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Concerning Continuing Jurisdiction To Modify Family Law Orders During The Pendency Of An Appeal., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Protection Of Parties Through The Enforcement Of Proper Surrogacy Agreements., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Assistance For Victims Of Strangulation Who Receive Medical Examinations., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Creation Of The Outdoor Recreation Industry Office In The Office Of Economic Development., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Increased Options For Financing Forest Health Projects, And, In Connection Therewith, Financing Wildfire Mitigation Treatments., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Updates To Prohibitions Against Gender-Based Discrimination To Clarify The Individuals Who Are Included In A Protected Class., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Overpayment Of Workers’ Compensation Benefits., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning A National Assessment Test Score As An Eligibility Criterion For Admission To A Colorado Institution Of Higher Education., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Table Of Contents (Vol. 92, Issue 1)

University of Colorado Law Review

No abstract provided.

Not Your Mule? Disrupting The Political Powerlessness Of Black Women Voters, Chinyere Ezie

University of Colorado Law Review

On the one hundredth anniversary of the Nineteenth Amendment, this Article reflects on the legacy of Black women voters. The Article hypothesizes that even though suffrage was hard fought, it has not been a vehicle for Black women to meaningfully advance their political concerns. Instead, an inverse relationship exists between Black women's political participation and their relative level of socioeconomic and political well-being. Taking recent national elections as a case study, the Article identifies two sources of Black women's political powerlessness: "caretaker voting" and the "trapped constituency problem." The Article concludes that Black women's strong voter turnout coupled with their …

Introduction To The Special Issue: A Retrospective On Race In America, Angela S. Boettcher, Quintin H. Morse, Nora Rainey Olson Cooke, Erin Mclaughlin, Caroline Young, Charissa Wood, Sasha Strong, Natasha Viteri, Taylor Schad

University of Colorado Law Review

No abstract provided.

Food Allergy Bullying As Disability Harassment: Holding Schools Accountable, D'Andra Millsap Shu

University of Colorado Law Review

Millions of American schoolchildren of all ages suffer from food allergies, and increasingly, bullies target these children because of their allergies. If a bully exposes a victim to an allergen, food allergy bullying can sicken or kill within minutes. Food allergy bullying is already responsible for many hospitalizations and at least one death. Most food allergy bullying happens at school, and schools play a crucial part in addressing and preventing bullying. All too often, though, schools fail to take appropriate action. Sovereign immunity and other obstacles insulate public schools from liability in many instances, but federal disability law may provide …

A Pound Of Flesh: How Medical Copayments In Prison Cost Inmates Their Health And Set Them Up For Reoffense, Rachel Wiggins

University of Colorado Law Review

The attitude of acquiescence in legislatures and courts has permitted the American prison system to develop a practice of exploiting the health of its incarcerated population as an additional and excessive form of punishment. This article focuses on a practice widely used in prisons-the imposition of medical copayments- which contributes to the current culture of endangering the physical and mental health of incarcerated persons, all in the name of cost cutting and prisoner control. The problem of medical copayments could be solved by both the courts, which could recognize that the practice serves no legitimate penological interest, and the states …

When The Cat's Away: Techlash, Loot Boxes, And Regulating "Dark Patterns" In The Video Game Industry's Monetization Strategies, Scott Goodstein

University of Colorado Law Review

Part I of this Comment briefly overviews dark patterns and demonstrates how parties have needlessly focused on loot boxes' similarity to gambling rather than addressing dark patterns, the actual source of the video game industry's consumer exploitation. Part II summarizes the video game industry's techlash, showcasing ways that the industry has abused its consumers and how consumers have responded, as well as arguing why governmental intervention is necessary to stop the industry from exploiting end users. Part III first analyzes the Protecting Children from Abusive Games Act ("PCAGA"), a bill introduced in 2019 to regulate loot boxes, and explains why …

Let Cities Decide: End Colorado's Prohibition On Rent Regulation, Virginia Sargent

