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University of Colorado Law School

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Concerning The Creation Of An Identical Refund Payment Of Excess State Revenuesfrom All Sources As A Mechanism To Refund A Portion Of The Excess State Revenuesfor The State Fiscal Year Only, Colorado General Assembly Jan 2023

Concerning The Creation Of An Identical Refund Payment Of Excess State Revenuesfrom All Sources As A Mechanism To Refund A Portion Of The Excess State Revenuesfor The State Fiscal Year Only, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning A Reduction In 2023 Residential Property Taxes And In Connection, Colorado General Assembly Jan 2023

Concerning A Reduction In 2023 Residential Property Taxes And In Connection, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Creating A Program To Provide Food Benefits To Students From Low Income Households During Summer Months And, Colorado General Assembly Jan 2023

Concerning Creating A Program To Provide Food Benefits To Students From Low Income Households During Summer Months And, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The Creation Of The Emergency Rental Assistance Grant Program Withinthe Department Of Local Affairs For The Purpose Of Providing Emergency Rentalassistance During The State Fiscal Year, Colorado General Assembly Jan 2023

Concerning The Creation Of The Emergency Rental Assistance Grant Program Withinthe Department Of Local Affairs For The Purpose Of Providing Emergency Rentalassistance During The State Fiscal Year, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The Creation Of The Commission On Property Tax And In Connectiontherewith, Colorado General Assembly Jan 2023

Concerning The Creation Of The Commission On Property Tax And In Connectiontherewith, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Cumulative Senate Journal, Colorado General Assembly Jan 2023

Cumulative Senate Journal, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.


Cumulative Senate Journal, Colorado General Assembly Jan 2023

Cumulative Senate Journal, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.


Concerning An Appropriation To The Department Of The Treasury To Support Theadministration Of The Property Tax Deferral Program During The Statefiscal Year, Colorado General Assembly Jan 2023

Concerning An Appropriation To The Department Of The Treasury To Support Theadministration Of The Property Tax Deferral Program During The Statefiscal Year, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Table Of Contents (Vol. 94, Issue 1) Jan 2023

Table Of Contents (Vol. 94, Issue 1)

University of Colorado Law Review

No abstract provided.


Minding Accidents, Teneille R. Brown Jan 2023

Minding Accidents, Teneille R. Brown

University of Colorado Law Review

Tort doctrine states that breach is all about conduct. Unlike in the criminal law context, where jurors must engage in amateur mindreading to evaluate mens rea, jurors are told that they can assess civil negligence by looking only at the defendant’s external behavior. But this is false. Here I explain why, by incorporating the psychology of foresight. Foreseeability is at the heart of negligence—appearing as the primary test for duty, breach, and proximate cause. And yet, it has been called a “vexing morass” and a “malleable standard” because it is so poorly understood. This Article refines and advances the construct …


Keeping It Real: Property Analogies For Graffiti Infringement, Shelby Pickar-Dennis Jan 2023

Keeping It Real: Property Analogies For Graffiti Infringement, Shelby Pickar-Dennis

University of Colorado Law Review

No abstract provided.


Oppression In American, Islamic, And Jewish Private Law, Rabea Benhalim Jan 2023

Oppression In American, Islamic, And Jewish Private Law, Rabea Benhalim

University of Colorado Law Review

American, Islamic, and Jewish law all limit the enforcement of private law agreements incases of oppression and exploitation. But each system uses a different justification. The common thread among the three legal systems is the opposition from jurists to enforce contracts with a fundamental aspect of oppression. The reasoning for preventing oppression within the law is distinct to each legal system. The American legal system roots the justification in preserving free will and ensuring actual consent to contract. Islamic l provides justifications based on the divine vision for an equitable and just society articulated in the Quran. Jewish law argues …


Foreword: Expanding The Boundaries Of Knowledge About Slavery And Its Legacy, Lolita Buckner Inniss Jan 2023

Foreword: Expanding The Boundaries Of Knowledge About Slavery And Its Legacy, Lolita Buckner Inniss

University of Colorado Law Review

No abstract provided.


Higher Education Redress Statutes: A Preliminary Analysis Of States’ Reparations In Higher Education, Christopher L. Mathis Jan 2023

Higher Education Redress Statutes: A Preliminary Analysis Of States’ Reparations In Higher Education, Christopher L. Mathis

University of Colorado Law Review

No abstract provided.


