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University of Colorado Law School

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Concerning Juvenile Diversion Programs., Colorado General Assembly Jan 2021

Concerning Juvenile Diversion Programs., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Modifications To The Policies Governing Judicial Division Retirees Returning To Temporary Judicial Duties, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly Jan 2021

Concerning Modifications To The Policies Governing Judicial Division Retirees Returning To Temporary Judicial Duties, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The Prohibition Of Discrimination Against A Potential Organ Transplant Recipient Based Solely On The Person’S Disability., Colorado General Assembly Jan 2021

Concerning The Prohibition Of Discrimination Against A Potential Organ Transplant Recipient Based Solely On The Person’S Disability., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Continuing Jurisdiction To Modify Family Law Orders During The Pendency Of An Appeal., Colorado General Assembly Jan 2021

Concerning Continuing Jurisdiction To Modify Family Law Orders During The Pendency Of An Appeal., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The Protection Of Parties Through The Enforcement Of Proper Surrogacy Agreements., Colorado General Assembly Jan 2021

Concerning The Protection Of Parties Through The Enforcement Of Proper Surrogacy Agreements., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Measures To Strengthen Civics Education In Colorado., Colorado General Assembly Jan 2021

Concerning Measures To Strengthen Civics Education In Colorado., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Assistance For Victims Of Strangulation Who Receive Medical Examinations., Colorado General Assembly Jan 2021

Concerning Assistance For Victims Of Strangulation Who Receive Medical Examinations., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Correcting Nonsubstantive Errors In The Colorado Marijuana Code., Colorado General Assembly Jan 2021

Concerning Correcting Nonsubstantive Errors In The Colorado Marijuana Code., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The Creation Of The Outdoor Recreation Industry Office In The Office Of Economic Development., Colorado General Assembly Jan 2021

Concerning The Creation Of The Outdoor Recreation Industry Office In The Office Of Economic Development., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Increased Options For Financing Forest Health Projects, And, In Connection Therewith, Financing Wildfire Mitigation Treatments., Colorado General Assembly Jan 2021

Concerning Increased Options For Financing Forest Health Projects, And, In Connection Therewith, Financing Wildfire Mitigation Treatments., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Updates To Prohibitions Against Gender-Based Discrimination To Clarify The Individuals Who Are Included In A Protected Class., Colorado General Assembly Jan 2021

Concerning Updates To Prohibitions Against Gender-Based Discrimination To Clarify The Individuals Who Are Included In A Protected Class., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The Overpayment Of Workers’ Compensation Benefits., Colorado General Assembly Jan 2021

Concerning The Overpayment Of Workers’ Compensation Benefits., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The “Uniform Fiduciary Income And Principal Act”., Colorado General Assembly Jan 2021

Concerning The “Uniform Fiduciary Income And Principal Act”., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning A National Assessment Test Score As An Eligibility Criterion For Admission To A Colorado Institution Of Higher Education., Colorado General Assembly Jan 2021

Concerning A National Assessment Test Score As An Eligibility Criterion For Admission To A Colorado Institution Of Higher Education., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Conversations After Class: 'Becoming Critical,' Or The Steps Necessary To Achieve Critical Thought For Law Students, Daniel J. Sequeira Jan 2021

Conversations After Class: 'Becoming Critical,' Or The Steps Necessary To Achieve Critical Thought For Law Students, Daniel J. Sequeira

University of Colorado Law Review

No abstract provided.


Title Vii: What's Hair (And Other Race-Based Characteristics) Got To Do With It?, D. Wendy Greene Jan 2021

Title Vii: What's Hair (And Other Race-Based Characteristics) Got To Do With It?, D. Wendy Greene

University of Colorado Law Review

No abstract provided.


The Constitution In Context: The Continuing Significance Of Racism, T. Alexander Aleinikoff Jan 2021

The Constitution In Context: The Continuing Significance Of Racism, T. Alexander Aleinikoff

University of Colorado Law Review

Title VII of the 1964 Civil Rights Act prohibits discrimination in employment on the basis of race, color, national origin, religion, and sex. Many Title VII cases have arisen when an applicant's or employee's non-conformity with an employer's policy barring certain hairstyles or clothing has resulted in an adverse employment action, such as a denial or termination of employment. Generally, courts have not deemed an adverse employment action resulting from an applicant's or employee's non-conformity with an employment policy banning the display of mutable characteristics commonly associated with a particular racial or ethnic group a violation of Title VII's proscription …


Affirmative Action And The Criminal Law, Paul Butler Jan 2021

Affirmative Action And The Criminal Law, Paul Butler

University of Colorado Law Review

No abstract provided.


