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The Supervisory Power Of State Supreme Courts, Adam B. Sopko Jan 2025

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 Jan 2025

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. § …


Religious Freedom And The Fertilized Egg, Rabea N. Benhalim Jan 2025

Religious Freedom And The Fertilized Egg, Rabea N. Benhalim

Publications

Anti-abortion activism and litigation have challenged established caselaw on the legality of in vitro fertilization (IVF) and the legal treatment of IVF fertilized eggs. These challenges rely on conservative Christian ideologies that full personhood occurs at fertilization. Litigation has primarily arisen out of wrongful death suits and divorce proceedings, wherein a party either has destroyed or seeks to dispose of frozen blastocysts. Some legislatures now seek to regulate the treatment of IVF fertilized eggs vis-á-vis legislation, as politicians increasingly seek to ban any destruction of human fertilized eggs by legally defining human life as beginning at fertilization. However, the question …


Foreword, Jedediah Britton-Purdy, Justin Deystone Jan 2025

Foreword, Jedediah Britton-Purdy, Justin Deystone

Publications

No abstract provided.


Law Enforcement Independence In Trump’S Second Term, Justin Murray Jan 2025

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

Publications

No abstract provided.


An American's Guide To The Eu Ai Act, Margot Kaminski, Andrew D. Selbst Jan 2025

An American's Guide To The Eu Ai Act, Margot Kaminski, Andrew D. Selbst

Publications

The EU AI Act entered into force in August 2024. The AI Act is long. It is complicated. It relies on a regulatory framework and institutions unfamiliar to many in the United States. But as the first omnibus AI regulation worldwide, it has the potential to have a vast influence on both practice and lawmaking.

In this Article, we provide the American's Guide to the EU AI Act. This Article breaks down the AI Act for a U.S. law audience, explaining the overall mechanisms, and how the Act interacts with background EU laws and institutions. At its core, the AI …


Suspicion, Deference, And The First Amendment, Helen Norton Jan 2025

Suspicion, Deference, And The First Amendment, Helen Norton

Publications

No abstract provided.


Securitizing The University, Maryam Jamshidi Jan 2025

Securitizing The University, Maryam Jamshidi

Publications

Since October 7, 2023, public and private actors have doubled down on efforts to securitize the American university. In large part, these initiatives aim to quash a vocal pro-Palestine movement that has become highly visible across U.S. campuses since October 7th. In targeting this group, these efforts have variously treated the university as an "object" of national security, namely, as a potential site of national security risk, while simultaneously encouraging or pressuring universities to "participate" in national security, namely, by actively and, in many cases, voluntarily furthering U.S. national security objectives. The university's status as object of and participant in …


Colorado River Insights, 2025: Dancing With Deadpool, Colorado River Research Group Jan 2025

Colorado River Insights, 2025: Dancing With Deadpool, Colorado River Research Group

Books, Reports, and Studies

No abstract provided.


The Charter Of The City Of Durango, Colorado, Durango Oct 2024

The Charter Of The City Of Durango, Colorado, Durango

Colorado Historical Municipal Codes

No abstract provided.


Richarrd J. Spelts And Walter J. Boigegrain, Petitioners, V. Robert C. Klausing And The Committee For Economic Development And Tax Relief, Proponents, And The State Title Setting Review Boards, Respondents Oct 2024

Richarrd J. Spelts And Walter J. Boigegrain, Petitioners, V. Robert C. Klausing And The Committee For Economic Development And Tax Relief, Proponents, And The State Title Setting Review Boards, Respondents

Colorado Supreme Court Records and Briefs Collection

No abstract provided.


City And County Of Denver V. Sheriff Oct 2024

City And County Of Denver V. Sheriff

Colorado Supreme Court Records and Briefs Collection

No abstract provided.


City And County Of Denver V. Sheriff Oct 2024

City And County Of Denver V. Sheriff

Colorado Supreme Court Records and Briefs Collection

No abstract provided.


Amicus (Fall 2024), University Of Colorado Law School Oct 2024

Amicus (Fall 2024), University Of Colorado Law School

Amicus

Issue at a Glance

  • Spotlight on Colorado Law's legal clinics


The Fate Of Section 230, Kimberly A. Gry May 2024

The Fate Of Section 230, Kimberly A. Gry

Colorado Technology Law Journal

No abstract provided.


A Long Way From Brady: The Impact Of Digital Infrastructure & E-Discovery Practices On State Discovery Obligations In Criminal Cases, Benjamin Scott Basilio May 2024

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.. May 2024

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

Colorado Technology Law Journal

No abstract provided.


Can Climate Change Constitute A Taking? The Endangered Species Act And Greenhouse Gas Regulation, Ethan Mooar May 2024

Can Climate Change Constitute A Taking? The Endangered Species Act And Greenhouse Gas Regulation, Ethan Mooar

Colorado Environmental Law Journal

No abstract provided.


Beyond Public Reason On Energy Justice: Solidarity And Catholic Social Teaching, José Ambrozic May 2024

Beyond Public Reason On Energy Justice: Solidarity And Catholic Social Teaching, José Ambrozic

Colorado Environmental Law Journal

No abstract provided.


