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Representing Value As Digital Objects: A Discussion Of Transferability And Anonymity, Robert E. Kahn, Patrice A. Lyons

Colorado Technology Law Journal

No abstract provided.

Cite Checking: A Brave New World, Susan Nevelow Mart

Publications

No abstract provided.

Three Versions Of Nonsense, Paul Campos

Publications

No abstract provided.

Contextualizing The Losses Of Allotment Through Literature, Kristen A. Carpenter

Publications

In this article, the Author undertakes a law and literature approach to a major Indian law problem: understanding the losses of allotment. Allotment was a mid 19th - early 20th century federal legislative program to take large tracts of land owned by Indian tribes, allocate smaller parcels to individual Indians, and sell off the rest to non-Indians. The idea was that Indians would abandon traditional patterns of subsistence to become American-style farmers, and great tracts of land would be freed up for the advance of white settlement. A key component of the federal government's larger project of assimilating Indians into …

Old Ground And New Directions At Sacred Sites On The Western Landscape, Kristen A. Carpenter

Publications

The federal public lands contain places with both religious and secular value for American people. American Indians, in particular, hold certain natural features to be sacred, and visit them for ceremonies and worship. Simultaneously, non-Indians use the same places for economic, recreation, and many other purposes - and conflicts arise between these groups. In the past twenty years, a body of constitutional jurisprudence has developed to address questions of religious freedoms and public access rights on these lands that are owned and managed by the federal government. This article outlines the relevant First Amendment framework as well as recent statutes …

Pro Se Defendants And The Appointment Of Advisory Counsel, H. Patrick Furman

Publications

This article provides an overview of advisory counsel used to assist pro se criminal defendants, including the appointment and duties of advisory counsel, ethical obligations, and considerations for trial judges and prosecutors.

Learning From Wal-Mart, Melissa Hart

Publications

This article considers the landmark gender discrimination class action, Dukes v. Wal-Mart Stores, both as a prototype of an emerging litigation strategy and also as a case that is entirely unique. As part of a growing trend of gender discrimination class claims, Dukes has the potential to push the boundaries of the law to confront the pervasive, tenacious stereotypes that continue to limit women's workplace opportunities. The plaintiffs' arguments - both the narrative of discrimination their evidence set out and the legal strategies they chose - are strikingly similar to claims that have been made in many class action …

Let The People Know The Facts: Can Government Information Removed From The Internet Be Reclaimed?, Susan Nevelow Mart

Publications

Ms. Mart examines the legal bases of the public's right to access government information, reviews the types of information that have recently been removed from the Internet, and analyzes the rationales given for the removals. She suggests that the concerted use of the Freedom of Information Act by public interest groups and their constituents is a possible method of returning the information to the Internet.

Against "Academic Deference": How Recent Developments In Employment Discrimination Law Undercut An Already Dubious Doctrine, Scott A. Moss

Publications

When the defendant in an employment case is a college or other institution of higher education, the plaintiff usually will face an "academic deference" argument. Citing the importance of their "academic freedom," defendants and sympathetic courts have asserted that federal courts should decline to "invade" higher education with "federal court supervision." Whether or not courts cite the "academic deference" doctrine expressly, they certainly have proven hostile to professors' claims of discrimination, dismissing as a matter of law claims that seemed quite strong, or at least solid enough to allow a factfinder to rule either way. Indeed, empirical evidence shows that …

Rethinking The Great Lakes Compact, Mark Squillace

Publications

On December 13, 2005, the Governors and Premiers of the Great Lakes states and provinces signed a Compact and Agreement that commits the parties to a rigorous program to regulate individual water uses, with citizen suits to enforce the requirements. While the Great Lakes-St. Lawrence River Basin Water Resources Compact and companion Agreement are commendable in many respects, this Article argues that people who care about the future of the Great Lakes should urge policymakers to reject the current proposals and rethink the entire approach. The proposed compact is fundamentally flawed and will not achieve the ultimate stated goal of …

Restructuring The Debate Over Fetal Homicide Laws, Carolyn B. Ramsey

Publications

The worst problems with the fetal homicide laws that have proliferated around the nation are quite different than the existing scholarship suggests. Critics often argue that the statutes, which criminalize the killing of a fetus by a third party other than an abortion provider, undermine a woman's right to terminate her pregnancy. This concern is overstated. Although supported by anti-abortionists, many of the fetal homicide laws embody the perspective of the so-called "abortion grays," who eschew the absolutism of the doctrinaire pro-choice and anti-abortion camps. This Article explores how a contextual view of life-taking allows us to reconcile legal abortion …

The First Half Century Of Western Water Reform: Have We Kept Faith With The Rivers Of The West?, Charles Wilkinson

Publications

No abstract provided.

