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Articles 2191 - 2220 of 35113
Full-Text Articles in Entire DC Network
Innovating Like An Optimist, Preparing Like A Pessimist, Casey Fiesler
Innovating Like An Optimist, Preparing Like A Pessimist, Casey Fiesler
Colorado Technology Law Journal
No abstract provided.
Masters Of Their Own Domains: Property Rights As A Bulwark Against Dns Censorship, Nicholas Nugent
Masters Of Their Own Domains: Property Rights As A Bulwark Against Dns Censorship, Nicholas Nugent
Colorado Technology Law Journal
No abstract provided.
Hacking The Seams: Elevating Digital Autonomy And Agency For Humans, Richard S. Whitt
Hacking The Seams: Elevating Digital Autonomy And Agency For Humans, Richard S. Whitt
Colorado Technology Law Journal
No abstract provided.
Letter In Reply To Bernard Prusak, Et Al., Govind Persad
Letter In Reply To Bernard Prusak, Et Al., Govind Persad
Publications
Scarce medical resource allocation should aim to prevent harm, especially to those who would be most disadvantaged if not helped. Bernard Prusak et al.’s letter reveals a narrow vision of which harms and disadvantages matter, one that overlooks opportunities to simultaneously prevent important harms and avoid exacerbating disadvantage.
Table Of Contents (Vol. 92, Issue 1)
Table Of Contents (Vol. 92, Issue 1)
University of Colorado Law Review
No abstract provided.
Food Allergy Bullying As Disability Harassment: Holding Schools Accountable, D'Andra Millsap Shu
Food Allergy Bullying As Disability Harassment: Holding Schools Accountable, D'Andra Millsap Shu
University of Colorado Law Review
Millions of American schoolchildren of all ages suffer from food allergies, and increasingly, bullies target these children because of their allergies. If a bully exposes a victim to an allergen, food allergy bullying can sicken or kill within minutes. Food allergy bullying is already responsible for many hospitalizations and at least one death. Most food allergy bullying happens at school, and schools play a crucial part in addressing and preventing bullying. All too often, though, schools fail to take appropriate action. Sovereign immunity and other obstacles insulate public schools from liability in many instances, but federal disability law may provide …
When The Cat's Away: Techlash, Loot Boxes, And Regulating "Dark Patterns" In The Video Game Industry's Monetization Strategies, Scott Goodstein
When The Cat's Away: Techlash, Loot Boxes, And Regulating "Dark Patterns" In The Video Game Industry's Monetization Strategies, Scott Goodstein
University of Colorado Law Review
Part I of this Comment briefly overviews dark patterns and demonstrates how parties have needlessly focused on loot boxes' similarity to gambling rather than addressing dark patterns, the actual source of the video game industry's consumer exploitation. Part II summarizes the video game industry's techlash, showcasing ways that the industry has abused its consumers and how consumers have responded, as well as arguing why governmental intervention is necessary to stop the industry from exploiting end users. Part III first analyzes the Protecting Children from Abusive Games Act ("PCAGA"), a bill introduced in 2019 to regulate loot boxes, and explains why …
Environmental Citizen Suits And The Inequities Of Races To The Top, David E. Adelman, Jory Reilly-Diakun
Environmental Citizen Suits And The Inequities Of Races To The Top, David E. Adelman, Jory Reilly-Diakun
University of Colorado Law Review
Environmental citizen suits were founded on the belief that empowering organizations and individuals to take legal action would provide a backstop against lax federal or state programs. Working in conjunction with the system of cooperative federalism, citizen suits were designed to uphold minimum levels of environmental protection and to provide a restraint on so called "races to the bottom" in which states compete for economic development by relaxing environmental standards. To our knowledge, no one has considered whether the geographic distribution of citizen suits could have the opposite effect-namely, that it reinforces rather than mitigates disparities in the levels of …
Outsourced Emissions: Why Local Governments Should Track And Measure Consumption- Based Greenhouse Gases, Jonathan Rosenbloom
Outsourced Emissions: Why Local Governments Should Track And Measure Consumption- Based Greenhouse Gases, Jonathan Rosenbloom
University of Colorado Law Review
