Digital Commons Network^™

Concerning The Authority Of The State Auditor To Conduct A Performance Audit Of The Colorado Health Benefit Exchange., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning An Exception To The Prohibition Against Paying Postemployment Compensation For The Denver Health And Hospital Authority., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Table Of Contents (Vol. 86, Issue 1)

University of Colorado Law Review

No abstract provided.

Plenary Energy, Carla F. Fredericks

Publications

An incompatible relationship exists between the federal trust responsibility over Indian tribes and tribal sovereignty, the conflicting nature of which has been exacerbated by numerous judicial confirmations of the unbridled congressional plenary power over all tribal affairs. Nowhere is there more conflict between the trust responsibility and sovereignty than within the context of mineral resource development on tribal lands. The evolution of the regulatory framework of Indian mineral development can be viewed as a continuum, with maximum trust obligation and minimum tribal sovereignty on one extreme, and an inversion of these two variables on the other. There currently exists pending …

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

Colorado House and Senate Journals

No abstract provided.

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

Colorado House and Senate Journals

No abstract provided.

Congress And Indians, Kirsten Matoy Carlson

University of Colorado Law Review

Contrary to popular narratives about courts protecting certain minority rights from majoritarian influences, Indian nations lose in the United States Supreme Court over 75 percent of the time. As a result, scholars, tribal leaders, and advocates have suggested that Congress, as opposed to the courts, may be more responsive to Indian interests and have turned to legislative strategies for pursuing and protecting tribal interests. Yet very little is known about the kinds of legislation Congress enacts relating to American Indians. This Article charts new territory in this understudied area and responds to recent calls for more empirical legal studies in …

Preventing Government Shutdowns: Designing Default Rules For Budgets, David Scott Louk, David Gamage

University of Colorado Law Review

In nearly every area of law and governance, default policies exist when lawmakers cannot pass new legislation-typically the status quo simply remains in effect. To its detriment, United States budget making at both the state and federal levels lacks effective defaults. If a new budget isn't passed by year end, there is no budget, and the government shuts down. The lack of defaults, coupled with a dysfunctional era of budgetary politics, has led to a number of recent high profile and costly government shutdowns at the state and federal levels. To date, legal scholarship has failed to address both the …

Getting Even Less Than What They Paid For: The Plight Of Generic Drug Consumers Under The Levine-Mensing Dichotomy, Vikrama Chandrashekar

University of Colorado Law Review

The Drug Price Competition and Patent Restoration Act of 1984, known as the Hatch-Waxman Amendments, allows manufacturers to begin developing generic versions of patented, brand-name pharmaceuticals while the patent terms are in force, and to bring those generic versions to market as soon as the patent terms expire. The generic versions are to mimic the brand-name drug in every respect; thus, they are produced at a significantly reduced cost, and those savings are passed on to generic drug consumers. Under federal regulations, a generic drug's label must also mimic that of the brand-name drug, and generic drug manufacturers may not …

Recall Me Maybe? The Corrosive Effect Of Recall Elections On State Legislative Politics, Zachary J. Siegel

University of Colorado Law Review

For the first time in Colorado's 137-year history, voters in two districts recalled their state senators from office in September 2013. Although the event prompted significant debate over the controversial gun legislation that sparked the grassroots efforts to trigger the recall elections, discussion generally overlooked the implications of using political recall altogether-implications that concern the very foundation of American democracy: the role of the legislator. This Comment aims to fill that gap, examining politically motivated recalls in the context of state legislatures. Using the recent Colorado examples as a case study, this Comment argues that increased use of the tactic …

Table Of Contents (Vol. 86, Issue 2)

University of Colorado Law Review

No abstract provided.

