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Journal Of The House Of Representatives State Of Colorado: Seventieth General Assembly Second Regular Session At Denver, The State Capitol, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Concerning The Creation Of A Single Geographic Rating Area For Health Insurers To Use When Establishing Rates For Individual Health Insurance Plans., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning A Pharmacist's Provision Of Health Care Services That Have Been Delegated By Another Health Care Provider., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Health Insurance Coverage For Early Refills Of Prescription Eye Drops., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Index To The House Journal State Of Colorado: Seventieth General Assembly Second Regular Session At Denver, The State Capitol, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Index To The Senate Journal State Of Colorado: Seventieth General Assembly Second Regular Session, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Finding Safe Harbor: Eliminating The Gap In Colorado's Human Trafficking Laws, Jessica A. Pingleton

University of Colorado Law Review

In March 2014, the Colorado Court of Appeals acquitted Dallas Cardenas of all human trafficking charges. The court determined that under the 2014 version of Colorado's human trafficking statute, a defendant who sold the sexual services of a minor, as opposed to selling a minor for sex, did not commit the crime of human trafficking. Following the Cardenas decision, the state legislature passed House Bill 1273, which broadened the language of the statute and eliminated all possible affirmative defenses, including minor consent. Under the new law, a defendant can no longer argue that a minor consented to commercial sex. However, …

Person, State, Or Not: The Place Of Business Corporations In Our Constitutional Order, Daniel J.H. Greenwood

University of Colorado Law Review

Business corporations are critical institutions in our democratic republican, market-based, economic order. The United States Constitution, however, is completely silent as to their status in our system. The Supreme Court has filled this silence by repeatedly granting corporations rights against the citizenry and its elected representatives.

Instead, we ought to view business corporations, like municipal corporations, as governance structures created by We the People to promote our general Welfare. On this social contract view, corporations should have the constitutional rights specified in the text: none. Instead, we should be debating which rights of citizens against governmental agencies should also apply …

Racial Emotions And The Feeling Of Equality, Janine Young Kim

University of Colorado Law Review

This Article examines two distinct but related questions regarding race and emotions. The first raises the possibility that there are certain emotions that are so closely tied to racial experiences that they can be said to demonstrate and typify an emotional dimension to the construct of race. The second asks how such quintessentially racial emotions can be analyzed and evaluated, employing three theories of emotion that have developed in various disciplines within the humanities and social sciences. These theories reveal that racial emotions are not idiosyncratic and elusive, but instead relate to reason and values, to social membership and hierarchy, …

Little Sisters Of The Poor Home For The Aged V. Sebelius: Ramifications For Church Plans And Religious Nonprofits, Samantha T. Ford

University of Colorado Law Review

The mandate for certain employers to provide contraceptive care as part of their employees' benefit plans established by the Patient Protection and Affordable Care Act (PPACA) and pertinent regulations has been controversial and highly litigated since its passage in 2010. One party to this litigation, the Little Sisters of the Poor, finds the contraceptive care mandate to be in conflict with their fundamental religious beliefs. The Little Sisters also find PPACA's exceptions to the contraceptive care mandate for religious nonprofits to be inadequate in preventing the government from requiring the Little Sisters to violate their beliefs. Currently, the Little Sisters …

All Your Data Are Belong To Us: Consumer Data Breach Rights And Remedies In An Electronic Exchange Economy, Michael D. Simpson

University of Colorado Law Review

Consumers navigating the United States' modern electronic exchange economy are uniquely vulnerable to injury from data breaches. Hackers run data breach operations on an industrial scale, with a worldwide underground economy supporting the processing and exploitation of stolen information. Economic damages from data breaches exceed millions of dollars annually in direct and indirect costs for consumers and businesses alike. While existing common law, statutory law, and regulatory law offer consumers affected by a data breach some degree of protection, that protection is largely inadequate in the face of the threat posed by consumer data breaches. This Comment argues that consumers …

Legal Adaptive Capacity : How Program Goals And Processes Shape Federal Land Adaption To Climate Change, Alejandro E. Camacho, Robert L. Glicksman

