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Articles 5791 - 5820 of 24816
Full-Text Articles in Entire DC Network
The Virtues And Vices Of Sovereignty, Sarah Krakoff
The Virtues And Vices Of Sovereignty, Sarah Krakoff
Publications
American Indian tribal sovereignty is viewed very differently in the United States Supreme Court than it is in American Indian tribal nations. The United States Supreme Court, the progenitor of the legal doctrine of tribal sovereignty, appears skeptical of the doctrine's continuing viability. The Court is therefore veering away from any strong notion of retained inherent tribal sovereignty. American Indian tribes, the sources and perpetuators of de facto tribal sovereignty, are more committed than ever to enacting their sovereignty on the ground, as well as promoting and protecting its legal status in the courts and in Congress. There is an …
Index To The House Journal State Of Colorado: Sixty-Fifth General Assembly First Extraordinary Session At Denver, The State Capitol, Colorado General Assembly
Index To The House Journal State Of Colorado: Sixty-Fifth General Assembly First Extraordinary Session At Denver, The State Capitol, Colorado General Assembly
Colorado House and Senate Journals
No abstract provided.
Index To The House Journal State Of Colorado: Sixty-Fifth General Assembly Second Regular Session At Denver, The State Capitol, Colorado General Assembly
Index To The House Journal State Of Colorado: Sixty-Fifth General Assembly Second Regular Session At Denver, The State Capitol, Colorado General Assembly
Colorado House and Senate Journals
No abstract provided.
Journal Of The House Of Representatives State Of Colorado: Sixty-Fifth General Assembly First Extraordinary Session At Denver, The State Capitol, Colorado General Assembly
Journal Of The House Of Representatives State Of Colorado: Sixty-Fifth General Assembly First Extraordinary Session At Denver, The State Capitol, Colorado General Assembly
Colorado House and Senate Journals
No abstract provided.
Intimate Homicide: Gender And Crime Control, 1880-1920, Carolyn B. Ramsey
Intimate Homicide: Gender And Crime Control, 1880-1920, Carolyn B. Ramsey
Publications
The received wisdom, among feminists and others, is that historically the criminal justice system tolerated male violence against women. This article dramatically revises feminist understanding of the legal history of public responses to intimate homicide by showing that, in both the eastern and the western United States, men accused of killing their intimates often received stern punishment, including the death penalty, whereas women charged with similar crimes were treated leniently. Although no formal "battered woman's defense" existed in the late 1800s and early 1900s, courts and juries implicitly recognized one--and even extended it to abandoned women who killed their unfaithful …
Freedom Of The Press In Wartime, David A. Anderson
Freedom Of The Press In Wartime, David A. Anderson
University of Colorado Law Review
The Press Clause of the First Amendment should be understood to require the government to permit coverage of war. Up to now, the Supreme Court has ascribed little independent significance to the Press Clause. It has protected the press under the Speech Clause when possible, and denied press claims that would require reading the Press Clause as creating rights not guaranteed to all speakers. Logistical and security concerns, however, make it impossible to give all speakers the access necessary to cover war. In all wars, the military tries to suppress news coverage that might undermine public support for the war. …
Is Cost-Benefit Analysis Neutral, David M. Driesen
Is Cost-Benefit Analysis Neutral, David M. Driesen
University of Colorado Law Review
Cost-benefit analysis (CBA) owes much of its appeal to its image as a neutral principle for deciding upon the appropriate stringency of environmental, health, and safety regulation. This Article examines whether CBA is neutral in effect-i.e. whether it sometimes makes regulations more stringent or regularly leads to weaker environmental, health, and safety protection. Using a representative data set from recent Office of Management and Budget (OMB) reviews, an examination of OMB prompt letters, and a literature review, this Article shows that CBA has almost always proven anti-environmental in practice. It also shows that the most common approaches to CBA are …
Toward A New Horizontal Federalism: Interstate Water Management In The Great Lakes Region, Noah D. Hall
Toward A New Horizontal Federalism: Interstate Water Management In The Great Lakes Region, Noah D. Hall
University of Colorado Law Review
This article presents a new model for environmental policy, called cooperative horizontal federalism. The cooperative horizontal federalism approach utilizes a constitutional mechanism for states to bind themselves to common substantive and procedural environmental protection standards, implemented individually with regional resources and enforcement. Here, the concept of the cooperative horizontal federalism model is illustrated through the recently proposed Great Lakes-St. Lawrence River Basin Water Resources Compact. Under this proposed compact, the eight Great Lakes states would cooperatively manage the world's largest freshwater resource under common minimum standards, which are then incorporated into state law and implemented individually. This cooperative horizontal federalism …
The Roadless Rule That Never Was: Why Roadless Areas Should Be Protected Through National Forest Planning Instead Ofagency Rulemaking, Heather S. Ferdriksen
