Digital Commons Network^™

Religious Police Forces With Public Powers, Jonathon J. Booth

Publications

No abstract provided.

Ethical Issues In Pandemic Prevention, Preparedness, And Response, Govind Persad

Publications

Pandemic policies raise complex ethical challenges, as well as scientific and technical ones. This chapter examines four critical areas where ethical analysis is essential for effective pandemic prevention, preparedness, and response: spending decisions, clinical research, restrictions on rights and freedoms, and fair allocation of scarce medical resources.

Spending on pandemic prevention, preparedness, and response often involves trade-offs with other societal priorities, such as education, infrastructure, and environment. Navigating these trade-offs requires careful consideration of opportunity costs and distributional impacts.

Rights and freedoms can likewise present difficult trade-offs when pandemic policies restrict individual liberties, requiring clear goals and proportionate responses that …

Being Pregnant In Someone Else's Body, Jennifer S. Hendricks

Publications

No abstract provided.

Tainted Source Code, Bryan H. Choi

Publications

Open-source software has long eluded tort liability. Fierce ideological commitments and sticky license terms support a long tradition of forbearance against penalizing harmful or negligent work in open-source communities. The free, noncommercial, distributed, and anonymous characteristics of open-source contributions present additional obstacles to legal enforcement.

The exponential rise in software supply chain attacks has given new urgency to the problem of bad open-source code. Yet, current approaches are unlikely to meaningfully improve open-source security and safety. On the one hand, technological tools and self-governance mechanisms remain woefully underdeveloped and underutilized. On the other hand, liability proposals that place all the …

Anchoring Digital Sovereignty, Vivek Krishnamurthy

Publications

For a quarter-century, a consensus has prevailed that territorial sovereignty applies online as it does offline. Since practically all the Internet's infrastructure and its billions of users reside on the territory of states, conventional wisdom holds that sovereignty must extend to cyberspace. Such accounts ignore how people experience cyberspace as a distinctive place, and how current international law lacks safeguards to prevent states from exercising their sovereignty to splinter the Internet into a set of national networks. Territorial sovereignty is also hard to square with pledges by the world's democracies to keep the Internet free, open, and global; yet it …

Teaching At The Intersection Of Federal Indian Law And Environmental Law Courses, Mia Montoya Hammersley, Vanessa Ann Racehorse, Heather Tanana, Nadine Padilla, Gerald Torres

Publications

A discussion of the important role of Federal Indian Law in the practice of environmental and natural resources law and guidance on incorporating this intersection into traditional environmental law courses and curricula.

Transforming Tax Expenditures, Sloan G. Speck

Publications

For decades, reformers have advocated the repeal of tax expenditures--disguised government spending through special preferences in the Internal Revenue Code. And yet, tax expenditures persist, impairing federal tax receipts by more than $1.8 trillion in 2024. This Article introduces a novel mechanism for tax expenditure reform. To the extent that direct statutory repeal proves impossible or impractical, lawmakers can achieve an equivalent result through a strategy of legislative anti-repeal. By radically expanding a tax expenditure's legal scope, then adjusting progressive income tax rates to account for revenue loss and distributional considerations, lawmakers can effectively eliminate tax expenditures from the tax …

Nist's Software Un-Standards, Bryan H. Choi

Publications

The National Institute of Standards and Technology (NIST) has become a beacon of hope for those who trust in federal standards for software and AI safety. Moreover, lawmakers and commentators have indicated that compliance with NIST standards ought to shield entities from liability. With more than a century of expertise in scientific research and standard setting, NIST would seem to be uniquely qualified to develop such standards.

But as I argue in this Article, this faith is misplaced. NIST’s latest forays in risk management frameworks disavow concrete metrics or outcomes, and solicit voluntary participation instead of providing stable mandates. That …

Impacted Stakeholder Participation In Ai And Data Governance, Margot Kaminski, Gianclaudio Malgieri

Publications

Privacy law has long centered on the individual. But we observe a meaningful shift toward group harm and rights. There is growing recognition that data-driven practices, including the development and use of artificial intelligence (AI) systems, affect not just atomized individuals but also their neighborhoods and communities, including and especially situationally vulnerable and historically marginalized groups.

