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Catholic Action In Twentieth-Century Oregon: The Divergent Political And Social Philosophies Of Hall S. Lusk And Francis J. Murnane, Ian Alan Berge

Dissertations and Theses

Catholic Action was an international movement that encouraged active promotion of the Catholic faith by ordinary believers. While the idea gained force at a local level in Italy in the early twentieth century, Pope Pius XI gave the philosophy official Church approval in 1931. Catholic Action served as a major intellectual and religious force among American Catholics from the Great Depression until the transformations in Catholicism caused by the Second Vatican Council from 1962 to 1965. The program encouraged American Catholics both to promote the practice of the faith among fellow Church members and to express Catholic teachings in the …

Red-Shouldered Hawk (Buteo Lineatus) Predation Of Turtles In Central Florida, Timothy J. Walsh, George L. Heinrich

Florida Field Naturalist

No abstract provided.

Stare Decisis In The Second-Best World, Randy J. Kozel

Journal Articles

If judges disagree about the proper interpretation of the law, can they find common ground in the treatment of precedent? The doctrine of stare decisis weighs the value of legal continuity against the value of legal accuracy. But that analysis is complicated by pervasive disputes over the implications of legal error. Likewise, the scope of a precedent's impact in future cases depends on underlying assumptions about the ends and means of legal interpretation. When those assumptions vary among judges, so too will applications of stare decisis. For stare decisis to promote the continuity and impersonality of law, it requires an …

Polycarp's Dilemma: A Discussion Of Nicholas Wolterstorff's The Mighty And The Almighty: An Essay In Political Theology, Richard W. Garnett

Journal Articles

The Mighty and the Almighty: An Essay in Political Theology. By Nicholas Wolterstorff. Cambridge: Cambridge University Press, 2012. Pp. 190. $94.00 (cloth). ISBN: 9781107027312. $29.99 (paper). ISBN: 9781107673809.

From the Review

In March of 2014, a distinguished group of scholars from a variety of institutions and disciplines gathered at Notre Dame Law School to discuss and appreciate Nicholas Wolterstorff's 2012 book, The Mighty and the Almighty: An Essay in Political Theology. This stimulating conversation, like several other similar events at Notre Dame in recent years, was convened and supported by the Law School's Program on Church, State, and …

Challenges For Developing Complex System Governance, Charles B. Keating, Polinpaplinho F. Katina, Joseph M. Bradley, Sila Çetinkaya (Ed.), J. K. Ryan (Ed.)

Engineering Management & Systems Engineering Faculty Publications

This paper examines the challenges and practice implications for Complex System Governance (CSG). CSG is presented as an emerging field focused on the design, execution, and evolution of the higher order (metasystem) functions necessary to provide control, communication, coordination, and integration of a complex system. This paper is focused on three primary objectives. First, we introduce the complex system problem domain that the CSG field is being designed to address. The pervasiveness of this problem domain is demonstrated by a short examination of the water utilities sector. Second, we expound the nature of CSG and an emerging reference model …

Romania's Participation To The European Assessment Project Titled Hyunder, Multi-Criterial Analyses Of Salt Cavern Locations, Ioan Iordache, Dorin Schitea, Adriana Marinoiu, Mihaela Buga, Mihai Balan, Ioan Stefanescu, Adrian Gheorghe, Mihaela Iordache, Viviana Cigolotti (Ed.), Chiara Barchiesi (Ed.), Michela Chianella (Ed.)

Engineering Management & Systems Engineering Faculty Publications

The scope of the work is to assess the potential, the actors and relevant business cases for large scale storage of renewable electricity by hydrogen underground storage in Romania. This presentation intends to provide a picture of the multi-criterial analyses of salt cavern locations in Romania.

The energy sector is facing with the necessity to store large energy quantities for short to long term in order to adapt to the increasingly intermittent renewable energy. The results of this presentation have originated from an ongoing European assessment project by the name of HyUnder (FCH JU, grant 303417) regarding utilization of salt …

More Than A Woman: Insights Into Corporate Governance After The French Sex Quota, Daria Roithmayr

Publications

In 2011, France enacted a Corporate Board Quota to establish a forty percent floor for either sex on corporate boards. Existing literature presumes that women will change the way firms function and that their presence in upper management will improve both governance and financial returns. To assess the potential impact of the quota, we interviewed twenty-four current and former corporate board members. Our analysis of these interviews generates two findings. First, our results indicate that, at least in the view of board members, the sex quota has had an impact on the process of board decision-making, but adding women has …

The Medical Cost Pandemic:Why Limiting Access To Cost-Effective Treatments Hurts The Global Poor, Govind Persad

Publications

Medical innovation in developed countries like the U.S. leads to an ever-changing medical standard of care. This innovation frequently also brings rising costs. While these costs strain even the sizeable health care budgets of developed countries, imposing them on developing countries would be much more burdensome. Yet a variety of commentators and legal actors, such as the World Health OrganiZation and UNAIDS, have argued that the same standards of care must be provided worldwide, and have enforced mandates to that effect. Interpretations of the human rght to health as a tight to the "highest attainable standard of health" similarly advance …

