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University of Colorado Law School

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Concerning A Supplemental Appropriation To The Department Of Personnell And Administration, Colorado General Assembly Jan 2007

Concerning A Supplemental Appropriation To The Department Of Personnell And Administration, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning A Supplemental Appropriation To The Offices Of The Governor, Lieutenant Governor, And State Planning And Budgeting., Colorado General Assembly Jan 2007

Concerning A Supplemental Appropriation To The Offices Of The Governor, Lieutenant Governor, And State Planning And Budgeting., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Notification Of Mineral Estate Owners In Connection With Applications For Surface Development, And, In Connection Therewith, Specifying Requirements For Drilling Oil And Gas Wells In The Greater Wattenberg Area., Colorado General Assembly Jan 2007

Concerning Notification Of Mineral Estate Owners In Connection With Applications For Surface Development, And, In Connection Therewith, Specifying Requirements For Drilling Oil And Gas Wells In The Greater Wattenberg Area., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Aid For School Districts In Which Pupils Who Are The Dependents Of Military Personnel Enroll After October 1, And Making An Appropriation Therefor., Colorado General Assembly Jan 2007

Concerning Aid For School Districts In Which Pupils Who Are The Dependents Of Military Personnel Enroll After October 1, And Making An Appropriation Therefor., 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 07-1009, Colorado General Assembly Jan 2007

House Joint Resolution 07-1009, 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.


Senate Joint Memorial 07-005, Colorado General Assembly Jan 2007

Senate Joint Memorial 07-005, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Marriage, Colorado General Assembly Jan 2007

Marriage, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


House Memorial 07-1001, Colorado General Assembly Jan 2007

House Memorial 07-1001, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


House Concurrent Resolution 07-1002, Colorado General Assembly Jan 2007

House Concurrent Resolution 07-1002, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Remarks At The Dedication Of The Wolf Law Building At The University Of Colorado School Of Law, September 8, 2006, Hon. Stephen G. Breyer Jan 2007

Remarks At The Dedication Of The Wolf Law Building At The University Of Colorado School Of Law, September 8, 2006, Hon. Stephen G. Breyer

University of Colorado Law Review

No abstract provided.


The Emerging Importance Of Law Review Rankings For Law School Rankings, 2003-200 7, Alfred L. Brophy Jan 2007

The Emerging Importance Of Law Review Rankings For Law School Rankings, 2003-200 7, Alfred L. Brophy

University of Colorado Law Review

The release of the 2007 U.S. News rankings of law schools has set off another round of speculation on the meanings of the rankings and what, ifanything, schools can do to improve the quality of the education they provide, as well as their rankings. Drawing upon earlier evidence that there is a close connection between the citation rankings of law reviews and the ranking of their law schools, this paper looks to changes in both the U.S. News rankings and law journal rankings over the past few years. This paper tests and finds some support for a hypothesis that as …


Maccrate (In)Action: The Case For Enhancing The Upper-Level Writing Requirement In Law Schools, Kenneth D. Chestek Jan 2007

Maccrate (In)Action: The Case For Enhancing The Upper-Level Writing Requirement In Law Schools, Kenneth D. Chestek

University of Colorado Law Review

Many commentators have described, and lamented, the gap between the legal academy and the practice of law. This article takes a more hopeful approach. The American Bar Association, the accrediting body for law schools, appears to have been nudging law schools toward offering, and even requiring, more and more practical legal education to teach law students how to perform the tasks they will need in order to practice in a competent manner. The article examines the 2001 amendment to the ABA Standards for Accreditation, which required, for the first time, an "additional rigorous writing experience after the first year, " …


The Relationship Between Law School And The Bar Exam: A Look At Assessment And Student Success, Lorenzo A. Trujillo Jan 2007

The Relationship Between Law School And The Bar Exam: A Look At Assessment And Student Success, Lorenzo A. Trujillo

