Digital Commons Network^™

Artificial Intelligence And Law—An Overview Of Recent Technological Changes: Keynote Address At The 2024 Ira C. Rothgerber Jr. & Silicon Flatirons Conference On Artificial Intelligence And Constitutional Law, Harry Surden

University of Colorado Law Review

No abstract provided.

Artificial Intelligence And Constitutional Interpretation, Andrew Coan, Harry Surden

University of Colorado Law Review

No abstract provided.

Foreward: 2024 Ira C. Rothgerber Jr. Conference: Artificial Intelligence And The Constitution, Suzette Malvaux

University of Colorado Law Review

No abstract provided.

Algorithmic Bias And Accountability: The Double B(L)Ind For Marginalized Job Applicants, Chris Chambers Goodman

University of Colorado Law Review

No abstract provided.

Foreward, Abigail Franke

University of Colorado Law Review

No abstract provided.

Cultivating Hope: A Future With Ethics Towards People And Places, Vanessa Ann Racehorse

University of Colorado Law Review

No abstract provided.

Abandoned Mines, Abandoned Treaties: The Federal Government's Failure To Remediate Abandoned Uranium Mines On The Navajo Nation, Nadine Padilla

University of Colorado Law Review

No abstract provided.

Great Salt Lake And The Future Of Environmental Law, Brigham Daniels, Elisabeth Parker, Karigan Börk, Andrew P. Follett, Danny Dudley

University of Colorado Law Review

No abstract provided.

The Cost Of Pfas Cleanup In Waterways: Who Pays And How, Sarah E. Mische

University of Colorado Law Review

No abstract provided.

Forget It, Florida. It's Chinatown: The Return Of Immigrrant Land Laws In America, Hannah Corcoran

University of Colorado Law Review

No abstract provided.

Taylor Swift And Grimes's Competing Versions Of Music Ownership: Copyright Protections Versus Creative Innovation, Grace Detwiler

University of Colorado Law Review

No abstract provided.

Ending The Paper Chase At The Supreme Court, William J. Aceves

University of Colorado Law Review

No abstract provided.

The Identity Factor, Jessica Feinberg

University of Colorado Law Review

No abstract provided.

Foreward: On Forests And Trees, Mallory Shaner

University of Colorado Law Review

No abstract provided.

The Hub-And-Spoke Model: How Everyone Can Get In On The Action In Colorado, Sebastian Blitt

University of Colorado Law Review

No abstract provided.

Armed And (Not) Dangerous: How Bruen Can Kill The Terry Stop, Hunter Parnell

Colorado Law Student Scholars

No abstract provided.

Medical Malpractice, Gender-Affirming Care, And Insurance Law, Olivia Visio

Colorado Law Student Scholars

No abstract provided.

Taxing Novelty, Amanda Parsons

Publications

The advent of any new and unfamiliar economic activity sparks a flood of questions across a variety of legal fields, including tax law. This Article diagnoses the legal uncertainties surrounding novel activities as challenges of legibility in statecraft. Legibility is the process by which the state simplifies complex and often unfamiliar systems into a format that can be governed. Across broad areas of the law, placing things and activities into different legal categories is a means for the state to achieve legibility.

This Article aims to incorporate the framework of legibility into existing scholarly discourse on legal categories. Through the …

What's The Harm In (Partisan) Gerrymandering? Collective Vs. Dyadic Accounts Of Representational Disparities, Sanford C. Gordon, Douglas M. Spencer, Sidak Yntiso

Publications

Traditional approaches for documenting the harm of gerrymandering emphasize collective representation by legislatures, minimizing the relationship between individual voters and their respective representatives. Federal courts have struggled to map collective accounts onto cognizable constitutional harms, reflecting a discomfort evaluating a system of representation inescapably rooted in geographic districts using diagnostics that treat districts and their boundaries as an inconvenience rather than an intrinsic feature. A normative account of representation and accountability rooted in the dyadic relationship between voters and their legislators addresses the exact harms that courts have articulated yet struggled to substantiate. We derive a formal model of dyadic …

Fear And Free Speech, Helen Norton

Publications

No abstract provided.

Religious Police Forces With Public Powers, Jonathon J. Booth

Publications

No abstract provided.

