Digital Commons Network^™

Indigenous Influence On The Rights Of Nature Movement, Vanessa Ann Racehorse

Publications

No abstract provided.

Defining Health Affordability, Govind Persad

Publications

Affordable health care, insurance, and prescription drugs are priorities for the public and for policymakers. Yet the lack of a consensus definition of health affordability is increasingly recognized as a roadblock to health reform efforts. This Article explains how and why American health law invokes health affordability and attempts, or fails, to define the concept. It then evaluates potential affordability definitions and proposes strategies for defining affordability more clearly and consistently in health law.

Part I examines the role health affordability plays in American health policy, in part by contrasting the United States’s health system with systems elsewhere. Part II …

Considering Vaccination Status, Govind Persad

Publications

"This Article examines whether policies—sometimes termed “vaccine mandates” or “vaccine requirements”— that consider vaccination status as a condition of employment, receipt of goods and services, or educational or other activity for participation are legally permitted, and whether such policies may even sometimes be legally required. It does so with particular reference to COVID-19 vaccines.

Part I explains the legality of private actors, such as employers or private universities, considering vaccination status, and concludes that such consideration is almost always legally permissible unless foreclosed by specific state legislation. Part II examines the consideration of vaccination status by state or federal policy. …

Judicial Review Bars In The Patent System, Medicare, And Beyond, Laura E. Dolbow

Publications

No abstract provided.

Glow Up Your Youtube Playlist Video Bangers, Branding & More Educational Technologies, Aamir S. Abdullah, Havilah Joy-Steinmen Bakken, Rachel Evans, Valerie Horton, Jason Tobinis

Publications

Tips for creating, growing, and maintaining your institution’s YouTube channel and presence.

Getting To Trustworthiness (But Not Necessarily To Trust), Helen L. Norton

Publications

As ethicist and political scientist Russell Hardin observed, our willingness to trust an actor generally turns on our own experience with, and thus our own perceptions of, that actor’s motives and that actor’s competence. Changes over time and technology can alter our experience with a particular actor and thus our willingness to trust or distrust that actor.

This symposium essay focuses not on how to encourage the public to trust the media, but instead on how the media’ can behave in trustworthy ways--in other words, how its choices can demonstrate its trustworthy motives and competence. Examples include refusing to amplify …

Naïve Realism, Cognitive Bias, And The Benefits And Risks Of Ai, Harry Surden

Publications

In this short piece I comment on Orly Lobel's book on artificial intelligence (AI) and society "The Equality Machine." Here, I reflect on the complex topic of aI and its impact on society, and the importance of acknowledging both its positive and negative aspects. More broadly, I discuss the various cognitive biases, such as naïve realism, epistemic bubbles, negativity bias, extremity bias, and the availability heuristic, that influence individuals' perceptions of AI, often leading to polarized viewpoints. Technology can both exacerbate and ameliorate these biases, and I commend Lobel's balanced approach to AI analysis as an example to emulate.

Although …

Toward Stronger Data Protection Laws, Margot E. Kaminski

Publications

No abstract provided.

Racism Pays: How Racial Exploitation Gets Innovation Off The Ground, Daria Roithmayr

Publications

Recent work on the history of capitalism documents the key role that racial exploitation played in the launch of the global cotton economy and the construction of the transcontinental railroad. But racial exploitation is not a thing of the past. Drawing on three case studies, this Paper argues that some of our most celebrated innovations in the digital economy have gotten off the ground by racially exploiting workers of color, paying them less than the marginal revenue product of their labor for their essential contributions. Innovators like Apple and Uber have been able to racially exploit workers of color because …

Sexuality’S Promise For Sexual Privacy, Scott Skinner-Thompson

Publications

No abstract provided.

The Private Enforcement Of National Security, Maryam Jamshidi

Publications

The private enforcement of public law is a central feature of the American administrative state. As various scholars have argued, the federal government depends upon private parties to enforce public laws through litigation in order to achieve the government’s regulatory objectives. This scholarship has, however, largely overlooked the phenomenon of private enforcement in the national security arena. This Article seeks to describe and analyze national security’s private enforcement for the first time. In doing so, it explores what national security’s private enforcement reveals about the costs of private enforcement more broadly. In particular, this Article identifies an important downside to …

Tribal Air, Jonathan Skinner-Thompson

Publications

Prevailing approaches to addressing environmental justice in Indian Country are inadequate. The dual pursuits of distributive and procedural justice do not fully account for the unique factors that make Indigenous environmental justice distinct—namely, the sovereign status of tribal nations and the ongoing impacts of colonization.

