Digital Commons Network^™

A Reconsideration Of Copyright's Term, Kristelia A. García, Justin Mccrary

Publications

For well over a century, legislators, courts, lawyers, and scholars have spent significant time and energy debating the optimal duration of copyright protection. While there is general consensus that copyright’s term is of legal and economic significance, arguments both for and against a lengthy term are often impressionistic. Utilizing music industry sales data not previously available for academic analysis, this Article fills an important evidentiary gap in the literature. Using recorded music as a case study, we determine that most copyrighted music earns the majority of its lifetime revenue in the first five to ten years following its initial release …

Binary Governance: Lessons From The Gdpr’S Approach To Algorithmic Accountability, Margot E. Kaminski

Publications

Algorithms are now used to make significant decisions about individuals, from credit determinations to hiring and firing. But they are largely unregulated under U.S. law. A quickly growing literature has split on how to address algorithmic decision-making, with individual rights and accountability to nonexpert stakeholders and to the public at the crux of the debate. In this Article, I make the case for why both individual rights and public- and stakeholder-facing accountability are not just goods in and of themselves but crucial components of effective governance. Only individual rights can fully address dignitary and justificatory concerns behind calls for regulating …

Savior Of Rural Landscapes Or Solomon's Choice? Colorado's Experiment With Alternative Water Transfer Methods For Water (Atms), Lisa Dilling, John Berggren, Jennifer Henderson, Douglas Kenney

Publications

This article focuses on the emerging landscape for Alternative Transfer Methods (ATMs) in Colorado, USA. ATMs are developing within a legal landscape of water rights governed by prior appropriation law, growing demand for water in urban centers driven by population growth, and an aging rural farm population whose most valuable asset may include senior water rights. Rural-urban water transfers in the past have been linked to the collapse of rural economies if pursued to the extreme extent of “buy-and-dry,” where water rights were purchased outright and permanently removed from agricultural land (e.g. Crowley County). This article focuses on the emerging …

The Use Of Courts To Protect The Environmental Commons, Lakshman Guruswamy

Publications

No abstract provided.

Keynote: The Protection Of Lgbt Youth, Craig Konnoth

Publications

This keynote contains three parts. Part I addresses the intersection of two metaphors: medicine and childhood in LGBT Rights. Part II addresses the state regulation of LGBT youth. Part III offers Professor Konnoth's concluding remarks on the protection of LGBT youth.

No Longer A Second-Class Class Action? Finding Common Ground In The Debate Over Wage Collective Actions With Best Practices For Litigation And Adjudication, Scott A. Moss, Nantiya Ruan

Publications

Rule 23 class actions include all potential members, if granted certification. For wage claims, 29 U.S.C. § 216(b) allows not class but collective actions covering only those opting in. Courts have practiced Rule 23-style gatekeeping in collective actions – requiring certification motions, which they deny if members lack enough commonality. Our 2012 article argued against this practice. No statute or rule grants judges the § 216(b) gatekeeping power early cases assumed, and with good reason: opt-in reduces the agency problems justifying Rule 23 gatekeeping; and Congress passed § 216(b) as not a stricter, opt-in form of class action, but liberalized …

Powerful Speakers And Their Listeners, Helen Norton

Publications

In certain settings, law sometimes puts listeners first when their First Amendment interests collide with speakers’. And collide they often do. Sometimes speakers prefer to tell lies when their listeners thirst for the truth. Sometimes listeners hope that speakers will reveal their secrets, while those speakers resist disclosure. And at still other times, speakers seek to address certain listeners when those listeners long to be left alone. When speakers’ and listeners’ First Amendment interests collide, whose interests should prevail? Law sometimes – but not always – puts listeners’ interests first in settings outside of public discourse where those listeners have …

Mindfulness In Legal Ethics And Professionalism, Peter H. Huang

Publications

Mindfulness involves paying attention with curiosity in an intentional, open, and compassionate way to life as it unfolds moment to moment. Law students, lawyers, law professors, legal clients, and indeed all people can improve their lives through mindfulness. Mindfulness can lead to individual benefits and personal transformation. Mindfulness can also lead to societal benefits and social change. This invited symposium contribution exemplifies how mindfulness can facilitate the positive personal and professional development of law students by presenting excerpts of law students’ answers discussing mindfulness to questions from the final examination of the course: Legal Ethics and Professionalism. Notably, none of …

Sanctuary Networks, Pratheepan Gulasekaram, Rose Cuison Villazor

Publications

No abstract provided.

Privatized Detention & Immigration Federalism, Pratheepan Gulasekaram

Publications

No abstract provided.

Are Internet Protocols The New Human Rights Protocols: Understanding Rfc 8280: Research Into Human Rights Protocol Considerations, Vivek Krishnamurthy

Publications

No abstract provided.

Developing A Culturally Competent Legal Research Curriculum: Best Practices For Weaving Cultural Competency Topics, Including Diversity, Into Your Lectures, Assignments, And Classroom Discussions, Shamika Dalton, Clanitra Stewart Nejdl

Publications

No abstract provided.

Alumni Oral Histories: A Collaboration Between The Libraries And Development And Alumni Relations At Grinnell College, Rebecca Ciota

Publications

This article describes a collaboration between Grinnell College’s libraries and its Office of Development and Alumni Relations on an oral history project in which college alumni are interviewed about their experiences at the college. Such close collaborations between development offices and libraries are rare. This collaboration was successful due to the equal participation of all parties.

