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Compact Compliance As A Beneficial Use: Increasing The Viability Of An Interstate Water Bank Program In The Colorado River Basin, Emily Halvorsen

University of Colorado Law Review

There is a looming problem facing the Colorado River Basin: an increasing likelihood of a compact call on the Upper Basin due to projected climate change and population growth stresses on the Colorado River. To address this problem, water resource managers and natural resource management organizations throughout the Upper Basin have proposed a leading approach of an interstate water bank program. There are three main shortfalls to this though, which do not make the program a viable approach in addressing the problem: (1) legal uncertainty regarding individual water rights; (2) concerns regarding speculation; and (3) lack of incentives for state …

Animal Property Rights, Karen Bradshaw

University of Colorado Law Review

The animal rights movement largely focuses on protecting species whose suffering is most visible to humans, such as pets, livestock, and captive mammals. Yet, we do not observe how unsustainable land development and fishing practices are harming many species of wildlife and sea creatures. Fish and wildlife populations have recently suffered staggering losses, and they stand to lose far more. This Article proposes a new legal approach to protect these currently overlooked creatures. I suggest extending property rights to animals, which would allow them to own land, water, and natural resources. Human trustees would manage animal-owned trusts managed at the …

Identity Harm, Sarah Dadush

University of Colorado Law Review

In September 2015, the world learned that Volkswagen had rigged millions of its "clean diesel" vehicles with illegal software designed to cheat emissions tests. Contrary to what had been advertised, the vehicles are anything but clean. When affected owners learned that their cars were toxic, what were they most upset about? Was it that their cars were now worth fewer dollars? Or that they had been deceived into being hyperpolluting drivers, when they thought they were being green? Coverage of the emissions scandal strongly suggests that affected car owners experienced both kinds of disappointment, economic and noneconomic, and in heavy …

Holding The Harmful Harmless: Lessons From Gold King Mine, Timbre Shriver

University of Colorado Law Review

The disaster at Love Canal focused the nation's attention on hazardous waste sites left behind by years of corporate recklessness and mismanagement. To fill the regulatory gap and prevent future incidents like Love Canal, Congress passed the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The statute not only empowers the EPA to retroactively hold parties responsible for the mismanagement of hazardous waste, but it also provides a funding mechanism-Superfund-to ensure that the most dangerous sites are cleaned up even when responsible parties cannot be found or, more likely, are insolvent. However, an often-overlooked provision in the CERCLA framework grants …

Semantic Hygiene For The Law Of Regulatory Takings, Due Process, And Unconstitutional Conditions -- Making Use Of A Muddy Supreme Court Exactions Case, Zygmunt J.B. Plater, Michael O'Loughlin

University of Colorado Law Review

An unfortunate amount of semantic confusion currently burdens the constitutional process of balancing private property rights and governmental public welfare protections. The Fifth Amendment contains both a general requirement of "due process," and a corollary protection against unconstitutional "taking" of property. These are two separate protections, not just one. More than a century after the Takings Clause was drafted, an enigmatic decision, Pennsylvania Coal, expanded the clause to say that government regulations could cause such a diminution of private property value that they could unconstitutionally take that property, even with no physical appropriation (which is how the Framers had understood …

Table Of Contents (Vol. 89, Issue 3)

University of Colorado Law Review

No abstract provided.

Amicus (Fall 2017), University Of Colorado Law School

Amicus

Issue at a glance:

• Welcomes the Class of 2020 and four new faculty members to Colorado Law
• Spotlights alumni who live and work internationally and students who have taken advantage of opportunities to connect globally
• Highlights Dean Anaya's vision and strategic priorities for Colorado Law
• Introduces the inaugural recipients of Colorado Law's Leaders in Law and Community (LILAC) fellowship program, which addresses diversity in legal education
• Features examples of students taking their legal education on the road, including to the Standing Rock Sioux reservation in North Dakota, along the Colorado River, and throughout Geneva, Morocco, and Paris
• Celebrates personal and …

Getches-Wilkinson Center Newsletter, Fall 2017, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.

Memorandum, Masterpiece Cakeshop, Ltd. V. Colo. Civil Rights Comm., __ U.S. __ (2017): Legislative History Of Sb08-200, Matt Simonsen

Research Data

This legal Memorandum on the legislative history of a 2008 amendment to the Colorado Anti-Discrimination Act (CADA) was researched and written by Matt Simonsen, J.D. Candidate 2019, University of Colorado Law School, and submitted to law professors Craig Konnoth and Melissa Hart. The Memorandum is cited in Brief of Amici Curiae Colorado Organizations and Individuals in Support of Respondents, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, __U.S.__ (2018) (No. 16-111).

4 p.

"The legislative history primarily identifies two issues that SB08-200 was designed to resolve: (1) the need for dignity and access to justice for LGBT people and …

Master File, Masterpiece Cakeshop, Ltd. V. Colo. Civil Rights Comm., __ U.S. __ (2017): Legislative History Of Sb08-200, Matt Simonsen

Research Data

This Master File of the legislative history of a 2008 amendment to the Colorado Anti-Discrimination Act (CADA) was researched and compiled by Matt Simonsen, J.D. Candidate 2019, University of Colorado Law School, and submitted to law professors Craig Konnoth and Melissa Hart. The SB08-200 Master File is cited in Brief of Amici Curiae Colorado Organizations and Individuals in Support of Respondents, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, __U.S.__ (2018) (No. 16-111).

