Digital Commons Network^™

Defining The Scope Of Fiduciary Liability, Paul Miller

Journal Articles

The Supreme Court of Canada has won faint praise and significant criticism for its fiduciary jurisprudence over the past few decades. In prior work, I have come to the partial defence of the Court, commending it for its willingness to confront key questions going to the structure and scope of fiduciary liability, and equally for its interest in ensuring that the law's elasticity is not lost to unreflective adherence to custom and convention. By contrast, peer courts in other jurisdictions have been much less open and creative in addressing questions concerning fiduciary law's general principles and, as a result, the …

States Of Dependency: Welfare, Rights, And American Governance, 1935-1972, Barry Cushman

Journal Articles

Reviewing Karen M. Tani, States of Dependency: Welfare, Rights, and American Governance, 1935-1972, New York: Cambridge University Press, 2016. Pp. xiii+427. $99.99 cloth (ISBN 1-1070-7684-6); $34.99 paper (ISBN 1-1074-3408-4). doi: 10.101 7/SO73 8248016000626

[Review Of The Book Brown Girl Dreaming, By J. Woodson], Kaavonia Hinton

Teaching & Learning Faculty Publications

[Introduction] Jacqueline Woodson is an award-winning children's literature author, who, early in her career, was touted by renowned children's literature sholar Rudine Sims Bishop as one of the most promising children's literature authors of her generation. Lauded for her ability to write honestly about social issues, marginalized youth, and popular culture, Woodson, to date, has written over twenty-five texts for youth, spanning several genres- from novels and picture books to books-in-verse and short stories. She is, as predicted, a major voice in children's literature. In Brown Girl Dreaming, a book written for youth, Woodson explores how she learned to develop …

Complex Adaptive Behavior Of Hybrid Teams, Mustafa Canan, Andres Sousa-Poza, Anthony Dean

Engineering Management & Systems Engineering Faculty Publications

The challenges in uncertain, dynamic and complex military operation environments exceed the problem-solving capabilities of individuals. Problem-solving has become a team task. These [hybrid] teams, which typically include machine and human elements, utilize autonomy and artificial intelligence to enhance the quality of actionable information and decision-making capabilities in solving complex problems. For this to be effective, shared mental models must be developed by teams. This demands adaptive behavior of team members to establish a common understanding, and its members to respond to the changes in complex dynamic environments.

In this paper, we introduce a mathematical formalization of an interaction platform …

Overview Of Metrics, Models, And Simulation For Cyber-Physical Systems, Barry C. Ezell, Luanne Burns Chamberland

VMASC Publications

The metric, models, and simulation for Cyber-Physical Systems focuses on the different frameworks that have been operationalized so that cyber-physical systems can be baselined in security. In addition, the minitrack is interest in innovations in decision support such as cost effective means to decide what metrics should be addressed to get the best value in cybersecurity. There are many challenges to overcome in cyber-physical systems. We ask: How should frameworks be operationalized? What methodologies are available to quantify cybersecurity frameworks while accounting for cyber-physical interactions into account.

Creative Confidence In Organizational Knowledge Creation: A Synthesis Of The Literature, Elnaz Dario, Rafael Landaeta, Resit Unal, E.H. Ng. (Ed.), B. Nepal (Ed.), E. Schott (Ed.)

Engineering Management & Systems Engineering Faculty Publications

Creative confidence is a newly rising topic in the innovation study area. In a world where creativity has become a vital source of knowledge creation, not believing in one's own creative capacity could be a barrier. At the organizational level, many good ideas are disappearing before ever being written down or shared. Organizations may lose talented people who have great creative potential by either not giving them the opportunity to express their creative ideas or due to a lack of confidence from the employee side, in sharing these ideas. This paper will contribute to the research stream on the role …

Longitudinal Academic Performance Analysis Using A Two-Step Clustering Methodology, Volkan Cakir, Adrian Gheorghe

Engineering Management & Systems Engineering Faculty Publications

The present study aims to examine the academic profiles of industrial engineering undergraduate students among a sample group of military college engineering students (N=276) in order to determine the factors impacting academic performance; to compare student groups that were identified by course scores, and to analyse performance changes over four academic years. The study started with data collection, database creation and preparation for clustering study. A two-step clustering methodology was used for grouping courses based on academic performance and context similarities. The clustering methodology results are validated by discriminant analysis. Student movements among clusters over the four years are identified …