From Access To Success: Affirmative Action Outcomes In A Class-Based System, Matthew N. Gaertner, Melissa Hart

University of Colorado Law Review

Scholarly discussion about affirmative action policy has been dominated in the past ten years by debates over "mismatch theory'"--the claim that race-conscious affirmative action harms those it is intended to help by placing students who receive preferences among academically superior peers in environments where they will be overmatched and unable to compete. Despite serious empirical and theoretical challenges to this claim in academic circles, mismatch has become widely accepted outside those circles, so much so that the theory played prominently in Justice Clarence Thomas's concurring opinion in Fisher v. University of Texas. This Article explores whether mismatch occurs in the …

Privatization And Its Discontents: The Troubling Record Of Privatized Prison Health Care, Dan Weiss

University of Colorado Law Review

As part of a decades-long national trend towards privatization, local governments have turned to private contractors to provide health care in American prisons and jails. Ostensibly, the driving force behind this phenomenon is a desire to cut costs in an era of expanding prison health care expenditures and contracting governmental revenue streams. Local government officials build the cost-cutting incentive directly into their contracts via fixed-rate payment structures and cost-sharing provisions for off-site emergency treatment. While these contracts encourage cost-reduction, they simultaneously discourage proper oversight; their indemnification clauses render local governments largely immune from financial consequences when contractors deny emergency care …

Tribes As Innovative Environmental "Laboratories", Elizabeth Ann Kronk Warner

University of Colorado Law Review

Tribes are not vestiges of the past, but laboratories of the future. - Vine Deloria, Jr1. Indian tribes, because of their distinctive regulatory authority and significant connection to the environment, possess unique capacities to innovate within the field of environmental law in the over fifty-six million acres that make up Indian country. This Article-the first scholarly work to address this aspect of tribal environmental law advocates for the idea of tribes as "laboratories" for examining environmental regulation. Tribes enact environmental regulation by two primary means-in their capacity as "tribes as states" (TAS) and in their capacity as inherent sovereigns-both of …

Intrastate Preemption In The Shifting Energy Sector, Uma Outka

University of Colorado Law Review

The United States energy sector is in a state of transition, at once moving toward cleaner energy resources, but also expanding the use of fossil fuels with new access to oil and gas plays. Although federalism concerns have dominated the literature, I argue here that the state-local relationship and intrastate preemption are shaping energy policy in important and under-examined ways. The energy transition to date has been marked by growth centered on hydraulic fracturing (fracking) and commercial wind development, both of which are mostly regulated at the state level. Local governments have exerted authority over both forms of energy production, …

When Apps Pollute: Regulating Transportation Network Companies To Maximize Environmental Benefits, K. Casey Strong

University of Colorado Law Review

"Ridesharing"h as long been touted as a means to reduce the pollution and congestion caused by personal vehicles, but in practice has been relatively unpopular among Americans. That outlook may be changing, however, thanks to new "Transportation Network Companies" (TNCs) that toe the line between ridesharing and for-hire passenger transportation services, such as taxis and limousines. UberX, Lyft, Sidecar, and other similar services have rapidly spread to cities throughout the United States, attracting the attention of investors and ire of incumbent transportation providers. Legal commentary has thus far focused on proposed regulations' implications for liability, public safety, and fairness, but …

The Problems Inherent In Litigating Employer Free Exercise Rights, Henry L. Chambers Jr.

University of Colorado Law Review

No abstract provided.

Litigating Against The Civil Rights Movement, Christopher W. Schmidt

University of Colorado Law Review

No abstract provided.

Identity Contests: Litigation And The Meaning Of Social- Movement Causes, Mary Ziegler

University of Colorado Law Review

No abstract provided.

Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In The United States Of America, S. James Anaya

Publications

No abstract provided.

Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Maori People In New Zealand, S. James Anaya

Publications

No abstract provided.

Mental Illness In The Library: Ten Tips To Better Serve Patrons, Nick Harrell, Cindy Guyer

Publications

No abstract provided.

