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Why Waste Water? A Bifurcated Proposal For Managing, Utilizing, And Profiting From Coalbed Methane Discharged Water, Samuel S. Bacon Jan 2009

Why Waste Water? A Bifurcated Proposal For Managing, Utilizing, And Profiting From Coalbed Methane Discharged Water, Samuel S. Bacon

University of Colorado Law Review

The Coalbed Methane ("CBM") industry is booming throughout the Rocky Mountain West, creating a relatively clean energy alternative, much needed jobs in the region, and a deluge of water pumped from the ground in connection with CBM capture. In order to free the valuable natural gas, companies must first pump out substantial quantities of subsurface water holding the pressurized gas in place. This water varies in quality, from perfectly useful, potable water to poor-quality water with the potential to destroy the surrounding environment. Correspondingly, disposal of the pumped water varies from simply releasing it into streams surrounding the CBM pads …

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Table Of Contents (Vol. 80, Issue 3) Jan 2009

Table Of Contents (Vol. 80, Issue 3)

University of Colorado Law Review

No abstract provided.

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The Other Legal Profession And The Orthodox View Of The Bar: The Rise Of Colorado's Elite Law Firms, Eli Wald Jan 2009

The Other Legal Profession And The Orthodox View Of The Bar: The Rise Of Colorado's Elite Law Firms, Eli Wald

University of Colorado Law Review

The current generation of legal profession scholarship has explored the rise and organization of large law firms. A "standard story" has developed regarding the structure of large firms, their hiring and promotion patterns as well as their discriminatory culture, past and present. This Article shows that the "standard story" may offer too narrow an understanding of large firms and the challenges they and the legal profession in general face. It documents the rise of Colorado's largest law firms, examining the background conditions that enabled their emergence, how they came to occupy a dominant position atop the Colorado legal profession, and …

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The Evolving Architecture Of North American Integration, Laura Spitz Jan 2009

The Evolving Architecture Of North American Integration, Laura Spitz

University of Colorado Law Review

Given its potential significance for democracy, sovereignty, government, governance, and justice in each of Canada, the United States, and Mexico, North American integration qua integration has thus far received surprisingly little attention from legal scholars and social scientists. While an expanding body of research explores the dynamics of continental integration in other contexts (especially Europe) and/or examines the meaning of globalization, regionalism, and multilateral internationalism in a general sense, the specific constitution of an integrated North American space remains largely undertheorized. This Article aims to advance the literature in this area by examining legal discourse as an example of the …

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Ineffective Assistance Of Counsel Under People V. Pozo: Advising Non-Citizen Criminal Defendants Of Possible Immigration Consequences In Criminal Plea Agreements, Lindsay Vangilder Jan 2009

Ineffective Assistance Of Counsel Under People V. Pozo: Advising Non-Citizen Criminal Defendants Of Possible Immigration Consequences In Criminal Plea Agreements, Lindsay Vangilder

University of Colorado Law Review

Tens of thousands of non-citizen criminal defendants are removed from the United States each year. The Sixth Amendment of the United States Constitution and United States Supreme Court jurisprudence guarantee that these non-citizen criminal defendants will have effective assistance of criminal defense counsel, whether they elect to proceed to trial or decide to plead guilty. Although prevailing professional norms require that criminal defense counsel advise non-citizen defendants of possible immigration consequences of plea agreements, many courts do not impose a duty to advise on defense counsel. In fact, many courts deem immigration consequences to be collateral consequences rather than direct …

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Class Dismissed: Equal Protection, The "Class-Of-One," And Employment Discrimination After Engquist V. Oregon Department Of Agriculture, Matthew M. Morrison Jan 2009

Class Dismissed: Equal Protection, The "Class-Of-One," And Employment Discrimination After Engquist V. Oregon Department Of Agriculture, Matthew M. Morrison

University of Colorado Law Review

This Note examines whether government employees should be able to assert so-called "class-of-one" claims against public employers under the Fourteenth Amendment's Equal Protection Clause. Traditional equal protection claims allege that the government has impermissibly singled out the plaintiff for disparate treatment on account of his or her race, gender, or some other trait shared with a larger class of individuals. Such claims reflect the traditional understanding of the Equal Protection Clause as a prohibition on discriminatory group classifications. Class-of-one claims, however, merely allege that the plaintiff was intentionally singled out from other similarly situated individuals and subjected to unequal treatment …

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Table Of Contents (Vol. 80, Issue 4) Jan 2009

Table Of Contents (Vol. 80, Issue 4)

University of Colorado Law Review

No abstract provided.

