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Full-Text Articles in Entire DC Network
A Philosophy Of Hope And A Landscape Of Principle: The Legacy Of David Getches's Federal Indian Law Scholarship, Rebecca Tsosie
A Philosophy Of Hope And A Landscape Of Principle: The Legacy Of David Getches's Federal Indian Law Scholarship, Rebecca Tsosie
University of Colorado Law Review
In this essay, Professor Tsosie documents two important aspects of David Getches's work in the field of federal Indian law. First, Professor Tsosie observes that David Getches was a strong proponent of guiding principles and a consistent structure in the law. Consequently, he was one of the first scholars to observe the ways in which the contemporary Supreme Court was "remapping" the field of federal Indian law, apparently in service of the Court's commitment to states' rights and the protection of mainstream values. David noted the dangers of this "subjectivist" approach and urged a return to the foundational principles of …
Hero For The People, Hero For The Land And Water: Reflections On The Enduring Contributions Of David Getches, Charles Wilkinson
Hero For The People, Hero For The Land And Water: Reflections On The Enduring Contributions Of David Getches, Charles Wilkinson
University of Colorado Law Review
No abstract provided.
Reflections On Social Change And Law Reform, John D. Leshy
Reflections On Social Change And Law Reform, John D. Leshy
University of Colorado Law Review
No abstract provided.
Remarks Of The Honorable Timothy E. Wirth: Symposium In Honor Of David H. Getches, Timothy E. Wirth
Remarks Of The Honorable Timothy E. Wirth: Symposium In Honor Of David H. Getches, Timothy E. Wirth
University of Colorado Law Review
No abstract provided.
Table Of Contents (Vol. 84, Issue 2)
Table Of Contents (Vol. 84, Issue 2)
University of Colorado Law Review
No abstract provided.
Jury Instructions As Constitutional Education, Andrew Guthrie Ferguson
Jury Instructions As Constitutional Education, Andrew Guthrie Ferguson
University of Colorado Law Review
Juries are central to the constitutional structure of America. This Article articulates a theory of the jury as a "constitutional teaching moment," establishing a historical and theoretical basis for reclaiming the educative value of jury service. This Article addresses the fundamental question of why, despite an unquestioned acceptance of a constitutional role of the jury, our criminal justice system does not explain this role to jurors on jury duty. This Article seeks to answer the question of how we can educate jurors about the jury's constitutional role, while at the same time exploring the larger theoretical concerns with using the …
Imputation, The Adverse Interest Exception, And The Curious Case Of The Restatement (Third) Of Agency, Mark J. Loewenstein
Imputation, The Adverse Interest Exception, And The Curious Case Of The Restatement (Third) Of Agency, Mark J. Loewenstein
University of Colorado Law Review
The imputation doctrine in the common law of agency provides that knowledge of an agent acquired in the course of the agency relationship is imputed to the principal. An important exception to the imputation doctrine, known as the adverse interest exception, provides that knowledge is not imputed if it is acquired by the agent in a course of conduct that is entirely adverse to the principal. These doctrines play an important role in sorting out liability when senior management of a corporation engages in a financial fraud that harms the company. Typically, new management is brought in and it sues …
Random, Suspicionless Searches Of Students' Belongings: A Legal, Empirical, And Normative Analysis, Jason P. Nance
Random, Suspicionless Searches Of Students' Belongings: A Legal, Empirical, And Normative Analysis, Jason P. Nance
University of Colorado Law Review
This Article provides a legal, empirical, and normative analysis of an intrusive search practice used by public school officials to prevent school crime: random, suspicionless searches of students' belongings. First, it argues that these searches are not permitted under the Fourth Amendment unless schools have particularized evidence of a substance abuse or weapons problem. Second, it provides a normative evaluation of strict security measures in schools, especially when they are applied disproportionately to minority students. Third, drawing on recent restricted data from the U.S. Department of Education's School Survey on Crime and Safety, this Article provides empirical findings that raise …
Indiana V. Edwards: The Prospect Of A Heightened Competency Standard For Pro Se Defendants, Ashley N. Beck
Indiana V. Edwards: The Prospect Of A Heightened Competency Standard For Pro Se Defendants, Ashley N. Beck
University of Colorado Law Review