University of Colorado Law Review

Law schools have a moral and ethical obligation to society-and, to an even greater degree, to their students-to adequately prepare the students to succeed as professionals. Ultimate success for law students is measured by the ability to competently practice in the legal profession, which requires passing the bar exam. A recent downward trend in national bar passage rates highlights the need for law schools to address the factors negatively affecting bar passage rates. Based on research conducted at the University of Colorado School of Law, this article discusses methods to reform new attorney licensure and also highlights strategies to improve …


In Restraint Of Trade: The Judicial Law Clerk Hiring Plan, Mark W. Pletcher, Ludovic C. Ghesquiere Jan 2007

In Restraint Of Trade: The Judicial Law Clerk Hiring Plan, Mark W. Pletcher, Ludovic C. Ghesquiere

University of Colorado Law Review

In an effort to bring order to what has historically been a chaotic process, federal judges and law schools implemented the Judicial Law Clerk Hiring Plan in 2002, prohibiting all students except those in their third year of law school from applying for federal clerkships. However, there is a serious problem with the Law Clerk Hiring Plan: it is an unreasonable restraint of trade. In this article, we explore the history of the Law Clerk Hiring Plan and analyze whether it would survive traditional antitrust scrutiny. We conclude that the Plan is an unreasonable restraint of trade. Further, based upon …


The Effect Of Risk On Legal Valuation, Robert J. Rhee Jan 2007

The Effect Of Risk On Legal Valuation, Robert J. Rhee

University of Colorado Law Review

From a financial economic perspective, the governing condition of a meritorious civil action is the uncertainty of outcome. Expectation and outcome deviate, and the spread is the measure of uncertainty (or variance). During litigation each party has an option to settle or select trial. The decision standard can be seen as an option strike price and a finding of liability as an "in-the-money" call option. This apparent optionality suggests the application of an option pricing model to legal valuation, and a small but growing body of scholarship endorses this concept. However, option theory is not the only concept. Under an …


Dura Duress: The Supreme Court Mandates A More Rigorous Pleading And Proof Requirement For Loss Causation Under Rule Lob-5 Class Actions, Jared Neas Jan 2007

Dura Duress: The Supreme Court Mandates A More Rigorous Pleading And Proof Requirement For Loss Causation Under Rule Lob-5 Class Actions, Jared Neas

University of Colorado Law Review

The Supreme Court's holding in Dura Pharmaceuticals, Inc. v. Broudo imposes a heightened pleading requirement for private plaintiffins misrepresentation or omission securities class actions under Rule lOb-5. The Court verified that a plaintiff must adequately plead loss causation in its complaint and rejected the Ninth Circuit's interpretation of the loss causation standard. The Supreme Court held that the plaintif's pleadings in Dura did not meet the loss causation requirement of the Private Securities Litigation Reform Act ("PSLRA'). The Court also rejected the Ninth Circuit's requirement that the alleged misconduct merely "touch upon " the economic loss. Instead, the Supreme Court …


Table Of Contents (Vol. 78, Issue 2) Jan 2007

Table Of Contents (Vol. 78, Issue 2)

University of Colorado Law Review

No abstract provided.


After Gonzales V. Raich: Is The Endangered Species Act Constitutional Under The Commerce Clause, Bradford C. Mank Jan 2007

After Gonzales V. Raich: Is The Endangered Species Act Constitutional Under The Commerce Clause, Bradford C. Mank

University of Colorado Law Review

In both its 1995 decision United States v. Lopez and in its 2000 decision United States v. Morrison, the Supreme Court had adopted a narrow economic interpretation of congressional authority to regulate intrastate activities under the Commerce Clause. In four separate cases, three circuit courts (the District of Columbia, Fourth, and Fifth Circuits) struggled with deciding whether Congress may still protect endangered and threatened species that have little commercial value under the Commerce Clause after Lopez and Morrison. In each case, the court concluded that Congress did have the authority to protect endangered species under the Commerce Clause, including small …


What Is Natural Resources Law?, Robert L. Fischman Jan 2007

What Is Natural Resources Law?, Robert L. Fischman

University of Colorado Law Review

No abstract provided.


