Digital Commons Network^™

Silence For The Sake Of “Security”: Bop Regulations Stifle Incarcerated Journalism In Federal Prisons, Sydney Poppe

University of Colorado Law Review

No abstract provided.

"Women’S Language" In Supreme Court Oral Arguments, Carolina Nunez, Lucy Williams, David Wingate, Aerin Christensen, Anna Mae Walker

University of Colorado Law Review

No abstract provided.

The Indelible Flaws Of Conviction Integrity Units, Sarah Gottlieb

University of Colorado Law Review

No abstract provided.

Aggregation At The Bottom, Seema Tahir Saifee

University of Colorado Law Review

No abstract provided.

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 …

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

Publications

No abstract provided.

The Failures Of Sro Law In Colorado, Connor Liska

Colorado Law Student Scholars

No abstract provided.

Federal Policing After The Church Committee: A Critical Retrospective, Robert Draper

Colorado Law Student Scholars

No abstract provided.

Policing After Slavery: Race, Crime, And Resistance In Atlanta, Jonathon J. Booth

University of Colorado Law Review

No abstract provided.

Manufacturing False Convictions: Lies And The Corrupt Use Of Jailhouse Informants, Russell D. Covey

University of Colorado Law Review

No abstract provided.

Algorithmic Bias And Accountability: The Double B(L)Ind For Marginalized Job Applicants, Chris Chambers Goodman

University of Colorado Law Review

No abstract provided.

Fear And Free Speech, Helen Norton

Publications

No abstract provided.

Religious Police Forces With Public Powers, Jonathon J. Booth

Publications

No abstract provided.

A New Satanic Panic, Jonathon J. Booth

Publications

A broad backlash to LGBTQ visibility and equality has emerged in recent years. Its conservative proponents have asserted that queer people are Satanic, called gender affirming healthcare child abuse, and labeled adults who teach about gender and sexuality "groomers." This rhetorical shift, combined with an explosion of anti-transgender legislation, may presage a revival of the 1980s Satanic Panic, when fears of brutal crimes allegedly committed by Satanic cults swept the nation. These accusations spurred the longest trial in American history, commanded tabloid news, and led dozens of people to be convicted of lurid crimes, nearly all of whom were later …

The Supervisory Power Of State Supreme Courts, Adam B. Sopko

Publications

State supreme courts are currently center stage as they face some of the most important issues of our time. But nearly all of the attention is focused on their ability to interpret state constitutions to provide rights guarantees that the U.S. Supreme Court has diminished or eliminated from the Federal Constitution. While important, judicial review is but one instance of a state high court’s authority. Their supervisory power—the primary source of judicial administrative authority—has served as a vital source of policymaking power to safeguard individual rights and enhance the public good. Supreme courts have relied on their supervisory power to …

Dangerousness And The Undocumented, Pratheepan Gulasekaram

Publications

The Supreme Court's most recent Second Amendment opinion, United States v. Rahimi, centers the question of dangerousness in right to bear arms challenges. There, the Court upheld 18 U.S.C. § 922(g)(8), the federal criminal prohibition on possession of firearms by those subject to a civil domestic violence order, opining that legislatures could regulate the right to bear arms of those who were proven credible threats to public safety. Rahimi, however, left open the question whether dangerousness might be imputed to an entire group, absent individual determinations of threat or danger. The several lower federal court cases adjudicating 18 U.S.C. § …

Prosecutorial Reform And The Myth Of Individualized Enforcement, Justin Murray

Publications

The American prosecutor’s legitimacy faces unprecedented challenges. A new wave of reformist prosecutors has risen to power promising to transform the criminal justice system from within, sparking fierce backlash from defenders of the prosecutorial status quo. Central to this conflict is a debate over the nature of prosecutorial discretion, influenced by a set of claims and assumptions that this Article terms the myth of individualized enforcement. This myth posits that prosecutors base discretionary decisions on case-specific facts and equitable circumstances rather than generalizable criteria or categorical nonenforcement practices, such as the policies some reformist prosecutors have adopted that disfavor prosecuting …

Law Enforcement Independence In Trump’S Second Term, Justin Murray

Publications

No abstract provided.

