Digital Commons Network^™

A Context For Legal History, Or, This Is Not Your Father’S Contextualism, Justin Deystone

Publications

This short essay attempts a systematic rehearsal of the structuralist approach to legal historiography.

A Right To Be Regulated, Michael Pappas

Publications

No abstract provided.

Sharing Property, Kellen Zale

University of Colorado Law Review

The sharing economy-the rapidly evolving sector of peer-topeer transactions epitomized by Airbnb and Uber-is the subject of heated debate about whether it is so novel that no laws apply, or whether the sharing economy should be subject to the same regulations as its analog counterparts. The debate has proved frustrating and controversial in large part because we lack a doctrinally cohesive and normatively satisfying way of talking about the underlying activities taking place in the sharing economy. In part, this is because property-sharing activities-renting your car out to a tourist for a day, paying to spend the weekend in a …

Video Streaming In Academic Libraries: Enabling Participation In A Democratic Society, Rebecca Ciota, Emily Hardesty

Publications

No abstract provided.

Model Law On Lighting For Developed Countries, Lakshman Guruswamy, Jason Aamodt, Anne Aguirre, Yazan Fattaleh, Gianna Fitzsimmons, Teresa Milligan, Giedre Stasiunaite

Publications

International Legal Structuralism: A Primer, Justin Deystone

Publications

International legal structuralism arrived on the shores of international thought in the 1980s. The arrival was not well-received, perhaps in part, because it was not well-understood. This essay aims to reintroduce legal structuralism and hopefully pave the way for new, and more positive, receptions and understandings. This reintroduction is organized around two claims regarding the broader encounter between international lawyers and critical theory in the ‘80s. The first was a jurisprudential claim about how the critics sought to show how international law was nothing more than a continuation of international politics by other means. The second was a historical claim …

The President And Immigration Federalism, Pratheepan Gulasekaram, S. Karthick Ramakrishnan

Publications

This Article lays out a systematic, conceptual framework to better understand the relationship between federal executive action and statelevel legislation in immigration. Prior immigration law scholarship has focused on structural power questions between the U.S. federal government-as a unitary entity-and the states, while newer scholarship has examined separation of powers concerns between the President and Congress. This Article builds on both of these traditions, focusing on the intersectional relationship between the federal Executive and subfederal lawmaking, which is an important yet overlooked dynamic in the resurgence of immigration federalism. First, this Article explains the relationship between presidential action and state …

Facilitating Competition By Remedial Regulation, Kristelia A. García

Publications

In music licensing, powerful music publishers have begun—for the first time ever— to withdraw their digital copyrights from the collectives that license those rights, in order to negotiate considerably higher rates in private deals. At the beginning of the year, two of these publishers commanded a private royalty rate nearly twice that of the going collective rate. This result could be seen as a coup for the free market: Constrained by consent decrees and conflicting interests, collectives are simply not able to establish and enforce a true market rate in the new, digital age. This could also be seen as …

Editor's Note, Colorado Technology Law Journal

Colorado Technology Law Journal

No abstract provided.

Property Rights And Governance Strategies: How Best To Deal With Land, Water, Intellectual Property, And Spectrum, Richard A. Epstein

Colorado Technology Law Journal

No abstract provided.

From Notice-And-Takedown To Notice-And-Delist: Implementing Google Spain, Aleksandra Kuczerawy, Jef Ausloos

Colorado Technology Law Journal

No abstract provided.

New Network Neutrality Rules In Europe: Comparisons To Those In The U.S., J. Scott Marcus

Colorado Technology Law Journal

No abstract provided.

Proposal For An International Taxonomy On The Various Forms Of The "Right To Be Forgotten": A Study On The Convergence Of Norms, W. Gregory Voss, Celine Castets-Renard

Colorado Technology Law Journal

No abstract provided.

Cybersecurity In Critical Infrastructure Sectors: A Proactive Approach To Ensure Inevitable Laws And Regulations Are Effective, Chris Laughlin

Colorado Technology Law Journal

No abstract provided.

