Digital Commons Network^™

Concerning Evidentiary Rules When A Defendant Interferes With A Witness., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning A Higher Education Funding Allocation Model., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Repeal Of The Transfer Of Unexpended Money For Reimbursing Counties For Exemptions From Property Taxes., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Legislative Interim Committee Activities, And, In Connection Therewith, Suspending Legislative Interim Activities During The 2020 Interim, Changing The Minimum Number Of Meetings That The Early Childhood And School Readiness Legislative Commission Must Hold To Be The Maximum Number Of Meetings Annually That The Commission May Hold, And Reducing An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Measures To Address The Affordability Of Health Insurance For Coloradans Purchasing Coverage On The Individual Market, And, In Connection Therewith, Establishing An Enterprise To Administer A Health Insurance Affordability Fee Assessed On Certain Health Insurers And A Special Assessment On Hospitals To Fund Measures To Reduce Consumer Costs For Individual Health Coverage Plans., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Repeal Of The Requirement That Service Providers Report On The Use Of Money To Increase The Reimbursement Rate To Direct Support Professionals., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Continuation Of The State Board Of Nursing, And, In Connection Therewith, Implementing The Recommendations Contained In The 2019 Sunset Report By The Department Of Regulatory Agencies., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Increased Public Protections From Emissions Of Air Toxics., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Modification Of Transportation Funding Mechanisms, And, In Connection Therewith, Delaying From The November 2020 General Election Until The November 2021 Statewide Election The Requirement That A Ballot Issue Seeking Approval For The Issuance Of Transportation Revenue Anticipation Notes Be Submitted To The Voters Of The State, Amending The Ballot Issue To Reduce The Amount Of Notes Authorized To Be Issued, Eliminating Specified Scheduled General Fund Transfers To The State Highway Fund, Reducing The Amount Of General Fund Money Dedicated To Make Lease-Purchase Agreement Payments Due During State Fiscal Years 2020–21 And 2021–22, Repealing Department Of Transportation Rule-Making And Reporting Requirements Relating To Motor Vehicles Used For Certain Types Of Commercial Purposes, And Making And Reducing Appropriations., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Authority Of An Elected County Officer To Elect To Receive A Lower Salary Than The Amount Provided For By Law., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Bills Enacted In The Second Regular Session Of The Seventy-Second General Assembly That Include An Act Subject To Petition Clause., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning A Modification Of The Definition Of “State Agency” For Purposes Of The Statewide Internet Portal Authority To Ensure That The Authority Is Authorized To Serve All State Government Agencies., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Uber's Efficiencies: A Modest Proposal For Limiting Use Of Antitrust's Per Se Rule, Kathleen Guilfoyle

University of Colorado Law Review

In antitrust law, the per se rule against horizontal price-fixing seems set in stone. Over time, however, antitrust enforcers and courts have declined to use this rule and instead have used the rule of reason. This change stems directly from the recognition that the per se rule's blunt application may end up harming consumers in some contexts. Using Uber as an example of a consumer-friendly, efficiencyenhancing business model, this Comment argues that using the per se rule to analyze horizontal arrangements like Uber's sacrifices consumer welfare. Instead, courts should use the rule of reason and engage in cost-benefit analysis where …

Reevaluating Environmental Citizen Suits In Theory And Practice, David E. Adelman, Robert L. Glicksman

University of Colorado Law Review

Citizen suits are frequently cited as an essential legal innovation by virtue of their capacity to provide a backstop to lax or ideologically antagonistic administrations. Drawing on data from fifteen years of litigation under two prominent environmental statutes, we find little evidence that citizen suits effectively serve this role in practice. Instead, we find that limited resources and institutional barriers strictly limit the number of citizen suits filed annually against the federal government under two of the most litigated environmental statutes, the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA). While our findings do not negate the …

Streamlining Or Steamrolling: Oil And Gas Leasing Reform On Federal Public Lands In The Trump Administration, Marcilynn A. Burke

University of Colorado Law Review

No abstract provided.

Bulldozing Infrastructure Planning And The Environment Through Trump's Executive Order 13807, Alejandro E. Camacho

University of Colorado Law Review

No abstract provided.

Contingent Delisting, Justin R. Pidot

University of Colorado Law Review

No abstract provided.