The Roadless Rule That Never Was: Why Roadless Areas Should Be Protected Through National Forest Planning Instead Ofagency Rulemaking, Heather S. Ferdriksen
University of Colorado Law Review
The 2001 Roadless Rule would have barred construction of new roads on 58.5 million acres of national forest land. Within months of its inception, however, a barrage of legal challenges and reversal of policy under the Bush Administration precluded its implementation. Regardless of its ecological merits, the backlash against the Roadless Rule suggests that agency rulemaking may not be the best way to achieve roadless area protection. This comment argues that the traditional process, forest planning under the National Forest Management Act of 1976 ("NFMA "), offers a preferable alternative to agency rulemaking in this context. It also offers recommended …
The Shrinking Scope Of Judicial Review In Norton V. Southern Utah Wilderness Alliance, Justin C. Konrad
The Shrinking Scope Of Judicial Review In Norton V. Southern Utah Wilderness Alliance, Justin C. Konrad
University of Colorado Law Review
In Norton v. Southern Utah Wilderness Alliance, the U.S. Supreme Court issued its first decision definitively construing § 706(1) of the Administrative Procedure Act ("APA"). This section ostensibly provides for review of agency action "unlawfully withheld or unreasonably delayed." However, the Court's opinion narrowly construed section 706(1) so as to allow review only for discrete agency actions that are legally required. As a result, the Court held that Bureau of Land Management compliance with a Federal Land Management and Policy Act ("FLPMA") provision mandating management of certain public lands so as to prevent impairment of their wilderness characteristics was not …
Race, Gender, Region And Death Sentencing In Colorado, 1980-1999, Stephanie Hindson, Hillary Potter, Michael L. Radelet
Race, Gender, Region And Death Sentencing In Colorado, 1980-1999, Stephanie Hindson, Hillary Potter, Michael L. Radelet
University of Colorado Law Review
This paper examines the administration of the death penalty in Colorado. We first identify all cases (n=21) in which defendants were sentenced to death in Colorado, 1972-2005, and all cases (n=10) in which the death penalty was sought, 1980-1999. We then compare the race and gender of all homicide victims with the race and gender of victims in the 110 death penalty cases. Overall, we find that the death penalty is most likely to be sought for homicides with white female victims, and that the probability of death being sought is 4.2 times higher for those who kill whites than …
Shopping Badly: Cognitive Biases, Communications, And The Fallacy Of The Marketplace Of Ideas, Derek E. Bambauer
Shopping Badly: Cognitive Biases, Communications, And The Fallacy Of The Marketplace Of Ideas, Derek E. Bambauer
University of Colorado Law Review
The model of the "marketplace of ideas" governs critical decisions in American jurisprudence on regulating communications. This theory holds that, over time, we collectively process ideas and information to separate truth from falsehood. State intervention is therefore unnecessary and undesirable, for it may prevent us from discovering inelegant but useful ideas. However, research in cognitive psychology and behavioral economics shows that we operate with significant, persistent perceptual biases that undercut this model's assumptions. The marketplace model errs in describing how we interact with information; accordingly, it cannot reliably assess when regulation is desirable. We should discard the marketplace of ideas …
Not Part Of The Game Plan: School District Liability For The Creation Of A Hostile Athletic Environment, Toni Wehman
Not Part Of The Game Plan: School District Liability For The Creation Of A Hostile Athletic Environment, Toni Wehman
University of Colorado Law Review
Title IX has played a crucial role in changing our nation's treatment of women in education, leading to awareness about the harms of sexual harassment on both female and male students. However, in one area, Title IX jurisprudence draws a line between protected students and students who are not protected from sexual harassment. That line is determined by whether the harassment facing the student is because of perceived sexual orientation or perceived failure to adhere to gender stereotypes. School athletics is an environment wrought with such harassment that can include gender insults, i.e. "you throw like a girl" or sexual …
Academic Freedom: Disciplinary Lessons From Hogwarts, Emily M. Calhoun
Academic Freedom: Disciplinary Lessons From Hogwarts, Emily M. Calhoun
University of Colorado Law Review
No abstract provided.
Three Versions Of Nonsense, Paul Campos
Three Versions Of Nonsense, Paul Campos
University of Colorado Law Review
No abstract provided.
The Kyoto Protocol And The Wto: Reconciling Tensions Between Free Trade And Environmental Objectives, Cinnamon Carlarne
The Kyoto Protocol And The Wto: Reconciling Tensions Between Free Trade And Environmental Objectives, Cinnamon Carlarne
Colorado Environmental Law Journal
No abstract provided.
An Ngo's Fight To Save Ukraine's Danube Delta: The Case For Granting Nongovernmental Organizations Formal Powers Of Enforcement, Tanya D. Sobol
An Ngo's Fight To Save Ukraine's Danube Delta: The Case For Granting Nongovernmental Organizations Formal Powers Of Enforcement, Tanya D. Sobol
Colorado Environmental Law Journal
No abstract provided.