The Renaissance Of Tribal Sovereignty, The Negative Doctrinal Feedback Loop, And The Rise Of A New Exceptionalism, Sarah Krakoff

Publications

No abstract provided.

A Brief History Of The U.S.-American Indian Nations Relationship, Richard B. Collins

Publications

No abstract provided.

The Salmon People, Judge Boldt, And The Rule Of Law, Charles F. Wilkinson

Publications

No abstract provided.

Assessing Internal Revenue Code Section 132 After Twenty Years, Wayne M. Gazur

Publications

In 1984, Congress enacted Internal Revenue Code section 132 to bring more certainty to the taxation of employee fringe benefits. This article examines the impact of the legislation from the standpoint of administrative pronouncements and taxpayer litigation. The article concludes that section 132 has produced little litigation, but primarily because it has played the role of increasing exclusions. It remains unclear whether section 132 has also contained the growth of new forms of nonstatutory fringe benefits.

Environmental Negligence: A Proposal For A New Cause Of Action For The Forgotten Innocent Owners Of Contaminated Land, Melanie R. Kay

Publications

No abstract provided.

Book Note: Reviewing Gary C. Hufbauer And Jeffrey J. Schott, Nafta Revisited: Achievements And Challenges (2005), Vivek Krishnamurthy

Publications

No abstract provided.

Climate Change And The Copenhagen Consensus 2004: A Critical Review Of Economic Prioritization, Susan E. Rehak

Colorado Environmental Law Journal

No abstract provided.

Amicus (Fall/Winter 2005), University Of Colorado Law School

Amicus

This issue is dedicated to the various clinics and research centers that operate within the Wolf Law building. These institutions play a major role in ensuring that Colorado Law is a place where students can receive a top of the line legal education.

Featured in this issue:

• The Byron White Center
• The Natural Resources Law Center
• The Silicon Flatirons Telecommunications Program
• The Juvenile and Family Law Program
• The Natural Resources Litigation Clinic
• The American Indian Law Clinic
• The Legal Aid and Defender Program
• The Wrongful Convictions Clinic
• The Appellate Advocacy Clinic
• The Entrepreneurial Law Clinic

People V. Shell

Colorado Supreme Court Records and Briefs Collection

No abstract provided.

Day 3: Friday, 19 August 2005: Section 7 Consultation, Susan Linner, Leslie Elwood, Steve Culver

Endangered Species Act Congressional Field Tour (August 17-19)

10 pages (includes color illustrations and map).

Contains references.

Smith V. Mullarkey

Colorado Supreme Court Records and Briefs Collection

No abstract provided.

Smith V. Mullarkey

Colorado Supreme Court Records and Briefs Collection

No abstract provided.

Agenda: Endangered Species Act Congressional Field Tour, University Of Colorado Boulder. Natural Resources Law Center

Endangered Species Act Congressional Field Tour (August 17-19)

The Center sponsored its third annual field tour for staff members of the United States Congress, the United States Environmental Protection Agency, and the Colorado state legislature.

Day 1: Wednesday, 17 August 2005: Science And The Esa, Joy Nicholopoulos, William Lewis

Endangered Species Act Congressional Field Tour (August 17-19)

43 pages (includes illustrations and map).

Contains references.

City Of Greenwood Village Code 1988: A Codification Of The General Ordinances Of The City Of Greenwood Village, Colorado, Greenwood Village

Colorado Historical Municipal Codes

No abstract provided.

Slides: Forestry On The Yakama Reservation: The Balancing Of Natural Resources Management, Philip Rigdon

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Philip Rigdon, Yakama Nation, Toppenish, WA

64 slides

Slides: Sustainable Forest Management Of Community Forest Lands: It's A Matter Of Balance, Dave Epperly

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Dave Epperly, St. Louis County Forest, MN

28 slides

Slides: New England Forestry Foundation: Private Forests For The Public Good Since 1944, Frank Reed

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Frank Reed, New England Forestry Foundation

9 slides