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- Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002) (27)
- Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17) (27)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (26)
- Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3) (24)
- Proceedings of the Sino-American Conference on Environmental Law (August 16) (23)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (23)
- Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10) (22)
- Water Organizations in a Changing West (Summer Conference, June 14-16) (21)
- Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6) (21)
- Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3) (21)
- Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15) (20)
- Groundwater in the West (Summer Conference, June 16-18) (19)
- Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14) (18)
- External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16) (17)
- Innovation in Western Water Law and Management (Summer Conference, June 5-7) (17)
- Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7) (16)
- Coalbed Methane Development in the Intermountain West (April 4-5) (16)
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Articles 4501 - 4530 of 24813
Full-Text Articles in Entire DC Network
Concerning Clarifications To The Law Regarding Testing Illegal Drug Laboratories For Methamphetamine., Colorado General Assembly
Concerning Clarifications To The Law Regarding Testing Illegal Drug Laboratories For Methamphetamine., Colorado General Assembly
Session Laws 2001-Present
No abstract provided.
Concerning The Colorado Traumatic Brain Injury Program., Colorado General Assembly
Concerning The Colorado Traumatic Brain Injury Program., Colorado General Assembly
Session Laws 2001-Present
No abstract provided.
Concerning The Recognition Of Acequias, And, In Connection Therewith, Authorizing Acequia Ditch Corporations., Colorado General Assembly
Concerning The Recognition Of Acequias, And, In Connection Therewith, Authorizing Acequia Ditch Corporations., Colorado General Assembly
Session Laws 2001-Present
No abstract provided.
Concerning Extending The Repeal Date For The Reading Assistance Grant Program., Colorado General Assembly
Concerning Extending The Repeal Date For The Reading Assistance Grant Program., Colorado General Assembly
Session Laws 2001-Present
No abstract provided.
Value-Based Mandated Health Benefits, Amy B. Monahan
Value-Based Mandated Health Benefits, Amy B. Monahan
University of Colorado Law Review
Mandated health benefit laws figure prominently in health reform debates. These laws, which are primarily enacted by the states, require health insurers to cover specific medical treatment, services, or supplies such as mental health treatment, mammograms, or diabetes testing supplies. Critics argue that mandated health benefit laws increase health insurance costs, decrease consumer choice, and often are the product of rent-seeking, rather than sound public policy. This Article seeks to further the discussion of mandated health benefit laws by systemically identifying permissible rationales for such laws. The justifications identified include addressing (1) market failure that leads to nonavailability of coverage, …
Table Of Contents (Vol.80, Issue 1)
Table Of Contents (Vol.80, Issue 1)
University of Colorado Law Review
No abstract provided.
Accredited Indians: Increasing The Flow Of Private Equity Into Indian Country As A Domestic Emerging Marke, Gavin Clarkson
Accredited Indians: Increasing The Flow Of Private Equity Into Indian Country As A Domestic Emerging Marke, Gavin Clarkson
University of Colorado Law Review
Indian Country is America's domestic emerging market, and, as in other emerging markets, many successful businesses in Indian Country are starving for expansion capital. The U.S. Treasury estimates that the private-equity deficit in Indian Country is $44 billion. While the handful of wealthier tribes might be logical investors in private-equity funds deploying capital in Indian Country, the existing securities laws present a significant impediment. In particular, Regulation D of the Securities Act of 1933 does not treat tribes as "accredited investors," thus denying those tribes the ability to participate in the private-equity market. Since there is no principled reason to …
The Changing Scope Of The United States' Trust Duties To American Indian Tribes: Navajo Nation V. United States, Kimberly C. Perdue
The Changing Scope Of The United States' Trust Duties To American Indian Tribes: Navajo Nation V. United States, Kimberly C. Perdue
University of Colorado Law Review
The mineral wealth beneath Native American lands has been an enduring source of controversy with respect to treaty relations between Indian Tribes and the United States government and the contours of the United States' trust duties to the Tribes. Whereas in past years the process by which minerals like coal have been converted to capital amounted to blatant exploitation of America's indigenous populations, Indian governments have acquired more control over the extraction of their minerals throughout the twentieth century. That this control remains severely limited both by federal regulations and the United States government's complicity with powerful representatives of the …
