Digital Commons Network^™

Privacy's Double Standards, Scott Skinner-Thompson

Publications

Where the right to privacy exists, it should be available to all people. If not universally available, then privacy rights should be particularly accessible to marginalized individuals who are subject to greater surveillance and are less able to absorb the social costs of privacy violations. But in practice, there is evidence that people of privilege tend to fare better when they bring privacy tort claims than do non-privileged individuals. This disparity occurs despite doctrine suggesting that those who occupy prominent and public social positions are entitled to diminished privacy tort protections.

This Article unearths disparate outcomes in public disclosure tort …

Public Lands, Conservation, And The Possibility Of Justice, Sarah Krakoff

Publications

On December 28, 2016, President Obama issued a proclamation designating the Bears Ears National Monument pursuant to his authority under the Antiquities Act of 1906, which allows the President to create monuments on federal public lands. Bears Ears, which is located in the heart of Utah’s dramatic red rock country, contains a surfeit of ancient Puebloan cliff-dwellings, petroglyphs, pictographs, and archeological artifacts. The area is also famous for its paleontological finds and its desert biodiversity. Like other national monuments, Bears Ears therefore readily meets the statutory objective of preserving “historic and prehistoric structures, and other objects of historic or scientific …

Criminal Employment Law, Benjamin Levin

Publications

This Article diagnoses a phenomenon, “criminal employment law,” which exists at the nexus of employment law and the criminal justice system. Courts and legislatures discourage employers from hiring workers with criminal records and encourage employers to discipline workers for non-work-related criminal misconduct. In analyzing this phenomenon, my goals are threefold: (1) to examine how criminal employment law works; (2) to hypothesize why criminal employment law has proliferated; and (3) to assess what is wrong with criminal employment law. This Article examines the ways in which the laws that govern the workplace create incentives for employers not to hire individuals with …

The Government's Manufacture Of Doubt, Helen Norton

Publications

“The manufacture of doubt” refers to a speaker’s strategic efforts to undermine factual assertions that threaten its self-interest. This strategy was perhaps most famously employed by the tobacco industry in its longstanding campaign to contest mounting medical evidence linking cigarettes to a wide range of health risks. At its best, the government’s speech can counter such efforts and protect the public interest, as exemplified by the Surgeon General’s groundbreaking 1964 report on the dangers of tobacco, a report that challenged the industry’s preferred narrative. But the government’s speech is not always so heroic, and governments themselves sometimes seek to manufacture …

That Was Close! Reward Reporting Of Cybersecurity “Near Misses”, Jonathan Bair, Steven M. Bellovin, Andrew Manley, Blake Reid, Adam Shostak

Publications

Building, deploying, and maintaining systems with sufficient cybersecurity is challenging. Faster improvement would be valuable to society as a whole. Are we doing as much as we can to improve? We examine robust and long-standing systems for learning from near misses in aviation, and propose the creation of a Cyber Safety Reporting System (CSRS).

To support this argument, we examine the liability concerns which inhibit learning, including both civil and regulatory liability. We look to the way in which cybersecurity engineering and science is done today, and propose that a small amount of ‘policy entrepreneurship’ could have substantial positive impact. …

The Consensus Myth In Criminal Justice Reform, Benjamin Levin

Publications

It has become popular to identify a “consensus” on criminal justice reform, but how deep is that consensus, actually? This Article argues that the purported consensus is much more limited than it initially appears. Despite shared reformist vocabulary, the consensus rests on distinct critiques that identify different flaws and justify distinct policy solutions. The underlying disagreements transcend traditional left/right political divides and speak to deeper disputes about the state and the role of criminal law in society.

The Article maps two prevailing, but fundamentally distinct, critiques of criminal law: (1) the quantitative approach (what I call the “over” frame); and …

Thinking Fast And Slow About The Concept Of Materiality, Mark J. Loewenstein

Publications

Determining whether, for securities law purposes, a misrepresentation or omission is material raises interesting questions. The Court of Appeals in SEC v. Texas Gulf Sulphur Co. provided some guidance on materiality, and the U.S. Supreme Court has weighed in several times in the past 50 years. This article first discusses what Texas Gulf Sulphur contributed to the doctrine of materiality, then briefly considers other dimensions of the doctrine, and finally moves to its thesis: The doctrine of materiality should take into account important psychological insights and heuristics that may affect the way that a fact finder decides whether a misrepresentation …

The Disruptive Neuroscience Of Judicial Choice, Anna Spain Bradley

Publications

Scholars of judicial behavior overwhelmingly substantiate the historical presumption that most judges act impartially and independent most of the time. The reality of human behavior, however, says otherwise. Drawing upon untapped evidence from neuroscience, this Article provides a comprehensive evaluation of how bias, emotion, and empathy—all central to human decision-making—are inevitable in judicial choice. The Article offers three novel neuroscientific insights that explain why this inevitability is so. First, because human cognition associated with decision-making involves multiple, and often intersecting, neural regions and circuits, logic and reason are not separate from bias and emotion in the brain. Second, bias, emotion, …

Sanctuary Networks And Integrative Enforcement, Ming Hsu Chen

Publications

My intended focus is on the widespread response--in cities, churches, campuses, and corporations that together comprise "sanctuary networks"--to the Trump Administration's Executive Order 13768 Enhancing Public Safety in the Interior of the United States as an instance of the changing relationship between federal, local, and private organizations in the regulation of immigration. After briefly covering the legal background of the Trump Interior E.O., the focus of the Article shifts to the institutional dynamics arising in communities. These institutional dynamics exemplify the beginnings of a reimagined immigration enforcement policy with a more integrative flavor.