From Access To Success: Affirmative Action Outcomes In A Class-Based System, Matthew N. Gaertner, Melissa Hart

Publications

Scholarly discussion about affirmative action policy has been dominated in the past ten years by debates over "mismatch theory'"--the claim that race-conscious affirmative action harms those it is intended to help by placing students who receive preferences among academically superior peers in environments where they will be overmatched and unable to compete. Despite serious empirical and theoretical challenges to this claim in academic circles, mismatch has become widely accepted outside those circles, so much so that the theory played prominently in Justice Clarence Thomas's concurring opinion in Fisher v. University of Texas. This Article explores whether mismatch occurs in …

The Zombie Lawyer Apocalypse, Peter H. Huang, Corie Rosen Felder

Publications

This Article uses a popular cultural framework to address the near-epidemic levels of depression, decision-making errors, and professional dissatisfaction that studies have documented are prevalent among law students and lawyers today.

Zombies present an apt metaphor for understanding and contextualizing the ills now common in the American legal and legal education systems. To explore that metaphor and its import, this Article will first establish the contours of the zombie literature and will apply that literature to the existing state of legal education and legal practice, ultimately describing a state that we believe can only be termed "the Zombie Lawyer Apocalypse." …

The Nonfinancial Returns Of Crowdfunding, Andrew A. Schwartz

Publications

Securities crowdfunding — the sale of unregistered securities to the public over the Internet — has come under attack before it has even begun. Legal scholars in particular have expressed concern that investors will lose any money they invest in crowdfunding companies. Even assuming that this may be true from a purely financial perspective, these critics are missing an important point: Crowdfund investors with negative returns will not simply have lost their money, but rather they will have spent it (at least in part) on nonpecuniary benefits, including entertainment, political expression and community building. These nonfinancial returns of crowdfunding are …

The Medical Cost Pandemic:Why Limiting Access To Cost-Effective Treatments Hurts The Global Poor, Govind Persad

Publications

Medical innovation in developed countries like the U.S. leads to an ever-changing medical standard of care. This innovation frequently also brings rising costs. While these costs strain even the sizeable health care budgets of developed countries, imposing them on developing countries would be much more burdensome. Yet a variety of commentators and legal actors, such as the World Health OrganiZation and UNAIDS, have argued that the same standards of care must be provided worldwide, and have enforced mandates to that effect. Interpretations of the human rght to health as a tight to the "highest attainable standard of health" similarly advance …

Outing Privacy, Scott Skinner-Thompson

Publications

The government regularly outs information concerning people's sexuality, gender identity, and HIV status. Notwithstanding the implications of such outings, the Supreme Court has yet to resolve whether the Constitution contains a right to informational privacy - a right to limit the government's ability to collect and disseminate personal information.

This Article probes informational privacy theory and jurisprudence to better understand the judiciary's reluctance to fully embrace a constitutional right to informational privacy. The Article argues that while existing scholarly theories of informational privacy encourage us to broadly imagine the right and its possibilities, often focusing on informational privacy's ability to …

A Prospect Theory Of Privacy, Bryan H. Choi

Publications

Privacy law has languished for decades while the other information law doctrines have flourished. This paradox can be explained by the relative weight assigned respectively to moral argument versus economic argument. Privacy law is unique in that it continues to be steered foremost by moral intuition. What qualifies as a "violation" of privacy is predicated largely on the moral reprehensibility of the act in question. By stark contrast, the intellectual property regimes have long since converted to being led primarily by economic considerations, and only secondarily by noneconomic factors.

That distinction is counterproductive and nonsensical. Personal data is an informational …

Halliburton And The Dog That Didn't Bark, Ann Lipton

Publications

In Halliburton Co. v. Erica P. John Fund, Inc., the Supreme Court held that defendants in a Section 10(b) class action may use the class-certification process to rebut the "fraud on the market" presumption that their misstatements impacted the price of the relevant security. In so doing, the Court struggled to explain why the class-certification process—rather than trial on the merits—was the proper venue for such disputes, and avoided the most obvious justification, namely, that in the absence of price impact, plaintiffs would still be able to bring individual claims. The Court's unwillingness to hold that plaintiffs may bring …

Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In Canada, S. James Anaya

Publications

No abstract provided.