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University of Colorado Law School

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Concerning Limitations On The Requirements For Cost Bonds In Civil Lawsuits., Colorado General Assembly Jan 2009

Concerning Limitations On The Requirements For Cost Bonds In Civil Lawsuits., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Parental Involvement In Kindergarten Through Twelfth Grade Education., Colorado General Assembly Jan 2009

Concerning Parental Involvement In Kindergarten Through Twelfth Grade Education., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The Authority Of A Law Enforcement Officer Under Specified Circumstances To Prevent A Person From Communicating With Someone Other Than A Peace Officer., Colorado General Assembly Jan 2009

Concerning The Authority Of A Law Enforcement Officer Under Specified Circumstances To Prevent A Person From Communicating With Someone Other Than A Peace Officer., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The Creation Of A Stabilization Fund To Assist With The State's Efforts To Meet The Federal Maintenance Of Effort Requirements For The State Supplemental Security Income Program., Colorado General Assembly Jan 2009

Concerning The Creation Of A Stabilization Fund To Assist With The State's Efforts To Meet The Federal Maintenance Of Effort Requirements For The State Supplemental Security Income Program., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Time Computation While An Inmate Is Incarcerated In A County Jail., Colorado General Assembly Jan 2009

Concerning Time Computation While An Inmate Is Incarcerated In A County Jail., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Participation In The Address Confidentiality Program By A Person Who Resides With A Victim Participant., Colorado General Assembly Jan 2009

Concerning Participation In The Address Confidentiality Program By A Person Who Resides With A Victim Participant., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The Continuation Of The Regulation By The Department Of Agriculture Of Persons Selling Processed Meat, And, In Connection Therewith, Clarifying The Statutory Distinction Between Custom Meat Processors And The Sellers Of Home Food Service Plans, Amending Terms To Comport With Current Business Practices, And Increasing Consumer Protections., Colorado General Assembly Jan 2009

Concerning The Continuation Of The Regulation By The Department Of Agriculture Of Persons Selling Processed Meat, And, In Connection Therewith, Clarifying The Statutory Distinction Between Custom Meat Processors And The Sellers Of Home Food Service Plans, Amending Terms To Comport With Current Business Practices, And Increasing Consumer Protections., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Allowing Vehicles With Deficient Splash Guards To Remain In Service For The Limited Time Necessary To Replace The Splash Guards., Colorado General Assembly Jan 2009

Concerning Allowing Vehicles With Deficient Splash Guards To Remain In Service For The Limited Time Necessary To Replace The Splash Guards., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Clarifications To The Law Regarding Testing Illegal Drug Laboratories For Methamphetamine., Colorado General Assembly Jan 2009

Concerning Clarifications To The Law Regarding Testing Illegal Drug Laboratories For Methamphetamine., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The Colorado Traumatic Brain Injury Program., Colorado General Assembly Jan 2009

Concerning The Colorado Traumatic Brain Injury Program., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Authorization For A Regional Transportation Authority To Impose Property Tax., Colorado General Assembly Jan 2009

Concerning Authorization For A Regional Transportation Authority To Impose Property Tax., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The Recognition Of Acequias, And, In Connection Therewith, Authorizing Acequia Ditch Corporations., Colorado General Assembly Jan 2009

Concerning The Recognition Of Acequias, And, In Connection Therewith, Authorizing Acequia Ditch Corporations., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Information Required To Be Provided To The County Assessor Upon Request In Connection With Any Advertisement For The Rental Of Furnished Residential Real Property Within The State., Colorado General Assembly Jan 2009

Concerning Information Required To Be Provided To The County Assessor Upon Request In Connection With Any Advertisement For The Rental Of Furnished Residential Real Property Within The State., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning The Discretionary Authority Of Cooperative Electric Associations To Establish Reasonable Graduated Rates For Increased Energy Consumption By Residential Customers., Colorado General Assembly Jan 2009

Concerning The Discretionary Authority Of Cooperative Electric Associations To Establish Reasonable Graduated Rates For Increased Energy Consumption By Residential Customers., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning Extending The Repeal Date For The Reading Assistance Grant Program., Colorado General Assembly Jan 2009

Concerning Extending The Repeal Date For The Reading Assistance Grant Program., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Concerning An Amendment To The "Colorado Common Interest Ownership Act" To Permit A Unit Owner To Prescribe Specified Conditions In Connection With The Use Of Such Owner's Property That Promote Affordable Housing., Colorado General Assembly Jan 2009

Concerning An Amendment To The "Colorado Common Interest Ownership Act" To Permit A Unit Owner To Prescribe Specified Conditions In Connection With The Use Of Such Owner's Property That Promote Affordable Housing., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.