Whole Designs, Sarah Burstein Jan 2021

Whole Designs, Sarah Burstein

University of Colorado Law Review

In the past decade, there has been a renewed interest in the concept of patentable subject matter-that is, what kinds of things can you get a patent for? But this attention has, to date, been focused on utility patents, the patents that protect how things work. There has been scant attention paid to statutory subject matter and design patents, the patents that protect how things look. These patents have gained prominence in both practice and scholarship since the $1 billion verdict in Apple v. Samsung. The time has come to take the question of design patentable subject matter seriously. Today, …


A Pound Of Flesh: How Medical Copayments In Prison Cost Inmates Their Health And Set Them Up For Reoffense, Rachel Wiggins Jan 2021

A Pound Of Flesh: How Medical Copayments In Prison Cost Inmates Their Health And Set Them Up For Reoffense, Rachel Wiggins

University of Colorado Law Review

The attitude of acquiescence in legislatures and courts has permitted the American prison system to develop a practice of exploiting the health of its incarcerated population as an additional and excessive form of punishment. This article focuses on a practice widely used in prisons-the imposition of medical copayments- which contributes to the current culture of endangering the physical and mental health of incarcerated persons, all in the name of cost cutting and prisoner control. The problem of medical copayments could be solved by both the courts, which could recognize that the practice serves no legitimate penological interest, and the states …


Let Cities Decide: End Colorado's Prohibition On Rent Regulation, Virginia Sargent Jan 2021

Let Cities Decide: End Colorado's Prohibition On Rent Regulation, Virginia Sargent

University of Colorado Law Review

This Comment argues that the Colorado General Assembly should overturn the broad prohibition on modern forms of rent regulation, returning to municipalities the home-rule authority to enact policies like rent stabilization and MIH as affordable housing solutions. Part I explains the emergence of rent regulation nationwide and common forms of rent regulation. Part II describes Colorado's housing crisis before analyzing the State's prohibition on "rent control" alongside the Colorado Supreme Court's broad interpretation of "rent control." Part III argues

that the legislature should overturn restrictions on municipal rent regulation because home-rule municipalities are better positioned than the legislature to (A) …


Communities Of Interest In Colorado Redistricting, David Willner Jan 2021

Communities Of Interest In Colorado Redistricting, David Willner

University of Colorado Law Review

Part I of this Article will provide background on redistricting in Colorado, including an overview of recent developments regarding the establishment of an independent commission. Part II will describe the two federal constitutional requirements for redistricting and then explore the state-specific redistricting criteria used in Colorado. Part III includes a geographic profile of the distinct regions of Colorado and then delves into an examination of how communities of interest have been increasingly used in Colorado redistricting during three of the past four redistricting cycles. Part IV of this Article will critique the use of communities of interest and focus on …


Expanding The Administrative Record: Using Pretext To Show "Bad Faith Or Improper Behavior", Laura Boyer Jan 2021

Expanding The Administrative Record: Using Pretext To Show "Bad Faith Or Improper Behavior", Laura Boyer

University of Colorado Law Review

This Comment argues that courts should more readily permit extra-record discovery when preliminary signs of pretext strongly suggest "bad faith and improper behavior" by agency decision-makers. 3 1 Section L.A sets the scene by describing the basic mechanics of litigation challenging agency decisions. Section I.B shifts focus by examining two recent Supreme Court decisions that illustrate the Court's struggle to review executive action where an agency seems to have offered a pretextual justification. Part II then shows how agencies' reliance on pretextual justifications is becoming a growing and serious problem-especially within the Trump Administration-and describes a 2017 decision by the …


Not Your Mule? Disrupting The Political Powerlessness Of Black Women Voters, Chinyere Ezie Jan 2021

Not Your Mule? Disrupting The Political Powerlessness Of Black Women Voters, Chinyere Ezie

