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Concerning The Repeal Of The Requirement That Service Providers Report On The Use Of Money To Increase The Reimbursement Rate To Direct Support Professionals., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Continuation Of The State Board Of Nursing, And, In Connection Therewith, Implementing The Recommendations Contained In The 2019 Sunset Report By The Department Of Regulatory Agencies., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Increased Public Protections From Emissions Of Air Toxics., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Modification Of Transportation Funding Mechanisms, And, In Connection Therewith, Delaying From The November 2020 General Election Until The November 2021 Statewide Election The Requirement That A Ballot Issue Seeking Approval For The Issuance Of Transportation Revenue Anticipation Notes Be Submitted To The Voters Of The State, Amending The Ballot Issue To Reduce The Amount Of Notes Authorized To Be Issued, Eliminating Specified Scheduled General Fund Transfers To The State Highway Fund, Reducing The Amount Of General Fund Money Dedicated To Make Lease-Purchase Agreement Payments Due During State Fiscal Years 2020–21 And 2021–22, Repealing Department Of Transportation Rule-Making And Reporting Requirements Relating To Motor Vehicles Used For Certain Types Of Commercial Purposes, And Making And Reducing Appropriations., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Bills Enacted In The Second Regular Session Of The Seventy-Second General Assembly That Include An Act Subject To Petition Clause., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning A Modification Of The Definition Of “State Agency” For Purposes Of The Statewide Internet Portal Authority To Ensure That The Authority Is Authorized To Serve All State Government Agencies., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Streamlining Or Steamrolling: Oil And Gas Leasing Reform On Federal Public Lands In The Trump Administration, Marcilynn A. Burke

University of Colorado Law Review

No abstract provided.

Subject Index Of The House And Senate Bills Passed By The General Assembly: Seventy-Second Generaly Assembly - Second Regular Session, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

House Journal: Seventy-Second General Assembly State Of Colorado Second Regular Session, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

The Kids Are Airight: Teen Sexting, Child Pornography Charges, And The Criminalization Of Adolescent Sexuality, Blaire Bayliss

University of Colorado Law Review

"Sexting" is a term that refers to the exchange of sexually explicit or sexually suggestive messages or images between individuals using electronic messaging. Teenage sexting is a controversial legal topic because the act of taking nude or semi-nude pictures of a minor technically constitutes child pornography under federal law, even when those pictures were self-portraits taken by the minor in question. This Comment argues that the prosecution of sexting under federal child pornography law constitutes the criminalization of adolescent exploration of sexuality and that states should adopt their own sexting-specific laws to address teenage sexting in a manner that respects …

The Greater Yellowstone Ecosystem Revisited: Law, Science, And The Pursuit Of Ecosystem Management In An Iconic Landscape, Robert B. Keiter

University of Colorado Law Review

Thirty years ago, the Greater Yellowstone Ecosystem (GYE) concept and ecosystem management surfaced as key to preserving this legally fragmented region's public lands and wildlife in the face of mounting development pressures. Yellowstone's grizzly bears were in sharp decline and wolves were absent from the landscape, while bison and elk management issues festered. The GYE's national forest lands were subject to extensive logging, energy leasing, and other commercial activities that cumulatively threatened the region's ecological integrity. In the face of extreme jurisdictional complexity and a strong commitment to agency discretion, a high-profile federal "Vision" effort to improve and better coordinate …

Cercla: It's Time To Prioritize Climate Threats, Lyndsie Dundas

University of Colorado Law Review

Climate change will bring more extreme weather, including increased flooding and wind damage, to all stretches of the United States. These effects of climate change will cause profound consequences for communities living near sites with a legacy of toxic waste. With 1,883 Superfund sites on the National Priorities List and countless other U.S. properties with some degree of contamination, climate change will result in increased risk of exposure for surrounding local populations and environments. Currently, the Hazard Ranking System does not consider effects of climate change when calculating the risk a site poses to the public. Without considering associated climate …