Amicus (Fall 2024), University Of Colorado Law School

Amicus

Issue at a Glance

• Spotlight on Colorado Law's legal clinics

A Long Way From Brady: The Impact Of Digital Infrastructure & E-Discovery Practices On State Discovery Obligations In Criminal Cases, Benjamin Scott Basilio

Colorado Technology Law Journal

No abstract provided.

Al Cannibalism And The Law, Amy Cyphert, Sam Perl, S. Sean Tu J.D., Ph..

Colorado Technology Law Journal

No abstract provided.

Beyond The Iudex Threshold: Human Oversight As The Conscience Of Machine Learning, E. Jason Albert, Jessica E. Brown

Colorado Technology Law Journal

No abstract provided.

No Sword, No Shield, No Problem: Ai In Pro Se Section 1983 Suits, Michaela Calhoun

University of Colorado Law Review Forum

Originating during the Reconstruction era, 42 U.S.C. 1983 emerged as a legislative tool to safeguard individuals’ constitutional rights and liberties. Initially designed to combat state-sanctioned violence, its efficacy has been eroded over time by subsequent judicial and legislative action. Unfortunately, the current state of Section 1983 falls short of this envisioned role, particularly for incarcerated individuals who find themselves navigating the complexities of the federal court system as pro se litigants.

Faced with a landscape devoid of resources, incarcerated individuals struggle to realize their constitutional rights, further perpetuating their collective status as a second-class citizenry—a status imposed by their own …

Senate Journal History, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Senate Journal, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Table Of Contents (Vol. 81, Issue 4)

University of Colorado Law Review

No abstract provided.

Ai Malpractice, Bryan H. Choi

Publications

No abstract provided.

Immigration Detention Abolition And The Violence Of Digital Cages, Sarah Sherman-Stokes

University of Colorado Law Review

The United States has a long history of pernicious immigration enforcement and surveillance. Today, in addition to more than 34,000 people held in immigration detention, Immigration and Customs Enforcement (ICE) shackles and surveils an astounding 376,000 people under its “Alternatives to Detention” (“ATD”) program. The number of people subjected to this surveillance has grown dramatically in the last two decades, from just about 1,700 in 2005. ICE’s rapidly expanding Alternatives to Detention program is a “digital cage,” consisting of GPS-outfitted ankle shackles and invasive phone and location tracking. Government officials and some immigrant advocates have characterized these digital cages as …

Estate To State: Pay-To-Stay Statutes And The Problematic Seizure Of Inherited Property, Brittany L. Deitch

University of Colorado Law Review

Pay-to-stay statutes allow states to recover their incarceration-related expenditures from those who are currently or have formerly been incarcerated. Mass incarceration is expensive, and states have aimed to shift this financial burden from their taxpayers and government coffers to the individuals who experience incarceration. Although pay-to-stay laws take many forms, in general, they authorize the government to seek recompense for an individual’s incarceration costs from the currently or formerly incarcerated person’s assets and income. Many states permit the seizure of inherited property to satisfy this legal financial obligation. Pay-to-stay laws have survived constitutional challenges thus far, but some state legislatures …

Curing Terry's Colorblindness, Ilan Friedmann-Grunstein

Publications

Scholars, policymakers, and advocates have long bemoaned the Supreme Court's colorblind Fourth Amendment jurisprudence. The Court has alternatively ignored or condoned racially discriminatory searches and seizures, allowing government agents to engage in widespread racial profiling. Proposed reforms have typically focused on doctrinal solutions that would limit police discretion or called for the reversal of Terry v. Ohio.

This Article provides a comprehensive doctrinal, regulatory, and legislative solution to racial discrimination in police investigations. It proposes a novel solution: adopting recent jury selection reforms aimed at preventing racism injury selection to combat racial profiling in searches and seizures. Several states, …