The Rocky Path From Section 601 Of The Iirira To Issue- Specific Asylum Legislation Protecting The Parents Of Fgm-Vulnerable Children, Andy Rottman
University of Colorado Law Review
Political asylum in the United States is intended to protect those who fear persecution if they are returned to their country of origin. Arguably, the United States asylum system works reasonably well when the asylum seeker fits neatly within the statutory asylum scheme. If, however, asylum seekers' claims fall outside the statute, the asylum system can work inhumane results. In these situations, Congress can use issue-specific legislation to protect a group facing a discrete humanitarian crisis. This was done in section 601 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA"), which explicitly provided asylum protection to …
Why Waste Water? A Bifurcated Proposal For Managing, Utilizing, And Profiting From Coalbed Methane Discharged Water, Samuel S. Bacon
Why Waste Water? A Bifurcated Proposal For Managing, Utilizing, And Profiting From Coalbed Methane Discharged Water, Samuel S. Bacon
University of Colorado Law Review
The Coalbed Methane ("CBM") industry is booming throughout the Rocky Mountain West, creating a relatively clean energy alternative, much needed jobs in the region, and a deluge of water pumped from the ground in connection with CBM capture. In order to free the valuable natural gas, companies must first pump out substantial quantities of subsurface water holding the pressurized gas in place. This water varies in quality, from perfectly useful, potable water to poor-quality water with the potential to destroy the surrounding environment. Correspondingly, disposal of the pumped water varies from simply releasing it into streams surrounding the CBM pads …
Class Dismissed: Equal Protection, The "Class-Of-One," And Employment Discrimination After Engquist V. Oregon Department Of Agriculture, Matthew M. Morrison
Class Dismissed: Equal Protection, The "Class-Of-One," And Employment Discrimination After Engquist V. Oregon Department Of Agriculture, Matthew M. Morrison
University of Colorado Law Review
This Note examines whether government employees should be able to assert so-called "class-of-one" claims against public employers under the Fourteenth Amendment's Equal Protection Clause. Traditional equal protection claims allege that the government has impermissibly singled out the plaintiff for disparate treatment on account of his or her race, gender, or some other trait shared with a larger class of individuals. Such claims reflect the traditional understanding of the Equal Protection Clause as a prohibition on discriminatory group classifications. Class-of-one claims, however, merely allege that the plaintiff was intentionally singled out from other similarly situated individuals and subjected to unequal treatment …
New York Climate Change Report Card: Improvement Needed For More Effective Leadership And Overall Coordination With Local Government, Patricia E. Salkin
New York Climate Change Report Card: Improvement Needed For More Effective Leadership And Overall Coordination With Local Government, Patricia E. Salkin
University of Colorado Law Review
Climate change has rapidly become a focal point of international environmental policy debate as countries seek to develop and implement strategies to address the critical need to slow the pace of global warming. In the United States, the failure of the federal government to muster the political will necessary to deal with the challenges on a national level has placed the onus on state and local governments to assume a leadership role. As laboratories of innovation, state and local governments continue to experiment with a wide range of policies and initiatives designed to reduce greenhouse gas emissions, promote the use …
Toward A Net-Zero Carbon Planet: A Policy Proposal, Matthew J. Kiefer
Toward A Net-Zero Carbon Planet: A Policy Proposal, Matthew J. Kiefer
University of Colorado Law Review
The effort to address climate change is global in scale and increasingly urgent, yet it lacks an effective policy framework. President Obama's determination to elevate clean energy to a national policy priority, Congress's consideration of a federal cap-and-trade regime for greenhouse gases, and the upcoming revisions to the Kyoto Protocol all provide an opportunity to move toward adopting a globally balanced carbon budget. A balanced carbon budget could replace the current, somewhat arbitrary greenhouse gas reduction targets with a scientifically derived calibration limiting global carbon emissions to the rate of carbon absorption. Carbon sub-budgets could then be allocated to each …
