Digital Commons Network^™

Slavery And The Postbellum University: The Case Of Smu, Lolita Buckner Inniss, Skyler Arbuckle

Publications

People who practiced slavery across the United States, or engaged in slavery-related practices, were often the same civically-minded social, legal, and economic leaders who founded the nation’s first colleges and universities. There was, thus, from our earliest times, an unacknowledged but firm tie between the values and high ideals of the academy that existed in stark contraposition to the horrors of human bondage that fueled those institutions. Many North American colleges founded before the Civil War relied on money derived from the elite members of society with direct involvements in slavery. While a growing body of scholarly work discusses early …

Living The Sacred: Indigenous Peoples And Religious Freedom, Kristen A. Carpenter

Publications

No abstract provided.

A Pandemic At The Library: Lessons From Covid-19 About Technology Needs For Remote Working During A Crisis, Rebecca Ciota, Erika Barber

Publications

No abstract provided.

Measuring State Capture, Pamela J. Clouser Mccann, Douglas M. Spencer, Abby K. Wood

Publications

How do we know when an executive branch actor is captured or is at risk of capture? And what is the risk that other branches of government could be captured? In this project, we offer a critical review of regulatory -- or industry-related -- capture that we use to build a concept of state capture that extends beyond agency-specific accounts and incorporates both the structures and processes of governing, while centering our examination on the public. We use state-level data on campaign finance, lobbying, industry size, ethics, and transparency to measure the degree to which the fifty state executive, legislative, …

Allocating Medicine Fairly In An Unfair Pandemic, Govind Persad

Publications

America’s COVID-19 pandemic has both devastated and disparately harmed minority communities. How can the allocation of scarce treatments for COVID-19 and similar public health threats fairly and legally respond to these racial disparities? Some have proposed that members of racial groups who have been especially hard-hit by the pandemic should receive priority for scarce treatments. Others have worried that this prioritization misidentifies racial disparities as reflecting biological differences rather than structural racism, or that it will generate mistrust among groups who have previously been harmed by medical research. Still others complain that such prioritization would be fundamentally unjust. I argue …

Tailoring Public Health Policies, Govind Persad

Publications

In an effort to contain the spread of COVID-19, many states and countries have adopted public health restrictions on activities previously considered commonplace: crossing state borders, eating indoors, gathering together, and even leaving one's home. These policies often focus on specific activities or groups, rather than imposing the same limits across the board. In this Article, I consider the law and ethics of these policies, which I call tailored policies.In Part II, I identify two types of tailored policies: activity-based and group-based. Activity-based restrictions respond to differences in the risks and benefits of specific activities, such as walking outdoors and …

Letter In Reply To Bernard Prusak, Et Al., Govind Persad

Publications

Scarce medical resource allocation should aim to prevent harm, especially to those who would be most disadvantaged if not helped. Bernard Prusak et al.’s letter reveals a narrow vision of which harms and disadvantages matter, one that overlooks opportunities to simultaneously prevent important harms and avoid exacerbating disadvantage.

Pricing Drugs Fairly, Govind Persad

Publications

Dissatisfaction with drug prices has prompted a flurry of recent legislation and academic research. But while pharmaceutical policy often regards fair pricing as a goal, the concept of fairness itself frequently goes undefined. Legal scholarship—even work ostensibly focused on fairness—has not defined and defended an account of fair pricing. Recent legislative proposals passed by the House and proposed by Sens. Ron Wyden and Chuck Grassley have similarly avoided a determinate position on fairness. This Article explains and defends an account of what makes a price for a drug fair that identifies fair price with social value, argues for implementing fair …

Innovating Like An Optimist, Preparing Like A Pessimist, Casey Fiesler

Colorado Technology Law Journal

No abstract provided.

Hacking The Seams: Elevating Digital Autonomy And Agency For Humans, Richard S. Whitt

Colorado Technology Law Journal

No abstract provided.