Ecosystem Services And Federal Public Lands: A Quiet Revolution In Natural Resources Management, J.B. Ruhl, James Salzman

University of Colorado Law Review

The major federal public land management agencies (the Forest Service, Bureau of Land Management, Park Service, Fish & Wildlife Service, and Department of Defense) have increasingly adopted a language that did not exist twentyfive years ago-the language of ecosystem services. Ecosystem services are the range of benefits that ecological resources provide to humans, from water purification and pollination to carbon sequestration and wildlife habitat. The scientific discipline advancing the ecosystem services framework arose in the mid-1990s and quickly became a central strategy for fusing ecology and economics research. Despite its ascendance in research communities, the recognition and conservation of ecosystem …

Decolonization: Treaties, Resource Use, And Environmental Conservation, Gerald Torres

University of Colorado Law Review

No abstract provided.

A Conversation With Associate Justice Elena Kagan, Justice Elena Kagan

University of Colorado Law Review

No abstract provided.

Toward Establishing A Pre-Extinction Definition Of "Nationwide Injunctions, Portia Pedro

University of Colorado Law Review

No abstract provided.

Preserving The Nationwide National Government Injunction To Stop Illegal Executive Branch Activity, Doug Rendleman

University of Colorado Law Review

No abstract provided.

National Injunctions: What Does The Future Hold?, Suzette Malveaux

University of Colorado Law Review

No abstract provided.

Seeing Beyond Courts: The Political Context Of The Nationwide Injunction, Charlton C. Copeland

University of Colorado Law Review

No abstract provided.

When Congress Requires Nationwide Injunctions, David Hausman

University of Colorado Law Review

A curious provision of the Immigration and Nationality Act (INA) precludes class actions challenging expedited removal, the system of fast-track deportations for individuals who have recently entered the country. The same provision authorizes nationwide relief in non-class actions, but it requires that plaintiffs in such non-class systemic challenges file their claims in the federal District Court for the District of Columbia and that they do so within sixty days of the challenged change to the system. This framework should matter to scholars of nationwide injunctions for two reasons. First, Congress took for granted in 1996 that federal district courts may …

Concepts, Not Nomenclature: Universal Injunctions, Declaratory Judgments, Opinions, And Precedent, Howard M. Wasserman

University of Colorado Law Review

No abstract provided.

Table Of Contents (Vol.91, Issue 4)

University of Colorado Law Review

No abstract provided.

Two Legal Mothers: Cementing Parental Rights For Lesbian Parents In Colorado, Maia Labrie

University of Colorado Law Review

Two married couples decide to have a child via artificial reproduction. One parent in each couple will carry and give birth to the child. The other parent has no biological relationship with the child.

One is an opposite-sex couple. Because they are married, they know that the father will automatically be considered the legal father. But the other couple is a lesbian couple. Leading up to the birth, the lesbian couple seeks out a lawyer and expresses concern regarding the nonbiological parent's legal status. Because both are women, they know their relationship to their child will be constantly questioned. How …

Dustbowl Waters: Doctrinal And Legislative Solutions To Save The Ogallala Aquifer Before Both Time And Water Run Out, Warigia M. Bowman

University of Colorado Law Review

Eighty-three years after the Dust Bowl, residents of America's High Plains face a dire threat: their primary aquifer faces depletion, and entire sections of the country are set to run out of groundwater by the end of the century or sooner.

The Ogallala Aquifer provides a significant amount of America's agricultural irrigation water and is a primary source of drinking water for Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming.

This Article argues that policymakers should slow the Aquifer's depletion rate by implementing changes to irrigation technology, crop choice, consumer behavior, legal doctrine, and legislation. This Article …

Short History Of The Choice-Of-Law Clause, John F. Coyle

University of Colorado Law Review

In the field of conflict of laws, private actors are generally granted the power to choose the law to govern their contracts. This is the doctrine of party autonomy. In recent years, this doctrine has been the subject of several excellent histories that draw upon judicial opinions, scholarly writings, and legislative enactments to chronicle changing attitudes toward party autonomy over time. A moment's reflection, however, reveals that judges, scholars, and legislatures are not the most important actors in this story. The true protagonists are the contracting parties who write choice-of-law clauses into their agreements, without which there would be no …