Digital Commons Network^™

Government Speech And The War On Terror, Helen Norton

Publications

The government is unique among speakers because of its coercive power, its substantial resources, its privileged access to national security and intelligence information, and its wide variety of expressive roles as commander-in-chief, policymaker, educator, employer, property owner, and more. Precisely because of this power, variety, and ubiquity, the government's speech can both provide great value and inflict great harm to the public. In wartime, more specifically, the government can affirmatively choose to use its voice to inform, inspire, heal, and unite -- or instead to deceive, divide, bully, and silence.

In this essay, I examine the U.S. government's role as …

Mountain Biking Into The Wilderness, Heidi Ruckreigle

Colorado Environmental Law Journal

No abstract provided.

Fcc: Friend Or Foe? Sdr: Trick Or Treat?, J. Pierre De Vries

Colorado Technology Law Journal

No abstract provided.

A Capabilities Approach To Communications Equity, Kevin Werbach

Colorado Technology Law Journal

No abstract provided.

Antitrust Via Rulemaking: Competition Catalysts, Tim Wu

Colorado Technology Law Journal

No abstract provided.

Justice Scalia On Updating Old Statutes (With Particular Attention To The Communications Act), Daniel T. Deacon

Colorado Technology Law Journal

No abstract provided.

Performative Privacy, Scott Skinner-Thompson

Publications

Broadly speaking, privacy doctrine suggests that the right to privacy is non-existent once one enters the public realm. Although some scholars contend that privacy ought to exist in public, “public privacy” has been defended largely with reference to other, ancillary values privacy may serve. For instance, public privacy may be necessary to make the freedom of association meaningful in practice.

This Article identifies a new dimension of public privacy, supplementing extant justifications for the right, by arguing that many efforts to maintain privacy while in “public” are properly conceptualized as forms of performative, expressive resistance against an ever-pervasive surveillance society. …

Bail Reform In Colorado: A Presumption Of Release, Joshua J. Luna

University of Colorado Law Review

Interest in bail reform has ebbed and flowed in the United States since the 1960s. Recently, a condemning look at bail administration and pretrial detention across various jurisdictions has pushed bail reform to the policy forefront at both the national and state levels. In 2013, Colorado's General Assembly reformed its bail statute to decrease reliance on monetary bail and promote pretrial services programs in an attempt to prevent unnecessary pretrial detention of low-income defendants who present low risks for flight and threat to community safety. This reform was a much-needed step in the right direction. But the new bail statute …

Journal Of The Senate State Of Colorado: Seventieth General Assembly Second Regular Session At Denver, The State Capitol, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Concerning A Supplemental Appropriation To The Department Of Public Safety., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Auxiliary Emergency Communications In The State, And, In Connection Therewith, Establishing The Auxiliary Emergency Communications Unit In The Office Of Emergency Management In The Department Of Public Safety, And Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Data Collected By The Division Of Criminal Justice In The Department Of Public Safety Concerning The Study Of Marijuana Implementation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Authorization For A Fire Protection District To Impose An Impact Fee On New Development, And, In Connection Therewith, Enacting The "Public Safety Fairness Act"., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Journal Of The House Of Representatives State Of Colorado: Seventieth General Assembly Second Regular 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: Seventieth General Assembly Second Regular Session At Denver, The State Capitol, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Person, State, Or Not: The Place Of Business Corporations In Our Constitutional Order, Daniel J.H. Greenwood

University of Colorado Law Review

Business corporations are critical institutions in our democratic republican, market-based, economic order. The United States Constitution, however, is completely silent as to their status in our system. The Supreme Court has filled this silence by repeatedly granting corporations rights against the citizenry and its elected representatives.

Instead, we ought to view business corporations, like municipal corporations, as governance structures created by We the People to promote our general Welfare. On this social contract view, corporations should have the constitutional rights specified in the text: none. Instead, we should be debating which rights of citizens against governmental agencies should also apply …

Inside Safe Assets, Anna Gelpern, Erik F. Gerding

Publications

“Safe assets” is a catch-all term to describe financial contracts that market participants treat as if they were risk-free. These may include government debt, bank deposits, and asset-backed securities, among others. The International Monetary Fund estimated potential safe assets at more than $114 trillion worldwide in 2011, more than seven times the U.S. economic output that year.

