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Table Of Contents (Vol.91, Issue 2)

University of Colorado Law Review

No abstract provided.

Bulldozing Infrastructure Planning And The Environment Through Trump's Executive Order 13807, Alejandro E. Camacho

University of Colorado Law Review

No abstract provided.

Decolonization: Treaties, Resource Use, And Environmental Conservation, Gerald Torres

University of Colorado Law Review

No abstract provided.

Honoring Sally Jewell, Charles Wilkinson

University of Colorado Law Review

No abstract provided.

A Conversation With Associate Justice Elena Kagan, Justice Elena Kagan

University of Colorado Law Review

No abstract provided.

Toward Establishing A Pre-Extinction Definition Of "Nationwide Injunctions, Portia Pedro

University of Colorado Law Review

No abstract provided.

The Constitutionality Of Nationwide Injunctions, Alan M. Trammell

University of Colorado Law Review

Opponents of nationwide injunctions have advanced cogent reasons why courts should be skeptical of this sweeping remedy, but one of the arguments is a red herring: the constitutional objection. This Essay focuses on the narrow question of whether the Article III judicial power prohibits nationwide injunctions. It doesn't.

This Essay confronts and dispels the two most plausible arguments that nationwide injunctions run afoul of Article III. First, it shows that standing jurisprudence does not actually speak to the scope-of-remedy questions that nationwide injunctions present. Second, it demonstrates that the Article III judicial power is not narrowly defined in terms of …

Concepts, Not Nomenclature: Universal Injunctions, Declaratory Judgments, Opinions, And Precedent, Howard M. Wasserman

University of Colorado Law Review

No abstract provided.

Dustbowl Waters: Doctrinal And Legislative Solutions To Save The Ogallala Aquifer Before Both Time And Water Run Out, Warigia M. Bowman

University of Colorado Law Review

Eighty-three years after the Dust Bowl, residents of America's High Plains face a dire threat: their primary aquifer faces depletion, and entire sections of the country are set to run out of groundwater by the end of the century or sooner.

The Ogallala Aquifer provides a significant amount of America's agricultural irrigation water and is a primary source of drinking water for Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming.

This Article argues that policymakers should slow the Aquifer's depletion rate by implementing changes to irrigation technology, crop choice, consumer behavior, legal doctrine, and legislation. This Article …

Subject Index Of The House And Senate Bills Passed By The General Assembly: Seventy-Second Generaly Assembly - Second Regular Session, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

House Journal: Seventy-Second General Assembly State Of Colorado Second Regular Session, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Front Matter, Colorado Environmental Law Journal

Colorado Environmental Law Journal

No abstract provided.

Towards Energy Democratization, Rafael Leal-Arcas, Marius Gregor, Hanna Knigge

Colorado Environmental Law Journal

No abstract provided.

No Credit Unless You Show Your Work: How Judges Can Stop The Gaming Of Climate Change Discount Rates In Federal Rulemaking, Jack Thorlin

Colorado Environmental Law Journal

No abstract provided.

Indian Allottee Water Rights: A Case Study Of Allotments On The Former Malheur Indian Reservation, Margaret Schaff, Cheryl Lohman

Colorado Environmental Law Journal

No abstract provided.

Beyond Our Borders: Barriers And Solutions To Applying Environmental Regulations To U.S. Corporations That Outsource Production, Jordan Becker

Colorado Environmental Law Journal

No abstract provided.

Black And Yellow Letter Law: Managing Rusty Patched Bumble Bee Conservation Under The Endangered Species Act, Daniel Franz

Colorado Environmental Law Journal

No abstract provided.

Global Energy Poverty: The Relevance Of Faith And Reason, Lakshman Guruswamy

Publications

The challenge of energy poverty (EP) primarily confronts the least developed countries (LDCs) of the world, located in Africa and Asia, but is also prevalent within segments of more advanced developing countries in Asia. This article will first delineate the nature of global energy poverty that results in the premature deaths of millions of people and leads to pervasive sickness among many more millions. The article will next sketch the legal and political responses to this problem that have generally applied principles of sustainable development (SD) and the seventeen Sustainable Development Goals (SDGs) of 2015 adopted by the General Assembly …

Book Review: Empire, Emergency, And International Law, Wadie E. Said

Publications

No abstract provided.

Procedural Law, The Supreme Court, And The Erosion Of Private Rights Enforcement, Suzette M. Malveaux

Publications

No abstract provided.

Intersectionality In The Opioid Crisis: Anti-Black Racism And White, Pregnant, Opioid Users, Craig Konnoth

Publications

No abstract provided.

