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University of Colorado Law School

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Concerning The Regulation Of Student Education Loan Services, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly Jan 2019

Concerning The Regulation Of Student Education Loan Services, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The Clarification Of Certain Administrative Matters Of The Capital Development Committee., Colorado General Assembly Jan 2019

Concerning The Clarification Of Certain Administrative Matters Of The Capital Development Committee., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Allowing Interdistrict Transportation Of Students Only By Adjacent School Districts Subject To The School Districts' Mutual Consent., Colorado General Assembly Jan 2019

Concerning Allowing Interdistrict Transportation Of Students Only By Adjacent School Districts Subject To The School Districts' Mutual Consent., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Providing Information To Public School Students Regarding Laws That Provide For The Safe Abandonment Of Newborn Children., Colorado General Assembly Jan 2019

Concerning Providing Information To Public School Students Regarding Laws That Provide For The Safe Abandonment Of Newborn Children., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning An Update To Statutory Language Authorizing The Department Of Natural Resources To Receive Donations To Be Credited To The Colorado Natural Resources Foundation Fund., Colorado General Assembly Jan 2019

Concerning An Update To Statutory Language Authorizing The Department Of Natural Resources To Receive Donations To Be Credited To The Colorado Natural Resources Foundation Fund., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Hospital Transparency Measures Required To Analyze The Efficacy Of Hospital Delivery System Reform Incentive Payments., Colorado General Assembly Jan 2019

Concerning Hospital Transparency Measures Required To Analyze The Efficacy Of Hospital Delivery System Reform Incentive Payments., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Clarification The The State Board Of Health Has No Authority Over Money Allocated To The Department Of Public Health And Environment., Colorado General Assembly Jan 2019

Concerning Clarification The The State Board Of Health Has No Authority Over Money Allocated To The Department Of Public Health And Environment., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The Ability To Share Information Between County Adult Protective Services With County Child Protective Services As Well As At-Risk Adults Obtaining Their Own Information., Colorado General Assembly Jan 2019

Concerning The Ability To Share Information Between County Adult Protective Services With County Child Protective Services As Well As At-Risk Adults Obtaining Their Own Information., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Methods To Increase Access To Treatment For Behavioral Health Disorders, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly Jan 2019

Concerning Methods To Increase Access To Treatment For Behavioral Health Disorders, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The Subsidization Of Adoption For Eligible Children In Colorado, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly Jan 2019

Concerning The Subsidization Of Adoption For Eligible Children In Colorado, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The Requirements Of Employers With Regard To The Sharing Of Gratuities., Colorado General Assembly Jan 2019

Concerning The Requirements Of Employers With Regard To The Sharing Of Gratuities., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Table Of Contents (Vol. 90, Issue 4) Jan 2019

Table Of Contents (Vol. 90, Issue 4)

University of Colorado Law Review

No abstract provided.


The Save America's Pastime Act: Special-Interest Legislation Epitomized, Nathaniel Grow Jan 2019

The Save America's Pastime Act: Special-Interest Legislation Epitomized, Nathaniel Grow

University of Colorado Law Review

Buried deep within the 2,232-page omnibus federal spending bill passed by Congress in March 2018 was an obscure, halfpage provision entitled the "Save America's Pastime Act" (SAPA). The SAPA was inserted into the spending bill at the last minute at the behest of Major League Baseball (MLB) following several years-and several million dollars' worthof lobbying efforts. MLB pursued the legislation to insulate its minor league pay practices from legal challenge after they had become the subject of a federal class action lawsuit alleging that the league's teams failed to pay minor league players in accordance with the Fair Labor Standards …


Expert Directors, Martin Edwards Jan 2019

Expert Directors, Martin Edwards

University of Colorado Law Review

The board of directors occupies the space between the managers, who control the corporation, and the shareholders, who own the residual claims on it. The board's job is to mitigate agency costs arising from this structure and its primary functions are to monitor managers and manage conflicts of interest between managers and the corporation. For this reason, research into director characteristics and board composition tends to focus heavily on the extent to which individual directors are independent from management and on how many independent directors sit on a given board. Boards, however, do more than just monitor and manage conflicts, …


