Digital Commons Network^™

Beyond Internal And External: A Taxonomy Of Mechanisms For Regulating Corporate Conduct, Ann Lipton

Publications

Corporate discourse often distinguishes between internal and external regulation of corporate behavior. The former refers to internal decisionmaking processes within corporations and the relationships between investors and corporate managers, and the latter refers to the substantive mandates and prohibitions that dictate how corporations must behave with respect to the rest of society. At the same time, most commenters would likely agree that these categories are too simplistic; relationships between investors and managers are often regulated with a view toward benefitting other stakeholders.

As a result, this Article will seek to develop a taxonomy of tactics available to, and used by, …

Policing Procedural Error In The Lower Criminal Courts, Justin Murray

Publications

The criminal justice system depends on reviewing courts to formulate norms of procedural law and to make sure those norms are actually followed in the lower courts. Yet reviewing courts are not performing either of these functions very well. No single factor can fully explain why this is the case, for there is plenty of blame to go around. But the harmless error rule is a major culprit. The conventional approach to harmless error review prohibits reversal of a defendant’s conviction or sentence, even when the law was violated during proceedings in the lower court, unless that violation influenced the …

Not Yet America's Best Idea: Law, Inequality, And Grand Canyon National Park, Sarah Krakoff

Publications

Even the nation’s most cherished and protected public lands are not spaces apart from the workings of law, politics, and power. This Essay explores that premise in the context of Grand Canyon National Park. On the occasion of the Park’s 100th Anniversary, it examines how law — embedded in a political economy committed to rapid growth and development in the southwestern United States — facilitated the violent displacement of indigenous peoples and entrenched racialized inequalities in the surrounding region. It also explores law’s shortcomings in the context of sexual harassment and discrimination within the Park. The Essay concludes by suggesting …

Beyond The Marrakesh Vip Treaty: Typology Of Copyright Access-Enabling Provisions For Persons With Disabilities, Caroline B. Ncube, Blake E. Reid, Desmond O. Oriakhogba

Publications

This paper builds upon the evidence drawn from a scoping study on access to copyright works by persons with disabilities. It identifies and discusses specific access‐enabling technologies for persons with aural, cognitive, physical, and visual disabilities and how they are affected by the exercise of exclusive rights. It shows how, and the extent to which states' ratification of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (Marrakesh Treaty) has enabled the making of accessible format of copyright works for persons with disabilities. To this end, the paper examines …

Against Regulatory Stimulus, Erik F. Gerding

Publications

With political constraints on fiscal responses and monetary policy confronting the zero lower bound, policymakers may be tempted to turn to financial deregulation as a tool to stimulate economic growth in a recession, a strategy I label “regulatory stimulus.” This article creates a framework for answer two questions: first, whether and when regulatory stimulus is effective in promoting macroeconomic growth, particularly in a severe recession or liquidity trap; and second, if regulatory stimulus is effective, whether it is worth the potential trade-offs in terms of longer-term macroeconomic policy objectives.

Ultimately, I find grounds for skepticism that financial deregulation can effectively …

The Belloni Decision: A Foundation For The Northwest Fisheries Cases, The National Tribal Sovereignty Movement, And An Understanding Of The Rule Of Law, Charles Wilkinson

Publications

Judge Belloni’s decision in United States v. Oregon, handed down a half-century ago, has been given short shrift by lawyers, historians, and other commentators on the modern revival of Indian treaty fishing rights in the Pacific Northwest. The overwhelming amount of attention has been given to Judge Boldt’s subsequent decision in United States v. Washington and the Passenger Vessel ruling by the Supreme Court affirming Judge Boldt. I’m one who has been guilty of that.

