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The Citizen Assembly: An Alternative To The Initiative, Kevin O'Leary Jan 2007

The Citizen Assembly: An Alternative To The Initiative, Kevin O'Leary

University of Colorado Law Review

The Citizen Assembly is a superior alternative to direct mass democracy and the initiative. Building on the ideas of James Madison and Thomas Jefferson, it is possible to combine the traditional town hall and the Internet to fashion a new understanding of representative government that bridges the enormous gap that now exists between the political elite and the average voter. The assembly reform would increase opportunities for meaningful and intelligent participation by average citizens and improve public decisions. This article explains how a national network of citizen assemblies would work.


The Climate Of Environmental Justice: Taking Stock- Forward, Maxine A. Burkett Jan 2007

The Climate Of Environmental Justice: Taking Stock- Forward, Maxine A. Burkett

University of Colorado Law Review

No abstract provided.


The Incompatibility Principle, Harold H. Bruff Jan 2007

The Incompatibility Principle, Harold H. Bruff

Publications

No abstract provided.


E-Mail To Rebecca, Dale D. Goble Jan 2007

E-Mail To Rebecca, Dale D. Goble

University of Colorado Law Review

H.L.A. Hart is probably the most important legal theorist in the modern English-speaking world. The intriguing subtitle of Nicola Lacey's intimate biography, "The Nightmare and the Noble Dream, " echoes the name of Hart's 1997 Georgia Law Review paper, in which he identifies two warring, equally inadequate, visions of law in American jurisprudence: the "nightmare" of complete indeterminacy and unbridled judicial discretion and the "noble dream " of a closed, deterministic legal system of judicial restraint. Lacey implies that Hart's life itself was both a nightmare and a noble dream. This book review expands on Lacey's work and suggests how …


Table Of Contents, Colorado Journal Of International Environmental Law And Policy Jan 2007

Table Of Contents, Colorado Journal Of International Environmental Law And Policy

Colorado Environmental Law Journal

No abstract provided.


The Aarhus Convention And Innovations In Compliance With Multilateral Environmental Agreements, Svitlana Kravchenko Jan 2007

The Aarhus Convention And Innovations In Compliance With Multilateral Environmental Agreements, Svitlana Kravchenko

Colorado Environmental Law Journal

No abstract provided.


The Cartagena Protocol On Biosafety: Precautionary Priority In Biotech Crop Approvals And Containment Of Commodities Shipments, Thomas P. Redick Jan 2007

The Cartagena Protocol On Biosafety: Precautionary Priority In Biotech Crop Approvals And Containment Of Commodities Shipments, Thomas P. Redick

Colorado Environmental Law Journal

No abstract provided.


Nepal's Community Forestry Program: Another Example Of The Tragedy Of The Commons Or A Realistic Means Of Balancing Indigenous Needs With Forestry Conservation?, Kirsten Westerland Jan 2007

Nepal's Community Forestry Program: Another Example Of The Tragedy Of The Commons Or A Realistic Means Of Balancing Indigenous Needs With Forestry Conservation?, Kirsten Westerland

Colorado Environmental Law Journal

No abstract provided.


Table Of Contents, Colorado Journal Of International Environmental Law And Policy Jan 2007

Table Of Contents, Colorado Journal Of International Environmental Law And Policy

Colorado Environmental Law Journal

No abstract provided.


One Minute To Midnight-Grasp And The Kinshasa Declaration Implement Critical Measures To Save The Great Apes, Rachel L. Polikoff Jan 2007

One Minute To Midnight-Grasp And The Kinshasa Declaration Implement Critical Measures To Save The Great Apes, Rachel L. Polikoff

Colorado Environmental Law Journal

No abstract provided.


Laws Against Bubbles: An Experimental-Asset-Market Approach To Analyzing Financial Regulation, Erik F. Gerding Jan 2007

Laws Against Bubbles: An Experimental-Asset-Market Approach To Analyzing Financial Regulation, Erik F. Gerding

Publications

This article analyzes the effectiveness of proposed and actual securities, financial, and tax laws designed to prevent, or dampen the severity of asset price bubbles, including laws designed to mitigate excessive speculation. The article employs experimental asset market research to measure the effectiveness of these anti-bubble laws in correcting mispricings. Experimental asset markets represent complex simulations of stock markets in which subjects trade securities over a computer network. These markets allow scholars to test causal links between legal policies and market effects in ways that empirical research alone cannot. With these virtual markets, researchers can identify asset price bubbles - …


Essentially A Mother, Jennifer S. Hendricks Jan 2007

Essentially A Mother, Jennifer S. Hendricks

Publications

This article connects the constitutional jurisprudence of the family to debates over reproductive technology and surrogacy. Despite the outpouring of literature on reproductive technologies, courts and scholars have paid little attention to the constitutional foundation of parental rights. Focusing on the structural/political function of parental rights, this article argues that a gestational mother has a constitutional claim to be recognized as a legal parent.

The article first discusses the "unwed father cases." Despite believing that natural sex differences justified distinctions in parental rights, the Supreme Court crafted a test giving men parental rights if they established relationships with their biological …


Keeping An Eye On The Golden Snitch: Implications Of The Interdisciplinary Approach In The Fourth Generation Of Natural Resources Law Casebooks, Sarah Krakoff Jan 2007

Keeping An Eye On The Golden Snitch: Implications Of The Interdisciplinary Approach In The Fourth Generation Of Natural Resources Law Casebooks, Sarah Krakoff

Publications

No abstract provided.


