Digital Commons Network^™

Force Majeure And The Law Of The Colorado River: The Confluence Of Climate Change, Contracts, And The Constitution, Mary Slosson

University of Colorado Law Review

Climate change is causing significant, permanent changes to the natural world. In the Colorado River Basin, experts forecast that rising temperatures will cause the spread of a drier, more arid climate across the region. The effects of this desertification are already being felt: less rainfall, the loss of deciduous forests, wildfires that engulf urban areas, and a projected 20 to 30 percent reduction in flows on the Colorado River by mid-century. The net effect is an existential crisis for the forty million people that reside in the Colorado River’s watershed. Mitigating the effects of climate change requires swift action. However, …

A First Amendment Failure: Surrendering To Science Misinformation For Bioengineered Foods, Casey J. Nelson

University of Colorado Law Review

Government-compelled commercial disclosures are not unfamiliar to consumers. Common labels include nutrition facts and ingredient information. The National Bioengineered Food Disclosure Standard, which took full force at the start of 2022, is of a different nature. The new law requires all manufacturers, all importers, and certain retailers of bioengineered foods to disclose on the food’s packaging that it has been produced with bioengineering technology. Even so, a large swath of the public is ignorant of “bioengineering’s” true meaning and bioengineering technology’s true quality. The politically charged and fact-lacking debate on bioengineered foods renders this standard an impermissible coercion of speech …

Politics Before Pensions: How New Esg Rules Expose Public Pension System Vulnerabilities, Danilo Risteski

University of Colorado Law Review

As some of the largest institutional investors in the United States, public pension funds wield considerable power over investment decisions. A recent trend highlights this extraordinary power: state pension funds have started exploiting their retirees’ pensions to force investment companies to invest in accordance with their respective states’ political priorities. Nowhere is this trend more obvious than in the environmental, social, and governance field. On one hand, states like Maine have passed legislation prohibiting public pension funds from investing in fossil fuels companies. On the other hand, states like Texas have passed laws prohibiting state entities from doing business with …

Estate To State: Pay-To-Stay Statutes And The Problematic Seizure Of Inherited Property, Brittany L. Deitch

University of Colorado Law Review

Pay-to-stay statutes allow states to recover their incarceration-related expenditures from those who are currently or have formerly been incarcerated. Mass incarceration is expensive, and states have aimed to shift this financial burden from their taxpayers and government coffers to the individuals who experience incarceration. Although pay-to-stay laws take many forms, in general, they authorize the government to seek recompense for an individual’s incarceration costs from the currently or formerly incarcerated person’s assets and income. Many states permit the seizure of inherited property to satisfy this legal financial obligation. Pay-to-stay laws have survived constitutional challenges thus far, but some state legislatures …

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 …

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 …

It’S Past Time: Unionization And Self-Determination In Minor League Baseball, Chris Rowley

University of Colorado Law Review

For more than a century, labor disputes have tormented the relationship between American professional baseball players and management. Although Major League Baseball players unionized in the 1960s, disagreements over workplace conditions and ever-growing profit allocations endured for decades. The first thirty years of collective bargaining between players and League post-unionization fostered notable improvements in players’ labor conditions. However, those years were also plagued by acrimonious negotiations, grievances, lawsuits, lockouts, strikes, and eventually, the cancellation of the 1994 World Series. The story in Minor League Baseball is altogether different. Its players, despite their close nexus with the Major League game, did …

Lexisnexis’S Contract With Ice As Unjust Enrichment, Lizzie Bird

University of Colorado Law Review

For $22.1 million, LexisNexis is currently helping Immigration and Customs Enforcement (ICE) surveil, detain, and deport noncitizens. Like other data brokers, LexisNexis’s role in the collection and sale of personal information has largely been ignored by regulators, judges, and the public. A recent lawsuit against LexisNexis in Illinois includes, among other claims, a claim of unjust enrichment. This often misunderstood and unpopular claim has a complex history which presents both a barrier to relief and an opportunity for advocates to push courts to clarify the doctrine. This Note examines the history of the theory of unjust enrichment, surveys its recent …

Abortions, Location Data, And The Fourth Amendment: Geofence Warrants In A Post-Roe World, Marlaina Pinto

Colorado Technology Law Journal

No abstract provided.

Blockchain Wakes: Balancing The Light And Dark Sides Of Blockchain Through Global Regulation, Harley Mewha

Colorado Technology Law Journal

No abstract provided.

Considering The Price-Anderson Act's Federal Public Liability Action Provisions In The Future Of Nuclear Fusion Power, Pearle M. Lipinski

Colorado Technology Law Journal

No abstract provided.

Editor's Note, Colorado Technology Law Journal

Colorado Technology Law Journal

No abstract provided.

Reversing Privacy Risks: Strict Limitations On The Use Of Communications Metadata And Telemetry Information, Susan Landau, Patricia Vargas Leon

Colorado Technology Law Journal

No abstract provided.

