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University of Colorado Law School

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The Accounting: Habeas Corpus And Enemy Combatants, Emily Calhoun Jan 2008

The Accounting: Habeas Corpus And Enemy Combatants, Emily Calhoun

Publications

The judiciary should impose a heavy burden of justification on the executive when a habeas petitioner challenges the accuracy of facts on which an enemy combatant designation rests. A heavy burden of justification will ensure that the essential institutional purposes of the writ--and legitimate, separated-powers government--are preserved, even during times of national exigency. The institutional purposes of the writ argue for robust judicial review rather than deference to the executive. Moreover, the procedural flexibility traditionally associated with the writ gives the judiciary the tools to ensure that a heavy burden of justification can be imposed.


Real Property And Peoplehood, Kristen A. Carpenter Jan 2008

Real Property And Peoplehood, Kristen A. Carpenter

Publications

This Article proposes a theory of real property and peoplehood in which lands essential to the identity and survival of collective groups are entitled to heightened legal protection. Although many Americans are sympathetic to American Indian tribes and their quest for cultural survival, we remain unable to confront the uncomfortable truth that the very thing Indian peoples need is their land, the same land that the U.S. took from them. This is especially the case with regard to the sacred sites of Indian peoples, whose religions and cultures are inextricably linked to those sites. Federal law permits the United States …


The Concept Of "Less Eligibility" And The Social Function Of Prison Violence In Class Society, Ahmed A. White Jan 2008

The Concept Of "Less Eligibility" And The Social Function Of Prison Violence In Class Society, Ahmed A. White

Publications

No abstract provided.


Welcome To The Class Of 2010, David Getches Jan 2007

Welcome To The Class Of 2010, David Getches

Speeches

Summary by Jane Thompson: David Getches starts his remarks by sharing interesting facts about the entering class, but he concludes by talking about the legal profession and its ideals.


Index To The House Journal State Of Colorado: Sixty-Sixth General Assembly First Regular Session At Denver, The State Capitol, Colorado General Assembly Jan 2007

Index To The House Journal State Of Colorado: Sixty-Sixth General Assembly First Regular Session At Denver, The State Capitol, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.


Concerning The Revision Of Statutes In The Colorado Revised Statutes, As Amended, And, In Connection Therewith, Amending Or Repealing Obsolete, Inconsistent, And Conflicting Provisions Of Law And Clarifying The Language To Reflect The Legislative Intent Of The Laws., Colorado General Assembly Jan 2007

Concerning The Revision Of Statutes In The Colorado Revised Statutes, As Amended, And, In Connection Therewith, Amending Or Repealing Obsolete, Inconsistent, And Conflicting Provisions Of Law And Clarifying The Language To Reflect The Legislative Intent Of The Laws., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning A Supplemental Appropriation To The Department Of Law, Colorado General Assembly Jan 2007

Concerning A Supplemental Appropriation To The Department Of Law, 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 Institutions, For And During The Fiscal Year Beiginning July 1, 2007, Except As Otherwise Noted, Colorado General Assembly Jan 2007

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 Institutions, For And During The Fiscal Year Beiginning July 1, 2007, Except As Otherwise Noted, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Demonstration Programs For Integrated Systems Of Care Family Advocacy Programs For Mental Health Juvenile Justice Populations, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly Jan 2007

Concerning Demonstration Programs For Integrated Systems Of Care Family Advocacy Programs For Mental Health Juvenile Justice Populations, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Authority For The Division Of Criminal Justice To Charge A Fee For Training, And Making An Appropriation Therefor., Colorado General Assembly Jan 2007

Concerning Authority For The Division Of Criminal Justice To Charge A Fee For Training, And Making An Appropriation Therefor., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The Regulation Of Persons Participating In Mortgage Loan Transactions, And, In Connection Therewith, Requiring Mortgage Brokers To Be Licensed, Specifying Prohibited Acts And Grounds For Discipline Of Licensees, And Making An Appropration., Colorado General Assembly Jan 2007

Concerning The Regulation Of Persons Participating In Mortgage Loan Transactions, And, In Connection Therewith, Requiring Mortgage Brokers To Be Licensed, Specifying Prohibited Acts And Grounds For Discipline Of Licensees, And Making An Appropration., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The Allocation Of Tobacco Litigation Settlement Moneys That Are Not Currently Required To Be Allocated To Existing Tobacco Settlement Programs To Health-Care Related Programs That, Except For The Children's Basic Health Plan, Do Not Currently Receive Tobacco Litigation Settlement Moneys, And Making An Appropriation In Connection Therewith., Colorado General Assembly Jan 2007

Concerning The Allocation Of Tobacco Litigation Settlement Moneys That Are Not Currently Required To Be Allocated To Existing Tobacco Settlement Programs To Health-Care Related Programs That, Except For The Children's Basic Health Plan, Do Not Currently Receive Tobacco Litigation Settlement Moneys, And Making An Appropriation In Connection Therewith., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Provisions Related To Defendants' Rights Involving The Criminal Procedural Law Of The State., Colorado General Assembly Jan 2007

Concerning Provisions Related To Defendants' Rights Involving The Criminal Procedural Law Of The State., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Modifications To The Guidelines Contained In Part 3 Of Article 4.1 Of Title 24, Colorado Revised Statutes, That Ensure Crime Victims Are Able To Participate In The Criminal Justice Process., Colorado General Assembly Jan 2007