Table Of Contents (Vol. 78, Issue 3) Jan 2007

Table Of Contents (Vol. 78, Issue 3)

University of Colorado Law Review

No abstract provided.


Discovering Discovery: Non-Party Access To Pretrial Information In The Federal Courts, 1938-2006, Seymour Moskowitz Jan 2007

Discovering Discovery: Non-Party Access To Pretrial Information In The Federal Courts, 1938-2006, Seymour Moskowitz

University of Colorado Law Review

In the modern era, the pretrial process is critical to the disposition of almost all litigation. The vast majority of cases never go to trial. Those which are contested at trial and upon appeal are often decided upon the results of the information gather before trial. This is true in both private litigation and in public interest cases where "private attorneys general" may only function effectively with courtenforced discovery. Despite the significance of the Article III courts to our society, transparency in their processes for resolving civil disputes has been severely compromised. Threats to openness emanate from multiple sources. This …


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 …


Local Decisions, National Impact: Why The Public School Textbook Selection Process Should Be Viewpoint Neutral, Rebecca Tanglen Jan 2007

Local Decisions, National Impact: Why The Public School Textbook Selection Process Should Be Viewpoint Neutral, Rebecca Tanglen

University of Colorado Law Review

In its decision in Hazelwood School District v. Kuhlmeier, the Supreme Court determined that in the public school context, government restriction on speech must be related to "legitimate pedagogical concerns." However, the question remains open whether that standard requires such restrictions to be viewpoint neutral; the circuit courts are split on this question. This Comment explores the issue in the context of the public school textbook selection process, concluding that the process should be viewpoint neutral. As an initial matter, it argues that the selection of textbooks for use in the public schools should be analyzed under the public forum …


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.


The Voice Of The Crowd-Colorado's Initiative, Richard B. Collins Jan 2007

The Voice Of The Crowd-Colorado's Initiative, Richard B. Collins

University of Colorado Law Review

No abstract provided.


Ennobling Direct Democracy, Sherman J. Clark Jan 2007

Ennobling Direct Democracy, Sherman J. Clark

University of Colorado Law Review

In this essay, Professor Clark argues that we should be attentive to the effect that direct democracy might have on our public character. Building upon earlier work, Clark suggests that the initiative in particular threatens to debase us by undercutting a crucial character trait which might best be called "responsibility-taking." The bulk of this essay is devoted to explaining what this means, and why it matters. Why should we care about the effect of political processes on public character? Why is this particular trait important and worth preserving? How is it threatened by direct democracy? In conclusion, and by way …


Representation And The Spatial Bias Of Direct Democracy, Daniel A. Smith Jan 2007

Representation And The Spatial Bias Of Direct Democracy, Daniel A. Smith

University of Colorado Law Review

Daniel Smith analyzes whether direct democracy favors urban and suburban voters' interests at the expense of rural voters' interests. After reviewing existing academic literature on the (sub)urban rural divide in direct democracy contests, the author performs an empirical analysis of county-level voting data on numerous recent Colorado ballot initiatives. The author concludes that there is a significant regional bias concerning popular votes on ballot initiatives, and that rural communities of interest will likely continue to be tyrannized by (sub)urban majorities in statewide ballot contests


When Good Voters Make Bad Policies: Assessing And Improving The Deliberative Quality Of Initiative Elections, John Gastil, Justin Reedy, Chris Wells Jan 2007

When Good Voters Make Bad Policies: Assessing And Improving The Deliberative Quality Of Initiative Elections, John Gastil, Justin Reedy, Chris Wells

University of Colorado Law Review

A majority of United States citizens reside in states that allow voters to directly decide questions of public policy through an initiative or referendum process. Although originally instituted as a check on elitist legislatures, the initiative process has generated its own set of electoral problems. Voters may find themselves under informed or confused about complex public policy issues, while interest groups attempt to manipulate the public with misinformation campaigns. In an examination of research findings from a 2006 statewide poll of likely voters in Washington, this article explores public perceptions, misperceptions and choices in initiative and referendum elections. The authors …