Policy, Urban Form, And Tools For Measuring And Managing Greenhouse Gas Emissions: The North American Problem, Nicole Miller, Duncan Cavens, Patrick Condon, Ronald Kellett
Policy, Urban Form, And Tools For Measuring And Managing Greenhouse Gas Emissions: The North American Problem, Nicole Miller, Duncan Cavens, Patrick Condon, Ronald Kellett
University of Colorado Law Review
The scale of intervention required to reduce and adapt to the effects of climate change will require action at all levels of government and society. International accords and some federal and state governments are beginning to address greenhouse gas reduction targets, but it is at the local level that most decisions about urban form are made. Yet, urban planners and local decision makers generally lack the tools and means needed to make informed choices about the climate change implications of local growth and redevelopment decisions or to measure the effects of their decisions. While a wide spectrum of tools currently …
A Comment On Making Sustainable Land-Use Planning Work, Peter Pollock
A Comment On Making Sustainable Land-Use Planning Work, Peter Pollock
University of Colorado Law Review
Many models exist for creating better communities: for example, smart growth, new urbanism, and sustainable development. City planners have at their disposal a number of model ordinances and policies that could help communities meet the challenges of climate change and looming changes in transport and energy supply. The problem is not the lack of tools, but other policy issues that stymie their effective application. The localized nature of community planning, the inability to overcome local opposition to redevelopment within existing city boundaries, the lack of rigor in assigning costs to new development, the local competition for taxes, and the legacy …
Adapting To Post-Oil Futures: Community Action, The Urban Sustainability Retrofit, And The Writings Of James Howard Kunstler, Brian Muller
Adapting To Post-Oil Futures: Community Action, The Urban Sustainability Retrofit, And The Writings Of James Howard Kunstler, Brian Muller
University of Colorado Law Review
James Howard Kunstler has written prolifically about the problems of sustainability and livability in the modern American city. This Essay discusses Kunstler's view of adaptation and compares it to the various efforts underway in cities across the United States to address problems of climate change and resource depletion, which I generally term the urban "sustainability retrofit." Kunstler describes an adaptive path that is brutal, driven by resource scarcity, social collapse, and environmental disaster. Although Kunstler presents an extreme view, this Essay argues that his books are important because they demand that readers reflect about the conditions under which sustainable and …
The Subprime Crisis And The Link Between Consumer Financial Protection And Systemic Risk, Erik F. Gerding
The Subprime Crisis And The Link Between Consumer Financial Protection And Systemic Risk, Erik F. Gerding
Publications
This Article argues that the current global financial crisis, which was first called the “subprime crisis,” demonstrates the need to revisit the division between financial regulations designed to protect consumers from excessively risky loans and safety-and-soundness regulations intended to protect financial markets from the collapse of financial institutions. Consumer financial protection can, and must, serve a role not only in protecting individuals from excessive risk, but also in protecting markets from systemic risk. Economic studies indicate it is not merely high rates of defaults on consumer loans, but also unpredictable and highly correlated defaults that create risks for both lenders …
How The New Economics Can Improve Employment Discrimination Law, And How Economics Can Survive The Demise Of The Rational Actor, Scott A. Moss, Peter H. Huang
How The New Economics Can Improve Employment Discrimination Law, And How Economics Can Survive The Demise Of The Rational Actor, Scott A. Moss, Peter H. Huang
Publications
Much employment discrimination law is premised on a purely money-focused "reasonable" employee, the sort who can be made whole with damages equal to lost wages, and who does not hesitate to challenge workplace discrimination. This type of "rational" actor populated older economic models but has been since modified by behavioral economics and research on happiness. Behavioral and traditional economists alike have analyzed broad employment policies, such as the wisdom of discrimination statutes, but the devil is in the details of employment law. On the critical damages-and-liability issues the Supreme Court and litigators face regularly, the law essentially ignores the lessons …
Crises, Congress, And Cognitive Biases: A Critical Examination Of Food And Drug Legislation In The United States, Sharon B. Jacobs
Crises, Congress, And Cognitive Biases: A Critical Examination Of Food And Drug Legislation In The United States, Sharon B. Jacobs
Publications
No abstract provided.
