Digital Commons Network^™

The Idea Of Air, Jonathan Skinner-Thompson

Publications

How we view air, especially clean air, has meaningful normative and practical implications. Today, it is commonly recognized as an exhaustible natural resource. But air was not always thought of as something to be conserved, developed, and used. This Article is the first to explore and interrogate that view.

The shift to seeing air as a resource started in the first part of the twentieth century. Previously, air was characterized by its limitless supply of oxygen: a pure public good. Over time, the quality of that good changed, and a precious resource emerged. That resource—especially its chemical and physical characteristics—inspired …

Finite Ventures, Andrew A. Schwartz

Publications

The law endows corporations and other business organizations with the awesome power of perpetual life—unless the charter expressly provides for a certain duration, such as ten years. But does anyone ever actually choose limited life? Why would they?

This article reveals that limited-life business entities—finite ventures—play a significant and underappreciated role in modern commerce. Private equity and venture capital funds, SPACs, and insurance syndicates are all organized with a limited lifespan.

Their motivation? This article claims that limited life is a valuable, but often overlooked, tool for ameliorating agency costs: the managers of a finite venture know they must produce …

Gender Therapy False Equivalency, Scott Skinner-Thompson

Publications

One critical dispute surrounding the rights of LGBTQ people and societal recognition of their existence is the legal debate regarding very different types of gender therapy. On the one hand, several states have banned the provision of gender-affirming medical care to transgender youth, positing that it is a dangerous form of mutilation. A separate set of states has banned the practice of so-called gay or gender conversion therapy that seeks to transform youth away from their queer identities, concluding that it is a form of abuse. Both sets of laws have been challenged in courts with the Supreme Court recently …

Moody V. Netchoice And Telecom Law's First Amendment, Blake Reid

Publications

No abstract provided.

Separation Of Copyright Powers, Blake Reid

Publications

The United States Copyright Office’s multifarious roles in the U.S. copyright system have long prompted uncertainty about its position among the branches of the federal government. From its formal home in the Library of Congress, the chameleonic Office has accumulated a wide range of advisory, rulemaking, adjudicative, and administrative functions that have long prompted questions about both agencies’ exercise of dueling legislative and executive powers.

Despite its increasingly sprawling portfolio and unusual configuration, the Office has never faced a serious separation-of-powers reckoning—until now. In the span of just five days in May 2025, Donald Trump fired the Librarian of Congress …

The Internet And The Lost Law Of Transit, Vivek Krishnamurthy

Publications

For centuries, the law of transit has specified when states must permit foreign persons and goods to traverse their territory on journeys beginning and ending beyond their borders. Transit is a right — not a privilege — that tempers territorial sovereignty. Though largely forgotten today, the right to transit springs from states’ responsibilities to the international community when their territory hosts infrastructure of global utility.

Yet the internet stands as a striking exception to this tradition. Despite its importance, no doctrine of transit constrains states’ power to block or disrupt internet traffic that merely passes through their territory. This is …

Jawbreaking And Counterboning, Blake Reid

Publications

FCC Chairman Brendan Carr’s public campaign of unlawful threats against television broadcasters, culminating in the high-profile preemption and later return to air of late-night host Jimmy Kimmel, provides an important natural experiment for the law of jawboning. The Kimmel-Carr episode highlights the challenges of legal remedies against government officials over even the most flagrantly coercive, unlawful, and public jawbones. It also highlights the importance of intermediaries refusing to comply with unlawful demands—what this Essay calls jawbreaking.

Using the Kimmel-Carr episode as a case study, this Essay proposes moving beyond voluntary incentives for jawbreaking to impose a mandatory duty to jawbreak …

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 …

Advocacy Matters, Richard B. Collins

Publications

The Supreme Court’s 2022 Castro-Huerta decision was wrong on the points it discussed. It was doubly wrong for a reason it ignored. But the latter error was shared because all briefs and the dissenting opinion ignored it as well. The question presented was whether a nineteenth-century federal Indian country statute provided for exclusive federal jurisdiction over interracial crimes, or for concurrent authority with states. The Court held that the statute allowed concurrent jurisdiction. But it ignored the fact that Congress and the Court, until fairly recently, avoided concurrent federal-state jurisdiction over crimes. Had the self-styled originalist Justices taken their theory …

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

Publications

No abstract provided.