Loving Reparations, Eric J. Miller Jan 2023

Loving Reparations, Eric J. Miller

University of Colorado Law Review

No abstract provided.


Table Of Contents (Vol. 94, Issue 2) Jan 2023

Table Of Contents (Vol. 94, Issue 2)

University of Colorado Law Review

No abstract provided.


Slave Law, Race Law, Gabriel J. Chin Jan 2023

Slave Law, Race Law, Gabriel J. Chin

University of Colorado Law Review

No abstract provided.


Social Construction Of Race Undergirds Racism By Providing Undue Advantages To White People, Disadvantaging Black People And Other People Of Color, And Violating The Human Rights Of All People Of Color, Adjoa A. Aiyetoro Jan 2023

Social Construction Of Race Undergirds Racism By Providing Undue Advantages To White People, Disadvantaging Black People And Other People Of Color, And Violating The Human Rights Of All People Of Color, Adjoa A. Aiyetoro

University of Colorado Law Review

No abstract provided.


Shades Of Justice: Racial Profiling Then And Now, F. Michael Higginbotham Jan 2023

Shades Of Justice: Racial Profiling Then And Now, F. Michael Higginbotham

University of Colorado Law Review

No abstract provided.


Zeroing In On Net-Zero: From Soft Law To Hard Law In Corporate Climate Change Pledges, Daniel C. Esty, Nathan De Arriba-Sellier Jan 2023

Zeroing In On Net-Zero: From Soft Law To Hard Law In Corporate Climate Change Pledges, Daniel C. Esty, Nathan De Arriba-Sellier

University of Colorado Law Review

One hundred and ninety-seven nations endorsed a target of net-zero greenhouse gas (GHG) emissions by midcentury in the 2021 Glasgow Climate Pact. As countries around the world have begun to develop their plans for deep decarbonization, it has become evident that the private sector will need to deliver much of what is required for the transition to an environmentally sustainable economy. The commitment to net-zero emissions by the year 2050 has therefore cascaded to the corporate world, leading hundreds of major companies to make their own net-zero GHG pledges. What constitutes a meaningful net-zero corporate pledge, however, remains unclear—and what …


Boulder Is For People: Zoning Reform And The Fight For Affordable Housing, Emma Sargent Jan 2023

Boulder Is For People: Zoning Reform And The Fight For Affordable Housing, Emma Sargent

University of Colorado Law Review

The city of Boulder and the Colorado state legislature are both examining potential housing policies to address the growing housing affordability crisis, which reflect similar discussions in other cities and states. Zoning reform must be a central aspect of these housing policy reforms because of its impact on affordability, environmental sustainability, racial desegregation, and the economic stability of cities and states. However, passing zoning reform measures is complicated by local political opposition and the potential for unintended consequences. The best approach to pass zoning reform while ensuring that cities and states truly address housing affordability is to craft zoning reform …


The Dark Sun Network, Frédéric Gilles Sourgens Jan 2023

The Dark Sun Network, Frédéric Gilles Sourgens

University of Colorado Law Review

Climate scientists agree that climate change will soon require the deployment of a highly dangerous geoengineering approach known as “solar radiation management.” Solar radiation management uses chemical or physical barriers to solar energy entering the atmosphere and thereby forces global temperatures downwards almost immediately by creating “artificial shade.” Problematically, the unilateral deployment of domestic solar radiation management approaches can have different and potentially devastating effects around the world, even if they help the country deploying the approach to limit the worst climate change consequences at home. So far, there is no global governance framework that can guide the development and …


Environmental Evidence, Seema Kakade Jan 2023

Environmental Evidence, Seema Kakade

University of Colorado Law Review

The voices of impacted people are some of the most important when trying to make improvements to social justice in a variety of contexts, including criminal policing, housing, and health care. After all, the people with on-the-ground experience know what is likely to truly effectuate change in their community, and what is not. Yet, such lived experience is also often significantly lacking and undermined in law and policy. People with lived experience tend to be seen as both community experts with valuable knowledge, as well as nonexperts with little valuable knowledge. This Article explores the lived experience with pollution as …