From Aspirational To Prescriptive Capacity Building: Post-Conflict States, Rule Of Law, And Hybrid International Justice, Daimeon Dean Shanks Jan 2019

From Aspirational To Prescriptive Capacity Building: Post-Conflict States, Rule Of Law, And Hybrid International Justice, Daimeon Dean Shanks

University of Colorado Law Review

Mass-atrocity crimes present unique accountability challenges, challenges that are often exacerbated by the social and political conditions that facilitated the commitment of the crimes in the first place. International accountability mechanisms were developed to address these obstacles by providing a means of holding individuals accountable for international crimes when their host states were incapable of doing so or unwilling to do so. The first iteration of these tribunals, the international military tribunals, gained prominence following World War II, and a second-generation of non-military international tribunals were created in response to the mass atrocities committed in the former Yugoslavia and Rwanda. …


Redefining What It Means To "Furnish Items In Excess Of A Patient's Needs": A Federal Tool To Guide Physician Prescribing Behavior And Combat The Opioid Crisis, Carson Schneider Jan 2019

Redefining What It Means To "Furnish Items In Excess Of A Patient's Needs": A Federal Tool To Guide Physician Prescribing Behavior And Combat The Opioid Crisis, Carson Schneider

University of Colorado Law Review

The United States is in the midst of one of the deadliest drug epidemics in its history: the opioid crisis. The relevant players- prominent physicians, federal investigators, and multiple presidents, to name a few-have demonstrated a desire to combat the crisis, but they have not always focused on addressing one of the crisis's most prominent causes. This Comment starts by identifying a major cause of the opioid crisis-physician-prescribed opioid painkillers-and then advocates for federal regulation and monitoring through the Department of Health and Human Services (HHS) as a remedy.

Under the current statutory regime, HHS has the power to control …


Table Of Contents (Vol. 90, Issue 1) Jan 2019

Table Of Contents (Vol. 90, Issue 1)

University of Colorado Law Review

No abstract provided.


Determinants Of Patent Quality: Evidence From Inter Partes Review Proceedings, Brian J. Love, Shawn P. Miller, Shawn Ambwani Jan 2019

Determinants Of Patent Quality: Evidence From Inter Partes Review Proceedings, Brian J. Love, Shawn P. Miller, Shawn Ambwani

University of Colorado Law Review

We study the determinants of patent "quality"-the likelihood that an issued patent can survive a post-grant validity challenge. We do so by taking advantage of two recent developments in the United States patent system. First, rather than relying on the relatively small and highly selected set of patents scrutinized by courts, we study the larger and broader set of patents that have been subjected to inter partes review, a recently established administrative procedure for challenging the validity of issued patents. Second, in addition to analyzing characteristics observable on the face of challenged patents, we utilize datasets recently made available by …


Who Guards The Guardians? Simplifying The Discovery Of Electronic Medical Records, Joseph Deangelis Jan 2019

Who Guards The Guardians? Simplifying The Discovery Of Electronic Medical Records, Joseph Deangelis

University of Colorado Law Review

As medical errors reign as a leading cause of death and injury in the United States, the efficient and effective resolution of medical negligence disputes becomes increasingly necessary, albeit uncommon. Despite the frequency of medical errors, the quality of medical care in the United States has increased over the last several decades. This improvement has been due in no small part to the widespread adoption of Electronic Medical Records (EMRs) by healthcare providers across the country. While EMR systems have done their part to improve patient care, they are not designed for litigation. Indeed, the widespread use of EMR technology …


Table Of Contents (Vol. 90, Issue 2) Jan 2019

Table Of Contents (Vol. 90, Issue 2)

University of Colorado Law Review

No abstract provided.


Limiting The Right To Buy Silence: A Hearer-Centered Approach, Burt Neuborne Jan 2019

Limiting The Right To Buy Silence: A Hearer-Centered Approach, Burt Neuborne

University of Colorado Law Review

No abstract provided.


Listeners' Choices, James Grimmelmann Jan 2019

Listeners' Choices, James Grimmelmann

University of Colorado Law Review

Speech is a matching problem. Speakers choose listeners, and listeners choose speakers. When their choices conflict, law often decides who speaks to whom. The pattern is clear: First Amendment doctrine consistently honors listeners' choices for speech. When willing and unwilling listeners' choices conflict, willing listeners win. And when competing speakers' choices conflict, listeners'choices break the tie. This Essay provides a theoretical framework for analyzing speech problems in terms of speakers' and listeners' choices, an argument for the centrality of listener choice to any coherent theory of free speech, and supporting examples from First Amendment caselaw.