While many local governments track greenhouse gas ("GHG") emissions, almost all of them exclude most GHGs associated with consumption. These consumption-based emissions stem from the lifecycle production, pre-purchase transportation, sale, and disposal of goods, food, and services produced outside of a local jurisdiction but consumed inside the jurisdiction. Based on the limited data measuring extraterritorial emissions, these consumption-based emissions amount to more than half-and in some places more than threefourths- of GHG emissions directly connected to local consumption patterns and behaviors. This Article argues that local governments should track and measure these pervasive GHGs. Doing so may unlock meaningful information …
International Water Law And Fresh Water Dispute Resolution: A Cosean Perspective, Tamar Meshell, Moin A. Yahya
International Water Law And Fresh Water Dispute Resolution: A Cosean Perspective, Tamar Meshell, Moin A. Yahya
University of Colorado Law Review
International Water Law has developed a set of rules for resolving interstate fresh water disputes that govern both the substance of these disputes and the conduct of the disputing states. "Equitable and reasonable utilization" is commonly considered as the leading substantive rule, "no significant harm" as subsidiary to it, and the "duty to cooperate" as the central procedural rule. The purpose of this Article is to analyze the merits of these substantive and procedural rules under the lens of the celebrated Coase theorem. The "normative" part of the Coase theorem observes that if transaction costs are high, then the legal …
"Make The Map All White": The Meaning Of Maps In The Prohibition And Suffrage Campaigns, Susan Schulten
"Make The Map All White": The Meaning Of Maps In The Prohibition And Suffrage Campaigns, Susan Schulten
University of Colorado Law Review
Maps.have long been deployed as instruments of power, protest, and reform in American history. In the antebellum era, Northerners used maps to galvanize opposition to the expansion of slavery beyond the South. These dramatic and urgent anti-slavery maps served as powerful models for two of the most ambitious challenges to American law in the twentieth century: prohibition and woman's suffrage. Both movements began with regional strengths-suffrage in the West, prohibition in the South. Suffragists and prohibitionists widely circulated maps to highlight those legislative achievements and thereby generate further momentum for their respective causes. After 1913, both the suffrage and prohibition …
Table Of Contents (Vol. 92, Issue 4)
Table Of Contents (Vol. 92, Issue 4)
University of Colorado Law Review
No abstract provided.
Introduction To The Symposium: The Stakes For Critical Legal Theory, Elizabeth S. Anker, Justin Deystone
Introduction To The Symposium: The Stakes For Critical Legal Theory, Elizabeth S. Anker, Justin Deystone
University of Colorado Law Review
No abstract provided.
The Critique And Praxis Of Rights, Bernard E. Harcourt
The Critique And Praxis Of Rights, Bernard E. Harcourt
University of Colorado Law Review
No abstract provided.
Critical Legal Thought: The Case For A Jurisprudence Of Distribution, Paulo Borrozo
Critical Legal Thought: The Case For A Jurisprudence Of Distribution, Paulo Borrozo
University of Colorado Law Review
No abstract provided.
From The Crisis Of Critique To The Critique Of Crisis, Ben Golder
From The Crisis Of Critique To The Critique Of Crisis, Ben Golder
University of Colorado Law Review
No abstract provided.
Making The Critical Moves: A Top Ten In Progressive Legal Scholarship, Jorge L. Esquirol
Making The Critical Moves: A Top Ten In Progressive Legal Scholarship, Jorge L. Esquirol
University of Colorado Law Review
No abstract provided.
The Future Of Facts: The Politics Of Public Health And Medicine In Abortion Law, Aziza Ahmed
The Future Of Facts: The Politics Of Public Health And Medicine In Abortion Law, Aziza Ahmed
University of Colorado Law Review
While a great deal of public scrutiny has focused on how information circulates through online outlets including Twitter and Facebook, less attention has been devoted to how more traditional institutions traffic in factual assertions for the sake of setting a particular distributional agenda into motion.1 Of these more traditional institutions, courts play a central role in legitimating legal and factual claims in the process of applying and clarifying legal rules. In public health-related adjudication, courts play at least two important roles: first, judges and juries make decisions between competing sets of public health and medical claims and second, courts legitimate …
The Common Law And Critical Theory, Charles L. Barzun
The Common Law And Critical Theory, Charles L. Barzun
University of Colorado Law Review
No abstract provided.
Racializing Environmental Justice, Eric K. Yamamoto, Jen-L W. Lyman, Susan K. Serrano
Racializing Environmental Justice, Eric K. Yamamoto, Jen-L W. Lyman, Susan K. Serrano
University of Colorado Law Review
No abstract provided.
