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Blind Justice: Algorithms And Neutrality In The Case Of Redistricting, Douglas M. Spencer, Moon Duchin Jan 2022

Blind Justice: Algorithms And Neutrality In The Case Of Redistricting, Douglas M. Spencer, Moon Duchin

Publications

In several areas of law and public policy, there have been longstanding dreams that computers can secure decisionmaking that takes only some things into account, while remaining demonstrably neutral to other factors. In 2022, the U.S. Supreme Court will consider mandating race-neutrality in multiple domains, notably in college admissions and redistricting. In this piece, we clarify the real and imagined uses of computers in redistricting, considering their application for optimization approaches and, more recently, for representative sampling. The current pitch to the Court for a race-blind Voting Rights Act is discussed at length.


Reforming Age Cutoffs, Govind Persad Jan 2022

Reforming Age Cutoffs, Govind Persad

Publications

This Article examines the use of minimum age cutoffs to define eligibility for social insurance, public benefits, and other governmental programs. These cutoffs are frequently used but rarely examined in detail. In Part I, I examine and catalogue policies that employ minimum age cutoffs. These include not only Medicare and Social Security but also other policies such as access to pensions and retirement benefits, eligibility for favorable tax treatment, and eligibility for discounts on governmentally provided goods and services. In Part II, I examine different rationales underlying eligibility and discuss the imperfect fit between these rationales and the use of …


Fair Access To Scarce Medical Capacity For Non-Covid-19 Patients: A Role For Reserves, Govind Persad, Parag A. Pathak, Tayfun Sönmez, M. Utku Unver Jan 2022

Fair Access To Scarce Medical Capacity For Non-Covid-19 Patients: A Role For Reserves, Govind Persad, Parag A. Pathak, Tayfun Sönmez, M. Utku Unver

Publications

As hospitals in the US and elsewhere fill again with patients with covid-19, discussions about how to fairly allocate scarce medical resources have come to the fore once again. One frequently voiced concern is that non-covid-19 patients with urgent health needs are facing indefinitely postponed surgeries, long-distance hospital transfers, or even are unable to access medical treatment. In our view, a reserve or categorised priority system could help. It could be used to fairly distribute scarce medical capacity—such as staffing, physical space, and medical treatments—between covid-19 and non-covid-19 patients, just as it has been used or proposed to allocate covid-19 …


Equal Protection And Scarce Therapies: The Role Of Race, Sex, And Other Protected Classifications, Govind Persad Jan 2022

Equal Protection And Scarce Therapies: The Role Of Race, Sex, And Other Protected Classifications, Govind Persad

Publications

The COVID-19 pandemic brought debates over the use of age in scarce resource allocation to the fore once again. Initially, particularly in developed countries, debates surrounded the use of older age as an exclusion or lower-priority criterion for receipt of scarce medical interventions such as ICU beds and ventilator therapy. Many advocacy groups for older adults argued that age should not be used as a criterion for access to such interventions.[1] In developed countries and in particular the United States, they were largely successful, at least with respect to formal policy, ensuring that resource allocation policies excluded or minimized the …


Amicus (Fall 2021), University Of Colorado Law School Oct 2021

Amicus (Fall 2021), University Of Colorado Law School

Amicus

Issue at a glance:

  • Introduces the 17th dean of Colorado Law, Lolita Buckner Inniss
  • Welcomes the Class of 2024 and new faculty member Doug Spencer
  • Highlights the latest research by Associate Professor Kristelia García
  • Features interviews with alumnae of color, as interviewed by members of the Women of Color Collective
  • Recognizes attendees and sponsors of the 40th annual Alumni Awards Celebration
  • Recognizes milestones and successes of Colorado Law alumni


Reducing Emissions Through Renewable Energy: Eu And U.S. Energy Policy Frameworks In The Age Of Natural Gas, Peter Mather Jun 2021

Reducing Emissions Through Renewable Energy: Eu And U.S. Energy Policy Frameworks In The Age Of Natural Gas, Peter Mather

Colorado Environmental Law Journal

No abstract provided.


Reimagining What Is Necessary: Using Active Management In Wilderness Areas To Mitigate High-Loss Wildfires, Liam Patton Jun 2021

Reimagining What Is Necessary: Using Active Management In Wilderness Areas To Mitigate High-Loss Wildfires, Liam Patton

Colorado Environmental Law Journal

No abstract provided.


Table Of Contents, Colorado Environmental Law Journal Jun 2021

Table Of Contents, Colorado Environmental Law Journal

Colorado Environmental Law Journal

No abstract provided.


Priority Disputes Between Holders Of Old Order Mineral Rights And Holders Of Prospecting Rights Or Mining Rights Under The Mprda In South Africa: Aquila Has Landed (Continued), Pieter J. Badenhorst Jun 2021

Priority Disputes Between Holders Of Old Order Mineral Rights And Holders Of Prospecting Rights Or Mining Rights Under The Mprda In South Africa: Aquila Has Landed (Continued), Pieter J. Badenhorst

Colorado Environmental Law Journal

No abstract provided.


Citizen Suits For Mobile Sources: Enforcement Against Incidents Of Emissions Cheating, Paige Lambert Jun 2021

Citizen Suits For Mobile Sources: Enforcement Against Incidents Of Emissions Cheating, Paige Lambert

Colorado Environmental Law Journal

No abstract provided.


The Blm's Duty To Incorporate Climate Science Into Permitting Practices And A Proposal For Implementing A Net-Zero Requirement Into Oil And Gas Permitting, Jamie Gibbs Pleune, John C. Ruple, Nada Wolff Culver Jun 2021

The Blm's Duty To Incorporate Climate Science Into Permitting Practices And A Proposal For Implementing A Net-Zero Requirement Into Oil And Gas Permitting, Jamie Gibbs Pleune, John C. Ruple, Nada Wolff Culver

Colorado Environmental Law Journal

No abstract provided.