Concerning Modifications To The Guidelines Contained In Part 3 Of Article 4.1 Of Title 24, Colorado Revised Statutes, That Ensure Crime Victims Are Able To Participate In The Criminal Justice Process., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Reporting Requirements To The Committees Of The General Assembly, And, In Connection Therewith, Repealing Certain Reporting Requirements Pursuant To The Colorado "Information Coordination Act"., Colorado General Assembly Jan 2007

Concerning Reporting Requirements To The Committees Of The General Assembly, And, In Connection Therewith, Repealing Certain Reporting Requirements Pursuant To The Colorado "Information Coordination Act"., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Necessary Changes To Statutes To Comply With Federal Law Regarding Placement Of A Child Outside Of The Home, And Making An Appropriation Therefor., Colorado General Assembly Jan 2007

Concerning Necessary Changes To Statutes To Comply With Federal Law Regarding Placement Of A Child Outside Of The Home, And Making An Appropriation Therefor., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The Study Of The Criminal Justice System, And, In Connection Therewith, Changing The Colorado Criminal And Juvenile Justice Commission And Making An Appropriation., Colorado General Assembly Jan 2007

Concerning The Study Of The Criminal Justice System, And, In Connection Therewith, Changing The Colorado Criminal And Juvenile Justice Commission And Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Statewide Electronic Read-Only Access By Agencies To The Integrated Colorado On-Line Network (Icon)., Colorado General Assembly Jan 2007

Concerning Statewide Electronic Read-Only Access By Agencies To The Integrated Colorado On-Line Network (Icon)., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning A Supplemental Appropriation To The Department Of Human Services, Colorado General Assembly Jan 2007

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

Session Laws 2001-Present

No abstract provided.


Concerning A Supplemental Appropriation To The Department Of Corrections., Colorado General Assembly Jan 2007

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

Session Laws 2001-Present

No abstract provided.


Concerning A Supplemental Appropriation To The Judicial Department, Colorado General Assembly Jan 2007

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

Session Laws 2001-Present

No abstract provided.


Index, Colorado General Assembly Jan 2007

Index, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The Child Abuse Investigation Surcharge Fund., Colorado General Assembly Jan 2007

Concerning The Child Abuse Investigation Surcharge Fund., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The Creation Of A Victim Address Confidentiality Program, Making An Appropriation Therefor, And Requiring A Post-Enactment Review Of The Implementation Of This Act., Colorado General Assembly Jan 2007

Concerning The Creation Of A Victim Address Confidentiality Program, Making An Appropriation Therefor, And Requiring A Post-Enactment Review Of The Implementation Of This Act., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning A Supplemental Appropriation To The Department Of Public Safety, Colorado General Assembly Jan 2007

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

Session Laws 2001-Present

No abstract provided.


House Joint Resolution, Colorado General Assembly Jan 2007

House Joint Resolution, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Post A Message And Go To Jail: Criminalizing Internet Libel In Japan And The United States, Salil K. Mehra Jan 2007

Post A Message And Go To Jail: Criminalizing Internet Libel In Japan And The United States, Salil K. Mehra

University of Colorado Law Review

In the United States, criminal libel is all but dead. American law professors only write about it to denounce the continued existence of rarely enforced criminal libel statutes. In Japan, however, criminal libel laws have become vital tools in policing injurious speech on the Internet. Defamatory posts lead to police intervention and even arrest. Because the United States is considering regulation of online speech, potentially including criminal penalties, we can learn from the experience of Japan. From a positive perspective, this Article explains why Japan applies such laws to the Internet. From a normative perspective, the Article addresses why broadly …


Attempt, Reckless Homicide, And The Design Of Criminal Law, Michael T. Cahill Jan 2007

Attempt, Reckless Homicide, And The Design Of Criminal Law, Michael T. Cahill

University of Colorado Law Review

Most American criminal codes create an offense for recklessly killing another person, and nearly all contain a general provision covering any attempt to commit an offense. This article explores the relation between reckless homicide and attempt, which proves more complex than it appears and also turns out to provide a useful starting point for examination of several broader issues in attempt law and criminal law generally. The idea of "attempted reckless homicide" ("ARH") is largely disfavored by legal scholars and almost, but not quite, universally rejected in American law. Part I of the article questions that hostility. The theoretical arguments …


Arrested Development: An Alternative To Juveniles Serving Life Without Parole In Colorado, Gail B. Goodman Jan 2007

Arrested Development: An Alternative To Juveniles Serving Life Without Parole In Colorado, Gail B. Goodman

University of Colorado Law Review

More than 100 years ago, reformers established a separate juvenile court system meant to protect and rehabilitate delinquent children. However, several U.S. Supreme Court cases in the 1960s and 1970s slowly eroded the special features that distinguished the juvenile court from the criminal court. In addition, newly enacted legislation has facilitated the transfer of juvenile cases to the adult system. As a result, more juveniles are being tried in adult courts and the goals furthered by the juvenile court system are being ignored. Recent Supreme Court decisions and studies regarding adolescent brain development indicate that the current system for treating …


The Rise Of The Organizational Practice Of Child Welfare Law: The Child Welfare Law Office, Leslie Starr Heimov, Amanda George Donnelly, Marvin Ventrell Jan 2007

The Rise Of The Organizational Practice Of Child Welfare Law: The Child Welfare Law Office, Leslie Starr Heimov, Amanda George Donnelly, Marvin Ventrell

University of Colorado Law Review

No abstract provided.