Digital Commons Network^™

Imputation, The Adverse Interest Exception, And The Curious Case Of The Restatement (Third) Of Agency, Mark J. Loewenstein

Publications

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 …

Considering Class: College Access And Diversity, Matthew N. Gaertner, Melissa Hart

Publications

Each time that the continued legality of race-conscious affirmative action is threatened, colleges and universities must confront the possibility of dramatically changing their admissions policies. Fisher v. University of Texas, which the Supreme Court will hear this year, presents just such a moment. In previous years when affirmative action has been outlawed by ballot initiative in specific states or when the Court has seemed poised to reject it entirely, there have been calls for replacing race-conscious admissions with class-based affirmative action. Supporters of race-conscious affirmative action have typically criticized the class-based alternative as ineffective at maintaining racial diversity. This …

The Missing Link: Making Research Easier With Linked Citations, Nick Harrell

Publications

No abstract provided.

Private Copyright Reform, Kristelia A. García

Publications

The government is not the only player in copyright reform, and perhaps not even the most important. Left to free market negotiation, risk averse licensors and licensees are contracting around the statutory license for certain types of copyright-protected content, and achieving greater efficiency via private ordering. This emerging phenomenon, herein termed "private copyright reform," presents both adverse selection and distributive justice concerns: first, circumvention of the statutory license goes against legislative intent by allowing for the reduction, and even elimination, of statutorily mandated royalties owed to non-parties. In addition, when presented without full term disclosure, privately determined royalty rates can …

Never Construed To Their Prejudice: In Honor Of David Getches, Richard B. Collins

Publications

This article reviews and analyzes the judicial canons of construction for Native American treaties and statutes. It discusses their theoretical justifications and practical applications. It concludes that the treaty canon has ready support in contract law and the law of treaty interpretation. Justification of the statutory canon is more challenging and could be strengthened by attention to the democratic deficit when Congress imposes laws on Indian country. Applications of the canons have mattered in disputes between Indian nations and private or state interests. They have made much less difference, and have suffered major failings, in disputes with the federal government. …

Remarks Of David H. Getches: Federal Bar Association Indian Law Conference (April 7, 2011), David H. Getches

Publications

No abstract provided.

Self-Congratulation And Scholarship, Paul Campos

Publications

Professor Jay Silver’s criticism of the reform proposals put forward in Brian Tamanaha’s book Failing Law Schools displays some characteristic weaknesses of American legal academic culture. These weaknesses include a tendency to make bold assertions about the value of legal scholarship and the effectiveness of law school pedagogy, while at the same time providing no support for these assertions beyond a willingness to repeat self-congratulatory platitudes about who professors are and what we do. The high costs for our students of the current scholarly expectations at American law schools are clear. What is not clear is whether those costs are …

A Structuralist Approach To The Two State Action Doctrines, Justin Deystone

Publications

By all accounts, the constitutional and antitrust state-action doctrines are strangers. Courts and scholars see the constitutional state-action doctrine as about the applicability of constitutional rights in private disputes, and the antitrust state-action doctrine as a judicial negotiation between the scope of the Sherman Act and the demands of federalism. In this conventional view, the only thing the doctrines share in common is that they are both an awful mess. This Article challenges the conventional wisdom and argues that the two state-action doctrines are fundamentally connected, and when viewed in a certain light, not even that messy. It is not …

Re-Problematizing Anger In Domestic Violence Advocacy, Deborah Cantrell

Publications

Feminist advocacy commits wholeheartedly to a woman’s autonomous choices about how to respond to domestic violence, prioritizing a woman’s own lived experiences and her own assessments of her needs and goals over other supposedly “objective” assessments. Feminists robustly privilege individual choices of women in part as a way of revealing anti-woman bias in the dominant, patriarchal legal system as well to reject male constructions of feminine behavior. In feminist domestic violence advocacy, scholars and advocates have argued that a woman’s autonomous choices include capacious choices about the kinds of emotions that a woman might express about being subjected to abuse. …

Guns And Membership In The American Polity, Pratheepan Gulasekaram

Publications

No abstract provided.

Rethinking Sustainability To Meet The Climate Change Challenge, Sarah Krakoff

Publications

A group of environmental law professors formed the Environmental Law Collaborative with the goal of engaging environmental law scholars in the thorny issues of the day. The members of the Collaborative gathered in the summer of 2012 to produce an intensive and collective assessment of sustainability in the age of climate change. Their writings examine the process of adapting the principles and application of sustainability to the demands of climate change, including framing the term sustainability in climate change discussions; coordinating sustainable practices across disciplines such as law, economics, ethics, and the hard sciences; and conceptualizing the role of sustainability …

Faking It, Daria Roithmayr

Publications

No abstract provided.

Cosmic Constitutional Theory: Why Americans Are Losing Their Inalienable Right To Self-Governance, Karen Skinner

Publications

No abstract provided.

Gerontology And The Law: A Selected Annotated Bibliography: 2009-2011 Update, Karen Skinner

Publications

No abstract provided.

Table Of Contents (Vol. 84, Issue 3)

University of Colorado Law Review

No abstract provided.