We now can see that United States v. Oregon was the breakthrough. In those early days, Judge Belloni showed deep understanding of the two …

What's Wrong With Police Unions?, Benjamin Levin

Publications

In an era of declining labor power, police unions stand as a rare success story for worker organizing—they exert political clout and negotiate favorable terms for their members. Yet, despite broad support for unionization on the political left, police unions have become public enemy number one for academics and activists concerned about race and police violence. Much criticism of police unions focuses on their obstructionist nature and how they prioritize the interests of their members over the interests of the communities they police. These critiques are compelling—police unions shield officers and block oversight. But, taken seriously, they often sound like …

Internet Architecture And Disability, Blake E. Reid

Publications

The Internet is essential for education, employment, information, and cultural and democratic participation. For tens of millions of people with disabilities in the United States, barriers to accessing the Internet—including the visual presentation of information to people who are blind or visually impaired, the aural presentation of information to people who are deaf or hard of hearing, and the persistence of Internet technology, interfaces, and content without regard to prohibitive cognitive load for people with cognitive and intellectual disabilities—collectively pose one of the most significant civil rights issues of the information age. Yet disability law lacks a comprehensive theoretical approach …

Race-Of-Victim Disparities And The "Level Up" Problem, Aya Gruber

Publications

No abstract provided.

Unsafe At Any Campus: Don't Let Colleges Become The Next Cruise Ships, Nursing Homes, And Food Processing Plants, Peter H. Huang, Debra S. Austin

Publications

The decision to educate our students via in-person or online learning environments while COVID-19 is unrestrained is a false choice, when the clear path to achieve our chief objective safely, the education of our students, can be done online. Our decision-making should be guided by the overriding principle that people matter more than money. We recognize that lost tuition revenue if students delay or defer education is an institutional concern, but we posit that many students and parents would prefer a safer online alternative to riskier in-person options, especially as we get closer to fall, and American death tolls rise. …

Setting Priorities Fairly In Response To Covid-19: Identifying Overlapping Consensus And Reasonable Disagreement, Govind Persad, Govind Persad, Joseph Millum

Publications

Proposals for allocating scarce lifesaving resources in the face of the Covid-19 pandemic have aligned in some ways and conflicted in others. This paper attempts a kind of priority setting in addressing these conflicts. In the first part, we identify points on which we do not believe that reasonable people should differ-even if they do. These are (i) the inadequacy of traditional clinical ethics to address priority-setting in a pandemic; (ii) the relevance of saving lives; (iii) the flaws of first-come, first-served allocation; (iv) the relevance of post-episode survival; (v) the difference between age and other factors that affect life-expectancy; …

Expensive Patients, Reinsurance, And The Future Of Health Care Reform, Govind Persad

Publications

In 2017, Americans spent over $3.4 trillion-nearly 18% of gross domestic product-on health care. This spending is unevenly distributed: Almost a quarter is spent on the costliest 1% of patients, and almost half on the costliest 5%. Most of these patients soon return to a lower percentile, but many continue or economic, analysis of existing and proposed options for sharing expensive patients' costs. Third, it bridges the disconnected literature on reinsurance, limit setting, and health care financing, identifying how proposals in these different areas intersect. to incur health care costs in the top percentiles year after year. This Article focuses …

Disability Law And The Case For Evidence-Based Triage In A Pandemic, Govind Persad

Publications

This Essay explains why model policies proposed or adopted in response to the COVID-19 pandemic that allocate scarce medical resources by using medical evidence to pursue two core goals—saving more lives and saving more years of life—are compatible and consonant with disability law. Disability law, properly understood, permits considering medical evidence about patients’ probability of surviving treatment and the quantity of scarce treatments they will likely use. It also permits prioritizing health workers, and considering patients’ post-treatment life expectancy. These factors, when based on medical evidence and not inaccurate stereotypes, are legal to consider even if they disadvantage some patients …

The American Express Case: Back To The Future, Douglas Melamed

Colorado Technology Law Journal

No abstract provided.

Eu Influence On Data Privacy Laws: Is The Us Approach Converging With The Eu Model?, Emmanuel Pernot-Leplay

Colorado Technology Law Journal

No abstract provided.

Licensing Standard Essential Patents With Frand Commitments: Preparing For 5g Mobile Telecommunications, Daniel Spulber

Colorado Technology Law Journal

No abstract provided.

Fair Or Foul: Examining Income Share Agreements In Professional Football And Baseball, Emely Garcia

Colorado Technology Law Journal

No abstract provided.