Pricing Drugs Fairly, Govind Persad
Pricing Drugs Fairly, Govind Persad
Publications
Dissatisfaction with drug prices has prompted a flurry of recent legislation and academic research. But while pharmaceutical policy often regards fair pricing as a goal, the concept of fairness itself frequently goes undefined. Legal scholarship—even work ostensibly focused on fairness—has not defined and defended an account of fair pricing. Recent legislative proposals passed by the House and proposed by Sens. Ron Wyden and Chuck Grassley have similarly avoided a determinate position on fairness. This Article explains and defends an account of what makes a price for a drug fair that identifies fair price with social value, argues for implementing fair …
Media Freedom And Technological Change, Vivek Krishnamurthy, Mark Latonero, Rachel Kuchma, Elif Nur Kumru, Geneviève Plumptre
Media Freedom And Technological Change, Vivek Krishnamurthy, Mark Latonero, Rachel Kuchma, Elif Nur Kumru, Geneviève Plumptre
Publications
No abstract provided.
Municipal Resources, Michael Whitlow
Material Support Prosecutions And Their Inherent Selectivity, Wadie E. Said
Material Support Prosecutions And Their Inherent Selectivity, Wadie E. Said
Publications
No abstract provided.
The Destabilizing Effect Of Terrorism In The International Human Rights Regime, Wadie E. Said
The Destabilizing Effect Of Terrorism In The International Human Rights Regime, Wadie E. Said
Publications
This Article explores the counterterrorism apparatus maintained by the United Nations from a critical perspective. It argues that the international counterterrorism regime reflects American and European priorities and structures to a significant degree, a situation that positions the threat of Islamist terrorism as preeminent. The existence of this regime results in significant distortion to concepts and laws governing citizenship, national security, and civil liberties, not to mention overstating the threat of terrorism itself. Further, there is a clear racial component in linking the terrorist threat to Islam itself, the majority religion in many countries of the Global South, specifically those …
Measuring State Capture, Pamela J. Clouser Mccann, Douglas M. Spencer, Abby K. Wood
Measuring State Capture, Pamela J. Clouser Mccann, Douglas M. Spencer, Abby K. Wood
Publications
How do we know when an executive branch actor is captured or is at risk of capture? And what is the risk that other branches of government could be captured? In this project, we offer a critical review of regulatory -- or industry-related -- capture that we use to build a concept of state capture that extends beyond agency-specific accounts and incorporates both the structures and processes of governing, while centering our examination on the public. We use state-level data on campaign finance, lobbying, industry size, ethics, and transparency to measure the degree to which the fifty state executive, legislative, …
Allocating Medicine Fairly In An Unfair Pandemic, Govind Persad
Allocating Medicine Fairly In An Unfair Pandemic, Govind Persad
Publications
America’s COVID-19 pandemic has both devastated and disparately harmed minority communities. How can the allocation of scarce treatments for COVID-19 and similar public health threats fairly and legally respond to these racial disparities? Some have proposed that members of racial groups who have been especially hard-hit by the pandemic should receive priority for scarce treatments. Others have worried that this prioritization misidentifies racial disparities as reflecting biological differences rather than structural racism, or that it will generate mistrust among groups who have previously been harmed by medical research. Still others complain that such prioritization would be fundamentally unjust. I argue …
Improving The Ethical Review Of Health Policy And Systems Research: Some Suggestions, Govind Persad
Improving The Ethical Review Of Health Policy And Systems Research: Some Suggestions, Govind Persad
Publications
Consistent and well-designed frameworks for ethical oversight enable socially valuable research while forestalling harmful or poorly designed studies. I suggest some alterations that might strengthen the valuable checklist Rattani and Hyder propose in this issue of Journal of Law, Medicine & Ethics Reference Rattani and Hyder for the ethical review of health policy and systems research (HPSR), or prompt future work in the area.
A Most Ingenious Paradox: Competition Vs. Coordination In Mutual Fund Policy, Ann Lipton
A Most Ingenious Paradox: Competition Vs. Coordination In Mutual Fund Policy, Ann Lipton
Publications
No abstract provided.
Climate Changes Property: Disasters, Decommodification, And Retreat, Michael Pappas, Victor B. Flatt
Climate Changes Property: Disasters, Decommodification, And Retreat, Michael Pappas, Victor B. Flatt
Publications
No abstract provided.