This Article explores a recent shift in both data privacy law and the newly developing law of AI: a turn towards stakeholder participation in the governance of AI and data systems, specifically by impacted groups often though not always representing historically marginalized communities. In …

Avoiding Four Fallacies In The Fair Allocation Of Influenza Countermeasures, Govind Persad, Johan L. Dellgren, Ezekiel J. Emanuel

Publications

No abstract provided.

Landscape Intactness As A Necessary Component Of Multiple-Use And Sustained-Yield Management Of Bureau Of Land Management Public Lands, Matthew S. Dietz, Alison C. Flint, R. Travis Belote

Colorado Environmental Law Journal

No abstract provided.

Greenwashed Forest Management And Wildfire Resilience, Sarah A. Matsumoto

Colorado Environmental Law Journal

No abstract provided.

State Adoption Of A Constitutional Right To A Clean And Healthy Environment: Held V. Montana As A Success For Climate Litigation, Lara Andenoro

Colorado Environmental Law Journal

No abstract provided.

Dire Straits In The Gulf: Using The Endangered Species Act To Better Protect The World's Rarest Whale From Industrial Threats, Aidan Bodeo-Lomicky

Colorado Environmental Law Journal

No abstract provided.

Applying The Rights Of Nature To The Rights Of Animals: Comparing The Lake Erie Bill Of Rights To Happy The Elephant, Mason Liddell

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.

Mining Association Position Statement On Indigenous Peoples: Respect For Their Rights Advanced, With Some Shortcomings, S. James Anaya

Colorado Environmental Law Journal

No abstract provided.

Interrogating Marine Plastics Pollution Regulations: The Intended Roles Of The Global Plastics Treaty, Ndubuisi Augustine Nwafor

Colorado Environmental Law Journal

No abstract provided.

Towards Multispecies Environmental Justice, Laura Street Cole

Colorado Environmental Law Journal

No abstract provided.

Holding Fossil Fuel Producers Accountable In U.S. And Other Foreign Courts: A Climate Justice Pathway For Sierra Leone, Jamil Sahid Fofanah

Colorado Environmental Law Journal

No abstract provided.

The Environmental Cost Of Intelligence: Regulating The Climate Impact Of Artificial Intelligence, Emilee Calvin

Colorado Environmental Law Journal

No abstract provided.

Still Silent: How The U.S. Regulatory Framework Fails To Address The Dangers Of Pesticides, Obie Johnson

Colorado Environmental Law Journal

No abstract provided.

Ski Resorts And Rural Energy Resiliency: How Colorado’S Ski Industry Could Help Reduce Energy Vulnerability In Rural Mountain Communities, Jonathan Skule

Colorado Environmental Law Journal

No abstract provided.

Corporate Climate Targets: Science, Discretion, And Climate-Washing, Nadav Orian Peer

Publications

The use of corporate climate targets has exploded in recent years and now encompasses many of the world's largest and most profitable companies. In a corporate climate target, a company voluntarily commits to reducing its emissions in line with climate science and the Paris Agreement. The broad adoption of these targets raises important questions: are these commitments truly aligned with science in the way they are advertised, or do they raise "climate-washing" concerns; i.e., do they exaggerate the benefits and significance of the climate targets? This Article investigates the role that science actually plays within targets and explores different types …

Developing A True North For Regulating At: The Importance Of Protecting Consumers And Promoting Innovation, Phil Weiser

Colorado Technology Law Journal

No abstract provided.

The Untold History Of "Harmful Interference" In The Regulation Of Radio Frequency Communications, Peter A. Tenhula, Carl R. Frank

Colorado Technology Law Journal

No abstract provided.

The Mental State Of Expression: Generative Ai And The Latent Mens Rea Of Copyright, Dane Fogdall

Colorado Technology Law Journal

No abstract provided.

Who Owns The Digital Athlete?, Kevin Nguyen

Colorado Technology Law Journal

No abstract provided.

Code As Content: Open Source Software And Platform Liability, Jessica Cheng

Colorado Technology Law Journal

No abstract provided.