Rape, Feminism, And The War On Crime, Aya Gruber
Rape, Feminism, And The War On Crime, Aya Gruber
Publications
Over the past several years, feminism has been increasingly associated with crime control and the incarceration of men. In apparent lock step with the movement of the American penal system, feminists have advocated a host of reforms to strengthen state power to punish gender-based crimes. In the rape context, this effort has produced mixed results. Sexual assault laws that adopt prevailing views of criminality and victimhood, such as predator laws, enjoy great popularity. However, reforms that target the difficulties of date rape prosecutions and seek to counter gender norms, such as rape shield and affirmative consent laws, are controversial, sporadically-implemented, …
Whose Sustainable Development? Sustainable Development Under The Kyoto Protocol, The Coldplay Effect And The Cdm Gold Standard, Sam Headon
Colorado Environmental Law Journal
No abstract provided.
Whose Sustainable Development? Sustainable Development Under The Kyoto Protocol, The "Coldplay Effect," And The Cdm Gold Standard, Sam Headon
Colorado Environmental Law Journal
No abstract provided.
Connections: Beyond Universal Service In The Digital Age, Kevin Werbach
Connections: Beyond Universal Service In The Digital Age, Kevin Werbach
Colorado Technology Law Journal
No abstract provided.
The Political Economy Of Patent Policy Reform In The United States, F. M. Scherer
The Political Economy Of Patent Policy Reform In The United States, F. M. Scherer
Colorado Technology Law Journal
No abstract provided.
Don't Send A Lawyer To Do An Engineer's Job: How Advancing Technology Changes The Software Monoculture Debate, John Bergmayer
Don't Send A Lawyer To Do An Engineer's Job: How Advancing Technology Changes The Software Monoculture Debate, John Bergmayer
Colorado Technology Law Journal
No abstract provided.
Weaving The Navajo.Net, David B. Wilson
Weaving The Navajo.Net, David B. Wilson
Colorado Technology Law Journal
No abstract provided.
Social Factoring The Numbers With Assisted Reproduction, Bridget J. Crawford, Lolita Buckner Inniss
Social Factoring The Numbers With Assisted Reproduction, Bridget J. Crawford, Lolita Buckner Inniss
Publications
In early 2009 the airwaves came alive with sensational stories about Nadya Suleman, the California mother who gave birth to octuplets conceived via assisted reproductive technology. Nadya Suleman and her octuplets are vehicles through which Americans express their anxiety about race, class and gender. Expressions of concern for the health of children, the mother's well-being, the future of reproductive medicine or the financial drain on taxpayers barely conceal deep impulses towards racism, sexism and classism. It is true that the public has had a longstanding fascination with multiple births and with large families. This is evidenced by a long history …
The Diverging Meaning Of Good Faith, Mark J. Loewenstein
The Diverging Meaning Of Good Faith, Mark J. Loewenstein
Publications
This article explores the meaning of "good faith" in the context of corporations and unincorporated entities. The courts, particularly in Delaware, have developed two different approaches. In the corporate arena, the courts are fashioning a notion of good faith that seems to require an examination of director motivations. In the unincorporated arena, good faith has a meaning grounded in contract law. These are two different concepts and reflect the fundamental differences between corporations and unincorporated entities, with the former based on fiduciary duties and the latter on contract. There are, however, indications that this "divergence" is starting to disappear, and …
Researching Colorado Local Government Law, Robert M. Linz
Researching Colorado Local Government Law, Robert M. Linz
Publications
No abstract provided.
If It Is Broken, Then Fix It: Needed Reforms To Employment Discrimination Law: 2009 Annual Meeting Of The Association Of American Law Schools Section On Employment Discrimination Law, Melissa Hart, Minna Kotkin, Roberto Corrada, Deborah Widiss
If It Is Broken, Then Fix It: Needed Reforms To Employment Discrimination Law: 2009 Annual Meeting Of The Association Of American Law Schools Section On Employment Discrimination Law, Melissa Hart, Minna Kotkin, Roberto Corrada, Deborah Widiss
Publications
No abstract provided.