Telehealth And Telework Accessibility In A Pandemic-Induced Virtual World, Blake Reid, Christian Vogler, Zainab Alkebsi

University of Colorado Law Review Forum

This short essay explores one dimension of disability law’s COVID-related “frailty”: how the pandemic has undermined equal access to employment and healthcare for Americans who are deaf or hard of hearing as healthcare and employment migrate toward telehealth and telework activities. This essay’s authors—a clinical law professor; a computer scientist whose research focuses on accessible technology; and a deaf policy attorney for the nation’s premier civil rights organization of, by, and for deaf and hard of hearing individuals in the United States—have collaborated over the past months on detailed advocacy documents aimed at helping deaf and hard of hearing patients …

Amicus (Fall 2020), University Of Colorado Law School

Amicus

Issue at a glance:

• Spotlights Dean Anaya's Anti-Racism and Representation Initiative
• Features essays by Colorado Law alumni and friends on racial justice, pipelines to law school, inclusiveness, and systemic inequalities
• Introduces new faculty and staff
• Details the law school's transition to remote learning due to the coronavirus pandemic
• Highlights the Dan Barash Scholarship, awarded to aspiring public defenders
• Recognizes milestones and successes of Colorado Law alumni

Criminal Law In Crisis, Benjamin Levin

University of Colorado Law Review Forum

In this Essay, I offer a brief account of how the COVID-19 pandemic lays bare the realities and structural flaws of the carceral state. I provide two primary examples or illustrations, but they are not meant to serve as an exhaustive list. Rather, by highlighting these issues, problems, or (perhaps) features, I mean to suggest that this moment of crisis should serve not just as an opportunity to marshal resources to address the pandemic, but also as a chance to address the harsh realities of the U.S. criminal system. Further, my claim isn’t that criminal law is in some way …

Project Protect Food Systems' Colorado Coronavirus Crisis Essential Food System Worker Policy Response Agenda, Alexia Brunet Marks, Hunter Knapp, Nicole Civita

University of Colorado Law Review Forum

"Revised Colorado Coronavirus Crisis Essential Food System Worker Policy Response Agenda."

An Odd Way To Read A Preemption Statute: The Atomic Energy Act, Virginia Uranium, And The Dine Natural Resource Protection Act, Erin Hogan-Freemole

Colorado Environmental Law Journal

No abstract provided.

Observer Participation In International Climate Change Decision Making: A Complementary Role For Human Rights?, Nadia Sanchez Castillo-Winckels

Colorado Environmental Law Journal

No abstract provided.

A Sustainable Olympic Games: Applying The Nepa Framework To Reevaluate Olympic Site Selection, Holly Tokar

Colorado Environmental Law Journal

No abstract provided.

Chef's Canvas: Recognizing Rights As Artists Under Copyright Law, Shelby Dolen

Colorado Technology Law Journal

No abstract provided.

Genetic Privacy: Late To The Third Party, Ciera Gonzales

Colorado Technology Law Journal

No abstract provided.

Qualified Business Income Deductions In The Sharing Economy, Whitney House

Colorado Technology Law Journal

No abstract provided.

How Deregulation And 'I' Corporations Could Save Shareholders From Themselves: Going Private-Lite, Loren Terry

Colorado Technology Law Journal

No abstract provided.

Amicus (Spring 2020), University Of Colorado Law School

Amicus

Issue at a glance:

• Dean's Message: A Tradition of Public Service
• Clinic Students Weigh In on Future of Automatic Speech Recognition Policies
• Pursuing Citizenship in the Enforcement Era: An Inside Look at the Newest Americans
• Feminism's Criminal Law Problem
• When They See Him
• Called to Service
• Expanded Journals Suite Named in Honor of Esteemed Alumna
• Rare Books Room Renamed for John ('65) and Nancy Wittemyer
• Q&A: Law Alumni Board Chair Richard Murray ('07)
• Last Word: Hon. Nikea Bland ('05)

Implementing The United Nations Declaration On The Rights Of Indigenous Peoples In The United States: A Call To Action For Inspired Advocacy In Indian Country., Kristen Carpenter, Edyael Casaperalta, Danielle Lazore-Thompson

University of Colorado Law Review Forum

No abstract provided.

The Dark Web And Employer Liability, David Schein, Lawrence Trautman

Colorado Technology Law Journal

No abstract provided.

Senate Journal: Seventy-Second General Assembly State Of Colorado First Extraordinary Session, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Managing An Administrative Emergency: Establishing Fema As An Independent Agency, Hunter Knapp

Colorado Environmental Law Journal

No abstract provided.

Concerning A Correction To The Rate Of Reimbursement That An Out-Of-Network Health Care Provider Is Entitled To Receive From A Health Insurance Carrier For Services Provided To A Covered Person At An In-Network Facility When The Health Care Provider Submits A Claim To The Carrier Within The Specified Time Period To Conform With Existing Laws., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Expansion Of The Adult Education And Literacy Grant Program., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Distribution Of Drugs By Other Outlet Pharmacies., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning An Extension Of The Employment-After-Retirement Limitations For Retirees Of The Public Employees’ Retirement Association Employed By A Board Of Cooperative Services After Retirement., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.