To treat any contract as if it were risk-free seems delusional after apparently super-safe public and private debt markets collapsed overnight. Nonetheless, safe asset supply and demand have been invoked to explain shadow banking, financial crises, and prolonged economic stagnation. The economic literature …

Guns And Drugs, Benjamin Levin

Publications

This Article argues that the increasingly prevalent critiques of the War on Drugs apply to other areas of criminal law. To highlight the broader relevance of these critiques, this Article uses as its test case the criminal regulation of gun possession. This Article identifies and distills three lines of drug war criticism and argues that they apply to possessory gun crimes in much the same way that they apply to drug crimes. Specifically, this Article focuses on: (1) race- and class-based critiques; (2) concerns about police and prosecutorial power; and (3) worries about the social and economic costs of mass …

Cybersecurity In Critical Infrastructure Sectors: A Proactive Approach To Ensure Inevitable Laws And Regulations Are Effective, Chris Laughlin

Colorado Technology Law Journal

No abstract provided.

Zero-Rating Broadband Data: Equality And Free Speech At The Network's Other Edge, Ellen P. Goodman

Colorado Technology Law Journal

No abstract provided.

The Sky Is The Limit: Faa Regulations And The Future Of Drones, Joshua Kohler

Colorado Technology Law Journal

No abstract provided.

Save Our Sandbox: A Prospective Approach To Big Player Participation In The Unlicensed Spectrum Space, Savannah P. Schaefer

Colorado Technology Law Journal

No abstract provided.

Regulating Software When Everything Has Software, Paul Ohm, Blake Reid

Publications

This Article identifies a profound, ongoing shift in the modern administrative state: from the regulation of things to the regulation of code. This shift has and will continue to place previously isolated agencies in an increasing state of overlap, raising the likelihood of inconsistent regulations and putting seemingly disparate policy goals, like privacy, safety, environmental protection, and copyright enforcement, in tension. This Article explores this problem through a series of case studies and articulates a taxonomy of code regulations to help place hardware-turned-code rules in context. The Article considers the likely turf wars, regulatory thickets, and related dynamics that are …

Beyond Legality: The Legitimacy Of Executive Action In Immigration Law, Ming H. Chen

Publications

Recent uses of executive action in immigration law have triggered accusations that the President is acting imperially, like a king, or as a lawbreaker. President Obama’s Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA) programs, which provide protection from deportation and a work permit during a temporary period of lawful presence, serve as the lightning rod for these accusations. But even as legislative and litigation challenges to DACA proceed, many states appear to accept and comply with it, including nearly all of the states that have joined the Texas v United States lawsuit that challenges …

Trust In Immigration Enforcement: State Noncooperation And Sanctuary Cities After Secure Communities, Ming H. Chen

Publications

The conventional wisdom, backed by legitimacy research, is that most people obey most of the laws, most of the time. This turns out to not be the case in a study of state-local participation in immigration law enforcement. Two enforcement programs involving the use of immigration detainers, a vehicle by which the federal government (through ICE) requests that local law enforcement agencies (LEAs) detain immigrants beyond their scheduled release upon suspicion that they are removable, demonstrate the breakdown of conventional wisdom. In the five years following initiation of the Secure Communities program, a significant and growing number of states and …

Sharing Property, Kellen Zale

University of Colorado Law Review

The sharing economy-the rapidly evolving sector of peer-topeer transactions epitomized by Airbnb and Uber-is the subject of heated debate about whether it is so novel that no laws apply, or whether the sharing economy should be subject to the same regulations as its analog counterparts. The debate has proved frustrating and controversial in large part because we lack a doctrinally cohesive and normatively satisfying way of talking about the underlying activities taking place in the sharing economy. In part, this is because property-sharing activities-renting your car out to a tourist for a day, paying to spend the weekend in a …

Comments On Public Lands: Title Transfer Proposals, Chuck Howe

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

3 pages.

Journal Of The House Of Representatives State Of Colorado: Seventieth General Assembly First Regular Session At Denver, The State Capitol, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Reflections On Network Transitions And Social Contracts For The Broadband World, Kevin Werbach

Colorado Technology Law Journal

No abstract provided.

Concerning An Extension Of The Date By Which The Executive Director Of The Department Of Public Safety Must Submit To The Joint Budget Committee A Report Regarding Statewide Radio Communications., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.