Evaluating The Legality Of Age-Based Criteria In Health Care: From Nondiscrimination And Discretion To Distributive Justice, Govind Persad

Publications

Recent disputes over whether older people should pay more for health insurance, or receive lower priority for transplantable organs, highlight broader disagreements regarding the legality of using age-based criteria in health care. These debates will likely intensify given the changing age structure of the American population and the turmoil surrounding the financing of American health care. This Article provides a comprehensive examination of the legality and normative desirability of age-based criteria. In the Article, I defend a distributive justice approach to age-based criteria. Rather than viewing age as a personal characteristic akin to race or religion, the distributive justice approach …

Paying Patients: Legal And Ethical Dimensions, Govind Persad

Publications

This Article explores the implications for medical care of a debate that is more familiar in the law and ethics of human subjects research: whether people should be paid to receive or decline medical interventions, or to reach certain health objectives. It examines the legal and ethical issues such payments raise, and considers various actors who might make such payments, including governments, employers, insurers, care providers, and private parties. It argues for two interrelated conclusions: first, that these payments should not be subject to blanket normative condemnation, and, second, that payments made in different settings and contexts frequently share underlying …

Amicus (Fall 2017), University Of Colorado Law School

Amicus

Issue at a glance:

• Welcomes the Class of 2020 and four new faculty members to Colorado Law
• Spotlights alumni who live and work internationally and students who have taken advantage of opportunities to connect globally
• Highlights Dean Anaya's vision and strategic priorities for Colorado Law
• Introduces the inaugural recipients of Colorado Law's Leaders in Law and Community (LILAC) fellowship program, which addresses diversity in legal education
• Features examples of students taking their legal education on the road, including to the Standing Rock Sioux reservation in North Dakota, along the Colorado River, and throughout Geneva, Morocco, and Paris
• Celebrates personal and …

Master File, Masterpiece Cakeshop, Ltd. V. Colo. Civil Rights Comm., __ U.S. __ (2017): Legislative History Of Sb08-200, Matt Simonsen

Research Data

This Master File of the legislative history of a 2008 amendment to the Colorado Anti-Discrimination Act (CADA) was researched and compiled by Matt Simonsen, J.D. Candidate 2019, University of Colorado Law School, and submitted to law professors Craig Konnoth and Melissa Hart. The SB08-200 Master File is cited in Brief of Amici Curiae Colorado Organizations and Individuals in Support of Respondents, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, __U.S.__ (2018) (No. 16-111).

449 p.

Peace Like A River: Institutionalizing Cooperation Over Water Resources In The Jordan River Basin, Philip A. Williams

Colorado Environmental Law Journal

No abstract provided.

Collateral Damage: The Gun Debate Moves Into America's National Parks, Clare E.M. Mack

Colorado Environmental Law Journal

No abstract provided.

Concerning The Scheduled Repeal Of Reports By The Department Of Health Care Policy And Financing To The General Assembly., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning A Limitation On When Certain Disciplinary Actions May Be Commenced Against A Mental Health Professional, And, In Connection Therewith, Requiring That A Mental Health Professional Provide Notice To Former Clients Regarding Record Retention And That All Complaints Be Resolved By The Agency Within Two Years After The Date The Complaint Was Filed., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Modifications To The Requirements For Health Benefit Plans To Cover Health Care Services Delivered Via Telehealth., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Repeal Of The Condition Required To Be Satisfied For A Provision Of Law Governing The Disclosure Of Communications With Mental Health Professionals To Take Effect., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Required Provisions In A Contract Between A Health Insurance Carrier And A Health Care Provider Concerning Medical Communications Regarding Disagreements In Health Care Decisions., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Continuation Of The Colorado Health Service Corps Advisory Council., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Early Support For Student Success Through Access To School Counselors, And, In Connection Therewith, Serving All Grades Through The Behavioral Health Care Professional Matching Grant Program And The School Counselor Corps Grant Program., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Establishment Of Direct Primary Health Care Agreements To Operate Without Regulation By The Division Of Insurance., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Strengthening Colorado's Statewide Response To Behavioral Health Crises, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Establishment Of The "Center For Research Into Substance Use Disorder Prevention, Treatment, And Recovery Support Strategies" At The University Of Colorado Health Sciences Center, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning A Supplemental Appropriation To The Department Of Health Care Policy And Financing., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Scheduled Repeal Of Reports By The Department Of Public Health And Environment To The General Assembly., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Substantive Relocation Of The Laws Related To The Department Of Public Health And Environment From Title 12, Colorado Revised Statutes, As Part Of The Organizational Recodification Of Title 12., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Public Participation In The Review By The Commissioner Of Insurance Of The Acquisition Of Control Of An Insurer That Offers Health Plans, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Promotion Of Health Families Through The Sharing Of Information Related Investigations Of Child Abuse Or Neglect Between Departments Of Human Services And Military Installations When A Person Affiliated Whit The Military Installation Is Involved With The Investigation, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.