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University of Colorado Law School

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Concerning Changes To The Demonstration Programs For System Of Care Family Advocates., Colorado General Assembly Jan 2010

Concerning Changes To The Demonstration Programs For System Of Care Family Advocates., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Authorization For The Establishment Of A Veterans Treatment Court Program In Judicial Districts., Colorado General Assembly Jan 2010

Concerning Authorization For The Establishment Of A Veterans Treatment Court Program In Judicial Districts., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The Provision Of Educational Services For Juveniles Against Whom Charges Have Been Filed In District Court, And Making An Appropriation Therefor., Colorado General Assembly Jan 2010

Concerning The Provision Of Educational Services For Juveniles Against Whom Charges Have Been Filed In District Court, And Making An Appropriation Therefor., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Changes To Crimes Involving Controlled Substances, And Making An Appropriation In Connection Therewith., Colorado General Assembly Jan 2010

Concerning Changes To Crimes Involving Controlled Substances, And Making An Appropriation In Connection Therewith., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Changes To Certain Parole-Related Statutes To Reduce The Number Of Parolees Who Return To The Department Of Corrections, And Making An Appropriation In Connection Therewith., Colorado General Assembly Jan 2010

Concerning Changes To Certain Parole-Related Statutes To Reduce The Number Of Parolees Who Return To The Department Of Corrections, And Making An Appropriation In Connection Therewith., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning A Requirement For Mortgage Companies To Be Registered By The Division Of Real Estate, And Making An Appropriation Therefor., Colorado General Assembly Jan 2010

Concerning A Requirement For Mortgage Companies To Be Registered By The Division Of Real Estate, And Making An Appropriation Therefor., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Solid Waste User Fees, And Making An Appropriation In Connection Therewith., Colorado General Assembly Jan 2010

Concerning Solid Waste User Fees, And Making An Appropriation In Connection Therewith., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning A Supplemental Appropriation To The Department Of Human Services., Colorado General Assembly Jan 2010

Concerning A Supplemental Appropriation To The Department Of Human Services., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Committees Created By The Colorado General Assembly That Operate During The Interim., Colorado General Assembly Jan 2010

Concerning Committees Created By The Colorado General Assembly That Operate During The Interim., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Expenditures To Be Made By The Department Of Public Safety, And Making An Appropriation Therefor., Colorado General Assembly Jan 2010

Concerning Expenditures To Be Made By The Department Of Public Safety, And Making An Appropriation Therefor., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Fees Collected By The Division Of Insurance To Fund Insurance Fraud Cases Pursued By The Department Of Law, And Making Appropriations In Connection Therewith., Colorado General Assembly Jan 2010

Concerning Fees Collected By The Division Of Insurance To Fund Insurance Fraud Cases Pursued By The Department Of Law, And Making Appropriations In Connection Therewith., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Parole, And Making An Appropriation In Connection Therewith., Colorado General Assembly Jan 2010

Concerning Parole, And Making An Appropriation In Connection Therewith., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Behavioral Health Transformation., Colorado General Assembly Jan 2010

Concerning Behavioral Health Transformation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning A Supplemental Appropriation To The Judicial Department., Colorado General Assembly Jan 2010

Concerning A Supplemental Appropriation To The Judicial Department., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Regulation Of Medical Marijuana, And Making An Appropriation Therefor., Colorado General Assembly Jan 2010

Concerning Regulation Of Medical Marijuana, And Making An Appropriation Therefor., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning A Supplemental Appropriation To The Department Of Law., Colorado General Assembly Jan 2010

Concerning A Supplemental Appropriation To The Department Of Law., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning A Supplemental Appropriation To The Department Of Corrections., Colorado General Assembly Jan 2010

