Digital Commons Network^™

The White Whale: Bringing Emotion And Relevance To The Contemporary Trusts And Estates Course, Wayne M. Gazur

Publications

No abstract provided.

Torn Between Two Selves: Should Law Care More About Experiencing Selves Or Remembering Selves?, Peter H. Huang

Publications

Based upon psychological research and neuroscience studies about subjective well-being, 2002 Nobel Laureate in Economics Daniel Kahneman poses a riddle about which of these two selves should count: experiencing selves or remembering selves. Our remembered emotions (memories) are usually rosier than our experienced emotions, and people are motivated by their predicted emotions, which tend to coincide with their emotional memories. This Article advocates that law should care more about experiencing selves than remembering selves if and when experiences result in chronic health or stress consequences that either (1) societies care about more than people do (because of externalities, public bads, …

Grazing In Wilderness Areas, Mark Squillace

Publications

Domestic livestock grazing is naturally in tension with wilderness. Wilderness areas are not truly "untrammeled by man" when they host managed livestock grazing. Yet the compromise that allowed livestock grazing in wilderness areas was surely one of the greatest in the history of the conservation movement. Without it, Congress might never have passed a wilderness bill or designated countless wilderness areas throughout the country. The grazing exception--and the Congressional Grazing Guidelines that afford specific protections for grazers--made it possible to secure bipartisan support for wilderness bills in even the most conservative western states.

Notwithstanding this success, the ecology of some …

Regulating The Internet Of Things: First Steps Toward Managing Discrimination, Privacy, Security, And Consent, Scott R. Peppet

Publications

The consumer "Internet of Things" is suddenly reality, not science fiction. Electronic sensors are now ubiquitous in our smartphones, cars, homes, electric systems, health-care devices, fitness monitors, and workplaces. These connected, sensor-based devices create new types and unprecedented quantities of detailed, high-quality information about our everyday actions, habits, personalities, and preferences. Much of this undoubtedly increases social welfare. For example, insurers can price automobile coverage more accurately by using sensors to measure exactly how you drive (e.g., Progressive 's Snapshot system), which should theoretically lower the overall cost of insurance. But the Internet of Things raises new and difficult questions …

Copyright Crime And Punishment: The First Amendment's Proportionality Puzzle, Margot Kaminski

Publications

The United States is often considered to be the most speech-protective country in the world. Paradoxically, the features that have led to this reputation have created areas in which the United States is in fact less speech protective than other countries. The Supreme Court's increasing use of a categorical approach to the First Amendment has created a growing divide between the US. approach to reconciling copyright and free expression and the proportionality analysis adopted by most of the rest of the world.

In practice, the U.S. categorical approach to the First Amendment minimizes opportunities for judicial oversight of copyright. Consequently, …

Citizens United, States Divided: An Empirical Analysis Of Independent Political Spending, Douglas M. Spencer, Abby K. Wood

Publications

What effect has Citizens United v. FEC had on independent spending in American politics? Previous attempts to answer this question have focused solely on federal elections, where there is no baseline for comparing changes in spending behavior. We overcome this limitation by examining the effects of Citizens United as a natural experiment on the states. Before Citizens United, about half of the states banned corporate independent expenditures and thus were "treated" by the Supreme Court's decision, which invalidated these state laws. We rely on recently released state-level data to compare spending in "treated" states to spending in the "control" states, …

Organized Identity Theft Groups And Structure, Karen Skinner

Publications

No abstract provided.

Democratic Deliberation And The Ethical Review Of Human Subjects Research, Govind Persad

Publications

In the United States, the Presidential Commission for the Study of Bioethical Issues has proposed deliberative democracy as an approach for dealing with ethical issues surrounding synthetic biology. Deliberative democracy might similarly help us as we update the regulation of human subjects research. This paper considers how the values that deliberative democratic engagement aims to realize can be realized in a human subjects research context. Deliberative democracy is characterized by an ongoing exchange of ideas between participants, and an effort to justify decisions that bind participants by appeal to reasons that the participants can understand and share. Even when unanimous …

Libertarian Patriarchalism: Nudges, Procedural Roadblocks, And Reproductive Choice, Govind Persad

Publications

Cass Sunstein and Richard Thaler's proposal that social and legal institutions should steer individuals toward some options and away from others-a stance they dub "libertarian paternalism"-has provoked much high-level discussion in both academic and policy settings. Sunstein and Thaler believe that steering, or "nudging," individuals is easier to justify than the bans or mandates that traditional paternalism involves. This Article considers the connection between libertarian paternalism and the regulation of reproductive choice. I first discuss the use of nudges to discourage women from exercising their right to choose an abortion, or from becoming or remaining pregnant. I then argue that …

Food For Thought: Genetically Modified Seeds As De Facto Standard-Essential Patents, Benjamin M. Cole, Brent J. Horton, Ryan Vacca