Aliens In The Garden, Jared A. Goldstein Jan 2009

Aliens In The Garden, Jared A. Goldstein

University of Colorado Law Review

This Article examines environmental rhetoric and argues that a nationalist conception of nature has long distorted environmental policies. Environmental discourse frequently seeks to explain the natural world by reference to the world of nations, a phenomenon that can be characterizeda s the "nationalizationo f nature." A contemporary example of the nationalization of nature is the rhetoric of "Invasive species," which depicts harmful foreign plants and animals in ways that bear an uncanny resemblance to the demonization of foreigners by opponents of immigration. A typical newspaper article about invasive species, bearing the headline "Eeeeek! The eels are coming!," warned about an …


Value-Based Mandated Health Benefits, Amy B. Monahan Jan 2009

Value-Based Mandated Health Benefits, Amy B. Monahan

University of Colorado Law Review

Mandated health benefit laws figure prominently in health reform debates. These laws, which are primarily enacted by the states, require health insurers to cover specific medical treatment, services, or supplies such as mental health treatment, mammograms, or diabetes testing supplies. Critics argue that mandated health benefit laws increase health insurance costs, decrease consumer choice, and often are the product of rent-seeking, rather than sound public policy. This Article seeks to further the discussion of mandated health benefit laws by systemically identifying permissible rationales for such laws. The justifications identified include addressing (1) market failure that leads to nonavailability of coverage, …


A Neglected Option: The Contributions Of State Responsibility For Genocide To Transitional Justice, Saira Mohamed Jan 2009

A Neglected Option: The Contributions Of State Responsibility For Genocide To Transitional Justice, Saira Mohamed

University of Colorado Law Review

Despite the pervasive involvement of government bureaucracies in perpetrating genocide and other atrocities, the international community's efforts to assist societies emerging from these horrors have relied primarily on establishing the guilt of individuals in criminal tribunals, rather than addressing the wrongs committed by governments through other means. The International Court of Justice diverged from this approach to transitional justice when it decided in 2007 that states themselves can be held civilly responsible for committing genocide. Characterizing the decision as reviving the concept of collective guilt in contravention of accepted principles of transitional justice, some warned that holding states responsible for …


The Traveling Librarian: Extending Library Services To A Statewide Judiciary, Robert M. Linz Jan 2009

The Traveling Librarian: Extending Library Services To A Statewide Judiciary, Robert M. Linz

Publications

When patrons can't come to the library, sometimes the librarian must go to the patrons. That is exactly what happened this past year in the state of Colorado.


Table Of Contents (Vol.80, Issue 1) Jan 2009

Table Of Contents (Vol.80, Issue 1)

University of Colorado Law Review

No abstract provided.


Federal Question Jurisdiction And The Federal Arbitration Act, Richard A. Bales, Jamie L. Ireland Jan 2009

Federal Question Jurisdiction And The Federal Arbitration Act, Richard A. Bales, Jamie L. Ireland

University of Colorado Law Review

The Federal Arbitration Act ("FAA") gives signatories to an arbitration agreement the right to have that agreement specifically enforced. The FAA does not, however, confer federal subject matter jurisdiction. Absent federal jurisdiction, a party seeking enforcement under the FAA must sue in state court. State courts, however, are far more likely than federal courts to use state contract law doctrines to avoid enforcing arbitration agreements. This has led parties seeking enforcement to look for other ways into federal court. Some federal courts have found jurisdiction over enforcement actions when the underlying dispute involves a federal question, such as when an …


The Solitary Attempt: International Trade Law And The Insulation Of Domestic Greenhouse Gas Trading Schemes From Foreign Emissions Credit Markets, Elias Leake Quinn Jan 2009

The Solitary Attempt: International Trade Law And The Insulation Of Domestic Greenhouse Gas Trading Schemes From Foreign Emissions Credit Markets, Elias Leake Quinn

University of Colorado Law Review

This Comment examines the influence of international trade agreements on the implementation of a hypothetical, domestically- scaled cap-and-trade scheme to facilitate greenhouse gas emissions reductions in the United States. Several areas of intersection are examined, including the contemplation of the credits as commodities for trade and the construction of measures designed to offset any competitive disadvantage such a system might put on domestic companies. The Comment concludes that a domestically-scaled cap-and-trade scheme, while an important step in mitigating global climate change, is vulnerable to challenges under existing international trade agreements. Such challenges, if successful, may in turn drive the convergence …


Independent Investigations: An Inequitable Out For Employers In Cat's Paw Cases, Sean Ratliff Jan 2009

Independent Investigations: An Inequitable Out For Employers In Cat's Paw Cases, Sean Ratliff

University of Colorado Law Review

This Comment addresses the extent to which judges should be allowed to grant summary judgment for employers who conduct "independent investigations" in cat's paw employment cases. A cat's paw employment case is one in which an employee attempts to hold an employer liable for an adverse action based upon the conduct of a biased supervisor. The supervisor, who lacks decision-making authority, may have influenced or participated in the decision to take the adverse employment action. Currently, the circuits split over the requisite level of influence that the supervisor must have over the ultimate decisionmaker in order to impute liability. This …


Table Of Contents (Vol. 80, Issue 2) Jan 2009

Table Of Contents (Vol. 80, Issue 2)

University of Colorado Law Review

No abstract provided.