Aliens With Guns: Equal Protection, Federal Power, And The Second Amendment, Pratheepan Gulasekaram Jan 2007

Aliens With Guns: Equal Protection, Federal Power, And The Second Amendment, Pratheepan Gulasekaram

Publications

The nexus between guns and alienage presents a window through which to assess the competing constitutional values embodied in the Equal Protection Clause, the federal foreign-affairs power, and the Second Amendment. This Article analyzes the application of equal-protection norms and the federal foreign-affairs power on federal and state statutes that restrict the ability of non-citizens to bear arms. Professor Gulasekaram argues that courts should evaluate alienage restrictions at both the state and federal level under a unified analytic framework that would attempt to reconcile both personhood norms, such as equality, and gate-keeping norms vindicated by reliance on federal-power doctrines. As …


Communicating During Emergencies: Toward Interoperability And Effective Information Management, Philip J. Weiser Jan 2007

Communicating During Emergencies: Toward Interoperability And Effective Information Management, Philip J. Weiser

Publications

The suboptimal state of communications technology used by public safety agencies has emerged as a high profile political issue. In most cases, public safety agencies are able only to communicate using antiquated networks, engineered solely for providing voice communications and unable to interoperate beyond a select number of users. This type of system fails to provide the type of economies of scale, network flexibility, or the broader functionalities routinely used by the military and private sector enterprises. The challenge facing policymakers is thus how to develop a next generation architecture for public safety and spur adoption of a new set …


Back To The Future: Is Form-Based Code An Efficacious Tool For Shaping Modern Civic Life?, Lolita Buckner Inniss Jan 2007

Back To The Future: Is Form-Based Code An Efficacious Tool For Shaping Modern Civic Life?, Lolita Buckner Inniss

Publications

This Essay serves as a critique of the New Urbanism in general and of form-based code in particular as a tool of the New Urbanism. It may be true that form-based code offers more flexibility than traditional zoning schemes and thus may offer some respite from acknowledged ills such as social and racial divisions created by exclusionary zoning and other tools, and from the relative inutility of single or limited use districts. However, I will argue that these benefits are eclipsed by some of the problems of form-based code. Form-based code is frequently hailed as a back to the future …


Table Of Contents, Journal On Telecommunications & High Technology Law Jan 2007

Table Of Contents, Journal On Telecommunications & High Technology Law

Colorado Technology Law Journal

No abstract provided.


Towards An Economic Framework For Network Neutrality Regulation, Barbara Van Schewick Jan 2007

Towards An Economic Framework For Network Neutrality Regulation, Barbara Van Schewick

Colorado Technology Law Journal

No abstract provided.


Some Peer-To-Peer, Democratically, And Voluntarily-Produced Thoughts, Ann Bartow Jan 2007

Some Peer-To-Peer, Democratically, And Voluntarily-Produced Thoughts, Ann Bartow

Colorado Technology Law Journal

No abstract provided.


Internet Think, Susan P. Crawford Jan 2007

Internet Think, Susan P. Crawford

Colorado Technology Law Journal

No abstract provided.


Re-Evaluating Fcc Policies Concerning The Lifeline & Link-Up Programs, Lynne Holt, Mark Jamison Jan 2007

Re-Evaluating Fcc Policies Concerning The Lifeline & Link-Up Programs, Lynne Holt, Mark Jamison

Colorado Technology Law Journal

No abstract provided.


Ford, Carter, And Deregulation In The 1970s, Andrew Downer Crain Jan 2007

Ford, Carter, And Deregulation In The 1970s, Andrew Downer Crain

Colorado Technology Law Journal

No abstract provided.


Surveillance's Slippery Slope—Using Encryption To Recapture Privacy Rights, Daniel J. Sherwinter Jan 2007

Surveillance's Slippery Slope—Using Encryption To Recapture Privacy Rights, Daniel J. Sherwinter

Colorado Technology Law Journal

No abstract provided.


The Analog Hole And The Price Of Music: An Empirical Study, Douglas C. Sicker, Paul Ohm, Shannon Gunaji Jan 2007

The Analog Hole And The Price Of Music: An Empirical Study, Douglas C. Sicker, Paul Ohm, Shannon Gunaji

Colorado Technology Law Journal

No abstract provided.


Table Of Contents, Journal On Telecommunications & High Technology Law Jan 2007

Table Of Contents, Journal On Telecommunications & High Technology Law

Colorado Technology Law Journal

No abstract provided.


Embracing The Dna Fingerprint Act, Patrick Haines Jan 2007

Embracing The Dna Fingerprint Act, Patrick Haines

Colorado Technology Law Journal

No abstract provided.


The Need For Software Innovation Policy, Christopher Riley Jan 2007

The Need For Software Innovation Policy, Christopher Riley

Colorado Technology Law Journal

No abstract provided.


Race.Net Neutrality, Jerry Kang Jan 2007

Race.Net Neutrality, Jerry Kang

Colorado Technology Law Journal

No abstract provided.


Should Copyright Owners Have To Give Notice Of Their Use Of Technical Protection Measures?, Pamela Samuelson, Jason Schultz Jan 2007

Should Copyright Owners Have To Give Notice Of Their Use Of Technical Protection Measures?, Pamela Samuelson, Jason Schultz

Colorado Technology Law Journal

No abstract provided.


Rationalizing Internet Safe Harbors, Mark A. Lemley Jan 2007

Rationalizing Internet Safe Harbors, Mark A. Lemley

Colorado Technology Law Journal

No abstract provided.