Non-Possession As One-Tenth Of The Law: Right To Refuse Or Duty To Deal In Molecular Monopolies, Jordan Moliver

Colorado Technology Law Journal

No abstract provided.

Pledging Patents Effectively: Copyright And Open Source As A Framework For Patent Pledges, Stephanie Vu

Colorado Technology Law Journal

No abstract provided.

Table Of Contents, Colorado Technology Law Journal

Colorado Technology Law Journal

No abstract provided.

Keynote Address By The Assistant Secretary For Communications And Information At The Department Of Commerce, Lawrence E. Strickling

Colorado Technology Law Journal

No abstract provided.

Closing Fireside Chat With The Assistant Attorney General For The U.S. Department Of Justice Antitrust Division, William Baer, Philip J. Weiser

Colorado Technology Law Journal

No abstract provided.

Zero-Rating Broadband Data: Equality And Free Speech At The Network's Other Edge, Ellen P. Goodman

Colorado Technology Law Journal

No abstract provided.

Antitrust Over Net Neutrality: Why We Should Take Competition In Broadband Seriously, Maureen K. Ohlhausen

Colorado Technology Law Journal

No abstract provided.

The Sky Is The Limit: Faa Regulations And The Future Of Drones, Joshua Kohler

Colorado Technology Law Journal

No abstract provided.

Organizational Doxing: Disaster On The Doorstep, Colin J.A. Oldberg

Colorado Technology Law Journal

No abstract provided.

Save Our Sandbox: A Prospective Approach To Big Player Participation In The Unlicensed Spectrum Space, Savannah P. Schaefer

Colorado Technology Law Journal

No abstract provided.

The Battle For Electronic Health Record Financing: The Next Epoch In The Story Of The American Health Care System, Abigail Rings

Colorado Technology Law Journal

No abstract provided.

Regulating Software When Everything Has Software, Paul Ohm, Blake Reid

Publications

This Article identifies a profound, ongoing shift in the modern administrative state: from the regulation of things to the regulation of code. This shift has and will continue to place previously isolated agencies in an increasing state of overlap, raising the likelihood of inconsistent regulations and putting seemingly disparate policy goals, like privacy, safety, environmental protection, and copyright enforcement, in tension. This Article explores this problem through a series of case studies and articulates a taxonomy of code regulations to help place hardware-turned-code rules in context. The Article considers the likely turf wars, regulatory thickets, and related dynamics that are …

What Predicts Law Student Success? A Longitudinal Study Correlating Law Student Applicant Data And Law School Outcomes, Alexia Brunet Marks, Scott A. Moss

Publications

Despite the rise of “big data” empiricism, law school admission remains heavily impressionistic; admission decisions rely on anecdotes about recent students, idiosyncratic preferences for certain majors or jobs, or mainly the Law School Admission Test (LSAT). Yet no predictors are well-validated and studies of the LSAT or other factors fail to control for other factors. The lack of evidence for what actually predicts law school success is especially surprising since, after the 2010s downturn, law schools now compete for fewer applicants. We fill this gap with a two-school, 1,400-student, 2005--2011 longitudinal study. We coded nondigitized applicant data and used multivariate …

Manufactured Consent: The Problem Of Arbitration Clauses In Corporate Charters And Bylaws, Ann Lipton

Publications

No abstract provided.

Singled Out, Michael Pappas

Publications

David has been "singled out." He is the only one in his neighborhood legally prohibited from building a house. In a town full of residences, his lot alone must remain vacant. This is unequal, but is it unconstitutional?

Courts have continually grappled with this sort of question, vigilantly defending against unfair and unjust singling out. So important is this concern that the Supreme Court has emphasized it as the heart of the Fifth Amendment takings jurisprudence, and an entire Equal Protection doctrine has emerged around it.

However, courts and scholars have yet to critically examine the concept of singling-out, and …

Slam The Door: Why Congress Should End The Backdoor Roth Ira, Amanda Parsons

Publications

No abstract provided.