Accredited Indians: Increasing The Flow Of Private Equity Into Indian Country As A Domestic Emerging Marke, Gavin Clarkson Jan 2009

Accredited Indians: Increasing The Flow Of Private Equity Into Indian Country As A Domestic Emerging Marke, Gavin Clarkson

University of Colorado Law Review

Indian Country is America's domestic emerging market, and, as in other emerging markets, many successful businesses in Indian Country are starving for expansion capital. The U.S. Treasury estimates that the private-equity deficit in Indian Country is $44 billion. While the handful of wealthier tribes might be logical investors in private-equity funds deploying capital in Indian Country, the existing securities laws present a significant impediment. In particular, Regulation D of the Securities Act of 1933 does not treat tribes as "accredited investors," thus denying those tribes the ability to participate in the private-equity market. Since there is no principled reason to …


Not A Failed Experiment: Wilson-Saucier Sequencing And The Articulation Of Constitutional Rights, Paul W. Hughes Jan 2009

Not A Failed Experiment: Wilson-Saucier Sequencing And The Articulation Of Constitutional Rights, Paul W. Hughes

University of Colorado Law Review

This Article considers the two-part sequencing doctrine used in evaluating the qualified immunity defense to claims that government officials have violated federal constitutional rights. This doctrine--often called Wilson-Saucier sequencing- directs courts to first consider whether a plaintiff has properly alleged a constitutional violation before considering whether the defendant is entitled to qualified immunity. The Supreme Court established this rule to ensure that constitutional and statutory rights are fully articulated and refined. This Article provides a unique, empirical evaluation of the rationale underlying Wilson-Saucier sequencing. By comparing judicial decisions before and after Wilson-Saucier sequencing, it offers evidence that mandatory sequencing is …


Flipping The Script: Contra Proferentem And Standard Form Contracts, David Horton Jan 2009

Flipping The Script: Contra Proferentem And Standard Form Contracts, David Horton

University of Colorado Law Review

Virtually all modern contracts are standard forms. Although courts have long interpreted ambiguities in such agreements strictly against the drafter, they have struggled to explain why they do so. Under sustained academic fire, states are beginning to abandon the strict against-the-drafter doctrine. Recent cases have even refused to certify class actions on the grounds that a corporate defendant's nonnegotiated, unilaterally-dictated contract is ambiguous and thus cannot be construed without individualized extrinsic evidence. This Article claims that the rejection of the strict against-the-drafter rule stems from confusion about its normative foundation. Judges and commentators have offered three rationales for the doctrine: …


The Changing Scope Of The United States' Trust Duties To American Indian Tribes: Navajo Nation V. United States, Kimberly C. Perdue Jan 2009

The Changing Scope Of The United States' Trust Duties To American Indian Tribes: Navajo Nation V. United States, Kimberly C. Perdue

University of Colorado Law Review

The mineral wealth beneath Native American lands has been an enduring source of controversy with respect to treaty relations between Indian Tribes and the United States government and the contours of the United States' trust duties to the Tribes. Whereas in past years the process by which minerals like coal have been converted to capital amounted to blatant exploitation of America's indigenous populations, Indian governments have acquired more control over the extraction of their minerals throughout the twentieth century. That this control remains severely limited both by federal regulations and the United States government's complicity with powerful representatives of the …


The Rocky Path From Section 601 Of The Iirira To Issue- Specific Asylum Legislation Protecting The Parents Of Fgm-Vulnerable Children, Andy Rottman Jan 2009

The Rocky Path From Section 601 Of The Iirira To Issue- Specific Asylum Legislation Protecting The Parents Of Fgm-Vulnerable Children, Andy Rottman

University of Colorado Law Review

Political asylum in the United States is intended to protect those who fear persecution if they are returned to their country of origin. Arguably, the United States asylum system works reasonably well when the asylum seeker fits neatly within the statutory asylum scheme. If, however, asylum seekers' claims fall outside the statute, the asylum system can work inhumane results. In these situations, Congress can use issue-specific legislation to protect a group facing a discrete humanitarian crisis. This was done in section 601 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA"), which explicitly provided asylum protection to …