Digital Commons Network^™

Climate Change And Modern State Common Law Nuisance And Trespass Tort Claims, Jack Wold-Mcgimsey

University of Colorado Law Review

This Comment examines the use of state common law tort claims to address climate change. The aim of this work is not to provide an in-depth examination of these issues, but rather to provide a contextualized and comprehensive overview of some of the most important issues in this field using modern cases actively being litigated. This Comment comes to the conclusion that the future of common law nuisance and trespass claims in the context of climate change is, for now, unclear. Given the national and global implications of climate change, courts may find that isolated states cannot set binding precedents …

Producing Procedural Inequality Through The Empirical Turn, Danya Shocair Reda

University of Colorado Law Review

Procedural rulemaking and scholarship have taken an empirical turn in the past three decades. This empirical turn reflects a surprising consensus in what is otherwise a highly divided field and an inherently adversarial system. Because procedural rules distribute legal power in society, they invariably raise questions about who should have access to courts, information, and the means to defend one's legal rights. While debate rages about these normative commitments, procedure has developed a surprising epistemic agreement on empiricism, with its promise of rising above these competing interests with data. In procedure, the turn toward empiricism has become a strategy for …

Table Of Contents (Vol. 94, Issue 4)

University of Colorado Law Review

No abstract provided.

The Right To Vote Securely, Sunoo Park

University of Colorado Law Review

American elections currently run on outdated and vulnerable technology. Computer science researchers have shown that voting machines and other election equipment used in many jurisdictions are plagued by serious security flaws, or even shipped with basic safeguards disabled. Making matters worse, it is unclear whether current law requires election authorities or companies to fix even the most egregious vulnerabilities in their systems, and whether voters have any recourse if they do not.

This Article argues that election law can, does, and should ensure that the right to vote is a right to vote securely. First, it argues that constitutional voting …

Humans In The Loop, Rebecca Crootof, Margot E. Kaminski, W. Nicholson Price Ii

Publications

From lethal drones to cancer diagnostics, humans are increasingly working with complex and artificially intelligent algorithms to make decisions which affect human lives, raising questions about how best to regulate these "human-in-the-loop" systems. We make four contributions to the discourse.

First, contrary to the popular narrative, law is already profoundly and often problematically involved in governing human-in-the-loop systems: it regularly affects whether humans are retained in or removed from the loop. Second, we identify "the MABA-MABA trap," which occurs when policymakers attempt to address concerns about algorithmic incapacities by inserting a human into a decision-making process. Regardless of whether the …

Sex Exceptionalism In Criminal Law, Aya Gruber

Publications

Sex crimes are the worst crimes. People generally believe that sexual assault is graver than nonsexual assault, uninvited sexual compliments are worse than nonsexual insults, and sex work is different from work. Criminal codes typically create a dedicated category for sex offenses, uniting under its umbrella conduct ranging from violent attacks to consensual commercial transactions. This exceptionalist treatment of sex as categorically different rarely elicits discussion, much less debate. Sex exceptionalism, however, is neither natural nor neutral, and its political history should give us pause. This Article is the first to trace, catalog, and analyze sex exceptionalism in criminal law …

Book Review, Staci J. Pratt

Publications

No abstract provided.

“Aspirations”: The United States And Indigenous Peoples’ Human Rights, Kristen A. Carpenter

Publications

The United States has long positioned itself as a leader in global human rights. Yet, the United States lags curiously behind when it comes to the human rights of Indigenous Peoples. This recalcitrance is particularly apparent in diplomacy regarding the United Nations Declaration on the Rights of Indigenous Peoples. Adopted by the United Nations General Assembly in 2007, the Declaration affirms the rights of Indigenous Peoples to self-determination and equality, as well as religion, culture, land, health, family, and other aspects of human dignity necessary for individual life and collective survival. This instrument was advanced over several decades by Indigenous …

The War On Terror & Vigilante Federalism, Maryam Jamshidi

Publications

No abstract provided.

Reconsidering The Public Square, Helen L. Norton

Publications

No abstract provided.