University of Colorado Law Review

This Comment argues that the Colorado General Assembly should overturn the broad prohibition on modern forms of rent regulation, returning to municipalities the home-rule authority to enact policies like rent stabilization and MIH as affordable housing solutions. Part I explains the emergence of rent regulation nationwide and common forms of rent regulation. Part II describes Colorado's housing crisis before analyzing the State's prohibition on "rent control" alongside the Colorado Supreme Court's broad interpretation of "rent control." Part III argues

that the legislature should overturn restrictions on municipal rent regulation because home-rule municipalities are better positioned than the legislature to (A) …

Environmental Citizen Suits And The Inequities Of Races To The Top, David E. Adelman, Jory Reilly-Diakun

University of Colorado Law Review

Environmental citizen suits were founded on the belief that empowering organizations and individuals to take legal action would provide a backstop against lax federal or state programs. Working in conjunction with the system of cooperative federalism, citizen suits were designed to uphold minimum levels of environmental protection and to provide a restraint on so called "races to the bottom" in which states compete for economic development by relaxing environmental standards. To our knowledge, no one has considered whether the geographic distribution of citizen suits could have the opposite effect-namely, that it reinforces rather than mitigates disparities in the levels of …

Outsourced Emissions: Why Local Governments Should Track And Measure Consumption- Based Greenhouse Gases, Jonathan Rosenbloom

University of Colorado Law Review

While many local governments track greenhouse gas ("GHG") emissions, almost all of them exclude most GHGs associated with consumption. These consumption-based emissions stem from the lifecycle production, pre-purchase transportation, sale, and disposal of goods, food, and services produced outside of a local jurisdiction but consumed inside the jurisdiction. Based on the limited data measuring extraterritorial emissions, these consumption-based emissions amount to more than half-and in some places more than threefourths- of GHG emissions directly connected to local consumption patterns and behaviors. This Article argues that local governments should track and measure these pervasive GHGs. Doing so may unlock meaningful information …

Communities Of Interest In Colorado Redistricting, David Willner

University of Colorado Law Review

Part I of this Article will provide background on redistricting in Colorado, including an overview of recent developments regarding the establishment of an independent commission. Part II will describe the two federal constitutional requirements for redistricting and then explore the state-specific redistricting criteria used in Colorado. Part III includes a geographic profile of the distinct regions of Colorado and then delves into an examination of how communities of interest have been increasingly used in Colorado redistricting during three of the past four redistricting cycles. Part IV of this Article will critique the use of communities of interest and focus on …

Expanding The Administrative Record: Using Pretext To Show "Bad Faith Or Improper Behavior", Laura Boyer

University of Colorado Law Review

This Comment argues that courts should more readily permit extra-record discovery when preliminary signs of pretext strongly suggest "bad faith and improper behavior" by agency decision-makers. 3 1 Section L.A sets the scene by describing the basic mechanics of litigation challenging agency decisions. Section I.B shifts focus by examining two recent Supreme Court decisions that illustrate the Court's struggle to review executive action where an agency seems to have offered a pretextual justification. Part II then shows how agencies' reliance on pretextual justifications is becoming a growing and serious problem-especially within the Trump Administration-and describes a 2017 decision by the …

Contesting The Legacy Of The Nineteenth Amendment: Abortion And Equality From Roe To The Present, Mary Ziegler

University of Colorado Law Review

Beyond the question of suffrage, the Nineteenth Amendment raised the issue of what it would take for women in America to achieve equal citizenship. The meaning of both the Nineteenth Amendment and equality for women remain especially contested in broader conflicts about abortion-and of how those conflicts have changed in fundamental ways in the decades since Roe v. Wade. For some time, fetal rights were pitted against the kinds of concerns about equality for women that drove reformers to seek the vote in 1920. But by the early 1990s, the terms of the conflicts had changed, with both sides claiming …

Working Mothers And The Postponement Of Women's Rights From The Nineteenth Amendment To The Equal Rights Amendment, Julie C. Suk

University of Colorado Law Review

The Nineteenth Amendment's ratification in 1920 spawned new initiatives to advance the status of women, including the proposal of another constitutional amendment that would guarantee women equality in all legal rights, beyond the right to vote. Both the Nineteenth Amendment and the Equal Rights Amendment (ERA) grew out of the long quest to enshrine women's equal status under the law as citizens, which began in the nineteenth century. Nearly a century later, the ERA remains unfinished business with an uncertain future. Suffragists advanced different visions and strategies for women's empowerment after they got the constitutional right to vote. They divided …