Monuments In Name Only: The Delay Between Designation And Protection Of National Monuments, Cody Phillips Jun 2021

Monuments In Name Only: The Delay Between Designation And Protection Of National Monuments, Cody Phillips

Colorado Environmental Law Journal

No abstract provided.


Table Of Contents, Colorado Technology Law Journal May 2021

Table Of Contents, Colorado Technology Law Journal

Colorado Technology Law Journal

No abstract provided.


Editor's Note, Colorado Technology Law Journal May 2021

Editor's Note, Colorado Technology Law Journal

Colorado Technology Law Journal

No abstract provided.


The Digitization Of The Carceral State: The Troubling Narrative Around Police Usage Of Facial Recognition Technology, Sara E. Yates May 2021

The Digitization Of The Carceral State: The Troubling Narrative Around Police Usage Of Facial Recognition Technology, Sara E. Yates

Colorado Technology Law Journal

No abstract provided.


Regulating The Social Puppeteers: § 230 & Marginalized Speech, Kylie Thompson May 2021

Regulating The Social Puppeteers: § 230 & Marginalized Speech, Kylie Thompson

Colorado Technology Law Journal

No abstract provided.


Personal Information And Artificial Intelligence: Website Scraping And The California Consumer Privacy Act, Brian Stuenkel May 2021

Personal Information And Artificial Intelligence: Website Scraping And The California Consumer Privacy Act, Brian Stuenkel

Colorado Technology Law Journal

No abstract provided.


Airline Commercial Use Of Eu Personal Data In The Context Of The Gdpr, British Airways And Schrems Ii, W. Gregory Voss May 2021

Airline Commercial Use Of Eu Personal Data In The Context Of The Gdpr, British Airways And Schrems Ii, W. Gregory Voss

Colorado Technology Law Journal

No abstract provided.


A Textualist Interpretation Of The Visual Artists Rights Act Of 1990, Brian L. Frye May 2021

A Textualist Interpretation Of The Visual Artists Rights Act Of 1990, Brian L. Frye

Colorado Technology Law Journal

No abstract provided.


You Can't Be Serious: Problems Of Facticity And 'Plausible Nonliteral Assertions' In U.S. Defamation Law, Emily Erickson, Matthew D. Bunker May 2021

You Can't Be Serious: Problems Of Facticity And 'Plausible Nonliteral Assertions' In U.S. Defamation Law, Emily Erickson, Matthew D. Bunker

Colorado Technology Law Journal

No abstract provided.


Bucklew V. Precythe And The Resurgence Of The Method Of Execution Challenge, Hannah York May 2021

Bucklew V. Precythe And The Resurgence Of The Method Of Execution Challenge, Hannah York

University of Colorado Law Review Forum

No abstract provided.


Organizing A Business Law Department Within A Law School, William J. Carney May 2021

Organizing A Business Law Department Within A Law School, William J. Carney

University of Colorado Law Review Forum

No abstract provided.


Access To Justice For Immigrants: A Lecture Presented In Memory Of Breana Boss, Ingrid Eagly May 2021

Access To Justice For Immigrants: A Lecture Presented In Memory Of Breana Boss, Ingrid Eagly

University of Colorado Law Review Forum

No abstract provided.


Hacking Antitrust: Competition Policy And The Computer Fraud And Abuse Act, Charles Duan May 2021

Hacking Antitrust: Competition Policy And The Computer Fraud And Abuse Act, Charles Duan

Colorado Technology Law Journal

No abstract provided.


Amicus (Spring 2021), University Of Colorado Law School Apr 2021

Amicus (Spring 2021), University Of Colorado Law School

Amicus

Issue at a glance:

  • Features the work of students and faculty in Colorado Law's clinics and the Appellate Advocacy Practicum in assisting those affected by the coronavirus pandemic and nationwide injustice
  • Includes reflections from Dean Anaya on his tenure as dean as he prepares to continue as a member of the faculty this July
  • Highlights the early life of U.S. Supreme Court Justice and Colorado Law alumnus Wiley Rutledge (Class of 1922) and the formative years he spent in Boulder
  • Recognizes milestones and successes of Colorado Law alumni, including this year's Alumni Award recipients


Unclear And Unestablished: Exploring The Supreme Court/Tenth Circuit Disconnect In Qualified Immunity Jurisprudence, Josiah Cohen Apr 2021

Unclear And Unestablished: Exploring The Supreme Court/Tenth Circuit Disconnect In Qualified Immunity Jurisprudence, Josiah Cohen

University of Colorado Law Review Forum

No abstract provided.


Volume 92 (2021), University Of Colorado Law Review Jan 2021

Volume 92 (2021), University Of Colorado Law Review

University of Colorado Law Review Masthead Archive

No abstract provided.


Political Accountability And Judicial Review In The Context Of Climate Change Regulation, Leah Vasarhelyi Jan 2021

Political Accountability And Judicial Review In The Context Of Climate Change Regulation, Leah Vasarhelyi

Colorado Environmental Law Journal

No abstract provided.


Bridging The Coasean Divide: A Shared Economic Lexicon For Antitrust And Worker Protection Law, Conor J. May Jan 2021

Bridging The Coasean Divide: A Shared Economic Lexicon For Antitrust And Worker Protection Law, Conor J. May

Colorado Technology Law Journal

No abstract provided.


Senate Journal: Seventy-Third General Assembly First Regular Session, Colorado General Assembly Jan 2021

Senate Journal: Seventy-Third General Assembly First Regular Session, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.