Digital Commons Network^™

Administering Section 2 Of The Voting Rights Act After Shelby County, Christopher S. Elmendorf, Douglas M. Spencer

Publications

Until the Supreme Court put an end to it in Shelby County v. Holder, section 5 of the Voting Rights Act was widely regarded as an effective, low-cost tool for blocking potentially discriminatory changes to election laws and administrative practices. The provision the Supreme Court left standing, section 2, is generally seen as expensive, cumbersome, and almost wholly ineffective at blocking changes before they take effect. This Article argues that the courts, in partnership with the Department of Justice, could reform section 2 so that it fills much of the gap left by the Supreme Court's evisceration of section …

Revisiting The Mansions And Gatehouses Of Criminal Procedure: Reflections On Yale Kamisar's Famous Essay, William T. Pizzi

Publications

In 1965, Yale Kamisar published a now-famous essay entitled, Equal Justice in the Gatehouses and Mansions of American Criminal Procedure: From Powell to Gideon, from Escobedo to... to make his case that the Court needed to take action to protect citizens in interrogation rooms, Kamisar used the powerful metaphors of the gatehouse and the mansion to contrast the treatment received in interrogation rooms in the back of police stations with the way defendants were treated when they arrived at courthouses where the power of the state was restricted and they had strong constitutional protections.

On its 50th anniversary since publication, …

How Do We Know When Speech Is Of Low Value?, Helen Norton

Publications

No abstract provided.

The More Things Change . . . : Exploring Solutions To Persisting Discrimination In Legal Academia, Melissa Hart

Publications

No abstract provided.

How To Do Things With Hohfeld, Pierre Schlag

Publications

Wesley Newcomb Hohfeld’s 1913 article, Fundamental Legal Conceptions as Applied in Judicial Reasoning, is widely viewed as brilliant. A thrilling read, it is not. More like chewing on sawdust. The arguments are dense, the examples unfriendly, and the prose turgid.

“How to Do Things With Hohfeld” is an effort to provide an accessible and sawdust-free account of Hohfeld’s article, as well as to show how and why his analysis of “legal relations” (e.g., right/duty, etc.) matters. Perhaps the principal reason is that the analysis furnishes a discriminating platform to discern the economic and political import of legal rules and …

Government Speech And Political Courage, Helen Norton

Publications

This short essay addresses Walker v. Texas Div., Sons of Confederate Veterans, Inc., in which a divided Court upheld Texas's rejection of the Sons of Confederate Veterans' request for a specialty license plate that featured the Confederate flag. Although it agrees with the majority that specialty license plates can -- and often do -- reflect the government's own expression that the government should remain free to control without running afoul of the First Amendment, it argues that the Walker Court missed an important opportunity to refine its government speech doctrine. Not only has the Court yet to settle on a …

A Prospect Theory Of Privacy, Bryan H. Choi

Publications

Privacy law has languished for decades while the other information law doctrines have flourished. This paradox can be explained by the relative weight assigned respectively to moral argument versus economic argument. Privacy law is unique in that it continues to be steered foremost by moral intuition. What qualifies as a "violation" of privacy is predicated largely on the moral reprehensibility of the act in question. By stark contrast, the intellectual property regimes have long since converted to being led primarily by economic considerations, and only secondarily by noneconomic factors.

That distinction is counterproductive and nonsensical. Personal data is an informational …

Halliburton And The Dog That Didn't Bark, Ann Lipton

Publications

In Halliburton Co. v. Erica P. John Fund, Inc., the Supreme Court held that defendants in a Section 10(b) class action may use the class-certification process to rebut the "fraud on the market" presumption that their misstatements impacted the price of the relevant security. In so doing, the Court struggled to explain why the class-certification process—rather than trial on the merits—was the proper venue for such disputes, and avoided the most obvious justification, namely, that in the absence of price impact, plaintiffs would still be able to bring individual claims. The Court's unwillingness to hold that plaintiffs may bring …

Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In Canada, S. James Anaya

Publications

No abstract provided.

Did Multicultural America Result From A Mistake? The 1965 Immigration Act And Evidence From Roll Call Votes, Gabriel J. Chin, Douglas M. Spencer

Publications

Between July 1964 and October 1965, Congress enacted the three most important civil rights laws since Reconstruction: The Civil Rights Act of 1964, the Voting Rights Act of 1965, and the Immigration and Nationality Act Amendments of 1965. As we approach the 50th anniversary of these laws, it is clear that all three have fundamentally remade the United States; education, employment, housing, politics, and the population itself have irreversibly changed.

Arguably the least celebrated yet most consequential of these laws was the 1965 Immigration Act, which set the United States on the path to become a "majority minority" nation. In …

The Federal Trade Commission As Convenor: Developing Regulatory Policy Norms Without Litigation Or Rulemaking, William E. Kovacic

Colorado Technology Law Journal

No abstract provided.

Foxes And Hedgehogs In Transition, Derek E. Bambauer

Colorado Technology Law Journal

No abstract provided.

Funny Money Or The Fall Of Fiat: Bitcoin And Forward-Facing Virtual Currency Regulation, Ethan D. Jeans

Colorado Technology Law Journal

No abstract provided.

Public Interest In The Digital Age: Towards A 21st Century Spectrum Policy, John H. Cook

Colorado Technology Law Journal

No abstract provided.

Maximizing Safety Under Nextgen: Apportionment Of Duty, The Ftca, And Policy In Aviation, Megan Coontz Mcallister

Colorado Technology Law Journal

No abstract provided.

Don't Forget About The Little Guys: Trolls, Startups, And Fee Shifting, Neal S. Vickery

Colorado Technology Law Journal

No abstract provided.

Editor's Note, Colorado Technology Law Journal

Colorado Technology Law Journal

No abstract provided.

Privacy And A/B Experiments, Edward W. Felten

Colorado Technology Law Journal

No abstract provided.

Algorithmic Harms Beyond Facebook And Google: Emergent Challenges Of Computational Agency, Zeynep Tufekci

Colorado Technology Law Journal

No abstract provided.

The Law And Ethics Of Experiments On Social Media Users, James Grimmelmann

Colorado Technology Law Journal

No abstract provided.

Two Cheers For Corporate Experimentation: The A/B Illusion And The Virtues Of Data-Driven Innovation, Michelle N. Meyer

Colorado Technology Law Journal

No abstract provided.

Fast Fashion: A Proposal For Copyright Protection Of 3d-Printed Apparel, Jeanette Cuzella

Colorado Technology Law Journal

No abstract provided.

Lost In The Noise: A Comparison Of Interference In Radio Spectrum To Water And Nuisance Law, Alexander Koral

Colorado Technology Law Journal

No abstract provided.

The Implications Of The National Defense Authorization Act Of 2000 Section 1062(B) On Spectrum Relocation And Wireless Broadband Growth, Brad Revare

Colorado Technology Law Journal

No abstract provided.

A Critique Of The Reasonable Observer: Why Fair Use Fails To Protect Appropriation Art, Shoshana Rosenthal

Colorado Technology Law Journal

No abstract provided.

Front Matter, Colorado Technology Law Journal

Colorado Technology Law Journal

No abstract provided.

Editor's Note, Colorado Technology Law Journal

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 Federal Communications Commission Chairman On Open Networks Chairman, Tom Wheeler

Colorado Technology Law Journal

No abstract provided.

Are A Competition Authority And An Industry Regulator Equivalent?, Fiona Scott Morton

Colorado Technology Law Journal

No abstract provided.