Playing Cowboys And Iranians: Selective Colorblindness And The Legal Construction Of White Geographies, John Tehranian

University of Colorado Law Review

This Article examines the selective invocation of colorblindness in legal and political discourse and argues that the trope has served as a powerful vehicle for the creation, perpetuation, and patrolling of white geographiesspaces characterized by an implicit hierarchy privileging white racial identity. After assessing the new rhetoric of race in the Age of Obama, the Article focuses on identifying and deconstructing the modern paradox of colorblindness jurisprudence. On the one hand, the courts have increasingly hewed to a colorblind vision of the Constitution when weighing the permissibility of race-based admissions and hiring programs for traditionally disadvantaged minorities. And, yet, on …

Getting Even Less Than What They Paid For: The Plight Of Generic Drug Consumers Under The Levine-Mensing Dichotomy, Vikrama Chandrashekar

University of Colorado Law Review

The Drug Price Competition and Patent Restoration Act of 1984, known as the Hatch-Waxman Amendments, allows manufacturers to begin developing generic versions of patented, brand-name pharmaceuticals while the patent terms are in force, and to bring those generic versions to market as soon as the patent terms expire. The generic versions are to mimic the brand-name drug in every respect; thus, they are produced at a significantly reduced cost, and those savings are passed on to generic drug consumers. Under federal regulations, a generic drug's label must also mimic that of the brand-name drug, and generic drug manufacturers may not …

Recall Me Maybe? The Corrosive Effect Of Recall Elections On State Legislative Politics, Zachary J. Siegel

University of Colorado Law Review

For the first time in Colorado's 137-year history, voters in two districts recalled their state senators from office in September 2013. Although the event prompted significant debate over the controversial gun legislation that sparked the grassroots efforts to trigger the recall elections, discussion generally overlooked the implications of using political recall altogether-implications that concern the very foundation of American democracy: the role of the legislator. This Comment aims to fill that gap, examining politically motivated recalls in the context of state legislatures. Using the recent Colorado examples as a case study, this Comment argues that increased use of the tactic …

Complicity And Strict Liability: A Logical Inconsistency?, Michael Bohan

University of Colorado Law Review

"[T]o make a complete crime, cognizable by human laws, there must be both a will and an act.., an unwarrantable act without a vicious will is no crime at all. "I The term "vicious will" illustrates the relationship between blameworthiness and punishment; the foundation of all criminal law, and the justification for the doctrine of complicity liability. The Colorado Supreme Court recently granted certiorari review of People v. Childress, a case in which the Court of Appeals held that one cannot be complicit in a strict liability crime. This holding is difficult to reconcile with Colorado's application of the complicity …

The Adventure Of The Shrinking Public Domain, Elizabeth L. Rosenblatt

University of Colorado Law Review

Several scholars have explored the boundaries of intellectual property protection for literary characters. Using as a case study the history of intellectual property treatment of Arthur Conan Doyle's fictional character Sherlock Holmes, this Article builds on that scholarship, with special attention to characters that appear in multiple works over time, and to the influences of formal and informal law on the entry of literary characters into the public domain. While copyright protects works of authorship only for a limited time, copyright holders have sought to slow the entry of characters into the public domain, relying on trademark law, risk aversion, …

Privatization And Its Discontents: The Troubling Record Of Privatized Prison Health Care, Dan Weiss

University of Colorado Law Review

As part of a decades-long national trend towards privatization, local governments have turned to private contractors to provide health care in American prisons and jails. Ostensibly, the driving force behind this phenomenon is a desire to cut costs in an era of expanding prison health care expenditures and contracting governmental revenue streams. Local government officials build the cost-cutting incentive directly into their contracts via fixed-rate payment structures and cost-sharing provisions for off-site emergency treatment. While these contracts encourage cost-reduction, they simultaneously discourage proper oversight; their indemnification clauses render local governments largely immune from financial consequences when contractors deny emergency care …

Tribes As Innovative Environmental "Laboratories", Elizabeth Ann Kronk Warner

University of Colorado Law Review

Tribes are not vestiges of the past, but laboratories of the future. - Vine Deloria, Jr1. Indian tribes, because of their distinctive regulatory authority and significant connection to the environment, possess unique capacities to innovate within the field of environmental law in the over fifty-six million acres that make up Indian country. This Article-the first scholarly work to address this aspect of tribal environmental law advocates for the idea of tribes as "laboratories" for examining environmental regulation. Tribes enact environmental regulation by two primary means-in their capacity as "tribes as states" (TAS) and in their capacity as inherent sovereigns-both of …