University of Colorado Law Review

The degree to which statutory goals are pliable is likely to significantly affect the ability of an agency with regulatory or management responsibilities to achieve those objectives in the face of novel challenges or changing circumstances. This Article explores this dynamic by comparing the degree of 'ive" provided by the goals of the regimes governing management of the five types of federal public lands in responding to the challenges posed by climate change. A comparative analysis of federal land adaptation to climate change demonstrates that a management regime's legal adaptive capacity is influenced not only by procedural flexibility, but also …

To Have Our Water And Use It Too : Why Colorado Water Law Needs A Public Interest Standard, Larry Myers

University of Colorado Law Review

This Comment proposes constitutional and statutory amendments that would allow water courts to consider the public interest in water allocations. It offers a model public interest standard and argues that this public interest standard is an economic necessity given the shifting contributions of water-reliant industries and the nature of their water needs. Assuming the purpose of Colorado water law is to promote growth and the economic health of the state, then Colorado must adjust the guiding laws to reflect the current economic reality. Where facilitating economic growth formerly required consumptive diversions from streams to subsidize homesteads, ranches, and mines, now …

The Presidential Statutory Stretch And The Rule Of Law, Peter M. Shane

University of Colorado Law Review

No abstract provided.

Owning Red: A Theory Of Indian (Cultural) Appropriation, Angela R. Riley, Kristen A. Carpenter

Publications

In a number of recent controversies, from sports teams’ use of Indian mascots to the federal government’s desecration of sacred sites, American Indians have lodged charges of “cultural appropriation” or the unauthorized use by members of one group of the cultural expressions and resources of another. While these and other incidents make contemporary headlines, American Indians often experience these claims within a historical and continuing experience of dispossession. For hundreds of years, the U.S. legal system has sanctioned the taking and destruction of Indian lands, artifacts, bodies, religions, identities, and beliefs, all toward the project of conquest and colonization. Indian …

Introduction To Model Laws On Lighting, Lakshman Guruswamy

Publications

No abstract provided.

Model Law On Lighting For Developing Countries, Lakshman Guruswamy, Audrey M. Huang, Mahir Haque, Ugyen Tshering

Publications

No abstract provided.

Managing Unconventional Oil And Gas Development As If Communities Mattered, Mark Squillace

Publications

The advent of horizontal oil and gas drilling into relatively impermeable shale rock, and the companion technological breakthrough of high-pressure, multi-stage fracking that frees hydrocarbons along the substantial length of these horizontal wells, has fundamentally altered the oil and gas industry. The Energy Information Administration has gone so far as to predict that North America could become a net energy exporter as early as 2019, largely as a result of the explosive growth of this “unconventional” oil and gas development. Despite its promise, managing unconventional oil and gas development has proved challenging, and many of the communities that find themselves …

Marriage, Abortion, And Coming Out, Scott Skinner-Thompson, Sylvia A. Law, Hugh Baran

Publications

Over the past two decades, legal protections for lesbian, gay, and bisexual individuals have dramatically expanded. Simultaneously, meaningful access to reproductive choice for women has eroded. What accounts for the different trajectories of LGBTQ rights and reproductive rights?

This Piece argues that one explanation—or at least partial explanation—for the advance of LGBTQ rights relative to reproductive rights is the differing degree to which individuals have come out about their experiences with sexuality compared to coming out about experiences with unplanned pregnancies. In particular, as catalogued in this Piece, popular media portrayals of lesbian and gay individuals have proliferated, broadening the …

Investment Accelerators, Brad Bernthal

Publications

This Article documents and explains the legal and extralegal dimensions of Investment Accelerator (IA) systems. Accelerators are a new class of institution that supports entrepreneurs and early stage startups. Investment Accelerators take an ownership stake in companies that participate in an intensive, time-limited program. Interviews reveal the surprising extent to which parties in many Investment Accelerators exchange economic value in the absence of formal agreement. Startups share proprietary information with highly accomplished mentors who, in turn, contribute their time and connections without direct compensation. This under-contracted and informal arrangement raises concerns about opportunism. Data from an original investigation presents a …

