Digital Commons Network^™

How Private Actors Are Impacting U.S. Economic Sanctions, Maryam Jamshidi

Publications

Economic and trade sanctions are typically understood as the exclusive province of governments and intergovernmental organizations. Private parties have, however, long played a role in sanctions regimes. For example, private plaintiffs holding unsatisfied, terrorism-related civil judgments have used various U.S. federal statutes to enforce those judgments against assets blocked by U.S. sanctions. Most recently, plaintiffs with judgments against the Taliban have used some of those federal laws to execute against the financial assets of Afghanistan’s central bank. These and other efforts to enforce terrorism-related civil judgments are more than just attempts to collect on outstanding damages awards. Rather, they allow …

The Politicization Of Criminal Prosecutions, Wadie E. Said

Publications

This Article offers a critical review of how political considerations rooted both in domestic and foreign policy-have distorted the criminal process, thereby offering a complementary analysis of what ails the criminal justice system. This analysis builds on the by-now well-known critiques of the racial and socioeconomic discrimination at the system's heart. The result is a criminal justice system that allows political considerations to dictate results far more than they should. In domestic prosecutions, criminal law is mostly used to target those who seek to question the legitimacy of state policies, state agencies (especially the police), or corporate interests, rendering the …

Electoral Maintenance, Douglas M. Spencer

Publications

According to the U.S. Supreme Court, the right to vote is fundamental because it is preservative of all rights, and yet in many cases legal protections for the right to vote fall short of protections for the other rights that voting is meant to preserve. Redefining the right to vote cannot solve this problem alone. Election administration has at least as much consequence on the right to vote as any particular definition or legal theory. In Democracy’s Bureaucracy, Michael Morse draws our attention to one of the most important yet understudied issues of election administration: voter list maintenance. In addition …

Privacy Peg, Trade Hole: Why We (Still) Shouldn’T Put Data Privacy In Trade Law, Margot E. Kaminski, Kristina Irion, Svetlana Yakovleva

Publications

No abstract provided.

Accounting For Climate Impacts In Decisionmaking, Mark S. Squillace

Publications

Every significant decision made by government agencies, and many made by private organizations, impacts climate change. Ignoring those impacts is increasingly unacceptable. But how to account for a decision’s impact on the climate is far from clear. This article seeks to answer that question in the context of the greenhouse gas (GHG) emissions that will likely result from a proposed action and begins with a detailed description of the environmental impact assessment (EIA) process. EIA is crucial to understanding the likely consequences of a proposed action, including the climate-related consequences. EIA also serves as the primary vehicle for estimating GHG …

The Shifting Economic Allegiance Of Capital Gains, Amanda Parsons

Publications

Technological advances and the digitalization of the global economy have created an economic environment beyond the imagination of the original designers of the international tax system. Much scholarly attention has been paid to the question of how these economic transformations should affect which country is able to tax a multinational company's income. But which country should be able to tax capital gains income from the sale of that company's shares is an important and overlooked question.

This Article answers this question. It concludes that taxing authority over capital gains income must be reallocated to the countries in which companies conduct …

Constitutional Norms And State Judicial Confirmations, Adam B. Sopko

Publications

No abstract provided.

Catalyzing Judicial Federalism, Adam B. Sopko

Publications

No abstract provided.

Catch And Release Jurisdiction, Adam B. Sopko

Publications

No abstract provided.

Regional Venture Deals, Paige L. Wilson

Publications

What might allow a region to suddenly excel at attracting venture capital funding, and what role do lawyers play in such a shift? The Midwest offers a useful case study because it has succeeded at increasing the size of its venture capital market by more than five hundred percent over the past decade. This Article is the first-ever empirical study to explore in depth the changing practices of the region. This Article begins by comparing startup lawyering practices in the Midwest to startup lawyering practices in the major innovation hubs on the coasts. Drawing upon lawyer interviews, industry reports, and …

Unequal Homes, Unequal Health: Applying The Loss Of Chance Doctrine To Landlord-Tenant Cases, Delaram Takyar

Publications

Low-income families and families of color in the U.S. are disproportionately likely to live in homes that are negligently maintained by landlords, with significant implications for their physical health. Despite suffering harm, tenants often cannot seek legal relief without ruling out all possible alternate causes of their injuries. For example, if a tenant develops asthma after being exposed to black mold in her home and can show that her landlord had knowingly refused to remediate the mold, the tenant would still be barred from relief if she were genetically predisposed to developing asthma or could have also been exposed to …

Inside Out (Or, One State To Rule Them All): New Challenges To The Internal Affairs Doctrine, Ann Lipton

Publications

The internal affairs doctrine provides that the law of the organizing state will apply to matters pertaining to a business entity's internal governance, regardless of whether the entity has substantive ties to that jurisdiction. The internal affairs doctrine stands apart from other choice of law rules, which usually favor the jurisdiction with the greatest relationship to the dispute and limit parties' ability to select another jurisdiction's law. The doctrine is purportedly justified by business entities' unique need for a single set of rules to apply to governance matters, and by the efficiency gains that flow from allowing investors and managers …

Preface: New Directions In Prosecutorial Reform, Miriam Aroni Krinsky, Justin Murray, Maybell Romero