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Modern Lights, Sara C. Bronin Jan 2009

Modern Lights, Sara C. Bronin

University of Colorado Law Review

This Article functions as a companion to a piece, Solar Rights, concurrently published in the Boston University Law Review.1 In that piece, the author analyzed the absence of a coherent legal framework for the treatment of solar rightsthe rights to access and harness the rays of the sun. The growing popularity of, and need for, solar collector technology and other solar uses calls for reform. Answering the call for reform in Solar Rights, this Article proposes a framework within which a solar rights regime might be developed. First, as a baseline, any regime must recognize the natural characteristics of sunlight. …

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New York Climate Change Report Card: Improvement Needed For More Effective Leadership And Overall Coordination With Local Government, Patricia E. Salkin Jan 2009

New York Climate Change Report Card: Improvement Needed For More Effective Leadership And Overall Coordination With Local Government, Patricia E. Salkin

University of Colorado Law Review

Climate change has rapidly become a focal point of international environmental policy debate as countries seek to develop and implement strategies to address the critical need to slow the pace of global warming. In the United States, the failure of the federal government to muster the political will necessary to deal with the challenges on a national level has placed the onus on state and local governments to assume a leadership role. As laboratories of innovation, state and local governments continue to experiment with a wide range of policies and initiatives designed to reduce greenhouse gas emissions, promote the use …

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Toward A Net-Zero Carbon Planet: A Policy Proposal, Matthew J. Kiefer Jan 2009

Toward A Net-Zero Carbon Planet: A Policy Proposal, Matthew J. Kiefer

University of Colorado Law Review

The effort to address climate change is global in scale and increasingly urgent, yet it lacks an effective policy framework. President Obama's determination to elevate clean energy to a national policy priority, Congress's consideration of a federal cap-and-trade regime for greenhouse gases, and the upcoming revisions to the Kyoto Protocol all provide an opportunity to move toward adopting a globally balanced carbon budget. A balanced carbon budget could replace the current, somewhat arbitrary greenhouse gas reduction targets with a scientifically derived calibration limiting global carbon emissions to the rate of carbon absorption. Carbon sub-budgets could then be allocated to each …

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Policy, Urban Form, And Tools For Measuring And Managing Greenhouse Gas Emissions: The North American Problem, Nicole Miller, Duncan Cavens, Patrick Condon, Ronald Kellett Jan 2009

Policy, Urban Form, And Tools For Measuring And Managing Greenhouse Gas Emissions: The North American Problem, Nicole Miller, Duncan Cavens, Patrick Condon, Ronald Kellett

University of Colorado Law Review

The scale of intervention required to reduce and adapt to the effects of climate change will require action at all levels of government and society. International accords and some federal and state governments are beginning to address greenhouse gas reduction targets, but it is at the local level that most decisions about urban form are made. Yet, urban planners and local decision makers generally lack the tools and means needed to make informed choices about the climate change implications of local growth and redevelopment decisions or to measure the effects of their decisions. While a wide spectrum of tools currently …

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A Comment On Making Sustainable Land-Use Planning Work, Peter Pollock Jan 2009

A Comment On Making Sustainable Land-Use Planning Work, Peter Pollock

University of Colorado Law Review

Many models exist for creating better communities: for example, smart growth, new urbanism, and sustainable development. City planners have at their disposal a number of model ordinances and policies that could help communities meet the challenges of climate change and looming changes in transport and energy supply. The problem is not the lack of tools, but other policy issues that stymie their effective application. The localized nature of community planning, the inability to overcome local opposition to redevelopment within existing city boundaries, the lack of rigor in assigning costs to new development, the local competition for taxes, and the legacy …

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Adapting To Post-Oil Futures: Community Action, The Urban Sustainability Retrofit, And The Writings Of James Howard Kunstler, Brian Muller Jan 2009

Adapting To Post-Oil Futures: Community Action, The Urban Sustainability Retrofit, And The Writings Of James Howard Kunstler, Brian Muller

University of Colorado Law Review

James Howard Kunstler has written prolifically about the problems of sustainability and livability in the modern American city. This Essay discusses Kunstler's view of adaptation and compares it to the various efforts underway in cities across the United States to address problems of climate change and resource depletion, which I generally term the urban "sustainability retrofit." Kunstler describes an adaptive path that is brutal, driven by resource scarcity, social collapse, and environmental disaster. Although Kunstler presents an extreme view, this Essay argues that his books are important because they demand that readers reflect about the conditions under which sustainable and …

