Digital Commons Network^™

Arbitration Of International Oil, Gas, And Energy Disputes In Latin America, Alexia Brunet, Juan Agustin Lentini

Publications

No abstract provided.

Sensational Reports: The Ethical Duty Of Cause Lawyers To Be Competent In Public Advocacy, Deborah J. Cantrell

Publications

This article argues that cause lawyers - those lawyers whose primary focus is on social change rather than on for-profit client-based work - have an ethical responsibility to be competent in public advocacy. That responsibility stems from a cause lawyer's commitment to the principles embodied in the particular social movement in which the lawyer is acting. It is reinforced by the requirement of competency under the Model Rules of Professional Conduct. To illustrate the contours of a competent public advocacy strategy, the article highlights two cause lawyering organizations, Legal Momentum and the Institute for Justice, and considers how each organization …

An External Perspective On The Nature Of Noneconomic Compensatory Damages And Their Regulation, Ronald J. Allen, Alexia Brunet, Susan Spies Roth

Publications

No abstract provided.

Illuminating Secrecy: A New Economic Analysis Of Confidential Settlements, Scott A. Moss

Publications

Even the most hotly contested lawsuits typically end in a confidential settlement forbidding the parties from disclosing their allegations, evidence, or settlement amount. Confidentiality draws fierce criticism for harming third parties by concealing serious misdeeds like discrimination, pollution, defective manufacturing, and sexual abuse. Others defend confidentiality as a mutually beneficial pay-for-silence bargain that facilitates settlement, serves judicial economy, and prevents frivolous copycat lawsuits. This debate is based in economic logic, yet most analyses have been surprisingly shallow as to how confidentiality affects incentives to settle. Depicting a more nuanced, complex reality of litigation and settlement, this Article reaches several conclusions …

Students And Workers And Prisoners - Oh, My! A Cautionary Note About Excessive Institutional Tailoring Of First Amendment Doctrine, Scott A. Moss

Publications

First Amendment free speech doctrine has been called "institutionally oblivious" for ignoring how different institutions present different legal questions. This Article analyzes a little-discussed phenomenon in the growing literature about institutional context in constitutional law. With certain institutions, the situation is not institutional obliviousness but the opposite: extreme institutional tailoring of speech doctrine. The burden of proof ordinarily is on the government to justify speech restrictions, but in three institutions--public schools, workplaces, and prisons--courts allow heavy speech restrictions and defer to government officials. Even if these institutions need to restrict speech unusually often, why do we need different doctrine--institutionally tailored …

From "Navigable Waters" To "Constitutional Waters": The Future Of Federal Wetlands Regulation, Mark Squillace

Publications

Wetlands regulation in the United States has a tumultuous history. The early European settlers viewed wetlands as obstacles to development, and they drained and filled wetlands and swamps at an astounding rate, often with government support, straight through the middle of the twentieth century. As evidence of the ecological significance of wetlands emerged over the last several decades, programs to protect and restore wetlands became prominent. Most notable among these is the permitting program under § 404 of the Clean Water Act. That provision prohibits dredging or filling of "navigable waters," defined by law to mean "waters of the United …

"Remarkable Stratagems And Conspiracies": How Unscrupulous Lawyers And Credulous Judges Created An Exception To The Hearsay Rule, Marianne Wesson

Publications

This paper, a companion piece to the author's earlier exploration of the case of Mutual Life Insurance Company v. Hillmon, describes the remarkable record of unethical conduct compiled by the eminent and respectable attorneys for the insurance companies in the course of that litigation. When married with the Supreme Court Justices' uncritical willingness to accept the false narrative thus contrived, these attorneys' misconduct led to the creation of an important rule of evidence - a rule of questionable merit. This article aims to remind us that lawyers who are willing to distort the process of litigation have the power …

A Domestic Right Of Return?: Race, Rights, And Residency In New Orleans In The Aftermath Of Hurricane Katrina, Lolita Buckner Inniss

Publications

This article begins with a critical account of what occurred in the aftermath of Hurricane Katrina. This critique serves as the backdrop for a discussion of whether there are international laws or norms that give poor, black Katrina victims the right to return to and resettle in New Orleans. In framing this discussion, this article first briefly explores some of the housing deprivations suffered by Katrina survivors that have led to widespread displacement and dispossession. The article then discusses two of the chief barriers to the return of poor blacks to New Orleans: the broad perception of a race-crime nexus …

Documents, Leaks, And The Boundaries Of Expression: Government Whistleblowing In An Over Classified Age, Susan Nevelow Mart

Publications

No abstract provided.

The Patent Office Meets The Poison Pill: Why Legal Methods Cannot Be Patented, Andrew A. Schwartz

Publications

In 2003, for the first time in its 170-year history, the United States Patent Office began awarding patents for novel legal innovations, in addition to traditional inventions such as the telephone or airplane. Commentators have accepted the Patent Office's power to grant legal method patents, but at the same time have criticized this new type of patent on policy grounds. But no one has suggested that the Patent Office exceeded its authority by awarding patents for legal methods, until now.