Publications

This Preface, which introduces the American Criminal Law Review’s Symposium Issue on Reform-Minded Prosecution, begins by describing the power that prosecutors hold in the criminal legal system, which has historically gone unchecked and unquestioned. As mass incarceration, police violence, and wrongful convictions began to permeate the public consciousness, many communities focused their attention on the critical role of their local elected prosecutor and elected leaders who promised to do the job differently. Reform-minded prosecutors have enjoyed remarkable electoral successes over the past decade such that close to twenty percent of the U.S. population now resides in a jurisdiction with a …

The Shared Ethical Framework To Allocate Scarce Medical Resources: A Lesson From Covid-19, Govind Persad, Govind C. Persad

Publications

The COVID-19 pandemic has helped to clarify the fair and equitable allocation of scarce medical resources, both within and among countries. The ethical allocation of such resources entails a three-step process: (1) elucidating the fundamental ethical values for allocation, (2) using these values to delineate priority tiers for scarce resources, and (3) implementing the prioritisation to faithfully realise the fundamental values. Myriad reports and assessments have elucidated five core substantive values for ethical allocation: maximising benefits and minimising harms, mitigating unfair disadvantage, equal moral concern, reciprocity, and instrumental value. These values are universal. None of the values are sufficient alone, …

Post-Industrial Property Law: Review Of: Claire W. Herbert, A Detroit Story: Urban Decline And The Rise Of Property Informality, Jonathon J. Booth

Publications

No abstract provided.

Guardianship Before And Following Hospitalization, Jennifer Sullivan, Andrew B. Cohen, Kelly Stolzmann, Elizabeth J. Auguste, Casey C. Catlin, Zachary S. Sager, Rachel E. Weiskittle, Cindy B. Woolverton, Heather L. Connors

Publications

When ethics committees are consulted about patients who have or need court appointed guardians, they lack empirical evidence about several common issues, including the relationship between guardianship and prolonged, potentially medically unnecessary hospitalizations for patients. To provide information about this issue, we conducted quantitative and qualitative analyses using a retrospective cohort from Veterans Healthcare Administration. To examine the relationship between guardianship appointment and hospital length of stay, we first compared 116 persons hospitalized prior to guardianship appointment to a comparison group (n=348) 3:1 matched for age, diagnosis, date of admission, and comorbidity. We then compared 91 persons hospitalized in the …

Fair Domestic Allocation Of Monkeypox Virus Countermeasures, Govind Persad, R. J. Leland, Trygve Ottersen, Henry S. Richardson

Publications

Countermeasures for mpox (formerly known as monkeypox), primarily vaccines, have been in limited supply in many countries during outbreaks. Equitable allocation of scarce resources during public health emergencies is a complex challenge. Identifying the objectives and core values for the allocation of mpox countermeasures, using those values to provide guidance for priority groups and prioritisation tiers, and optimising allocation implementation are important. The fundamental values for the allocation of mpox countermeasures are: preventing death and illness; reducing the association between death or illness and unjust disparities; prioritising those who prevent harm or mitigate disparities; recognising contributions to combating an outbreak; …

Front Matter, Colorado Technology Law Journal

Colorado Technology Law Journal

No abstract provided.

Heat Waves And A Public-Private Partnership In Alaska, Sarah A. Matsumoto, Karen Sandrik

Publications

No abstract provided.

Amicus (Fall 2022), University Of Colorado Law School

Amicus

Issue at a glance:

• Commemorates Colorado Law's 130th anniversary with a roundtable discussion featuring seven generations of alumni
• Highlights the latest research by Professor Margot E. Kaminski
• Celebrates the opening of the Solidarity Suite, Colorado Law's newest student lounge
• Shares stories of philanthropy
• Recognizes milestones and successes of Colorado Law alumni

Environmental Justice For Food System Workers: Heat-Illness Prevention Standards As One Step Toward Just Transition, Sarah A. Matsumoto

Publications

No abstract provided.

The Rise Of Critical Infrastructure Protest Legislation And Its Implications For Radical Climate Activism, Nick Crockett

Colorado Environmental Law Journal

No abstract provided.

The Clean Energy Dilemma: How The Push For Clean Energy Could Threaten Indigenous Communities And An Exploration Of Potential Alternatives, Laura Berglan, Blaine Miller-Mcfeeley, Andrea Folds, Earthjustice

Colorado Environmental Law Journal

No abstract provided.

Federal Vs. State Jurisdiction Over Net Metering Rates, Patrick Witterschein

Colorado Environmental Law Journal

No abstract provided.

Securitization Of Coal Plant Retirements: Implications For Just Energy Transitions, Ann M. Eisenberg, Emily Winston

Colorado Environmental Law Journal

No abstract provided.

The (Un)Just Use Of Transition Minerals: How Efforts To Achieve A Low-Carbon Economy Continue To Violate Indigenous Rights, Kate R. Finn, Christina A.W. Stanton

Colorado Environmental Law Journal

No abstract provided.

Community Choice Aggregators, Biomass Energy, And California's Just Transition: A Case Study Of Ab 843 And Responsible Biomass Procurement Principles, Shalini Swaroop Esq., Alexandrea Mcgee

Colorado Environmental Law Journal

No abstract provided.

Amicus (Spring 2022), University Of Colorado Law School

Amicus

Issue at a glance:

• Features Colorado Law alumni who are making their mark with careers in government
• Highlights the latest research by Professor Suzette Malveaux
• Shares Dean Inniss' fundraising priorities for Colorado Law
• Includes stories of philanthropy by alumni and faculty
• Recognizes milestones and successes of Colorado Law alumni

Final Status Sheet, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Cumulative House Journal, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.