State Constitutionalism's Fragile Wall, Adam B. Sopko

Publications

The adequate and independent state grounds (AISG) doctrine has long demarcated the perimeter of the U.S. Supreme Court’s authority to review state court decisions, limiting review to questions of federal law. AISG maintains the Court’s primacy over federal law and state courts’ supremacy over state law. A comprehensive review of all filings on the Court’s docket from state courts over the last twenty years reveals that recent applications of AISG consist of subtle but significant departures from existing norms that, together, suggest a reformulation of the Court’s power over state courts that threatens their sovereign law development role. This Essay …

The Colorado River: Searching For Solutions In The Face Of Uncertainty: Conference Summary, Emilia Endara, Douglas Kenney

Books, Reports, and Studies

The Colorado River is facing unprecedented change and uncertainty. Average annual flows continue to decline, and negotiations to craft post-2026 guidelines to manage the river have repeatedly bogged down in disagreements about delivery obligations, sharing shortages, and mandatory conservation. While some clarity may emerge in the coming months, the ability to sustain many existing municipal and agricultural water users is already being compromised. Meanwhile, there is growing recognition that a durable resolution must also address the water rights of sovereign Tribal Nations and better integrate environmental values into river management. All sovereigns, stakeholders, and sectors must work together now more …

Brady's Shadow, Justin Murray

Publications

Scholars have spent sixty years documenting Brady v. Maryland’s failures—its materiality standard that licenses suppression of exculpatory evidence, its abandonment of defendants who plead guilty, its toothless enforcement. Yet these same critics celebrate Brady’s supposed grand promise, treating the decision’s incarnate presence as the betrayal of an ideal rather than recognizing the promise itself as a mirage. This Article contends that our profession’s faith in Brady—even faith expressed through demands for reform—perpetuates the very dysfunction it critiques. Brady operates not merely as failed doctrine but as a trap and a shadow: the trap springs when its mythology …

Manufactured Monstrosity: Analyzing And Challenging The Narrative Of Lgbtq+ Terrorism, Samantha Salter

Colorado Law Student Scholars

No abstract provided.

Reducing Pollution From Concentrated Animal Feeding Operations By Enforcing National Pollutant Discharge Elimination System Permit Requirements Under The Clean Water Act, Shelby White

Colorado Environmental Law Journal

No abstract provided.

Front Matter, Colorado Environmental Law Journal

Colorado Environmental Law Journal

No abstract provided.

Regulating Cultured Meat Labels In The United States, Natalie Mousa

Colorado Environmental Law Journal

No abstract provided.

From Values To Policy: Embracing Ethics Within The National Environmental Policy Act, Andrew Sandahl

Colorado Environmental Law Journal

No abstract provided.

Planning A New Paradigm: Tribal Co-Stewardship And Federal Public Lands Planning, Monte Mills, Martin Nie

Colorado Environmental Law Journal

No abstract provided.

Concerning The Creation Of Tax Incentives To Support The Film Festival Industry, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Determination Of Health Benefits Coverage For Mental Health Services, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Inclusion Of Nuclear Energy As A Source Of Clean Energy, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Enforcement Of Wage And Hour Laws, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

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

Colorado Law Student Scholars

No abstract provided.

Biodiversity Conservation And The Ever-Expanding Web Of Federal Laws Regulating Nonfederal Lands: Time For Something Completely Differenct?, J.B. Ruhl

University of Colorado Law Review

No abstract provided.

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

University of Colorado Law Review

No abstract provided.

Global Company Towns, Trang (Mae) Nguyen

University of Colorado Law Review

No abstract provided.

Between A Rock And A Hard Place: Army Judge Advocates, Zach Cohen

University of Colorado Law Review

No abstract provided.

Medicalization Of Education: Applied Behavioral Analysis In Colorado's Schools, Zachary Quaratella

University of Colorado Law Review

No abstract provided.

Foreward, Natalie Tiggleman

University of Colorado Law Review

No abstract provided.