The Politicization Of Criminal Prosecutions, Wadie E. Said

Publications

This Article offers a critical review of how political considerations rooted both in domestic and foreign policy-have distorted the criminal process, thereby offering a complementary analysis of what ails the criminal justice system. This analysis builds on the by-now well-known critiques of the racial and socioeconomic discrimination at the system's heart. The result is a criminal justice system that allows political considerations to dictate results far more than they should. In domestic prosecutions, criminal law is mostly used to target those who seek to question the legitimacy of state policies, state agencies (especially the police), or corporate interests, rendering the …

The Shifting Economic Allegiance Of Capital Gains, Amanda Parsons

Publications

Technological advances and the digitalization of the global economy have created an economic environment beyond the imagination of the original designers of the international tax system. Much scholarly attention has been paid to the question of how these economic transformations should affect which country is able to tax a multinational company's income. But which country should be able to tax capital gains income from the sale of that company's shares is an important and overlooked question.

This Article answers this question. It concludes that taxing authority over capital gains income must be reallocated to the countries in which companies conduct …

Catch And Release Jurisdiction, Adam B. Sopko

Publications

No abstract provided.

Inside Out (Or, One State To Rule Them All): New Challenges To The Internal Affairs Doctrine, Ann Lipton

Publications

The internal affairs doctrine provides that the law of the organizing state will apply to matters pertaining to a business entity's internal governance, regardless of whether the entity has substantive ties to that jurisdiction. The internal affairs doctrine stands apart from other choice of law rules, which usually favor the jurisdiction with the greatest relationship to the dispute and limit parties' ability to select another jurisdiction's law. The doctrine is purportedly justified by business entities' unique need for a single set of rules to apply to governance matters, and by the efficiency gains that flow from allowing investors and managers …

Heat Waves And A Public-Private Partnership In Alaska, Sarah A. Matsumoto, Karen Sandrik

Publications

No abstract provided.

Amicus (Fall 2022), University Of Colorado Law School

Amicus

Issue at a glance:

• Commemorates Colorado Law's 130th anniversary with a roundtable discussion featuring seven generations of alumni
• Highlights the latest research by Professor Margot E. Kaminski
• Celebrates the opening of the Solidarity Suite, Colorado Law's newest student lounge
• Shares stories of philanthropy
• Recognizes milestones and successes of Colorado Law alumni

The Rise Of Critical Infrastructure Protest Legislation And Its Implications For Radical Climate Activism, Nick Crockett

Colorado Environmental Law Journal

No abstract provided.

The Clean Energy Dilemma: How The Push For Clean Energy Could Threaten Indigenous Communities And An Exploration Of Potential Alternatives, Laura Berglan, Blaine Miller-Mcfeeley, Andrea Folds, Earthjustice

Colorado Environmental Law Journal

No abstract provided.

Federal Vs. State Jurisdiction Over Net Metering Rates, Patrick Witterschein

Colorado Environmental Law Journal

No abstract provided.

The (Un)Just Use Of Transition Minerals: How Efforts To Achieve A Low-Carbon Economy Continue To Violate Indigenous Rights, Kate R. Finn, Christina A.W. Stanton

Colorado Environmental Law Journal

No abstract provided.

Amicus (Spring 2022), University Of Colorado Law School

Amicus

Issue at a glance:

• Features Colorado Law alumni who are making their mark with careers in government
• Highlights the latest research by Professor Suzette Malveaux
• Shares Dean Inniss' fundraising priorities for Colorado Law
• Includes stories of philanthropy by alumni and faculty
• Recognizes milestones and successes of Colorado Law alumni

Is Title Vii An "Anti-Discrimination" Law?, Anuj C. Desai

University of Colorado Law Review Forum

No abstract provided.

Final Status Sheet, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Cumulative House Journal, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Subject Index Of House And Senate Bills Passed By The General Assembly, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Appendix C: Hunting And Gathering On The Legal Information Savannah, Susan Nevelow Mart, Adam Litzler, David Gunderman

Research Data

This document, "Twelve Problems,” is an electronic Appendix C to, and is cited in, the empirical study: Susan Nevelow Mart, Adam Litzler, and David Gunderman, Hunting and Gathering on the Legal Information Savannah, 114 Law Libr. J. 1, 13 n.37 (2022), available at https://scholar.law.colorado.edu/articles/1548/.

Senate Status Sheet, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Senate Journal, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Impact Fees, Bonding Reform, And Oil And Gas Development, Pete Morton Ph.D., Joe Kerkvliet Ph. D., Evan Hjerpe Ph.D.

Colorado Environmental Law Journal

No abstract provided.

Concerning The Authority Of A Board Of County Commissioners To File An Application For Dissolution Of A Special District With The Special District's Board Of Directors, And, In Connection Therewith, Allowing A Board Of County Commissioners To Consent To Dissolution By Court Order Without An Election Of A Special District With No Outstanding Financial Obligations Or Debt, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.