Tax Incentives For Investment Crowdfunding: A Comparative Analysis, Douglas J. Cumming, Sofia Johan, Robert S. Reardon May 2024

Tax Incentives For Investment Crowdfunding: A Comparative Analysis, Douglas J. Cumming, Sofia Johan, Robert S. Reardon

Colorado Technology Law Journal

No abstract provided.


Put Out The Fire: Developing A Sustainable Energy Policy For All Namibians, Julie Nania, Doug Vilsack May 2024

Put Out The Fire: Developing A Sustainable Energy Policy For All Namibians, Julie Nania, Doug Vilsack

Colorado Environmental Law Journal

No abstract provided.


Psychic Income & Democratized Investing, Abraham J.R. Cable May 2024

Psychic Income & Democratized Investing, Abraham J.R. Cable

Colorado Technology Law Journal

No abstract provided.


Energy Justice And Sustainable Development, Lakshman Guruswamy May 2024

Energy Justice And Sustainable Development, Lakshman Guruswamy

Colorado Environmental Law Journal

No abstract provided.


Creative Jurisprudence: The Paradox Of Free Speech Absolutism, R. George Wright, Chris Rowley May 2024

Creative Jurisprudence: The Paradox Of Free Speech Absolutism, R. George Wright, Chris Rowley

University of Colorado Law Review Forum

Governments often seek to restrict speech on the basis of its content, navigating the ever-complex terrain between constitutional freedoms and regulatory interests. While the United States judiciary has historically endeavored to balance competing constitutional questions and government interests when scrutinizing content-based speech regulations, recent trends signify a troubling shift. The judiciary has recently embraced what this Article refers to as free speech absolutism, whereby it sidesteps the longstanding, intricate process of balancing constitutional values and public interests, in favor of an unequivocal endorsement of speech rights. This simplified judicial strategy proceeds first with an acknowledgment of the paramount importance of …


No Sword, No Shield, No Problem: Ai In Pro Se Section 1983 Suits, Michaela Calhoun May 2024

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 …


Healthy Rivers Are Critical For Colorado's Water Resources Resilience: How Colorado Water Law Needs To Evolve To Protect Our Natural Stream Systems, John Cyran, Hattie Johnson, Jacquelyn Corday, Andrew Teegarden May 2024

Healthy Rivers Are Critical For Colorado's Water Resources Resilience: How Colorado Water Law Needs To Evolve To Protect Our Natural Stream Systems, John Cyran, Hattie Johnson, Jacquelyn Corday, Andrew Teegarden

Colorado Environmental Law Journal

Over the past 200 years, the large majority of Colorado's rivers have been altered to make way for development, agriculture, or transportation, or to deliver water to users more efficiently. Rivers have been buried by mining debris or concrete, channelized, levied, wholly diverted, riparian vegetation lost by grazing or land use practices, and thousands of miles of streams have become incised, disconnected from their foodplains. Numerous scientific studies over the past twenty years have documented why degraded rivers are problematic and why healthy functioning river systems connected to their foodplains provide numerous critical services beyond water delivery, including increased protection …


Old Farms, New Crop: Agriculture's Historical Influence In Colorado Water Law And Its Leadership Into A Water Scarce Future, Sara Dunn, Andrea Hall May 2024

Old Farms, New Crop: Agriculture's Historical Influence In Colorado Water Law And Its Leadership Into A Water Scarce Future, Sara Dunn, Andrea Hall

Colorado Environmental Law Journal

No abstract provided.


The Risks And Potential Impacts Of A Colorado River Compact Curtailment On Colorado River In-Basin And Transmountain Water Rights Within Colorado, Eric Kuhn May 2024

The Risks And Potential Impacts Of A Colorado River Compact Curtailment On Colorado River In-Basin And Transmountain Water Rights Within Colorado, Eric Kuhn

Colorado Environmental Law Journal

Twenty-plus years of drought and overuse in the Colorado River system have dramatically changed the outlook for water users in the system's Lower and Upper Basins. At the time of this Article's writing, the United States Bureau of Reclamation was simultaneously working on two related, but separate, environmental review processes related to the management of the Colorado River and its major storage reservoirs. The river system was granted a short reprieve in the form of a long overdue and aboveaverage snowpack in the winter of 2022-2023, but all signs point to continued risk presented by an imbalance in the system …


Keeping It In The Ground: An Analysis Of Colorado Oil And Gas Law And The Legal Tools To Limit Production, Colin Hull May 2024

Keeping It In The Ground: An Analysis Of Colorado Oil And Gas Law And The Legal Tools To Limit Production, Colin Hull

Colorado Environmental Law Journal

No abstract provided.


"Sugar, We're Goin Down"?': Major Questions Doctrine And The Securities And Exchange Commission's Climate Disclosure Rule, Austin S. Mccleery May 2024

"Sugar, We're Goin Down"?': Major Questions Doctrine And The Securities And Exchange Commission's Climate Disclosure Rule, Austin S. Mccleery

Colorado Environmental Law Journal

No abstract provided.