University of Colorado Law Review

For several years, courts have improperly calculated damages in cases involving the unlicensed use of genetically modified (GM) seed technology. In particular, when courts determine patent damages based on the hypothetical negotiation method, they err in exaggerating these damages to a point where no rational negotiator would agree. In response, we propose a limited affirmative defense of an implied license due to the patent's status as a de facto standard-essential patent. To be classified as a de facto standard-essential patent, the farmer must prove three elements that reflect the peculiarities of GM seeds used in farming: (1) dominance, (2) impracticability, …

Regulating Hydraulic Fracturing Through Land Use: State Preemption Prevails, Kevin J. Duffy

University of Colorado Law Review

Hydraulic fracturing enables oil and gas operators to maximize hydrocarbon extraction from unconventional reservoirs. The increasing prevalence of fracturing generates robust debate and review of the environmental and economic impacts of the practice. An unbiased political dialogue of fracturing proves challenging. The technical complexity of the process and the divergent perceptions of local and state decision-makers foment regulatory tension. A division-of authority contest between the state government and home-rule cities ensues. In Colorado, state-level preemption gives courts a tool to invalidate local regulation of oil and gas activities where an operational conflict exists between the state and local law. However, …

Exit, Voice, And Loyalty As Federalism Strategies: Lessons From The Same-Sex Marriage Debate, Ernest A. Young

University of Colorado Law Review

No abstract provided.

Amicus (Fall 2013), University Of Colorado Law School

Amicus

Issue at a glance:

• Describes the importance of mentoring and individualized legal education
• Illustrates curriculum initiatives
• Highlights outstanding accomplishments of current students
• Explains the importance of legacy gifts and the Heritage Society
• Highlights from the Colorado Law Action Plan
• Profiles of new faculty and staff
• Updates on Colorado Law alumni

Agenda: Arizona V. California At 50: The Legacy And Future Of Governance, Reserved Rights, And Water Transfers, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Arizona v. California at 50: The Legacy and Future of Governance, Reserved Rights, and Water Transfers (Martz Summer Conference, August 15-16)

The Colorado River is an economic, environmental and cultural lifeline of the southwestern United States, and the allocation of its scarce waters are a source of ongoing controversy. This year marks the 50th anniversary of the Supreme Court decision in Arizona v. California. While the case was an important landmark in the still-evolving relationship between these two Lower Basin states, it remains most relevant today by the way in which it clarified federal rights and responsibilities. This is especially true in the areas of federal (including tribal) reserved rights, the role of the Interior Secretary in Lower Basin water …

Flames Away: Why Corporate Social Responsibility Is Necessary To Stop Excess Natural Gas Flaring In Nigeria, Ashley Palomaki

Colorado Environmental Law Journal

No abstract provided.

Carpe Lacum: Asian Carp And The Great Lakes, Justin Bonebrake

Colorado Environmental Law Journal

No abstract provided.

Monuments, Mountains, And ... The Mediterranean Diet? Potential For Unesco's World Culinary Heritage Inscriptions To Positively Affect Sustainable Agriculture, Morgan Figuers

Colorado Environmental Law Journal

No abstract provided.

Freezing To Heat The Future: Streamlining The Planning And Monitoring Of Arctic Hydrocarbon Development, Kristen Rice

Colorado Environmental Law Journal

No abstract provided.

Energy Policy From A Federal Legislative Perspective, Jeff Bingaman

Colorado Environmental Law Journal

No abstract provided.

Development And Dissemination Of Clean Cookstoves: A Model Law For Developed Countries, Lakshman Guruswamy

Colorado Environmental Law Journal

No abstract provided.

Development And Dissemination Of Clean Cookstoves: A Model Law For Developing Countries, Lakshman Guruswamy

Colorado Environmental Law Journal

No abstract provided.

Introduction, Lakshman Guruswamy

Colorado Environmental Law Journal

No abstract provided.

Clean Cookstoves For A Billion Cooks: Designing Diverse Laws To Solve A Worldwide Problem, Cynthia M. Barr

Colorado Environmental Law Journal

No abstract provided.

Settler Colonialism And Reclamation: Where American Indian Law And Natural Resources Law Meet, Sarah Krakoff

Colorado Environmental Law Journal

No abstract provided.

Foreward, Ashley Palomaki

Colorado Environmental Law Journal

No abstract provided.

Getches Wilkinson Center Newsletter, Winter/Spring 2013, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.

The Creation Of Value: The Value Circle And Evolving Market Structures, Jonathan Sallet

Colorado Technology Law Journal

No abstract provided.

Judged By The Tin Man: Individual Rights In The Age Of Big Data, Omer Tene, Jules Polonetsky

Colorado Technology Law Journal

No abstract provided.

Concerning The Regulation Of Stop-Loss Health Insurance Used In Conjunction With Self-Insured Health Care Coverage In Employer Benefit Plans., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Repeal Of Covercolorado, And, In Connection Therewith, Terminating Health Care Coverage For All Covercolorado Participants Effective April 1, 2014, As Part Of The Transition To Health Insurance Coverage Regardless Of Preexisting Medical Conditions Under The Federal "Patient Protection And Affordable Care Act"., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.