Ethical Issues In Pandemic Prevention, Preparedness, And Response, Govind Persad

Publications

Pandemic policies raise complex ethical challenges, as well as scientific and technical ones. This chapter examines four critical areas where ethical analysis is essential for effective pandemic prevention, preparedness, and response: spending decisions, clinical research, restrictions on rights and freedoms, and fair allocation of scarce medical resources.

Spending on pandemic prevention, preparedness, and response often involves trade-offs with other societal priorities, such as education, infrastructure, and environment. Navigating these trade-offs requires careful consideration of opportunity costs and distributional impacts.

Rights and freedoms can likewise present difficult trade-offs when pandemic policies restrict individual liberties, requiring clear goals and proportionate responses that …

Being Pregnant In Someone Else's Body, Jennifer S. Hendricks

Publications

No abstract provided.

Tainted Source Code, Bryan H. Choi

Publications

Open-source software has long eluded tort liability. Fierce ideological commitments and sticky license terms support a long tradition of forbearance against penalizing harmful or negligent work in open-source communities. The free, noncommercial, distributed, and anonymous characteristics of open-source contributions present additional obstacles to legal enforcement.

The exponential rise in software supply chain attacks has given new urgency to the problem of bad open-source code. Yet, current approaches are unlikely to meaningfully improve open-source security and safety. On the one hand, technological tools and self-governance mechanisms remain woefully underdeveloped and underutilized. On the other hand, liability proposals that place all the …

Anchoring Digital Sovereignty, Vivek Krishnamurthy

Publications

For a quarter-century, a consensus has prevailed that territorial sovereignty applies online as it does offline. Since practically all the Internet's infrastructure and its billions of users reside on the territory of states, conventional wisdom holds that sovereignty must extend to cyberspace. Such accounts ignore how people experience cyberspace as a distinctive place, and how current international law lacks safeguards to prevent states from exercising their sovereignty to splinter the Internet into a set of national networks. Territorial sovereignty is also hard to square with pledges by the world's democracies to keep the Internet free, open, and global; yet it …

Teaching At The Intersection Of Federal Indian Law And Environmental Law Courses, Mia Montoya Hammersley, Vanessa Ann Racehorse, Heather Tanana, Nadine Padilla, Gerald Torres

Publications

A discussion of the important role of Federal Indian Law in the practice of environmental and natural resources law and guidance on incorporating this intersection into traditional environmental law courses and curricula.

Transforming Tax Expenditures, Sloan G. Speck

Publications

For decades, reformers have advocated the repeal of tax expenditures--disguised government spending through special preferences in the Internal Revenue Code. And yet, tax expenditures persist, impairing federal tax receipts by more than $1.8 trillion in 2024. This Article introduces a novel mechanism for tax expenditure reform. To the extent that direct statutory repeal proves impossible or impractical, lawmakers can achieve an equivalent result through a strategy of legislative anti-repeal. By radically expanding a tax expenditure's legal scope, then adjusting progressive income tax rates to account for revenue loss and distributional considerations, lawmakers can effectively eliminate tax expenditures from the tax …

Nist's Software Un-Standards, Bryan H. Choi

Publications

The National Institute of Standards and Technology (NIST) has become a beacon of hope for those who trust in federal standards for software and AI safety. Moreover, lawmakers and commentators have indicated that compliance with NIST standards ought to shield entities from liability. With more than a century of expertise in scientific research and standard setting, NIST would seem to be uniquely qualified to develop such standards.

But as I argue in this Article, this faith is misplaced. NIST’s latest forays in risk management frameworks disavow concrete metrics or outcomes, and solicit voluntary participation instead of providing stable mandates. That …

Impacted Stakeholder Participation In Ai And Data Governance, Margot Kaminski, Gianclaudio Malgieri

Publications

Privacy law has long centered on the individual. But we observe a meaningful shift toward group harm and rights. There is growing recognition that data-driven practices, including the development and use of artificial intelligence (AI) systems, affect not just atomized individuals but also their neighborhoods and communities, including and especially situationally vulnerable and historically marginalized groups.

This Article explores a recent shift in both data privacy law and the newly developing law of AI: a turn towards stakeholder participation in the governance of AI and data systems, specifically by impacted groups often though not always representing historically marginalized communities. In …

Avoiding Four Fallacies In The Fair Allocation Of Influenza Countermeasures, Govind Persad, Johan L. Dellgren, Ezekiel J. Emanuel

Publications

No abstract provided.