In the Patent Act of 1952, which is still in effect today, Congress established certain requirements for patentability, including a …

Conference Transcript: The New Realism: The Next Generation Of Scholarship In Federal Indian Law, Kristen A. Carpenter, Philip Frickey, John Dossett, Riyaz Kanji, Sarah Hicks

Publications

No abstract provided.

The Colorado Constitution In The New Century, Richard B. Collins

Publications

TABOR, gay marriage, pit bulls, guns, redistricting, ethics in government, school vouchers, and minimum wage have been on Colorado's constitutional agenda for the past seven years. Dale Oesterle and I authored a book-length study of the Colorado Constitution through 2001. This article reviews amendments and judicial decisions arising since. It should surprise no one that TABOR has generated by far the most decisions.

City Of Fort Morgan V. Puc

Colorado Supreme Court Records and Briefs Collection

No abstract provided.

City Of Fort Morgan V. Puc

Colorado Supreme Court Records and Briefs Collection

No abstract provided.

Boulder Revised Code 1981, Boulder

Colorado Historical Municipal Codes

No abstract provided.

Reutter V. Weber

Colorado Supreme Court Records and Briefs Collection

No abstract provided.

Reutter V. Weber

Colorado Supreme Court Records and Briefs Collection

No abstract provided.

Slides: A Climate Change Initiative For The Rockies, Jim Norton

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Presenter: Jim Norton, Director, Environmental Protection Division, New Mexico Environment Department.

12 slides.

Slides: Climate Change Action In Arizona & The West, Stephen A. Owens

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Presenter: Stephen A. Owens, Director, Arizona Department of Environmental Quality.

24 slides.

Slides: Adapting To Climate And To Climate Change, Roger S. Pulwarty

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Presenter: Roger S. Pulwarty, Research Scientist, National Oceanic and Atmospheric Administration/CIRES, Boulder.

50 slides.

Slides: Potential Climate Change Impacts On California, Fran Pavley

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Presenter: Fran Pavley, California Assemblywoman.

1 page and 17 slides.

Assembly Member Fran Pavley will discuss efforts in California to reduce global warming pollution. She will provide information on her landmark bill, AB 1493, which requires automakers to reduce greenhouse gas emissions from cars and light trucks, and also talk about her current legislation, AB 32 (Núñez-Pavley) to require a statewide cap on greenhouse gases and mandatory reporting from large-scale emitters.

Comparing Climate-Change Mitigating Potentials Of Alternative Synthetic Liquid Fuel Technologies Using Biomass And Coal, Robert H. Williams, Eric D. Larson, Haiming Jin

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Presenter: Robert H. Williams, Senior Research Scientist, Princeton University, Princeton, NJ.

19 pages (includes color illustrations).

Contains references.

Slides: Summary—The California Perspective And California Perspective: Climate Change And Water Resources, Jeanine Jones

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Presenter: Jeanine Jones, California Department of Water Resources.

2 pages and 16 slides.

Agenda: Climate Change And The Future Of The American West: Exploring The Legal And Policy Dimensions, University Of Colorado Boulder. Natural Resources Law Center

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Sponsors: The William and Flora Hewlett Foundation; BP America; Holland & Hart; Patrick, Miller & Krope, P.C.; The Rocky Mountain Mineral Law Foundation, Rocky Mountain Natural Resource Center of the National Wildlife Federation, Western Water Assessment.

Exploring the legal and political dimensions that climate change will bring to the American West will be the focus of the CU-Boulder Natural Resources Law Center's 27th Annual Summer Conference.

Titled "Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions," the conference will be held June 7-9 at the Fleming Law Building on the University of Colorado at …

Slides: Weather And Climate Extremes In A Future Warmer Climate, Gerald A. Meehl

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Presenter: Gerald A. Meehl, Senior Scientist, National Center for Atmospheric Research.

16 slides.

Slides: The Real Biofuel Cycles And The Earth, Biofuels, And Reality, Tad W. Patzek

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Presenter: Tad W. Patzek, Professor of Petroleum Engineering, University of California at Berkeley, Berkeley, CA

2 pages and 29 slides.

Contains footnotes.

The Earth, Energy, And Agriculture, Tad W. Patzek

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Presenter: Tad W. Patzek, Professor of Petroleum Engineering, University of California at Berkeley, Berkeley, CA.

13 pages (includes some color illustrations).

Contains references.

Slides: The Moral And Political Challenges Of Climate Change And Ethics And Climate Change, Dale Jamieson, Michael (Mickey) Glantz

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Presenter: Dale Jamieson, Professor, New York University, New York NY.

Commentator: Michael (Mickey) Glantz, Center for Capacity Building, National Center for Atmospheric Research, Boulder, CO.

9 pages and 13 slides.

Contains references.

Slides: Climate Change And Water Resources And Risa Regional Integrated Sciences And Assessments: Building Bridges Between Climate Sciences And Society, Brad Udall

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Presenter: Brad Udall, Executive Director, CIRES Western Water Assessment.

31 slides.

Reutter V. Weber

Colorado Supreme Court Records and Briefs Collection

No abstract provided.