Blockchain & Business Methods: How Business Method Patents May Be Redeemed By Furthering Blockchain Innovation, Kurt Prange

Colorado Technology Law Journal

No abstract provided.

On-Orbit Services Are Ready For Lift Off: Existing U.S. Regulations Can Usher In A New Era Of Commercial Space Activity, Jordan Regenie

Colorado Technology Law Journal

No abstract provided.

Paving The Road To Fiber, Corian Zacher

Colorado Technology Law Journal

No abstract provided.

The Kids Are Airight: Teen Sexting, Child Pornography Charges, And The Criminalization Of Adolescent Sexuality, Blaire Bayliss

University of Colorado Law Review

"Sexting" is a term that refers to the exchange of sexually explicit or sexually suggestive messages or images between individuals using electronic messaging. Teenage sexting is a controversial legal topic because the act of taking nude or semi-nude pictures of a minor technically constitutes child pornography under federal law, even when those pictures were self-portraits taken by the minor in question. This Comment argues that the prosecution of sexting under federal child pornography law constitutes the criminalization of adolescent exploration of sexuality and that states should adopt their own sexting-specific laws to address teenage sexting in a manner that respects …

The Greater Yellowstone Ecosystem Revisited: Law, Science, And The Pursuit Of Ecosystem Management In An Iconic Landscape, Robert B. Keiter

University of Colorado Law Review

Thirty years ago, the Greater Yellowstone Ecosystem (GYE) concept and ecosystem management surfaced as key to preserving this legally fragmented region's public lands and wildlife in the face of mounting development pressures. Yellowstone's grizzly bears were in sharp decline and wolves were absent from the landscape, while bison and elk management issues festered. The GYE's national forest lands were subject to extensive logging, energy leasing, and other commercial activities that cumulatively threatened the region's ecological integrity. In the face of extreme jurisdictional complexity and a strong commitment to agency discretion, a high-profile federal "Vision" effort to improve and better coordinate …

Reevaluating Environmental Citizen Suits In Theory And Practice, David E. Adelman, Robert L. Glicksman

University of Colorado Law Review

Citizen suits are frequently cited as an essential legal innovation by virtue of their capacity to provide a backstop to lax or ideologically antagonistic administrations. Drawing on data from fifteen years of litigation under two prominent environmental statutes, we find little evidence that citizen suits effectively serve this role in practice. Instead, we find that limited resources and institutional barriers strictly limit the number of citizen suits filed annually against the federal government under two of the most litigated environmental statutes, the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA). While our findings do not negate the …

Streamlining Or Steamrolling: Oil And Gas Leasing Reform On Federal Public Lands In The Trump Administration, Marcilynn A. Burke

University of Colorado Law Review

No abstract provided.

Not Yet America's Best Idea: Law, Inequality, And Grand Canyon National Park, Sarah Krakoff

University of Colorado Law Review

No abstract provided.

Contingent Delisting, Justin R. Pidot

University of Colorado Law Review

No abstract provided.

Ecosystem Services And Federal Public Lands: A Quiet Revolution In Natural Resources Management, J.B. Ruhl, James Salzman

University of Colorado Law Review

The major federal public land management agencies (the Forest Service, Bureau of Land Management, Park Service, Fish & Wildlife Service, and Department of Defense) have increasingly adopted a language that did not exist twentyfive years ago-the language of ecosystem services. Ecosystem services are the range of benefits that ecological resources provide to humans, from water purification and pollination to carbon sequestration and wildlife habitat. The scientific discipline advancing the ecosystem services framework arose in the mid-1990s and quickly became a central strategy for fusing ecology and economics research. Despite its ascendance in research communities, the recognition and conservation of ecosystem …

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

University of Colorado Law Review

No abstract provided.

Seeing Beyond Courts: The Political Context Of The Nationwide Injunction, Charlton C. Copeland

University of Colorado Law Review

No abstract provided.

Preserving The Nationwide National Government Injunction To Stop Illegal Executive Branch Activity, Doug Rendleman

University of Colorado Law Review

No abstract provided.