A Contextual Approach To Harmless Error Review, Justin Murray

Publications

Harmless error review is profoundly important, but arguably broken, in the form that courts currently employ it in criminal cases. One significant reason for this brokenness lies in the dissonance between the reductionism of modern harmless error methodology and the diverse normative ambitions of criminal procedure. Nearly all harmless error rules used by courts today focus exclusively on whether the procedural error under review affected the result of a judicial proceeding. I refer to these rules as “result-based harmless error review.” The singular preoccupation of result-based harmless error review with the outputs of criminal processes stands in marked contrast with …

Beyond Administrative Tunnel Vision: Widening The Lens Of Costs And Benefits, Govind Persad

Publications

Choices in one sector or department of public policy, such as health, frequently produce costs and benefits in other sectors, such as education or the environment. In this article, I argue that administrators should not make decisions in ways that ignore effects on other policy sectors, and arguablythough more debatably-should not give special priority to the interests of their own sector In Part I, I review contexts where administrators are directed to ignore or give a lower priority to effects on other policy sectors. In Part II, I lay out an argument that agencies should not ignore these effects (using …

Table Of Contents (Vol.88, Issue 1)

University of Colorado Law Review

No abstract provided.

Judges' Varied Views On Textualism: The Roberts-Alito Schism And The Similar District Judge Divergence That Undercuts The Widely Assumed Textualism-Ideology Correlation, Scott A. Moss

University of Colorado Law Review

No abstract provided.

Chilling Rights, Toni M. Massaro

University of Colorado Law Review

A persistent trope in free speech doctrine is that overbroad laws chill protected expression and compromise the breathing room needed for a vibrant marketplace of ideas. The conventional restrictions on facial challenges of measures that sweep beyond legitimate regulatory zones are relaxed. Whether and to what extent this liberal approach to judicial review actually governs in free speech law and not elsewhere, and whether this is constitutionally or normatively defensible, have been the subject of considerable and exceptionally insightful scholarship. Yet the United States Supreme Court has given the best of this work slight notice.

This Article proposes a new …

Reviving Reliance, Ann Lipton

Publications

This Article explores the misalignment between the disclosure requirements of the federal securities laws and the private causes of action available to investors to enforce those requirements.

Historically, federally mandated disclosures were designed to allow investors to set an appropriate price for publicly traded securities. Today's disclosures, however, also enable stockholders to participate in corporate governance and act as a check on managerial misbehavior. To enforce these requirements, investors' chief option is a claim under the general antifraud statute, section 10(b) of the Securities Exchange Act of 1934. But courts are deeply suspicious of investors' attempts to use the Act …

Family Loyalty: Mutual Fund Voting And Fiduciary Obligation, Ann Lipton

Publications

In recent years, institutional investors have increasingly come to dominate the market for publicly-traded stock. Mutual funds have become especially important, controlling trillions of dollars of corporate equity.

The United States Securities and Exchange Commission ("SEC") has made it clear that it is the fiduciary responsibility of fund administrators to vote their shares in a manner that benefits investors in the fund. Sponsoring companies have responded by creating centralized research offices that determine the voting policies across all the funds they administer. Though there may be some variation at the individual fund level, most fund families vote as a block. …

Introduction: The Power Of New Data And Technology, Laura E. Dolbow

Publications

No abstract provided.

Immigration Exceptionalism, Pratheepan Gulasekaram, David S. Rubenstein

Publications

The Supreme Court's jurisprudence is littered with special immigration doctrines that depart from mainstream constitutional norms. This Article reconciles these doctrines of "immigration exceptionalism" across constitutional dimensions. Historically, courts and commentators have considered whether immigration warrants exceptional treatment as pertains to rights, federalism, or separation of powers-as if developments in each doctrinal setting can be siloed. This Article rejects that approach, beginning with its underlying premise. Using contemporary examples, we demonstrate how the Court's immigration doctrines dynamically interact with each other, and with politics, in ways that affect the whole system. This intervention provides a far more accurate rendering of …

Averting Robot Eyes, Margot Kaminski, Matthew Rueben, William D. Smart, Cindy M. Grimm

Publications

Home robots will cause privacy harms. At the same time, they can provide beneficial services—as long as consumers trust them. This Essay evaluates potential technological solutions that could help home robots keep their promises, avert their eyes, and otherwise mitigate privacy harms. Our goals are to inform regulators of robot-related privacy harms and the available technological tools for mitigating them, and to spur technologists to employ existing tools and develop new ones by articulating principles for avoiding privacy harms.