The President And Immigration Federalism, Pratheepan Gulasekaram, S. Karthick Ramakrishnan

Publications

This Article lays out a systematic, conceptual framework to better understand the relationship between federal executive action and statelevel legislation in immigration. Prior immigration law scholarship has focused on structural power questions between the U.S. federal government-as a unitary entity-and the states, while newer scholarship has examined separation of powers concerns between the President and Congress. This Article builds on both of these traditions, focusing on the intersectional relationship between the federal Executive and subfederal lawmaking, which is an important yet overlooked dynamic in the resurgence of immigration federalism. First, this Article explains the relationship between presidential action and state …

Schrodinger's Child: Non-Identity And Probabilities In Reproductive Decision-Making, Jennifer S. Hendricks

Publications

Derek Parfit's non-identity problem calls into question the claims of both the state and individuals when they purport to act for the benefit of future children. This paper discusses how adoption of the non-identity argument as a legal argument could affect reproductive and family policy, demonstrating that it undermines the child-centric approach to assigning legal parentage. The paper concludes, however, that these non-identity problems can be solved by the expected value approach, which demonstrates that efforts to benefit future people can be logically coherent even if those efforts also affect the genetic identities of the future people.

Zero-Tolerance Comes To International Law, Aya Gruber

Publications

No abstract provided.

Siri-Ously? Free Speech Rights And Artificial Intelligence, Toni M. Massaro, Helen Norton

Publications

Computers with communicative artificial intelligence (AI) are pushing First Amendment theory and doctrine in profound and novel ways. They are becoming increasingly self-directed and corporal in ways that may one day make it difficult to call the communication ours versus theirs. This, in turn, invites questions about whether the First Amendment ever will (or ever should) cover AI speech or speakers even absent a locatable and accountable human creator. In this Article, we explain why current free speech theory and doctrine pose surprisingly few barriers to this counterintuitive result; their elasticity suggests that speaker humanness no longer may be …

The Right To Regulate (Cooperatively), Alexia Brunet Marks

Publications

The growing number of new technologies in food production— such as nanotechnology, genetic modification, animal cloning, and irradiation—are garnering different regulatory responses around the world. Based on their threshold for tolerating risk, countries are asserting their national right to regulate at home using labeling, quarantine, and outright bans on foods. But domestic regulation has its limits in a free trade environment. Countries that are not mindful of treaty obligations could face legal liability, as seen in the recent litigation between Uruguay and Philip Morris International. In short, traditional models of international regulatory cooperation (IRC) are failing to provide countries with …

A Right To Be Regulated, Michael Pappas

Publications

No abstract provided.

Video Streaming In Academic Libraries: Enabling Participation In A Democratic Society, Rebecca Ciota, Emily Hardesty

Publications

No abstract provided.

Model Law On Lighting For Developed Countries, Lakshman Guruswamy, Jason Aamodt, Anne Aguirre, Yazan Fattaleh, Gianna Fitzsimmons, Teresa Milligan, Giedre Stasiunaite

Publications

The President And Immigration Federalism, Pratheepan Gulasekaram, S. Karthick Ramakrishnan

Publications

This Article lays out a systematic, conceptual framework to better understand the relationship between federal executive action and statelevel legislation in immigration. Prior immigration law scholarship has focused on structural power questions between the U.S. federal government-as a unitary entity-and the states, while newer scholarship has examined separation of powers concerns between the President and Congress. This Article builds on both of these traditions, focusing on the intersectional relationship between the federal Executive and subfederal lawmaking, which is an important yet overlooked dynamic in the resurgence of immigration federalism. First, this Article explains the relationship between presidential action and state …

Proposal For An International Taxonomy On The Various Forms Of The "Right To Be Forgotten": A Study On The Convergence Of Norms, W. Gregory Voss, Celine Castets-Renard

Colorado Technology Law Journal

No abstract provided.