The Sixth Amendment to the United States Constitution guarantees a criminal defendant both the right to the assistance of counsel and the right of self-representation. The right of self-representation is deeply ingrained in the Anglo- American system of justice, but so is the requirement that a criminal defendant be tried only if competent to stand trial. In Indiana v. Edwards, the Supreme Court recognized a "gray area" of competency, noting that competency to stand trial with the assistance of counsel may not equate to competency to proceed pro se. In Edwards, the Court held that a trial court retains the …
The Litigation Financing Industry: Regulation To Protect And Inform Consumers, Martin J. Estevao
The Litigation Financing Industry: Regulation To Protect And Inform Consumers, Martin J. Estevao
University of Colorado Law Review
Litigation financing companies ("LFCs") provide nonrecourse cash advances to plaintiffs in exchange for a portion of their lawsuits' potential future proceeds. While this arrangement allows individuals to continue to litigate without having to accept unjust settlement offers, desperate consumers are often forced to pay inequitable interest rates for the cases they finance. Because there is no absolute obligation to repay the LFC, the industry manages to avoid regulation under state interest rate ceilings for consumer loans. The few existing litigation financing laws do not restrict the interest rates that LFCs may charge, and even if some courts are willing to …
The Rise Of The Transgender Child: Overcoming Societal Stigma, Institutional Discrimination, And Individual Bias To Enact And Enforce Nondiscriminatory Dress Code Policies, Holly V. Franson
University of Colorado Law Review
School districts are often called upon to adapt school policies in response to changing student populations, and transgender students appear to be an emerging student population. Schools should adopt nondiscriminatory and inclusive dress code policies to accommodate transgender students. Recently, awareness and advocacy on behalf of children who can be classified as transgender have increased. Unfortunately, despite this increase in awareness and advocacy, transgender students continue to face unique obstacles in the school environment, including bullying, as a result of being transgender. Because the primary means through which transgender students express their identified genders is through their dress, schools should …
Powering The Tap Dry: Regulatory Alternatives For The Energy-Water Nexus, Amy Hardberger
Powering The Tap Dry: Regulatory Alternatives For The Energy-Water Nexus, Amy Hardberger
University of Colorado Law Review
In 2008, while Atlanta residents freely watered their lawns, several nuclear power plants in Georgia almost shut down due to drought-induced water scarcity. This absurd reality stemmed from the misunderstood and almost wholly unregulated relationship between energy and water. Water and energy are indivisibly linked and interwoven into every aspect of our culture and lifestyle. Large quantities of water are required to generate energy, and energy is required at all stages of the water supply process including pumping, treating, and end uses. While much has been written recently on the numeric relationship between these sectors, little has been proposed from …
Patience Is An Economic Virtue: Real Options, Natural Resources, And Offshore Oil, Michael A. Livermore
Patience Is An Economic Virtue: Real Options, Natural Resources, And Offshore Oil, Michael A. Livermore
University of Colorado Law Review
The financial concept of real options has important consequences in areas of environmental and natural resources law where irreversible decisions are made in the face of uncertainty. This article argues that consideration of real options is necessary to maximize economic returns from nonrenewable natural resource extraction, using offshore oil drilling as a case study. Because decisions over drilling are often framed as a now-or-never choice, the option to wait (or the "real option" value) is improperly treated in administrative processes that determine whether, when, and how offshore oil resources will be tapped. The value associated with the option to delay …
Renewable Energy Through Agency Action, Amy L. Stein
Renewable Energy Through Agency Action, Amy L. Stein
University of Colorado Law Review
Despite the many societal benefits associated with renewable energy, it is used to generate only about 5 percent of our nation's electricity needs. The bulk of governmental efforts to rectify this situation have disproportionately impacted private actors. This Article argues that the federal government should expand its efforts to more fully capture the gains that can be achieved by targeting both private and public actors, particularly federal agencies. Federal agencies have enormous purchasing power that can be channeled toward using electricity and fuels derived from renewable energy. Federal agencies are some of the largest consumers of electricity. Federal agencies manage …
Risk And Response In Fracturing Policy, Hannah J. Wiseman
Risk And Response In Fracturing Policy, Hannah J. Wiseman