Grinnell Science Project: Motivating First Year Students To Persist In Scientific Inquiry, Kevin R. Engel, Rebecca Ciota, Elizabeth Rodrigues

Publications

No abstract provided.

Law Enforcement In The American Security State, Wadie E. Said

Publications

This Article documents the evolution of the modem American police state and the symbiotic nature of the relationship between government actors across the three sectors of national security, domestic policing, and immigration enforcement. Policies from one area make their way into the other two, with the net result being that the powers of government actors are increased in all three areas. Critical to this dynamic is the construction of the target in each arena-the terrorist, the criminal, the illegal immigrant-as foreign, whether literally or figuratively. Although these targets are ostensibly limited to those deemed outside the mainstream, the result is …

Transparency Trade-Offs Priority Setting, Scarcity, And Health Fairness, Govind Persad

Publications

This chapter argues that rather than viewing transparency as a right, we should regard it as a finite resource whose allocation involves tradeoffs. It then argues that those tradeoffs should be resolved by using a multi-principle approach to distributive justice. The relevant principles include maximizing welfare, maximizing autonomy, and giving priority to the worst off. Finally, it examines some of the implications for law of recognizing the tradeoffs presented by transparency proposals.

Examining Pharmaceutical Exceptionalism: Intellectual Property, Practical Expediency, And Global Health, Govind Persad

Publications

Advocates, activists, and academics have criticized pharmaceutical intellectual property ("pharma IP") rights as obstacles to access to medicines for the global poor. These criticisms of pharma IP holders are frequently exceptionalist: they focus on pharma IP holders while ignoring whether others also bear obligations to assist patients in need. These others include holders of other lucrative IP rights, such as music copyrights or technology patents; firms, such as energy companies and banks, that do not rely on IP; and wealthy private individuals. Their resources could be used to aid patients by providing direct medical assistance, funding prizes or biomedical research, …

Cost-Effectiveness In Animal Health, Govind Persad

Publications

This chapter evaluates the ethical issues that using cost-effectiveness considerations to set animal health priorities might present, and its conclusions are cautiously optimistic. While using cost-effectiveness calculations in animal health is not without ethical pitfalls, these calculations offer a pathway toward more rigorous priority-setting efforts that allow money spent on animal well-being to do more good. Although assessing quality of life for animals may be more challenging than in humans, implementing prioritization based on cost-effectiveness is less ethically fraught.

Opening Keynote Address At The Spectrum Hall Of Shame: The Worst (And Best) Radio Policy Decisions, Jessica Rosenworcel

Colorado Technology Law Journal

No abstract provided.

Table Of Contents, Colorado Technology Law Journal

Colorado Technology Law Journal

No abstract provided.

Crashworthy Code, Bryan H. Choi

Publications

Code crashes. Yet for decades, software failures have escaped scrutiny for tort liability. Those halcyon days are numbered: self-driving cars, delivery drones, networked medical devices, and other cyber-physical systems have rekindled interest in understanding how tort law will apply when software errors lead to loss of life or limb.

Even after all this time, however, no consensus has emerged. Many feel strongly that victims should not bear financial responsibility for decisions that are entirely automated, while others fear that cyber-physical manufacturers must be shielded from crushing legal costs if we want such companies to exist at all. Some insist the …

Privacy's Double Standards: Public Disclosure Tort Case Chart (2006-2016), Scott Skinner-Thompson

Research Data

This document, Privacy's Double Standards: Public Disclosure Tort Case Chart (2006-2016), 93 Wash. L. Rev. Online 2051 (2018), https://www.law.uw.edu/wlr/online-edition/scott-skinner-thompson, was published as an electronic supplement to the empirical study, Scott Skinner-Thompson, Privacy’s Double Standards, 93 Wash. L. Rev. 2051 (2018), available at https://scholar.law.colorado.edu/articles/1218/.

Amicus (Fall 2018), University Of Colorado Law School

Amicus

This issue focuses on the impact of books authored by Colorado Law faculty.

Faculty authors included in this issue:

• Ahmed White
• Ming H. Chen
• Aya Gruber
• Anna Spain-Bradley
• Helen Norton
• S. James Anaya
• Christopher B. Mueller
• Clyde O. Martz
• Harold Bruff
• David H. Getches
• Charles F. Wilkinson
• Kristen A. Carpenter
• J. Dennis Hynes
• Mark Loewenstein

Table Of Contents, Colorado Natural Resources, Energy And Environmental Law Review

Colorado Environmental Law Journal

No abstract provided.

The Lobo Limps On From Limbo: A History, Summary, And Outlook For Mexican Wolf Recovery In The American Southwest, Edward A. Fitzgerald

Colorado Environmental Law Journal

No abstract provided.

A Looming "Sand Trap" In Severed Mineral Estates, Kenyon Redfoot

Colorado Environmental Law Journal

No abstract provided.

Climate Progress In The Energy Sector: Room For (Cautious) Optimism?, David B. Spence

Colorado Environmental Law Journal

No abstract provided.

Atmospheric Trust Litigation: Securing A Constitutional Right To A Stable Climate System, Mary Christina Wood

Colorado Environmental Law Journal

No abstract provided.

Lessons From Cancer Alley: How The Clean Air Act Has Failed To Protect Public Health In Southern Louisiana, Courtney J. Keehan

Colorado Environmental Law Journal

No abstract provided.

Rethinking Electric Vehicle Incentives, Michael D. Miller

Colorado Environmental Law Journal

No abstract provided.