How National Park Law Really Works, John Copeland Nagle

University of Colorado Law Review

This Article provides the first explanation of the relationship between three overlapping sources of national park law. It first explains how the Organic Act affords the National Park Service substantial discretion to manage the national parks, including deciding the proper balance between enjoyment and conservation in particular instances. It next shows how federal environmental statutes push national park management toward preservation rather than enjoyment. Finally, the Article explains that Congress often intervenes to mandate particular management outcomes at individual parks, typically but not always toward enjoyment rather than preservation. The result is that the National Park Service has substantial discretion …

Intrastate Preemption In The Shifting Energy Sector, Uma Outka

University of Colorado Law Review

The United States energy sector is in a state of transition, at once moving toward cleaner energy resources, but also expanding the use of fossil fuels with new access to oil and gas plays. Although federalism concerns have dominated the literature, I argue here that the state-local relationship and intrastate preemption are shaping energy policy in important and under-examined ways. The energy transition to date has been marked by growth centered on hydraulic fracturing (fracking) and commercial wind development, both of which are mostly regulated at the state level. Local governments have exerted authority over both forms of energy production, …

Looking Inward: Domestic Policy For Climate Change Refugees In The United States And Beyond, Carey Degenaro

University of Colorado Law Review

No abstract provided.

The Problems Inherent In Litigating Employer Free Exercise Rights, Henry L. Chambers Jr.

University of Colorado Law Review

No abstract provided.

Litigating Against The Civil Rights Movement, Christopher W. Schmidt

University of Colorado Law Review

No abstract provided.

A Prospect Theory Of Privacy, Bryan H. Choi

Publications

Privacy law has languished for decades while the other information law doctrines have flourished. This paradox can be explained by the relative weight assigned respectively to moral argument versus economic argument. Privacy law is unique in that it continues to be steered foremost by moral intuition. What qualifies as a "violation" of privacy is predicated largely on the moral reprehensibility of the act in question. By stark contrast, the intellectual property regimes have long since converted to being led primarily by economic considerations, and only secondarily by noneconomic factors.

That distinction is counterproductive and nonsensical. Personal data is an informational …

For Whom The Data Tolls: A Reunified Theory Of Fourth And Fifth Amendment Jurisprudence, Bryan H. Choi

Publications

Data privacy demands a reunified theory of the Fourth and Fifth Amendments. Data technologies allow personal information to be disembodied from physical bodies and “possessed” simultaneously by both first persons and third parties. As a result, the government has been able to use a divide-and-conquer strategy to obtain incriminating evidence alternately from the data intermediary or from the suspect.

Currently, Fourth Amendment doctrine and Fifth Amendment doctrine work at cross-purposes. The privacy community has already sounded the alarm on the “third-party doctrine,” which allows the government to sidestep the Fourth Amendment when demanding evidence from third parties. But few have …

Distributed, Nega-, And Reclaimed: Setting Expectations In The "New" Resource Base, Michael Pappas

Publications

No abstract provided.

Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Maori People In New Zealand, S. James Anaya

Publications

No abstract provided.

Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In The Republic Of The Congo, S. James Anaya

Publications

No abstract provided.

A Provocative Defense, Aya Gruber

Publications

It is common wisdom that the provocation defense is, quite simply, sexist. For decades, there has been a trenchant feminist critique that the doctrine reflects and reinforces masculine norms of violence and shelters brutal domestic killers. The critique is so prominent that it appears alongside the doctrine itself in leading criminal law casebooks. The feminist critique of provocation embodies several claims about provocation's problematically gendered nature, including that the defense is steeped in chauvinist history, treats culpable sexist killers too leniently, discriminates against women, and expresses bad messages. This Article offers a (likely provocative) defense of the provocation doctrine. While …

The Law's Clock, Frederic Bloom

Publications

Time is everywhere in law. It shapes doctrines as disparate as ripeness and retroactivity, and it impacts litigants of every status and type--the eager plaintiff who brings her case too early, the death-row inmate who seeks his stay too late. Yet legal time is still scarcely studied, and it remains poorly understood. This Article makes new and better sense of that time. It begins with an original account of time as a tool of institutional power, tracking the relocation of that power from the first western cathedrals to the earliest Supreme Court. It then links time's revealing past to our …

When Theory Met Practice: Distributional Analysis In Critical Criminal Law Theorizing, Aya Gruber

Publications

Progressive (critical race and feminist) theorizing on criminal law exists within an overarching American criminal law culture in which the U.S penal system has become a "peculiar institution" and a defining governance structure. Much of criminal law discourse is subject to a type of ideological capture in which it is natural to assume that criminalization is a valid, if not preferred, solution to social dysfunction. Accordingly, progressives’ primary concerns about harms to minority victims takes place in a political-legal context in which criminalization is the technique of addressing harm. In turn, progressive criminal law theorizing manifests some deep internal tensions. …

The More Things Change . . . : Exploring Solutions To Persisting Discrimination In Legal Academia, Melissa Hart

Publications

No abstract provided.

Reflections On Teaching Business Associations: The Case For Teaching More Agency And Unincorporated Business Entity Law, Mark J. Loewenstein

Publications

This paper argues for increased coverage of the law of agency and alternative entities in business associations courses.