Uber's Efficiencies: A Modest Proposal For Limiting Use Of Antitrust's Per Se Rule, Kathleen Guilfoyle

University of Colorado Law Review

In antitrust law, the per se rule against horizontal price-fixing seems set in stone. Over time, however, antitrust enforcers and courts have declined to use this rule and instead have used the rule of reason. This change stems directly from the recognition that the per se rule's blunt application may end up harming consumers in some contexts. Using Uber as an example of a consumer-friendly, efficiencyenhancing business model, this Comment argues that using the per se rule to analyze horizontal arrangements like Uber's sacrifices consumer welfare. Instead, courts should use the rule of reason and engage in cost-benefit analysis where …

Toward Sustainable Recreation On Colorado's Fourteeners, Rebecca Sokol

University of Colorado Law Review

Colorado's fourteen-thousand-foot mountains, commonly known as fourteeners, are attracting visitors in unprecedented numbers. As people flock to the state's most popular peaks, hikers degrade the environment and create safety problems. This Comment addresses potential approaches to recreation management on fourteeners and argues that traditional use-limit management methods, like visitor quotas, do not align with sustainability objectives. The Forest Service, the primary land management agency for most fourteeners, has a duty to promote sustainable recreation by incorporating environmental, social, and economic factors into its decision-making processes. However, the Forest Service tends to rely on use limits even though these methods would …

Contingent Delisting, Justin R. Pidot

University of Colorado Law Review

No abstract provided.

Ecosystem Services And Federal Public Lands: A Quiet Revolution In Natural Resources Management, J.B. Ruhl, James Salzman

University of Colorado Law Review

The major federal public land management agencies (the Forest Service, Bureau of Land Management, Park Service, Fish & Wildlife Service, and Department of Defense) have increasingly adopted a language that did not exist twentyfive years ago-the language of ecosystem services. Ecosystem services are the range of benefits that ecological resources provide to humans, from water purification and pollination to carbon sequestration and wildlife habitat. The scientific discipline advancing the ecosystem services framework arose in the mid-1990s and quickly became a central strategy for fusing ecology and economics research. Despite its ascendance in research communities, the recognition and conservation of ecosystem …

Decolonization: Treaties, Resource Use, And Environmental Conservation, Gerald Torres

University of Colorado Law Review

No abstract provided.

Seeing Beyond Courts: The Political Context Of The Nationwide Injunction, Charlton C. Copeland

University of Colorado Law Review

No abstract provided.

Preserving The Nationwide National Government Injunction To Stop Illegal Executive Branch Activity, Doug Rendleman

University of Colorado Law Review

No abstract provided.

Bulldozing Infrastructure Planning And The Environment Through Trump's Executive Order 13807, Alejandro E. Camacho

University of Colorado Law Review

No abstract provided.

Concepts, Not Nomenclature: Universal Injunctions, Declaratory Judgments, Opinions, And Precedent, Howard M. Wasserman

University of Colorado Law Review

No abstract provided.

Solving The Pro Bono Mismatch, Atinuke O. Adediran

University of Colorado Law Review

The pro bono interests of law firm lawyers tend to differ from the actual legal needs of the poor. This difference results in the mismatch problem or the incongruence between the interests of firm lawyers and the needs of the poor. Today, the mismatch problem has resulted in law firm lawyers' increased demand of immigration matters while legal needs are greatest in housing and family law. This leaves nonprofit legal services organizations scrambling to find pro bono representation for poor clients or otherwise relying on very limited resources to represent poor clients.

The literature on the mismatch problem is lacking …

Two Legal Mothers: Cementing Parental Rights For Lesbian Parents In Colorado, Maia Labrie

University of Colorado Law Review

Two married couples decide to have a child via artificial reproduction. One parent in each couple will carry and give birth to the child. The other parent has no biological relationship with the child.

