Digital Commons Network^™

The Internet And The Lost Law Of Transit, Vivek Krishnamurthy

Publications

For centuries, the law of transit has specified when states must permit foreign persons and goods to traverse their territory on journeys beginning and ending beyond their borders. Transit is a right — not a privilege — that tempers territorial sovereignty. Though largely forgotten today, the right to transit springs from states’ responsibilities to the international community when their territory hosts infrastructure of global utility.

Yet the internet stands as a striking exception to this tradition. Despite its importance, no doctrine of transit constrains states’ power to block or disrupt internet traffic that merely passes through their territory. This is …

Jawbreaking And Counterboning, Blake Reid

Publications

FCC Chairman Brendan Carr’s public campaign of unlawful threats against television broadcasters, culminating in the high-profile preemption and later return to air of late-night host Jimmy Kimmel, provides an important natural experiment for the law of jawboning. The Kimmel-Carr episode highlights the challenges of legal remedies against government officials over even the most flagrantly coercive, unlawful, and public jawbones. It also highlights the importance of intermediaries refusing to comply with unlawful demands—what this Essay calls jawbreaking.

Using the Kimmel-Carr episode as a case study, this Essay proposes moving beyond voluntary incentives for jawbreaking to impose a mandatory duty to jawbreak …

Against A Medical Exception To Equal Protection, Govind Persad

Publications

Government regulations of medicine sometimes treat patients differently based on their race or sex. Does heightened scrutiny apply to such regulations—as is usual when law treats someone differently based on a protected characteristic? Or is there a medical exception to equal protection?

Recently, in United States v. Skrmetti, the Supreme Court upheld a law that restricted access to medical treatments for transgender minors. Though its holding did not rely on medical exceptionalism, its discussion reinvigorated interest in a "medical exception" to equal protection: that medical decisions are exempt from the searching review applied when governmental decisions consider protected characteristics.

For …

Advocacy Matters, Richard B. Collins

Publications

The Supreme Court’s 2022 Castro-Huerta decision was wrong on the points it discussed. It was doubly wrong for a reason it ignored. But the latter error was shared because all briefs and the dissenting opinion ignored it as well. The question presented was whether a nineteenth-century federal Indian country statute provided for exclusive federal jurisdiction over interracial crimes, or for concurrent authority with states. The Court held that the statute allowed concurrent jurisdiction. But it ignored the fact that Congress and the Court, until fairly recently, avoided concurrent federal-state jurisdiction over crimes. Had the self-styled originalist Justices taken their theory …

Open Source Ai, Open Liability Ai, Bryan H. Choi

Publications

The release of open-source AI foundation models has been advertised as “good for the world.” But free public access comes with significant risks of harm. The tacit assumption has been that the “open source” label carries with it automatic immunity from legal liability. Accordingly, critics and skeptics of open-source AI have focused their attacks primarily on whether open-source AI properly qualifies as “open source.”

But the rule of liability for open-source AI should not depend on openness. This Essay explains that the notion of open-source exceptionalism draws upon a discredited theory of charitable immunity. Conventional tort law principles do not …

Adversarial Certification Of Evidentiary Software, Nicholas G. Vincent, Bryan H. Choi, Eli Siems, Clay Halbert, Katherine J. Strandburg

Publications

No abstract provided.

Coached By A Custom Chatgpt And Ready For Trial, Staci J. Pratt

Publications

No abstract provided.

Clean Energy And Enclosure, Ann M. Eisenberg

University of Colorado Law Review

No abstract provided.

Unwell Water: Legal Silence, Private Wells, And Public Health In The Rural Americas, Shavonnie R. Carthens

University of Colorado Law Review

No abstract provided.

Renegotiating The Energy Transition, Hannah J. Wiseman, Jennifer Baka, Kaitlyn Spangler

University of Colorado Law Review

No abstract provided.

"The Reality Is, It All Came Back To Catch Us": Urban Population Increase And Water Conservation In The Arid West, Madison Dobson

University of Colorado Law Review

No abstract provided.

Table Of Contents, University Of Colorado Law Review

University of Colorado Law Review

No abstract provided.

Breakthrough Climate Constitutionalism?, Sam Bookman

University of Colorado Law Review

No abstract provided.

Chaco Roads: Connecting Cultural Heritage And Environmental Justice, Vanessa Ann Racehorse

University of Colorado Law Review

No abstract provided.

Manufactured Monstrosity: Analyzing And Challenging The Narrative Of Lgbtq+ Terrorism, Samantha Salter

Colorado Law Student Scholars

No abstract provided.

David Getches: A Jurist At The Service Of The Indigenous Cause, Armando Guevara Gil

Colorado Environmental Law Journal

No abstract provided.

End Game: Designing Smarter Wind And Solar Decommissioning Requirements, Kyra Toering, Natalie Heun

Colorado Environmental Law Journal

No abstract provided.

Reducing Pollution From Concentrated Animal Feeding Operations By Enforcing National Pollutant Discharge Elimination System Permit Requirements Under The Clean Water Act, Shelby White

Colorado Environmental Law Journal

No abstract provided.

Emerging Contaminants Reveal Flaws In The Safe Drinking Water Act, Julia Abolafia

Colorado Environmental Law Journal

No abstract provided.

Front Matter, Colorado Environmental Law Journal

Colorado Environmental Law Journal

No abstract provided.

Editor's Note, Colorado Environmental Law Journal

Colorado Environmental Law Journal

No abstract provided.

Water Rights In Outer Space: Prior Appropriation And The Final Frontier, Kevin M. Morrow

Colorado Environmental Law Journal

No abstract provided.

Regulating Cultured Meat Labels In The United States, Natalie Mousa

Colorado Environmental Law Journal

No abstract provided.

From Values To Policy: Embracing Ethics Within The National Environmental Policy Act, Andrew Sandahl

Colorado Environmental Law Journal

No abstract provided.

Planning A New Paradigm: Tribal Co-Stewardship And Federal Public Lands Planning, Monte Mills, Martin Nie

Colorado Environmental Law Journal

No abstract provided.

Amicus (Fall 2025), University Of Colorado Law School

Amicus

No abstract provided.

Concerning A Medicaid Waiver Program For Children With Complex Health Needs., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Creation Of Tax Incentives To Support The Film Festival Industry, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Inclusion Of Nuclear Energy As A Source Of Clean Energy, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Enforcement Of Wage And Hour Laws, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.