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Is It The "Real Thing"? How Coke's One-Way Binding Arbitration May Bridge The Divide Between Litigation And Arbitration, Suzette M. Malveaux Jan 2009

Is It The "Real Thing"? How Coke's One-Way Binding Arbitration May Bridge The Divide Between Litigation And Arbitration, Suzette M. Malveaux

Publications

Although the scholarly literature is replete with discussion of the pros and cons of mandatory arbitration and civil litigation, relative to one another, there has been no examination of one-way binding arbitration as a potential bridge between these procedural poles. The goal of this article is to fill that void. One-way binding arbitration requires an employee to use arbitration to resolve workplace disputes, but also gives the employee, but not the employer, the option of rejecting the arbitrator’s decision. In the event the employee is not satisfied with the outcome of arbitration, she can still pursue her claim in court. …

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Sub-National Immigration Regulation And The Pursuit Of Cultural Cohesion, Pratheepan Gulasekaram Jan 2009

Sub-National Immigration Regulation And The Pursuit Of Cultural Cohesion, Pratheepan Gulasekaram

Publications

The past several years have witnessed a significant increase in the volume of state and local laws related to immigration, many of them attempting to increase law enforcement efforts, and deny residency, public benefits, and employment to undocumented immigrants. Ostensibly erected for resource-guarding reasons, these sub-national regulations act as legally constructed walls, closing off local communities to migrants. Proponents of such measures also contend that sub-national closure-especially in the shadow of lax national border control-is critical to cultural stability and preservation. This Article maintains that resource-guarding rationales are proxies for culture-based exclusion. As such, this Article argues that policymakers at …

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"Colonial Cousins: Explaining India And Canada’S Unwritten Constitutional Principles", Vivek Krishnamurthy Jan 2009

"Colonial Cousins: Explaining India And Canada’S Unwritten Constitutional Principles", Vivek Krishnamurthy

Publications

No abstract provided.

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Regulating Interoperability: Lessons From At&T, Microsoft, And Beyond, Philip J. Weiser Jan 2009

Regulating Interoperability: Lessons From At&T, Microsoft, And Beyond, Philip J. Weiser

Publications

Antitrust law confronted the challenges of regulating interoperability between platforms and applications in both the AT&T and Microsoft cases, but it has yet to mine the series of lessons that can inform how to address this challenge going forward. With the Microsoft consent decree still in place, it may too soon to render a final judgment on the remedy adopted in that case as well as to evaluate more generally whether antitrust law is up to the task of developing the institutional strategies - be it the use of technical committees or reliance on standard setting bodies - for addressing …

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The Subprime Crisis And The Link Between Consumer Financial Protection And Systemic Risk, Erik F. Gerding Jan 2009

The Subprime Crisis And The Link Between Consumer Financial Protection And Systemic Risk, Erik F. Gerding

Publications

This Article argues that the current global financial crisis, which was first called the “subprime crisis,” demonstrates the need to revisit the division between financial regulations designed to protect consumers from excessively risky loans and safety-and-soundness regulations intended to protect financial markets from the collapse of financial institutions. Consumer financial protection can, and must, serve a role not only in protecting individuals from excessive risk, but also in protecting markets from systemic risk. Economic studies indicate it is not merely high rates of defaults on consumer loans, but also unpredictable and highly correlated defaults that create risks for both lenders …

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A 'Ho New World: Raced And Gendered Insult As Ersatz Carnival And The Corruption Of Freedom Of Expression Norms, Lolita Buckner Inniss Jan 2009

A 'Ho New World: Raced And Gendered Insult As Ersatz Carnival And The Corruption Of Freedom Of Expression Norms, Lolita Buckner Inniss

Publications

Carnivalization, a concept developed by literary theorist Mikhail Bakhtin and later employed in broad social and cultural contexts, is the tearing down of social norms, the elimination of boundaries, and the inversion of established hierarchies. It is the world turned upside down. Ersatz carnival is a pernicious, inverted form of carnival, one wherein counter-discourses propounded by outsiders are appropriated by elites and frequently redeployed to silence and exclude those same outsiders. The use of the slur "'ho" by gangsta' rappers in the performance of songs that articulate a vision of urban culture is an example of carnivalization. Thus, when words …

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How The New Economics Can Improve Employment Discrimination Law, And How Economics Can Survive The Demise Of The Rational Actor, Scott A. Moss, Peter H. Huang Jan 2009

