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Advocacy Matters, Richard B. Collins Jan 2026

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 …


Open Source Ai, Open Liability Ai, Bryan H. Choi Jan 2026

Open Source Ai, Open Liability Ai, Bryan H. Choi

Publications

The release of open-source AI foundation models has been advertised as “good for the world.” But free public access comes with significant risks of harm. The tacit assumption has been that the “open source” label carries with it automatic immunity from legal liability. Accordingly, critics and skeptics of open-source AI have focused their attacks primarily on whether open-source AI properly qualifies as “open source.”

But the rule of liability for open-source AI should not depend on openness. This Essay explains that the notion of open-source exceptionalism draws upon a discredited theory of charitable immunity. Conventional tort law principles do not …


Adversarial Certification Of Evidentiary Software, Nicholas G. Vincent, Bryan H. Choi, Eli Siems, Clay Halbert, Katherine J. Strandburg Jan 2026

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 Jan 2026

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 …


Coached By A Custom Chatgpt And Ready For Trial, Staci J. Pratt Jan 2026

Coached By A Custom Chatgpt And Ready For Trial, Staci J. Pratt

Publications

No abstract provided.


Manufactured Monstrosity: Analyzing And Challenging The Narrative Of Lgbtq+ Terrorism, Samantha Salter Oct 2025

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

Colorado Law Student Scholars

No abstract provided.


David Getches: A Jurist At The Service Of The Indigenous Cause, Armando Guevara Gil Feb 2025

David Getches: A Jurist At The Service Of The Indigenous Cause, Armando Guevara Gil

Colorado Environmental Law Journal

No abstract provided.


End Game: Designing Smarter Wind And Solar Decommissioning Requirements, Kyra Toering, Natalie Heun Feb 2025

End Game: Designing Smarter Wind And Solar Decommissioning Requirements, Kyra Toering, Natalie Heun

Colorado Environmental Law Journal

No abstract provided.


Emerging Contaminants Reveal Flaws In The Safe Drinking Water Act, Julia Abolafia Feb 2025

Emerging Contaminants Reveal Flaws In The Safe Drinking Water Act, Julia Abolafia

Colorado Environmental Law Journal

No abstract provided.


Front Matter, Colorado Environmental Law Journal Feb 2025

Front Matter, Colorado Environmental Law Journal

Colorado Environmental Law Journal

No abstract provided.


Editor's Note, Colorado Environmental Law Journal Feb 2025

Editor's Note, Colorado Environmental Law Journal

Colorado Environmental Law Journal

No abstract provided.


Water Rights In Outer Space: Prior Appropriation And The Final Frontier, Kevin M. Morrow Feb 2025

Water Rights In Outer Space: Prior Appropriation And The Final Frontier, Kevin M. Morrow

Colorado Environmental Law Journal

No abstract provided.


Regulating Cultured Meat Labels In The United States, Natalie Mousa Feb 2025

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 Feb 2025

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

Colorado Environmental Law Journal

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 Feb 2025

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.


Planning A New Paradigm: Tribal Co-Stewardship And Federal Public Lands Planning, Monte Mills, Martin Nie Jan 2025

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

Colorado Environmental Law Journal

No abstract provided.


Amicus (Fall 2025), University Of Colorado Law School Jan 2025

Amicus (Fall 2025), University Of Colorado Law School

Amicus

No abstract provided.


Concerning A Medicaid Waiver Program For Children With Complex Health Needs., Colorado General Assembly Jan 2025

Concerning A Medicaid Waiver Program For Children With Complex Health Needs., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The Creation Of Tax Incentives To Support The Film Festival Industry, Colorado General Assembly Jan 2025

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 Jan 2025

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 Jan 2025

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 Jan 2025

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.


The Failures Of Sro Law In Colorado, Connor Liska Jan 2025

The Failures Of Sro Law In Colorado, Connor Liska

Colorado Law Student Scholars

No abstract provided.


Federal Policing After The Church Committee: A Critical Retrospective, Robert Draper Jan 2025

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

Colorado Law Student Scholars

No abstract provided.


Unsafe In Any Sport: The Constitutional And Structural Failure Of The U.S. Center For Safesport, Matthew Rounis Jan 2025

Unsafe In Any Sport: The Constitutional And Structural Failure Of The U.S. Center For Safesport, Matthew Rounis

Colorado Law Student Scholars

No abstract provided.


Who's The Man? The Role Of Masculinity In Female Queer Relationships, Madeline Dwyer Jan 2025

Who's The Man? The Role Of Masculinity In Female Queer Relationships, Madeline Dwyer

Colorado Law Student Scholars

No abstract provided.


Manufacturing False Convictions: Lies And The Corrupt Use Of Jailhouse Informants, Russell D. Covey Jan 2025

Manufacturing False Convictions: Lies And The Corrupt Use Of Jailhouse Informants, Russell D. Covey

University of Colorado Law Review

No abstract provided.


Policing After Slavery: Race, Crime, And Resistance In Atlanta, Jonathon J. Booth Jan 2025

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

University of Colorado Law Review

No abstract provided.


Between A Rock And A Hard Place: Army Judge Advocates, Zach Cohen Jan 2025

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

University of Colorado Law Review

No abstract provided.


Global Company Towns, Trang (Mae) Nguyen Jan 2025

Global Company Towns, Trang (Mae) Nguyen

University of Colorado Law Review

No abstract provided.