Feminizing Waste: Waste-Picking As An Empowerment Opportunity For Women And Children In Impoverished Communities, Catherine A. Madsen
Feminizing Waste: Waste-Picking As An Empowerment Opportunity For Women And Children In Impoverished Communities, Catherine A. Madsen
Colorado Environmental Law Journal
No abstract provided.
Headwaters And Headaches: Afghanistan's Need For International River Basin Agreements, Eric Ryan Potyondy
Headwaters And Headaches: Afghanistan's Need For International River Basin Agreements, Eric Ryan Potyondy
Colorado Environmental Law Journal
No abstract provided.
"Particular Intentions": The Hillmon Case And The Supreme Court, Marianne Wesson
"Particular Intentions": The Hillmon Case And The Supreme Court, Marianne Wesson
Publications
The case of Mutual Life Insurance Company v. Hillmon is one of the most influential decisions in the law of evidence. Decided by the Supreme Court in 1892, it invented an exception to the hearsay rule for statements encompassing the intentions of the declarant. But this exception seems not to rest on any plausible theory of the categorical reliability of such statements. This article suggests that the case turned instead on the Court's attachment to a particular narrative about the events that gave rise to the case, events that produced a corpse of disputed identity. The author's investigations into newspaper …
A Digital Age Communications Act Paradigm For Federal-State Relations, Kyle D. Dixon, Philip J. Weiser
A Digital Age Communications Act Paradigm For Federal-State Relations, Kyle D. Dixon, Philip J. Weiser
Publications
This article captures the effort of the Digital Age Communications Act (DACA) to craft a new framework for the federal-state relationship in implementing a next generation telecommunications regulatory regime. In particular, it sets forth a DACA model that would implement a "rule of law" regulatory paradigm for an era of technological dynamism. This era requires, as the article explains, a coherent federal framework that circumscribes the role of state and local authorities so as to advance sound competition policy goals. The sole exception to this policy is the recognition that a basic local service rate retains both political and practical …
"Peoples Distinct From Others": The Making Of Modern Indian Law, Charles Wilkinson
"Peoples Distinct From Others": The Making Of Modern Indian Law, Charles Wilkinson
Publications
No abstract provided.
International Environmental Law: 2006 Annual Report, Jane C. Luxton, Lakshman Guruswamy, Kevin L. Doran
International Environmental Law: 2006 Annual Report, Jane C. Luxton, Lakshman Guruswamy, Kevin L. Doran
Publications
No abstract provided.
A Psychology Of Emotional Legal Decision Making: Revulsion And Saving Face In Legal Theory And Practice, Peter H. Huang, Christopher J. Anderson
A Psychology Of Emotional Legal Decision Making: Revulsion And Saving Face In Legal Theory And Practice, Peter H. Huang, Christopher J. Anderson
Publications
Professor Martha C. Nussbaum is an accomplished scholar in an impressive variety of fields. Drawing on her diverse academic backgrounds, Nussbaum has written extensively about emotions and their importance for law from the perspective of her primary specialty, philosophy. Her book Hiding from Humanity criticizes the roles that two particular emotions, disgust and shame, play in the law. Its central thesis is that, as legal actors, we should be wary of disgust and shame because indulging in those emotions allows us to hide from our humanity - both our humanity in the general sense and also those specific features of …
Is World Law An Emerging Reality? Environmental Law In A Transnational World, Lynton K. Caldwell
Is World Law An Emerging Reality? Environmental Law In A Transnational World, Lynton K. Caldwell
Colorado Environmental Law Journal
No abstract provided.
Nuclear Arms Control: The Environmental Dimension, Lakshman D. Guruswamy, Jason B. Aamodt
Nuclear Arms Control: The Environmental Dimension, Lakshman D. Guruswamy, Jason B. Aamodt
Colorado Environmental Law Journal
No abstract provided.
Inuit, Whaling, And Sustainability, Milton M.R. Freeman Et Al., Eds. (Book Review), Fae L. Korsmo
Inuit, Whaling, And Sustainability, Milton M.R. Freeman Et Al., Eds. (Book Review), Fae L. Korsmo
Colorado Environmental Law Journal
No abstract provided.
Wither The States? Comments On The Daca Federal-State Framework, Paul Teske
Wither The States? Comments On The Daca Federal-State Framework, Paul Teske
Colorado Technology Law Journal
No abstract provided.
Telecom Regulation For The 21st Century: Avoiding Gridlock, Adapting To Change, Robert C. Atkinson
Telecom Regulation For The 21st Century: Avoiding Gridlock, Adapting To Change, Robert C. Atkinson
Colorado Technology Law Journal
No abstract provided.
Why Have A Telecommunications Law? Anti-Discrimination Norms In Communications, Tim Wu
Why Have A Telecommunications Law? Anti-Discrimination Norms In Communications, Tim Wu
Colorado Technology Law Journal
No abstract provided.