One is an opposite-sex couple. Because they are married, they know that the father will automatically be considered the legal father. But the other couple is a lesbian couple. Leading up to the birth, the lesbian couple seeks out a lawyer and expresses concern regarding the nonbiological parent's legal status. Because both are women, they know their relationship to their child will be constantly questioned. How …

Dustbowl Waters: Doctrinal And Legislative Solutions To Save The Ogallala Aquifer Before Both Time And Water Run Out, Warigia M. Bowman

University of Colorado Law Review

Eighty-three years after the Dust Bowl, residents of America's High Plains face a dire threat: their primary aquifer faces depletion, and entire sections of the country are set to run out of groundwater by the end of the century or sooner.

The Ogallala Aquifer provides a significant amount of America's agricultural irrigation water and is a primary source of drinking water for Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming.

This Article argues that policymakers should slow the Aquifer's depletion rate by implementing changes to irrigation technology, crop choice, consumer behavior, legal doctrine, and legislation. This Article …

A No-Contest Discharge For Uncollectible Student Loans, Matthew Bruckner, Brook Gotberg, Dalie Jimenez, Chrystin Ondersma

University of Colorado Law Review

Over forty-four million Americans owe more than $1.6 trillion in student loan debt. This debt is nearly impossible to discharge in bankruptcy. Attempting to do so may require costly and contentious litigation with the Department of Education. And because the Department typically fights every case, even initial success can be followed by years of appeals. As a result, few student loan borrowers attempt to discharge their student loan debt in bankruptcy.

In this Article, we call on the Department of Education to develop a set of ten easily ascertainable and verifiable circumstances in which it will not contest a debtor's …

Global Energy Poverty: The Relevance Of Faith And Reason, Lakshman Guruswamy

Publications

The challenge of energy poverty (EP) primarily confronts the least developed countries (LDCs) of the world, located in Africa and Asia, but is also prevalent within segments of more advanced developing countries in Asia. This article will first delineate the nature of global energy poverty that results in the premature deaths of millions of people and leads to pervasive sickness among many more millions. The article will next sketch the legal and political responses to this problem that have generally applied principles of sustainable development (SD) and the seventeen Sustainable Development Goals (SDGs) of 2015 adopted by the General Assembly …

Choosing Affordable Health Insurance, Govind Persad

Publications

The Affordable Care Act ("ACA") made health insurance accessible to many. Yet unaffordable insurance still abounds. This Article proposes a strategy for improving affordability that enables health insurance purchasers to choose, within reasonable limits, which treatments their insurance covers. After critiquing recently proposed strategies for improving affordability and reviewing past legal scholarship on content choice in health insurance, this Article introduces the "Affordable Choices" framework. This framework regulates choice in four ways. First, health plans should only exclude treatments whose merits are subject to reasonable disagreement among patients and physicians. Second, plans should appeal to purchasers' health-related values- values about …

Intersectionality In The Opioid Crisis: Anti-Black Racism And White, Pregnant, Opioid Users, Craig Konnoth

Publications

No abstract provided.

Restoring The Public Interest In Western Water Law, Mark Squillace

Publications

American Western states and virtually every country and state with positive water resources law are in perfect agreement about the wisdom of treating their water resources as public property. Not surprisingly, this has led most Western states to articulate a goal of managing these resources in the public interest. But the meaning of the term “public interest,” especially in the context of water resources management, is far from clear. This Article strives to bring clarity to that issue. It begins by exploring three theoretical approaches that might be used for defining the public interest in water resources law before urging …

(Carbon) Farming Our Way Out Of Climate Change, Alexia Brunet Marks

Publications

Numerous climate-related emergencies highlight the challenges and urgency posed by climate change: the 2018 Intergovernmental Panel on Climate Change (IPCC) Report, the Global Climate Action Summit in California and international student walkouts, to name a few. While the IPCC Report sent an urgent cry to reduce total emissions and to achieve specific results—45% reduction by 2030 and net-zero emissions by 2050—reductions need to be combined with capturing and storing atmospheric carbon dioxide. Scientific studies have shown that an annual increase of 0.4% of carbon stored in soils would make it possible to stop the present increase in atmospheric CO2.

This …