University of Colorado Law Review

On the one hundredth anniversary of the Nineteenth Amendment, this Article reflects on the legacy of Black women voters. The Article hypothesizes that even though suffrage was hard fought, it has not been a vehicle for Black women to meaningfully advance their political concerns. Instead, an inverse relationship exists between Black women's political participation and their relative level of socioeconomic and political well-being. Taking recent national elections as a case study, the Article identifies two sources of Black women's political powerlessness: "caretaker voting" and the "trapped constituency problem." The Article concludes that Black women's strong voter turnout coupled with their …


The Political (Mis)Representation Of Immigrants In Voting, Ming H. Chen, Hunter Knapp Jan 2021

The Political (Mis)Representation Of Immigrants In Voting, Ming H. Chen, Hunter Knapp

University of Colorado Law Review

Who is a member of the political community? What barriers to inclusion do immigrants face as outsiders to this political community? This Essay describes several barriers facing immigrants and naturalized citizens that impede their political belonging. It critiques these barriers on the basis of immigrants and foreign-born voters having rights of semi-citizenship. By placing naturalization backlogs, voting restrictions, and reapportionment battles in the historical context of voter suppression, it provides a descriptive and normative account of the political misrepresentation of immigrants.


Contesting The Legacy Of The Nineteenth Amendment: Abortion And Equality From Roe To The Present, Mary Ziegler Jan 2021

Contesting The Legacy Of The Nineteenth Amendment: Abortion And Equality From Roe To The Present, Mary Ziegler

University of Colorado Law Review

Beyond the question of suffrage, the Nineteenth Amendment raised the issue of what it would take for women in America to achieve equal citizenship. The meaning of both the Nineteenth Amendment and equality for women remain especially contested in broader conflicts about abortion-and of how those conflicts have changed in fundamental ways in the decades since Roe v. Wade. For some time, fetal rights were pitted against the kinds of concerns about equality for women that drove reformers to seek the vote in 1920. But by the early 1990s, the terms of the conflicts had changed, with both sides claiming …


Working Mothers And The Postponement Of Women's Rights From The Nineteenth Amendment To The Equal Rights Amendment, Julie C. Suk Jan 2021

Working Mothers And The Postponement Of Women's Rights From The Nineteenth Amendment To The Equal Rights Amendment, Julie C. Suk

University of Colorado Law Review

The Nineteenth Amendment's ratification in 1920 spawned new initiatives to advance the status of women, including the proposal of another constitutional amendment that would guarantee women equality in all legal rights, beyond the right to vote. Both the Nineteenth Amendment and the Equal Rights Amendment (ERA) grew out of the long quest to enshrine women's equal status under the law as citizens, which began in the nineteenth century. Nearly a century later, the ERA remains unfinished business with an uncertain future. Suffragists advanced different visions and strategies for women's empowerment after they got the constitutional right to vote. They divided …


Women's Votes, Women's Voices, And The Limits Of Criminal Justice Reform, 1911-1950, Carolyn B. Ramsey Jan 2021

Women's Votes, Women's Voices, And The Limits Of Criminal Justice Reform, 1911-1950, Carolyn B. Ramsey

University of Colorado Law Review

Deriving its vigor from the work of grassroots organizations at the state and local levels, the League of Women Voters (LWV) sought, in the first half of the twentieth century, to provide newly enfranchised women with a political education to strengthen their voice in public affairs. Local branches like the San Francisco Center learned from experience-through practical involvement in a variety of social welfare and criminal justice initiatives. This Article, written for a symposium commemorating the centennial of the Nineteenth Amendment, assesses the role of LWV leaders in California and especially San Francisco in reforming three aspects of the criminal …


Reloading The Canon: Thoughts On Critical Legal Pedagogy, Chantal Thomas Jan 2021

Reloading The Canon: Thoughts On Critical Legal Pedagogy, Chantal Thomas

University of Colorado Law Review

On the first day of the first-year contracts class that I teach, I preview for the students both the general contours of the “blackletter law” that we will be learning throughout the course, and some of the perspectives that I will incorporate in developing our critical thinking and analysis of the law. My aim is to impress upon the students that their understanding of the blackletter law––the technical training that many law students think of as constituting the bulk of their educational mission––varies positively with their understanding of and capacity for critical analysis. I go about this in part by …


Critique, Ideology, And Aesthetics, Richard Thompson Ford Jan 2021

Critique, Ideology, And Aesthetics, Richard Thompson Ford

University of Colorado Law Review

No abstract provided.