Women's Votes, Women's Voices, And The Limits Of Criminal Justice Reform, 1911-1950, Carolyn B. Ramsey

University of Colorado Law Review

Deriving its vigor from the work of grassroots organizations at the state and local levels, the League of Women Voters (LWV) sought, in the first half of the twentieth century, to provide newly enfranchised women with a political education to strengthen their voice in public affairs. Local branches like the San Francisco Center learned from experience-through practical involvement in a variety of social welfare and criminal justice initiatives. This Article, written for a symposium commemorating the centennial of the Nineteenth Amendment, assesses the role of LWV leaders in California and especially San Francisco in reforming three aspects of the criminal …

"Make The Map All White": The Meaning Of Maps In The Prohibition And Suffrage Campaigns, Susan Schulten

University of Colorado Law Review

Maps.have long been deployed as instruments of power, protest, and reform in American history. In the antebellum era, Northerners used maps to galvanize opposition to the expansion of slavery beyond the South. These dramatic and urgent anti-slavery maps served as powerful models for two of the most ambitious challenges to American law in the twentieth century: prohibition and woman's suffrage. Both movements began with regional strengths-suffrage in the West, prohibition in the South. Suffragists and prohibitionists widely circulated maps to highlight those legislative achievements and thereby generate further momentum for their respective causes. After 1913, both the suffrage and prohibition …

Table Of Contents (Vol. 92, Issue 4)

University of Colorado Law Review

No abstract provided.

From Promise To Threat In Language And Law, Marianne Constable

University of Colorado Law Review

No abstract provided.

The Future Of Facts: The Politics Of Public Health And Medicine In Abortion Law, Aziza Ahmed

University of Colorado Law Review

While a great deal of public scrutiny has focused on how information circulates through online outlets including Twitter and Facebook, less attention has been devoted to how more traditional institutions traffic in factual assertions for the sake of setting a particular distributional agenda into motion.1 Of these more traditional institutions, courts play a central role in legitimating legal and factual claims in the process of applying and clarifying legal rules. In public health-related adjudication, courts play at least two important roles: first, judges and juries make decisions between competing sets of public health and medical claims and second, courts legitimate …

Racializing Environmental Justice, Eric K. Yamamoto, Jen-L W. Lyman, Susan K. Serrano

University of Colorado Law Review

No abstract provided.

Structural Deregulation, Jody Freeman, Sharon Jacobs

Publications

Modern critics of the administrative state portray agencies as omnipotent behemoths, invested with vast delegated powers and largely unaccountable to the political branches of government. This picture, we argue, understates agency vulnerability to an increasingly powerful presidency. One source of presidential control over agencies in particular has been overlooked: the systematic undermining of an agency’s ability to execute its statutory mandate. This strategy, which we call “structural deregulation,” is a dangerous and underappreciated aspect of what then-Professor, now-Justice Elena Kagan termed “presidential administration.”

Structural deregulation attacks the core capacities of the bureaucracy. The phenomenon encompasses such practices as leaving agencies …

Improving The Ethical Review Of Health Policy And Systems Research: Some Suggestions, Govind Persad

Publications

Consistent and well-designed frameworks for ethical oversight enable socially valuable research while forestalling harmful or poorly designed studies. I suggest some alterations that might strengthen the valuable checklist Rattani and Hyder propose in this issue of Journal of Law, Medicine & Ethics Reference Rattani and Hyder for the ethical review of health policy and systems research (HPSR), or prompt future work in the area.

Fair Allocation At Covid-19 Mass Vaccination Sites, Govind Persad, Govind C. Persad, Monica E. Peek

Publications

On February 26, 2021, the Federal Emergency and Management Agency (FEMA) announced 18 community vaccination centers in major cities capable of administering up to 6000 vaccines daily. Mass vaccination sites like these arrive amid staggering socioeconomic and racial disparities in COVID-19 vaccination. Black and Hispanic people are being vaccinated at less than half the rate of White people, despite being twice as likely to die of COVID-19. The wealth gap is similarly substantial, reaching up to a 65% difference between the wealthiest and poorest counties in Connecticut. The federal government is supporting mass vaccination sites, in part, to alleviate disparities, …