449 p.

Not All Land Exchanges Are Created Equal: A Case Study Of The Oak Flat Land Exchange, Katharine E. Lovett

Colorado Environmental Law Journal

No abstract provided.

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

Colorado Environmental Law Journal

No abstract provided.

Peace Like A River: Institutionalizing Cooperation Over Water Resources In The Jordan River Basin, Philip A. Williams

Colorado Environmental Law Journal

No abstract provided.

Collateral Damage: The Gun Debate Moves Into America's National Parks, Clare E.M. Mack

Colorado Environmental Law Journal

No abstract provided.

Data For The Algorithm As A Human Artifact: Implications For Legal [Re]Search, Susan Nevelow Mart

Research Data

These documents underlie and are cited in this empirical study: Susan Nevelow Mart, The Algorithm as a Human Artifact: Implications for Legal [Re]Search, 109 Law Libr. J. 387, 409 n.123 (2017), available at http://scholar.law.colorado.edu/articles/755/.

The ZIP file contains three files: one PDF document ("Tables for Charts 1-3"), and two SPSS files ("Data Archive" and "Syntax Archive" (SPSS version 24)). The "Syntax Archive" file may be viewed in a text editor (e.g., Notepad) as well as in SPSS.

Appendix B: The Algorithm As A Human Artifact: Implications For Legal [Re]Search, Susan Nevelow Mart

Research Data

This document, "Search Instructions for Algorithm Study," is an electronic Appendix B to, and is cited in, the empirical study: Susan Nevelow Mart, The Algorithm as a Human Artifact: Implications for Legal [Re]Search, 109 Law Libr. J. 387, 400 n.78 (2017), available at http://scholar.law.colorado.edu/articles/755/.

Text Of Solicitor Opinions And A Presidential Letter Regarding National Monuments And The Antiquities Act Of 1906, Mark Squillace

Research Data

These five full-text documents are cited in Mark Squillace, The Monumental Legacy of the Antiquities Act of 1906, 37 Ga. L. Rev. 473 (2003), available at http://scholar.law.colorado.edu/articles/508; and/or Mark Squillace, Eric Biber, Nicholas S. Bryner & Sean B. Hecht, Presidents Lack the Authority to Abolish or Diminish National Monuments, 103 Va. L. Rev. Online 55 (2017), http://www.virginialawreview.org/sites/virginialawreview.org/files/Hecht%20PDF.pdf:

• U.S. Department of the Interior, Office of the Solicitor, Opinion of Apr. 20, 1915 (cited in Opinion of January 30, 1935, M-27657).

• U.S. Department of the Interior, Office of the Solicitor, Opinion of June 3, 1924, M-12501, M-12529 (cited …

What Remains Of The Exclusionary Rule?, Will Hauptman

University of Colorado Law Review Forum

No abstract provided.

Amicus (Spring 2017), University Of Colorado Law School

Amicus

Issue at a glance:

• Celebrates milestones in Colorado Law's 125-year history
• Highlights the 15th anniversary of the student-led Colorado Technology Law Journal
• Recognizes the achievements of faculty, staff, and students, including Dean Anaya's appointment to a United Nations committee to advise on enhancing representation of indigenous peoples
• Features the winners of the 2016 Reunion Class Challenge
• Celebrates personal and professional successes of Colorado Law alumni

Bob Nagel And The Emptiness Of The Supreme Court Standards Of Review, Larry Alexander

University of Colorado Law Review Forum

In this piece, written to honor Robert Nagel on his retirement, I focus on the arguments he made in a student note on the Supreme Court's rational basis standard of review.

Volume 88 (2017), University Of Colorado Law Review

University of Colorado Law Review Masthead Archive

No abstract provided.

Journal Of The House Of Representatives State Of Colorado: Seventy-First General Assembly First Extraordinary Session At Denver, The State Capitol, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Concerning Bias-Motivated Harassment., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Transfer Of A Vehicle Title Upon The Death Of The Vehicle's Owner., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Scheduled Repeal Of Reports By The Department Of Natural Resources To The General Assembly., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Cocnernign The Continuation Of The Regulation Of Landscape Architects By The Division Of Professions And Occupations In The Department Of Regulatory Agencies., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning An Exemption From Otherwise Applicable Requirements For Financing From The Colorado New Energy Improvement District If A Residential Property Owner Is Not Seeking To Subordinate The Priority Of Existing Mortgages., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Unlocking The Value Of Spectrum Using Optimization Tools, Brett Tarnutzer, Claudia Centazzo, Robert Leese, Jakob Blaavand

Colorado Technology Law Journal

No abstract provided.

Concerning The Creation Of The Technology Advancement And Emergency Fund In The Office Of Information Technology, And, In Connection Therewith, Making An Appropriation., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Continuation Under The Sunset Law Of The Bingo-Raffle Advisory Board, And, In Connection Therewith, Implementing The Recommendations Of The 2016 Sunset Report Of The Department Of Regulatory Agencies., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.