University of Colorado Law Review
An oil and gas extraction technique called hydraulic fracturing (also called fracing, fracking, or hydrofracking) has swept the country and has raised the stakes of the energy policy debate. As operators drill thousands of new wells and inject water and chemicals down these wells in order to fracture underground shale and tight sandstone formations, concerned citizens' groups and the media have pointed to flaming tap water and have worried about chemical contamination; at the same time, industry representatives and many state regulators have sworn that the practice has never contaminated groundwater. The outpouring of attention to injection-just one stage of …
No Seat At The Water Table: Colorado's New Groundwater Basin Statute Leaves Senior Surface Rights In The Lurch, Ari J. Stiller-Shulman
No Seat At The Water Table: Colorado's New Groundwater Basin Statute Leaves Senior Surface Rights In The Lurch, Ari J. Stiller-Shulman
University of Colorado Law Review
Wells that pump water from underground aquifers deplete water flowing in nearby rivers and streams. Colorado farmers in certain parts of the state use wells to pump large quantities of underground water for irrigation. However, other users who had pre-existing surface-water rights on nearby streams have complained that these wells drain the river and injure their prior vested water rights. Normally, surface water users with prior rights can require more junior users to stop appropriating until the senior user has diverted her full right. However, Colorado presumes that wells in certain districts-called designated basins-do not injure nearby surface streams. Still, …
I'Ll Huff And I'Ll Puff And I'Ll Blow Your House Down: The Argument For The Ability To Purchase Your Neighbor's Wind, Emily J. Wasserman
I'Ll Huff And I'Ll Puff And I'Ll Blow Your House Down: The Argument For The Ability To Purchase Your Neighbor's Wind, Emily J. Wasserman
University of Colorado Law Review
Wind power capacity has increased substantially over the past decade. This growth in capacity is partially attributable to the policies that federal and state governments have enacted to help developers overcome the economic barriers to building commercial-scale wind facilities. However, the existing economic policies have a limited ability to continue to incentivize development of new wind power capacity. Therefore, if wind power capacity is going to continue to grow so that wind power eventually supplies enough electricity to meet a significant amount of the United States' energy needs, states need to supplement the economic policies with other, noneconomic policies. Specifically, …
Table Of Contents (Vol. 84, Issue 4)
Table Of Contents (Vol. 84, Issue 4)
University of Colorado Law Review
No abstract provided.
Byron White-Hero And Scholar: Reflections About Punishment, Political Speech, And Public Liability, Justice John Paul Stevens
Byron White-Hero And Scholar: Reflections About Punishment, Political Speech, And Public Liability, Justice John Paul Stevens
University of Colorado Law Review
No abstract provided.
Conversation With Associate Justice Ruth Bader Ginsburg, Justice Ruth Bader Ginsburg
Conversation With Associate Justice Ruth Bader Ginsburg, Justice Ruth Bader Ginsburg
University of Colorado Law Review
No abstract provided.
Cutting The Cord To Private Cord Blood Banking: Encouraging Compensation For Public Cord Blood Donations After Flynn V. Holder, Seema Mohapatra
Cutting The Cord To Private Cord Blood Banking: Encouraging Compensation For Public Cord Blood Donations After Flynn V. Holder, Seema Mohapatra
University of Colorado Law Review
This Article argues that the Ninth Circuit's recent ruling in Flynn v. Holder, which allowed compensation for peripheral blood stem cells ("PBSCs") obtained via apheresis] under the National Organ Transplant Act ("NOTA'), also opens up the possibility for compensation for umbilical cord blood ("cord blood"). The holding in Flynn applies to cord blood for several reasons. First, Flynn held that bone marrow was subject to NOTA's prohibition on compensation because bone marrow was explicitly mentioned in the statute. In contrast, no mention of cord blood appears in NOTA or its applicable regulations. Also, the procedure to utilize cord blood was …
Law Clinics And Lobbying Restrictions, Kevin Barry, Marcy Karin
Law Clinics And Lobbying Restrictions, Kevin Barry, Marcy Karin
University of Colorado Law Review
"Can law school clinics lobby?" This question has plagued professors for decades but has gone unanswered, until now. This Article situates law school clinics within the labyrinthine law of lobbying restrictions and concludes that clinics may indeed lobby. For ethical, pedagogical, and, ultimately, practical reasons, it is critical that professors who teach in clinics understand these restrictions. This Article offers advice to professors and students on safely navigating this complicated terrain.