2022 Spectrum Policy Initiative Conference Outcomes Report, Braham Stevenson, Jackson Mcneal, Sean Harms, Xelef Botan

Colorado Technology Law Journal

No abstract provided.

Keynote Address By The Assistant Director For Spectrum Telecom Policy At The White House Office Of Science And Technology Policy, Austin Bonner

Colorado Technology Law Journal

No abstract provided.

Keynote Address By Member Of The U.S. Senate From Colorado-Social Media And Democracy, Michael Bennet

Colorado Technology Law Journal

No abstract provided.

Successful Collaborations Between Indigenous Activists And Academic Linguists: How The International Year Of The Indigenous Languages Led To Three Projects For The International Decade Of The Indigenous Languages, Andrew Cowell, Shannon Bischoff, Monica Macauley, Doug Whalen

Colorado Environmental Law Journal

No abstract provided.

Justice, Resilience, And Disruptive Histories: A South Florida Case Study, Craig (Tony) Anthony Arnold, Frank Bencomo-Suarez, Pierce Stevenson, Elijah Beau Eisert

Colorado Environmental Law Journal

No abstract provided.

Achieving Climate Justice Through Land Back: An Overview Of Tribal Dispossession, Land Return Efforts, And Practical Mechanisms For #Landback, Vanessa Racehorse, Anna Hohag

Colorado Environmental Law Journal

No abstract provided.

The Enemy Of My Enemy Is My Friend. The Return Of Wolves Through Federal Authority And Tribal Treaty Rights, Cameron Abatti

Colorado Environmental Law Journal

No abstract provided.

Voices Of The River: The Rise Of Indigenous Women Leaders In The Colorado River Basin, Heather Tanana

Colorado Environmental Law Journal

Climate change is one of the leading challenges facing tribes today. Traditionally, Indigenous women played significant roles in tribal decisionmaking and governance. However, European contact and colonization shifted gender dynamics, imposing male-dominated leadership. Recently, Native American women are reclaiming leadership positions-formally within tribal government, as well as informally in prominent community roles. These women are poised to lead the way in protecting their communities against climate change impacts, but support is critical to sustaining pathways to leadership. This article discusses the disproportionate impacts of climate change on tribes and highlights the rise ofIndigenous female leadership within the Colorado River Basin …

Power To The People: How Ferc Can Support Energy Grid Resiliency Through Microgrids, Grace Jimenez

Colorado Environmental Law Journal

No abstract provided.

Visions For The International Decade Of Indigenous Languages 2022-2032, Kristen Carpenter, Andrew Cowell, Alexis Palmer

Colorado Environmental Law Journal

No abstract provided.

International Language Diplomacy: The United Nations International Decade Of Indigenous Languages, Alesksei Tsykarev

Colorado Environmental Law Journal

No abstract provided.

Indigenous Language Leaders: Perspectives On The International Decade Of Indigenous Languages, Justin Neely, Billie Sutton, Richard Kistabish, Rosalyn Lapier

Colorado Environmental Law Journal

No abstract provided.

Cherokee Identity, National Responsibility, And Global Solidarity: A Tribal Leadership View Of The International Decade Of Indigenous Languages, Chuck Hoskin Jr.

Colorado Environmental Law Journal

No abstract provided.

The Bankruptcy Of Purdue Pharma In The Wake Of Big Tobacco, Jacob Hedgpeth

University of Colorado Law Review Forum

Two distinct public health crises shook the United States from 1954 to 2023: nicotine addiction from tobacco products, and opioid addiction starting with Purdue Pharmaceutical’s OxyContin. These crises resulted in millions of deaths and immense costs to the country as a whole. The nicotine crisis ended in a national settlement against four major tobacco manufacturers, which yielded hundreds of millions of dollars for those harmed by these products. The owners of Purdue, however, opted for bankruptcy instead of settlement, keeping the majority of the money made from OxyContin for Purdue’s owners, the Sackler family.

These four tobacco giants and Purdue …

Policies Regulating Gender In Schools: Companion To Identity By Committee (2022), Scott Skinner-Thompson

Research Data

This document, Policies Regulating Gender in Schools: Companion to Identity by Committee (2022), https://docs.google.com/spreadsheets/d/1K6iUkLnmDfaSVykyRaZ3Yqt7XNM9leGO-MQA6p2VbV4/edit?usp=Sharing, was published as an electronic supplement to the article, Scott Skinner-Thompson, Identity by Committee, 57 Harv. C.R.-C.L. L. Rev. 657 (2022), available at https://scholar.law.colorado.edu/faculty-articles/1586.

What Are You Looking At? Emerging Privacy Concerns With Eye Tracking In Virtual Reality, Richard Koch

Colorado Technology Law Journal

No abstract provided.

Subject Index, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.