Concerning A Supplemental Appropriation To The Department Of Corrections., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The Provision For Payment Of The Expenses Of The Executive, Legislative, And Judicial Departments Of The State Of Colorado, And Of Its Agencies And Insititutions, For And During The Fiscal Year Beginning July 1, 2010, Except As Otherwise Noted., Colorado General Assembly Jan 2010

Concerning The Provision For Payment Of The Expenses Of The Executive, Legislative, And Judicial Departments Of The State Of Colorado, And Of Its Agencies And Insititutions, For And During The Fiscal Year Beginning July 1, 2010, Except As Otherwise Noted., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning A Supplemental Appropriation To The Department Of Public Safety., Colorado General Assembly Jan 2010

Concerning A Supplemental Appropriation To The Department Of Public Safety., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Fine-Labor: The Symbiosis Between Monetary And Work Sanctions, Martin H. Pritikin Jan 2010

Fine-Labor: The Symbiosis Between Monetary And Work Sanctions, Martin H. Pritikin

University of Colorado Law Review

Monetary sanctions (fines and restitution) and work sanctions are theoretically superior to incarceration: they can deliver deterrence more cheaply, benefit victims tangibly, and promote offender rehabilitation. Yet incarceration remains the dominant punishment in America, even where incapacitation concerns are secondary. This is due in large part to practical drawbacks to the alternatives: monetary sanctions are difficult to enforce and do not seem punitive enough, and unions have successfully lobbied against the competitive threat of convict labor. In a hybrid "fine-labor" system, in which offenders are made to work to pay fines and restitution, the work component could remedy the flaws …


In Theory, In Practice: Judging State Jurisdiction In Indian Country, Carole Goldberg Jan 2010

In Theory, In Practice: Judging State Jurisdiction In Indian Country, Carole Goldberg

University of Colorado Law Review

International relations theory suggests some new ways of thinking about the conflict between states and tribes over jurisdiction in Indian country. Realists portray the struggle as a clash of self-interested political actors, with the most powerful prevailing. Norms-driven theory suggests that perceptions of which legal system satisfies widely accepted standards for fair and effective justice will determine which entity is allowed jurisdiction. Since norms-driven analysis seems more prevalent in Supreme Court decisions, this Article pursues its implications for tribal-state jurisdictional conflicts, finding that federal courts and other decisionmakers seem to favor state over tribal jurisdiction because state jurisdiction is perceived …


Separate But Unequal: The Federal Criminal Justice System In Indian Country, Troy A. Eid, Carrie Covington Doyle Jan 2010

Separate But Unequal: The Federal Criminal Justice System In Indian Country, Troy A. Eid, Carrie Covington Doyle

University of Colorado Law Review

In this Article, Troy Eid, a former United States Attorney for the District of Colorado, and Carrie Covington Doyle conclude that the federal criminal justice system serving Indian country today is "separate but unequal" and violates the Equal Protection rights of Native Americans living and working there. That system discriminates invidiously because it categorically applies only to Native Americans and then only to crimes arising on Indian lands. It is unequal because it is largely unaccountable, needlessly complicated, comparatively under-funded, and results in disproportionately more severe punishments for the same crimes, especially for juveniles. This Article traces the historical foundations …


Rethinking Guardianship (Again): Substituted Decision Making As A Violation Of The Integration Mandate Of Title Ii Of The Americans With Disabilities Act, Leslie Salzman Jan 2010

Rethinking Guardianship (Again): Substituted Decision Making As A Violation Of The Integration Mandate Of Title Ii Of The Americans With Disabilities Act, Leslie Salzman

University of Colorado Law Review

In every state, when an adult has a diminished capacity to make decisions about personal affairs or property management, a court may transfer the individual's right to make decisions to a guardian. This Article argues that, in most cases, it would be preferable to support decision making rather than supplant it through guardianship, and then seeks to locate a right to receive such support as a less restrictive alternative to the substituted decision making that characterizes guardianship. Building on the reasoning in Olmstead v. L.C. and subsequent decisions interpreting the Americans with Disabilities Act's integration mandate, this Article argues that …