Defining Privacy And Utility In Data Sets, Felix T. Wu
Defining Privacy And Utility In Data Sets, Felix T. Wu
University of Colorado Law Review
Is it possible to release useful data while preserving the privacy of the individuals whose information is in the database? This question has been the subject of considerable controversy, particularly in the wake of well-publicized instances in which researchers showed how to re-identify individuals in supposedly anonymous data. Some have argued that privacy and utility are fundamentally incompatible, while others have suggested that simple steps can be taken to achieve both simultaneously. Both sides have looked to the computer science literature for support. What the existing debate has overlooked, however, is that the relationship between privacy and utility depends crucially …
A Picture Is Worth A Thousand Words: The Marketplace Of Ideas And The Constitutionality Of Graphic-Image Cigarette Warning Labels And Other Commercial Disclosure Requirements, Richard F. Lee
University of Colorado Law Review
American cigarette warning labels are lackluster compared to others around the world. To address this inadequacy, the FDA created nine graphic-image cigarette warning labels that were scheduled to appear on all cigarette packages sold in the US beginning in 2012. However, before they debuted, the D.C. Circuit Court of Appeals struck the labels down in R.J. Reynolds Tobacco Co. v. FDA, holding that they constituted compelled commercial speech in violation of the First Amendment. This Note argues that the R.J. Reynolds decision conflicts with the Supreme Court's commercial speech jurisprudence. Historically, the Supreme Court has applied limited First Amendment protection …
Misguided Patent Reform: The Questionable Constitutionality Of First-To-File, Andrew L. Sharp
Misguided Patent Reform: The Questionable Constitutionality Of First-To-File, Andrew L. Sharp
University of Colorado Law Review
American cigarette warning labels are lackluster compared to others around the world. To address this inadequacy, the FDA created nine graphic-image cigarette warning labels that were scheduled to appear on all cigarette packages sold in the US beginning in 2012. However, before they debuted, the D.C. Circuit Court of Appeals struck the labels down in R.J. Reynolds Tobacco Co. v. FDA, holding that they constituted compelled commercial speech in violation of the First Amendment. This Note argues that the R.J. Reynolds decision conflicts with the Supreme Court's commercial speech jurisprudence. Historically, the Supreme Court has applied limited First Amendment protection …
State V. Henderson: A Model For Admitting Eyewitness Identification Testimony, Amy D. Trenary
State V. Henderson: A Model For Admitting Eyewitness Identification Testimony, Amy D. Trenary
University of Colorado Law Review
Eyewitness identification testimony is notoriously unreliable and has significantly contributed to wrongful convictions. Most courts use the standard set forth by the Supreme Court in Manson v. Brathwaite to assess whether eyewitness identifications are sufficiently reliable to present to the jury. But in the thirty-five years since Manson, an extensive body of research has amassed that calls into question the continuing validity of that standard. Researchers have identified numerous system variables (procedural elements subject to official control) and estimator variables (factors related to the witness, perpetrator, and event) that affect the accuracy of eyewitness identifications. The Manson standard fails to …
Remarks Of David H. Getches: Federal Bar Association Indian Law Conference (April 7, 2011), David H. Getches
Remarks Of David H. Getches: Federal Bar Association Indian Law Conference (April 7, 2011), David H. Getches
University of Colorado Law Review
No abstract provided.
Immigration Federalism: A Reappraisal, Pratheepan Gulasekaram, Karthick Ramakrishnan
Immigration Federalism: A Reappraisal, Pratheepan Gulasekaram, Karthick Ramakrishnan
Publications
No abstract provided.
The End Of The Obesity Epidemic, Paul F. Campos
The U.S. Proposal For An Intellectual Property Chapter In The Trans-Pacific Partnership Agreement, Margot Kaminski, Sean M. Flynn, Brook Baker, Jimmy Koo
The U.S. Proposal For An Intellectual Property Chapter In The Trans-Pacific Partnership Agreement, Margot Kaminski, Sean M. Flynn, Brook Baker, Jimmy Koo
Publications
No abstract provided.