This Article synthetizes interdisciplinary approaches to theorizing Indigenous environmental justice and proposes a framework to aid environmental law scholars and advocates. Specifically, by centering Indigenous environmental justice in terms of coloniality and self-determination, this framework can better critique and improve environmental governance regimes when it comes to pollution in Indian Country.

This Article tests that …

A Bold Plan For Saving The Colorado River, Mark Squillace

Publications

No abstract provided.

What Twenty-First-Century Free Speech Law Means For Securities Regulation, Helen Norton

Publications

Securities law has long regulated securities-related speech--and until recently, it did so with little, if any, First Amendment controversy. Yet the antiregulatory turn in the Supreme Court's twenty-first-century Free Speech Clause doctrine has inspired corporate speakers' increasingly successful efforts to resist regulation in a variety of settings, settings that now include securities law. This doctrinal turn empowers courts, if they so choose, to dismantle the securities regulation framework in place since the Great Depression. At stake are not only recent governmental proposals to require companies to disclose accurate information about their vulnerabilities to climate change and other emerging risks, but …

Triples And The Grammar Of Control, James Kalwara, Erik Radio

Publications

No abstract provided.

Abortion Law As Protection Narrative, Lolita Buckner Inniss

Publications

No abstract provided.

Table Of Contents, Colorado Environmental Law Journal

Colorado Environmental Law Journal

No abstract provided.

America's Public Lands: What History Suggests About Their Future, John Leshy

Colorado Environmental Law Journal

No abstract provided.

Unleashing Carbon Removal Technologies, Sierra Apillanes, Alexa Penalosa

Colorado Environmental Law Journal

Mounting climate change concerns are driving unprecedented interest in carbon dioxide removal technologies. Unlike carbon capture strategies, which trap carbon dioxide at specific emission points such as power plant smokestacks, carbon removal technologies directly remove carbon dioxide from the ambient atmosphere. Fossil fuel industry stakeholders have championed carbon capture for years as a means of reducing carbon emissions while continuing the nation's heavy reliance on carbon-intensive energy sources. This focus on promoting carbon capture has delayed the development of policies specifically aimed at promoting carbon removal. As a result, humankind has yet to effectively leverage carbon removal technologies in the …

Federal Insecticide, Fungicide, And Rodenticide Act Preemption Of State Failure-To-Warn Laws, Theodore Motz

Colorado Environmental Law Journal

No abstract provided.

Grid Unlocked: How Colorado Senate Bill 72 Will Impact Wholesale Electricity Markets In Colorado And The West, Wilson Collins

Colorado Environmental Law Journal

No abstract provided.

Potential For Less Plastic Pollution: Colorado's Recycling System And Plastic Bag Ban, Robyn Smith

Colorado Environmental Law Journal

No abstract provided.

A Deliberative Democratic Theory Of Precedent, Glen Staszewski

University of Colorado Law Review

Stare decisis is widely regarded as a vital mechanism for promoting the rule of law. Yet high courts can always overrule prior decisions with a special justification, and different justices will inevitably have different perspectives on when such a justification exists. Moreover, when courts rely on stare decisis to follow a mistaken or unjustified decision, they arguably undermine the rule of law. Stare decisis therefore does not, and probably cannot, reliably promote a formal conception of the rule of law.

While this reality might lead us to conclude that we should give up on horizontal stare decisis, presumptive deference to …

The Visible Trial: Judicial Assessment As Adjudication, Tracey E. George, Albert H. Yoon

University of Colorado Law Review

Only a small fraction of lawsuits ends in trial—a phenomenon termed the “vanishing trial.” Critics of the declining trial rate see a remote, increasingly regressive judicial system. Defenders see a system that allows parties to resolve disputes independently. Analyzing criminal and civil filings in federal district court for the forty-year period from 1980 to 2019, we confirm a steady decline in the absolute and relative number of trials. We find, however, this emphasis on trial rate obscures courts’ vital role and ignores parties’ goals. Judges adjudicate disputes directly by ruling or effectively through other assessments of the parties’ cases. Even …

The Legal Stranger: Colorado's Two-Legal-Parent Limit Leaves Nontraditional Families Behind, Allison K. Dudley

University of Colorado Law Review

No abstract provided.

A Note From The Editors: Content Warning

University of Colorado Law Review

No abstract provided.

Foreword: Looking Back To Move Forward: Exploring The Legacy Of U.S. Slavery, Suzette Malveaux

University of Colorado Law Review

No abstract provided.

The Color(Blind) Conundrum In Colorado Property Law, Tom I. Romero Ii

University of Colorado Law Review

No abstract provided.

Roundtable: The 1921 Tulsa Race Massacre; The Quest For Accountability, Robert Turner

University of Colorado Law Review

No abstract provided.

Table Of Contents (Vol. 94, Issue 3)

University of Colorado Law Review

No abstract provided.