Trademark's Grip Over Sustainability, Daniel R. Cahoy Jan 2023

Trademark's Grip Over Sustainability, Daniel R. Cahoy

University of Colorado Law Review

Entrepreneurs and larger firms are waking up to the fact that there is a viable market for recycled, repaired, and even upcycled goods. There is also an increasing desire on the consumer end for more sustainable products as well as measures to reduce landfill and other product disposal harms to the environment. Although some legal barriers to this new market are being actively debated, other barriers have taken a back seat and seem primed to surge only when increased business activity exposes the liability. This is the case with trademark law, which has the potential to substantially deter the small-firm …


Self-Intervention, Lumen N. Mulligan Jan 2023

Self-Intervention, Lumen N. Mulligan

University of Colorado Law Review

You cannot intervene in your own case, duh! Yet the U.S. Supreme Court disagreed, holding that Federal Rule of Civil Procedure 24(a)(2) allows state legislative leaders, seeking to represent the state's sovereign interest, to intervene when the attorney general is already representing the state's sovereign interest. In this Article, I contend that the text, history, and practice of Rule 24(a)(2) prohibit such "self-intervention." I then explore how the fictive approach to state immunity established in Ex parte Young causes this confusion, while concluding that the doctrine, properly understood, focuses on real, not nominal, parties in interest. I further conclude that …


How To (Not) Do Things With Judicial Opinions: Minding The Performative Power Of Facts And Dicta, Mb Beasley Jan 2023

How To (Not) Do Things With Judicial Opinions: Minding The Performative Power Of Facts And Dicta, Mb Beasley

University of Colorado Law Review

"Three generations of imbeciles are enough."l These words of Justice Oliver Wendell Holmes are some of the most infamous and evocative penned from behind the bench of the Supreme Court of the United States. Beyond the feelings of revulsion reading the opinion causes, the facts that Justice Holmes declared to be true and the dicta he used to bolster the Court's holding in Buck v. Bell helped to create the social world we live in today and continue to affect it. Though previous scholarship has recognized the importance of acknowledging the performative power of words in the legal field, little …


Separation Of Church And Law: The Ministerial Exception In Demkovich V. St. Andrew The Apostle Parish, Jonathan Murray Jan 2023

Separation Of Church And Law: The Ministerial Exception In Demkovich V. St. Andrew The Apostle Parish, Jonathan Murray

University of Colorado Law Review

Religious freedom is increasingly invoked to defeat liability for behavior that has long been regulated under accepted, neutral law, an argument to which many courts and judges appear receptive. One such area of law seeing this activity is the ministerial exception-a judicial principle recognized under the First Amendment. The ministerial exception guarantees religious organizations' discretion in how they select their "ministers,"or religious employees dedicated to the organization's religious mission. However, current law lacks clarity regarding the application of the exception to an organization's treatment of its ministers. Recently, the Seventh Circuit, sitting en banc, chose to categorically expand the application …


Immigration Enforcement Preemption, Pratheepan Gulasekaram Jan 2023

Immigration Enforcement Preemption, Pratheepan Gulasekaram

Publications

The Supreme Court's 2012 decision, Arizona v. United States, turned back the most robust and brazen state regulation of immigration in recent memory, striking down several provisions of Arizona's omnibus enforcement law. Notably, the Court did not limit preemption inquiries to conflicts between the state law and congressional statutes. The Court also based its decision on the tension between the state law and Executive Branch enforcement policies. The landmark decision seemed to have settled the Court's approach to immigration enforcement federalism. Yet, a scant eight years after Arizona, in Kansas v. Garcia, the Court upheld Kansas's prosecutions of noncitizens who …


The Second Amendment's "People" Problem, Pratheepan Gulasekaram Jan 2023

The Second Amendment's "People" Problem, Pratheepan Gulasekaram

Publications

The Second Amendment has a “people” problem. In 2008, District of Columbia v. Heller expanded the scope of the Second Amendment, grounding it in an individualized right of self-protection. At the same time, Heller’s rhetoric limited “the people” of the Second Amendment to “law-abiding citizens.” In 2022, New York State Rifle & Pistol Ass’n v. Bruen doubled down on the Amendment’s self-defense rationales but, once again, framed the right as one possessed by “citizens.” In between and after the two Supreme Court cases, several lower federal courts, including eight federal courts of appeals, wrestled with the question whether the right …


Redistricting’S Ultimate Antidote, Douglas M. Spencer Jan 2023

Redistricting’S Ultimate Antidote, Douglas M. Spencer

Publications

No abstract provided.