Drone Federalism: Civilian Drones And The Things They Carry, Margot E. Kaminski

Publications

Civilian drones are scheduled to be permitted in the national airspace as early as 2015. Many think Congress should establish the necessary nationwide regulations to govern both law enforcement and civilian drone use. That thinking, however, is wrong. This Essay suggests drone federalism instead: a state-based approach to privacy regulation that governs drone use by civilians, drawing on states’ experience regulating other forms of civilian-on-civilian surveillance. This approach will allow necessary experimentation in how to best balance privacy concerns against First Amendment rights in the imminent era of drone-use democratization. This Essay closes by providing some guidance to states as …

Agenda: The Future Of Natural Resources Policy, University Of Colorado Boulder. Natural Resources Law Center

The Future of Natural Resources Policy (December 6)

This forum will provide a post-election perspective on some of the challenges and opportunities that natural resources, public lands, and energy policymakers in Washington are likely to face in the next four years. An expert panel will discuss the dynamics in the Department of the Interior, the Department of Agriculture, and Congress, and how their evolving policies are likely to affect Colorado in the coming years.

Moderator: Dean Phil Weiser, University of Colorado Law School

Panelists:

Jay Jensen, Associate Director for Land & Water Ecosystems, White House Council on Environmental Quality

Scott Miller, Visiting Assistant Professor, University of Colorado Law …

Background Reading: Department Of The Interior, 2013 Departmental Overview, United States. Department Of The Interior, Ken Salazar

The Future of Natural Resources Policy (December 6)

18 pages (DO-5 through DO-22).

"Background Reading"

The Future of Natural Resources Policy: This forum will provide a post-election perspective on some of the challenges and opportunities that natural resources, public lands, and energy policymakers in Washington are likely to face in the next four years. An expert panel will discuss the dynamics in the Department of the Interior, the Department of Agriculture, and Congress, and how their evolving policies are likely to affect Colorado in the coming years.

Background Reading: Department Of Agriculture, 2013 Budget Overview, United States. Forest Service, United States. Department Of Agriculture

The Future of Natural Resources Policy (December 6)

57 pages.

"Fiscal Year 2013 Budget Overview"

"February 2012"

"Background Reading"

The Future of Natural Resources Policy: This forum will provide a post-election perspective on some of the challenges and opportunities that natural resources, public lands, and energy policymakers in Washington are likely to face in the next four years. An expert panel will discuss the dynamics in the Department of the Interior, the Department of Agriculture, and Congress, and how their evolving policies are likely to affect Colorado in the coming years.

Slides: What Went Wrong At Divide Creek?, Matthew Sura

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

Presenter: Attorney Matthew Sura, Former Director of Western Colorado Congress, graduate of University of Colorado Law School; attorney specializing in representation of landowners and mineral owners in oil and gas transactions and disputes

17 slides

Agenda: Monitoring And Protecting Groundwater During Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project, Colorado Water And Energy Research Center

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

This workshop is cosponsored by the Intermountain Oil and Gas BMP Project and the Colorado Water and Energy Research Center, with financial support from the Environmentally Friendly Drilling Project and the CU-Boulder Outreach Committee.

The Colorado Oil and Gas Conservation Commission (COGCC) recently initiated a rule making process to develop new, statewide regulations for baseline sampling and monitoring of groundwater near new oil and gas wells. COGCC’s first rule making hearing was held November 14; the rule is expected to be finalized December 10. This workshop will discuss oil and gas development procedures that can impact groundwater, the current rules …

Slides: Survey Of State Sampling And Monitoring Rules, Kathryn Mutz, Josh Kruger

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

Presenters: Kathryn Mutz and Josh Kruger, Natural Resources Law Center, University of Colorado Law School

7 slides

Slides: Routes To Sustainability: Natural Gas Development And Air And Water Resources In The Rocky Mountain Region, Mark Williams

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

Presenter: Mark Williams, University of Colorado Boulder

14 slides

Slides: Colorado Law: Protecting Water Quantity And Quality, Alan E. Curtis

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

Presenter: Alan E. Curtis, White & Jankowski, LLP

23 slides

Further Information: Monitoring And Protecting Groundwater During Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project, Colorado Water And Energy Research Center

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

1 page.

"For Further Information" (URLs):

COGCC

Rules and Proposed Rules from Other Jurisdictions

Sampling Protocols

Impacts

Slides: Overview Of Colorado Aquifer Systems, Christopher J. Sanchez

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

Presenter: Christopher J. Sanchez, P.G., BBA Water Consultants, Bishop-Brogden Associates, Inc.

28 slides

Slides: The Role Of Groundwater Sampling/Monitoring: Cogcc Proposed Rule 609, Gene Florentino

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

Presenter: Gene Florentino, PG, Walsh Environmental Scientists and Engineers

14 slides

Slides: Colorado’S Groundwater Protection Program, Andrew Ross

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

Presenter: Andrew Ross, Colorado Department of Public Health and Environment

22 slides

Slides: Research On Ground Water Monitoring, Matt Samelson

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

Presenter: Matt Samelson, Natural Resources Law Center and the Donnell-Kay Foundation

12 slides

Slides: Proposed Statewide Baseline Groundwater Sampling And Monitoring Rules, University Of Colorado Boulder. Natural Resources Law Center, Colorado. Oil And Gas Conservation Commission

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

Presenter: Kathryn Mutz, Natural Resources Law Center, University of Colorado Law School

16 slides