How The New Economics Can Improve Employment Discrimination Law, And How Economics Can Survive The Demise Of The Rational Actor, Scott A. Moss, Peter H. Huang

Publications

Much employment discrimination law is premised on a purely money-focused "reasonable" employee, the sort who can be made whole with damages equal to lost wages, and who does not hesitate to challenge workplace discrimination. This type of "rational" actor populated older economic models but has been since modified by behavioral economics and research on happiness. Behavioral and traditional economists alike have analyzed broad employment policies, such as the wisdom of discrimination statutes, but the devil is in the details of employment law. On the critical damages-and-liability issues the Supreme Court and litigators face regularly, the law essentially ignores the lessons …

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Reluctant Judicial Factfinding: When Minimalism And Judicial Modesty Go Too Far, Scott A. Moss Jan 2009

Reluctant Judicial Factfinding: When Minimalism And Judicial Modesty Go Too Far, Scott A. Moss

Publications

No abstract provided.

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Crises, Congress, And Cognitive Biases: A Critical Examination Of Food And Drug Legislation In The United States, Sharon B. Jacobs Jan 2009

Crises, Congress, And Cognitive Biases: A Critical Examination Of Food And Drug Legislation In The United States, Sharon B. Jacobs

Publications

No abstract provided.

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Rape, Feminism, And The War On Crime, Aya Gruber Jan 2009

Rape, Feminism, And The War On Crime, Aya Gruber

Publications

Over the past several years, feminism has been increasingly associated with crime control and the incarceration of men. In apparent lock step with the movement of the American penal system, feminists have advocated a host of reforms to strengthen state power to punish gender-based crimes. In the rape context, this effort has produced mixed results. Sexual assault laws that adopt prevailing views of criminality and victimhood, such as predator laws, enjoy great popularity. However, reforms that target the difficulties of date rape prosecutions and seek to counter gender norms, such as rape shield and affirmative consent laws, are controversial, sporadically-implemented, …

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Spam Jurisprudence, Air Law, And The Rank Anxiety Of Nothing Happening (A Report On The State Of The Art), Pierre Schlag Jan 2009

Spam Jurisprudence, Air Law, And The Rank Anxiety Of Nothing Happening (A Report On The State Of The Art), Pierre Schlag

Publications

In 1969, I saw The Endless Summer. It was a surfer movie about two guys (Robert and Mike) who traveled the world in search of the perfect wave. High art -- it was not. Plus the plot was thin. And it's for sure, there weren't enough girls. But there was one line which, for my generation, will go down as one of the all-time great movie lines ever. And always it was a line delivered by some local to Robert and Mike, the surfer dudes, as they arrived on the scene of yet another dispiritingly becalmed ocean. And every …

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Whose Sustainable Development? Sustainable Development Under The Kyoto Protocol, The Coldplay Effect And The Cdm Gold Standard, Sam Headon Jan 2009

Whose Sustainable Development? Sustainable Development Under The Kyoto Protocol, The Coldplay Effect And The Cdm Gold Standard, Sam Headon

Colorado Environmental Law Journal

No abstract provided.

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Table Of Contents, Colorado Journal Of International Environmental Law And Policy Jan 2009

Table Of Contents, Colorado Journal Of International Environmental Law And Policy

Colorado Environmental Law Journal

No abstract provided.

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Whose Sustainable Development? Sustainable Development Under The Kyoto Protocol, The "Coldplay Effect," And The Cdm Gold Standard, Sam Headon Jan 2009

Whose Sustainable Development? Sustainable Development Under The Kyoto Protocol, The "Coldplay Effect," And The Cdm Gold Standard, Sam Headon

Colorado Environmental Law Journal

No abstract provided.

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Table Of Contents, Colorado Journal Of International Environmental Law And Policy Jan 2009

Table Of Contents, Colorado Journal Of International Environmental Law And Policy

Colorado Environmental Law Journal

No abstract provided.

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Table Of Contents, Journal On Telecommunications & High Technology Law Jan 2009

Table Of Contents, Journal On Telecommunications & High Technology Law

Colorado Technology Law Journal

No abstract provided.

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Antitrust Oversight Of An Antitrust Dispute: An Institutional Perspective On The Net Neutrality Debate, Jonathan E. Nuechterlein Jan 2009

Antitrust Oversight Of An Antitrust Dispute: An Institutional Perspective On The Net Neutrality Debate, Jonathan E. Nuechterlein

Colorado Technology Law Journal

No abstract provided.

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