Foreword, National Injunctions: What Does The Future Hold?, Suzette Malveaux

Publications

This Foreword is to the 27th Annual Ira C. Rothgerber Jr. Conference, National Injunctions: What Does the Future Hold?, which was hosted by The Byron R. White Center for the Study of American Constitutional Law at the University of Colorado Law School, on Apr. 5, 2019.

Restoring The Public Interest In Western Water Law, Mark Squillace

Publications

American Western states and virtually every country and state with positive water resources law are in perfect agreement about the wisdom of treating their water resources as public property. Not surprisingly, this has led most Western states to articulate a goal of managing these resources in the public interest. But the meaning of the term “public interest,” especially in the context of water resources management, is far from clear. This Article strives to bring clarity to that issue. It begins by exploring three theoretical approaches that might be used for defining the public interest in water resources law before urging …

(Indigenous) Language As A Human Right, Kristen Carpenter, Alexey Tsykarev

Publications

The United Nations General Assembly has proclaimed 2022-2032 as the International Decade of Indigenous Languages. Building on lessons of the International Year of Indigenous Languages of 2019, the Decade will "draw attention to the critical loss of indigenous languages and the urgent need to preserve, revitalize and promote indigenous languages." These actions are necessary, in part, because existing laws and policies have proven inadequate to redress the legacy of state suppression of indigenous languages or ensure nondiscrimination in contemporary usage. In light of the International Year and Decade, this Article explores the rights of indigenous peoples to "use, revitalize, and …

Medicalization And The New Civil Rights, Craig Konnoth

Publications

In the last several decades, individuals have advanced civil rights claims that rely on the language of medicine. This Article is the first to define and defend these “medical civil rights” as a unified phenomenon.

Individuals have increasingly used the language of medicine to seek rights and benefits, often for conditions that would not have been cognizable even a few years ago. For example, litigants have claimed that discrimination against transgender individuals constitutes illegal disability discrimination. Others have argued that their fatigue constitutes chronic fatigue syndrome (which was, until recently, a novel and contested diagnosis) to obtain Social Security disability …

Super-Statutory Contracting, Kristelia García

Publications

The conventional wisdom is that property rules induce more—and more efficient—contracting, and that when faced with rigid property rules, intellectual property owners will contract into more flexible liability rules. A series of recent, private copyright deals show some intellectual property owners doing just the opposite: faced with statutory liability rules, they are contracting for more protection than that dictated by law, something this Article calls “super-statutory contracting”—either by opting for a stronger, more tailored liability rule, or by contracting into property rule protection. Through a series of deal analyses, this Article explores this counterintuitive phenomenon, and updates seminal thinking on …

Pushing The Envelope: Salzberg V. Sciabacucchi And Delaware's Evolving View Of The Internal Affairs Doctrine, Mark J. Loewenstein

Publications

In January, 2020, the Delaware Supreme Court handed down its decision in Salzberg v. Sciabacucchi, upholding a provision in a certificate of incorporation that designated the federal courts as the exclusive jurisdiction for the litigation of claims under the federal Securities Act of 1933. The inclusion of these provisions in Delaware charters and bylaws – often referred to as “Federal Forum Provisions” or FFPs – raised important questions as to the reach of the internal affairs doctrine. This doctrine provides that the jurisdiction of incorporation regulates the internal affairs of its corporations: the relationship among and between the corporate …

Facilitating Collaborative Metadata Creation For Faculty-Initiated Digital Projects, R. Cecilia Knight, Elizabeth Rodrigues, Rebecca Ciota

Publications

The usability and long-term preservation of digital humanities projects, such as a digital archive or other project built around digitized materials, depend on thoughtful and thorough metadata creation. The variety of expertise required to create high-quality metadata for digital humanities projects practically requires a collaborative approach. Putting the call for collaboration into practice requires tools that are accessible and functional for all collaborators. Research on tools for metadata creation has tended to focus either on tools for librarians to manage digital project metadata or on tools for independent author metadata creation (Greenberg, 2003; Crystal & Greenberg, 2005). The …

Discrimination, The Speech That Enables It, And The First Amendment, Helen Norton

Publications

Imagine that you’re interviewing for your dream job, only to be asked by the hiring committee whether you’re pregnant. Or HIV positive. Or Muslim. Does the First Amendment protect your interviewers’ inquiries from government regulation? This Article explores that question.

Antidiscrimination laws forbid employers, housing providers, insurers, lenders, and other gatekeepers from relying on certain characteristics in their decision-making. Many of these laws also regulate those actors’ speech by prohibiting them from inquiring about applicants’ protected class characteristics; these provisions seek to stop illegal discrimination before it occurs by preventing gatekeepers from eliciting information that would enable them to discriminate. …

The Impact Of The American Civil War On Political Writing In Jamaica And Cuba, Jonathon J. Booth

Publications

No abstract provided.