A Distributive Theory Of Criminal Law, Aya Gruber Jan 2010

A Distributive Theory Of Criminal Law, Aya Gruber

Publications

In criminal law circles, the accepted wisdom is that there are two and only two true justifications of punishment-retributivism and utilitarianism. The multitude of moral claims about punishment may thus be reduced to two propositions: (1) punishment should be imposed because defendants deserve it, and (2) punishment should be imposed because it makes society safer. At the same time, most penal scholars notice the trend in criminal law to de-emphasize intent, centralize harm, and focus on victims, but they largely write off this trend as an irrational return to antiquated notions of vengeance. This Article asserts that there is in …


Propaganda For War And Transparency, Richard B. Collins Jan 2010

Propaganda For War And Transparency, Richard B. Collins

Publications

No abstract provided.


Tort Damages And The New Science Of Happiness, Rick Swedloff, Peter H. Huang Jan 2010

Tort Damages And The New Science Of Happiness, Rick Swedloff, Peter H. Huang

Publications

The happiness revolution is coming to legal scholarship. Based on empirical data about the how and why of positive emotions, legal scholars are beginning to suggest reforms to legal institutions. In this article we aim to redirect and slow down this revolution.

One of their first targets of these legal hedonists is the jury system for tort damages. In several recent articles, scholars have concluded that early findings about hedonic adaptation and affective forecasting undermine tort awards for pain and suffering, mental anguish, loss of enjoyment of life, and other non-economic damages. In the shadow of a broader debate about …


Contingent Equal Protection: Reaching For Equality After Ricci And Pics, Jennifer S. Hendricks Jan 2010

Contingent Equal Protection: Reaching For Equality After Ricci And Pics, Jennifer S. Hendricks

Publications

The Supreme Court's decision in Parents Involved in Community Schools v. Seattle School District #1 has been extensively analyzed as the latest step in the Court's long struggle with the desegregation of public schools. This Article examines the decision's implications for the full range of equal protection doctrine dealing with benign or remedial race and sex classifications. Parents Involved revealed a sharp division on the Court over whether government may consciously try to promote substantive equality. In the past, such efforts have been subject to an equal protection analysis that allows race-conscious or sex-conscious state action, contingent on existing, de …


Provoking Change: Comparative Insights On Feminist Homicide Law Reform, Carolyn B. Ramsey Jan 2010

Provoking Change: Comparative Insights On Feminist Homicide Law Reform, Carolyn B. Ramsey

Publications

The provocation defense, which mitigates murder to manslaughter for killings perpetrated in the heat of passion, is one of the most controversial doctrines in the criminal law because of its perceived gender bias; yet most American scholars and lawmakers have not recommended that it be abolished. This Article analyzes trendsetting feminist homicide law reforms, including the abolition of the provocation defense in three Australian jurisdictions, places these reforms in historical context, and assesses their applicability to the United States. It ultimately advocates reintroducing the concept of justified emotion, grounded in modern equality principles and social values, as a requirement for …


A Defensible Defense?: Reexamining Castle Doctrine Statutes, Benjamin Levin Jan 2010

A Defensible Defense?: Reexamining Castle Doctrine Statutes, Benjamin Levin

Publications

Recent years have seen a proliferation of so-called “castle doctrine” statutes – laws that provide home dwellers with more expansive self-defense protections if they resort to lethal force in confrontations with intruders. The passage of such laws and subsequent uses of the defense have captured the public imagination, prompting significant media attention, as well as skeptical and critical scholarship from the legal academic community.

Considering the current prevalence of castle laws and the often polarized nature of the debate concerning their application, this Article argues that it is important to excavate the doctrine from the culture wars rhetoric in which …


The False Promise Of Retributive Proportionality, Aya Gruber Jan 2010

The False Promise Of Retributive Proportionality, Aya Gruber

Publications

No abstract provided.