Digital Commons Network^™

Money Creation And Bank Clearing, Nadav Orian Peer

Publications

Like many other countries, the U.S. money supply consists primarily of deposits created by private commercial banks. How we understand bank money creation matters enormously. We are currently witnessing a debate between two competing understandings. On the one hand, a long-standing conventional view argues that bank money creation originates in individual market transactions. Based on this understanding, the conventional view narrowly limits the scope of banking regulation to market failure correction. On the other hand, authors in a new legal literature emphasize the public aspects of bank money creation, characterizing it as a “public franchise,” a “public-private partnership,” and part …

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 …

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 …

Book Review, Staci J. Pratt

Publications

No abstract provided.

Toward Stronger Data Protection Laws, Margot E. Kaminski

Publications

No abstract provided.

The Future Of Intersectionality In Employment Law, Suzette Malveaux

Publications

No abstract provided.

Reconsidering The Public Square, Helen L. Norton

Publications

No abstract provided.

Immigration Enforcement Preemption, Pratheepan Gulasekaram

Publications

The Supreme Court's 2012 decision, Arizona v. United States, turned back the most robust and brazen state regulation of immigration in recent memory, striking down several provisions of Arizona's omnibus enforcement law. Notably, the Court did not limit preemption inquiries to conflicts between the state law and congressional statutes. The Court also based its decision on the tension between the state law and Executive Branch enforcement policies. The landmark decision seemed to have settled the Court's approach to immigration enforcement federalism. Yet, a scant eight years after Arizona, in Kansas v. Garcia, the Court upheld Kansas's prosecutions of noncitizens who …

The Private Enforcement Of National Security, Maryam Jamshidi

Publications

The private enforcement of public law is a central feature of the American administrative state. As various scholars have argued, the federal government depends upon private parties to enforce public laws through litigation in order to achieve the government’s regulatory objectives. This scholarship has, however, largely overlooked the phenomenon of private enforcement in the national security arena. This Article seeks to describe and analyze national security’s private enforcement for the first time. In doing so, it explores what national security’s private enforcement reveals about the costs of private enforcement more broadly. In particular, this Article identifies an important downside to …

The Second Amendment's "People" Problem, Pratheepan Gulasekaram

Publications

The Second Amendment has a “people” problem. In 2008, District of Columbia v. Heller expanded the scope of the Second Amendment, grounding it in an individualized right of self-protection. At the same time, Heller’s rhetoric limited “the people” of the Second Amendment to “law-abiding citizens.” In 2022, New York State Rifle & Pistol Ass’n v. Bruen doubled down on the Amendment’s self-defense rationales but, once again, framed the right as one possessed by “citizens.” In between and after the two Supreme Court cases, several lower federal courts, including eight federal courts of appeals, wrestled with the question whether the right …

Redistricting’S Ultimate Antidote, Douglas M. Spencer

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 …

Accounting For Climate Impacts In Decisionmaking, Mark S. Squillace

Publications

Every significant decision made by government agencies, and many made by private organizations, impacts climate change. Ignoring those impacts is increasingly unacceptable. But how to account for a decision’s impact on the climate is far from clear. This article seeks to answer that question in the context of the greenhouse gas (GHG) emissions that will likely result from a proposed action and begins with a detailed description of the environmental impact assessment (EIA) process. EIA is crucial to understanding the likely consequences of a proposed action, including the climate-related consequences. EIA also serves as the primary vehicle for estimating GHG …

Privacy Peg, Trade Hole: Why We (Still) Shouldn’T Put Data Privacy In Trade Law, Margot E. Kaminski, Kristina Irion, Svetlana Yakovleva

Publications

No abstract provided.

A Bold Plan For Saving The Colorado River, Mark Squillace

Publications

No abstract provided.

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 …

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.