open source” label carries with it automatic immunity from legal liability. Accordingly, critics and skeptics of open-source AI have focused their attacks primarily on whether open-source AI properly qualifies as “open source.”

But the rule of liability for open-source AI should not depend on openness. This Essay explains that the notion of open-source exceptionalism draws upon a discredited theory of charitable immunity. Conventional tort law principles do not …

State Constitutionalism's Fragile Wall, Adam B. Sopko

Publications

The adequate and independent state grounds (AISG) doctrine has long demarcated the perimeter of the U.S. Supreme Court’s authority to review state court decisions, limiting review to questions of federal law. AISG maintains the Court’s primacy over federal law and state courts’ supremacy over state law. A comprehensive review of all filings on the Court’s docket from state courts over the last twenty years reveals that recent applications of AISG consist of subtle but significant departures from existing norms that, together, suggest a reformulation of the Court’s power over state courts that threatens their sovereign law development role. This Essay …

The Colorado River: Searching For Solutions In The Face Of Uncertainty: Conference Summary, Emilia Endara, Douglas Kenney

Books, Reports, and Studies

The Colorado River is facing unprecedented change and uncertainty. Average annual flows continue to decline, and negotiations to craft post-2026 guidelines to manage the river have repeatedly bogged down in disagreements about delivery obligations, sharing shortages, and mandatory conservation. While some clarity may emerge in the coming months, the ability to sustain many existing municipal and agricultural water users is already being compromised. Meanwhile, there is growing recognition that a durable resolution must also address the water rights of sovereign Tribal Nations and better integrate environmental values into river management. All sovereigns, stakeholders, and sectors must work together now more …

Thirst For Data: State Responses To Data Center Water Use, Daniel Anderson, Sydney Stellato

Books, Reports, and Studies

No abstract provided.

The Crimmigrators, Juliet P. Stumpf

University of Colorado Law Review

No abstract provided.