The Macguffin And The Net: Taking Internet Listeners Seriously, Derek E. Bambauer Jan 2019

The Macguffin And The Net: Taking Internet Listeners Seriously, Derek E. Bambauer

University of Colorado Law Review

To date, listeners and readers play little more than bit parts in First Amendment jurisprudence. The advent of digital networked communication over the Internet supports moving these interests to center stage in free speech doctrine and offers new empirical data to evaluate the regulation of online information. Such a shift will have important and unexpected consequences for other areas, including ones seemingly orthogonal to First Amendment concerns. This Essay explores likely shifts in areas that include intellectual property, tort, and civil procedure, all of which have been able to neglect certain free speech issues because of the lack of listener …


Commercial Speech Protection As Consumer Protection, Felix T. Wu Jan 2019

Commercial Speech Protection As Consumer Protection, Felix T. Wu

University of Colorado Law Review

No abstract provided.


Reviving The Environmental Justice Potential Of Title Vi Through Heightened Judicial Review, Rachel Calvert Jan 2019

Reviving The Environmental Justice Potential Of Title Vi Through Heightened Judicial Review, Rachel Calvert

University of Colorado Law Review

Title VI of the Civil Rights Act has unrealized potential to correct the racialized distribution of environmental hazards. The disparate impact regulations implementing this sweeping statute target the institutional discrimination that characterizes environmental injustice. Agency decisions routinely deny claims that federal funds are contributing to projects that disproportionately pollute minority communities, allegedly in violation of Title VI disparate impact regulations. These dismissals are effectively final, as trends in civil rights jurisprudence have essentially foreclosed would-be litigants' opportunities for meaningful judicial review. Their last remaining avenue for recourse is to trigger an arbitrary and capricious review of agency actions, but the …


Electricity Competition And The Public Good: Rethinking Markets And Monopolies, Jonas J. Monast Jan 2019

Electricity Competition And The Public Good: Rethinking Markets And Monopolies, Jonas J. Monast

University of Colorado Law Review

The United States electricity sector is engaged in a long-term experiment regarding the proper role of market competition. Many states that transitioned to competitive electricity markets in the early 2000s are again reconsidering the relationship between market competition and public policy goals. Low natural gas prices, falling costs of renewable energy and energy storage, and improvements in efficiency are causing early retirements of coal and nuclear power plants and thus affecting environmental policy goals and economic interests. States that continue to rely on monopoly utilities for electricity are also reconsidering the role of competition, but from a different angle. Rather …


The Quasi-Parent Conundrum, Michael J. Higdon Jan 2019

The Quasi-Parent Conundrum, Michael J. Higdon

University of Colorado Law Review

Although family law is very much concerned with legal parentage and its attendant rights, children are much more concerned with maintaining relationships with those who care for them, regardless of whether that person is a legal parent or someone functioning as one. What happens though if the child's legal parent attempts to banish the quasi-parent from the child's life? Doing so can be extremely damaging to the child. Nonetheless, parents do possess a constitutional right to make decisions about how to rear their children, including who may have access to the child.

Trying to strike a balance between protecting the …


Sponsors And Co-Sponsors Of House And Senate Bills, Resolutions And Memorials Introduced In House Of Representatives: Seventy-Second Generaly Assembly - First Regular Session, Colorado General Assembly Jan 2019

Sponsors And Co-Sponsors Of House And Senate Bills, Resolutions And Memorials Introduced In House Of Representatives: Seventy-Second Generaly Assembly - First Regular Session, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.


Sponsors And Co-Sponsors Of Senate And House Bills, Resolutions, And Memorials: Seventy-Second General Assembly - First Regular Session, Colorado General Assembly Jan 2019

Sponsors And Co-Sponsors Of Senate And House Bills, Resolutions, And Memorials: Seventy-Second General Assembly - First Regular Session, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.


History Of Senate Bills:, Colorado General Assembly Jan 2019

History Of Senate Bills:, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.