We posit that home robots will raise privacy problems of three basic types: (1) data privacy problems; (2) boundary management problems; …

Beyond Zero-Sum Environmentalism, Sarah Krakoff, Shalanda Baker, Robin Kundis Craig, John Dernbach, Keith Hirokawa, Jessica Owley, Melissa Powers, Shannon Roesler, Jonathan Rosenbloom, J.B. Ruhl, Jim Salzman, Inara Scott, David Takacs

Publications

No abstract provided.

Incorporating Race Into Your Legal Research Class, Shamika Dalton

Publications

No abstract provided.

Collaborating For Metadata Creation On Digital Projects: Using Google Forms And Sheets, R. Cecilia Knight, Elizabeth Rodrigues, Rebecca Ciota

Publications

No abstract provided.

Achieving American Retirement Prosperity By Changing Americans' Thinking About Retirement, Peter H. Huang

Publications

There are many decisions that Americans have to make about retirement before, at, and after retirement. For example, Americans have to decide when to start saving for retirement, how much to save, how to invest those savings, when to retire, when to claim social security, and how to take required minimum distributions from 401(k) plans or Individual Retirement Accounts. Different things can go wrong at each of these decisions for different reasons. Many Americans, for various reasons, including insufficient energy, money, motivation, time, and understanding, do no retirement planning. Some Americans do some retirement planning, yet worry they are doing …

The Wages Of Genetic Entitlement: The Good, The Bad, And The Ugly In The Rape Survivor Child Custody Act, Jennifer S. Hendricks

Publications

This Essay analyzes flaws and assumptions in the recently enacted Rape Survivor Child Custody Act. The RSCCA offers a window into the problems with defining parenthood in terms of genes instead of caretaking relationships, which is what led to the problem of rapists being able to claim parental rights in the first place. Rather than address that underlying defect in family law, the statute attempts a solution that might work if all rapists were strangers, all rapists were men, and all rape victims were women, but glosses over complicated problems of violence and coercion in relationships. Despite this failure to …

Research Algorithms Have A Point Of View: The Effect Of Human Decision Making On Your Search Results, Susan Nevelow Mart

Publications

No abstract provided.

Rules For Digital Radicals, Scott Skinner-Thompson

Publications

No abstract provided.

The Modern Class Action Rule: Its Civil Rights Roots And Relevance Today, Suzette M. Malveaux

Publications

The modern class action rule recently turned fifty years old — a golden anniversary. However, this milestone is marred by an increase in hate crimes, violence and discrimination. Ironically, the rule is marking its anniversary within a similarly tumultuous environment as its birth — the civil rights movement of the 1960’s. This irony calls into question whether this critical aggregation device is functioning as the drafters intended. This article makes three contributions.

First, the article unearths the rule’s rich history, revealing how the rule was designed in 1966 to enable structural reform and broad injunctive relief in civil rights cases. …

Class Actions, Civil Rights, And The National Injunction, Suzette M. Malveaux

Publications

This essay is a response to Professor Samuel Bray’s article proposing a blanket prohibition against injunctions that enjoin a defendant’s conduct with respect to nonparties. He argues that national injunctions are illegitimate under Article III and traditional equity and result in a number of difficulties.

This Response argues, from a normative lens, that Bray’s proposed ban on national injunctions should be rejected. Such a bright-line rule against national injunctions is too blunt an instrument to address the complexity of our tripartite system of government, our pluralistic society and our democracy. Although national injunctions may be imperfect and crude forms of …

The Chow: Depictions Of The Criminal Justice System As A Character In Crime Fiction, Marianne Wesson

Publications

Having been honored by a request to contribute to a Symposium honoring my talented friend Alafair Burke, I composed this essay describing the various ways the criminal justice system has been depicted in English-language crime fiction. This survey, necessarily highly selective, considers portrayals penned by writers from Dickens to Tana French. Various dimensions of comparison include the authors’ apparent beliefs about the rule of law (from ridiculously idealistic to uncompromisingly cynical), the characters’ professional perspectives (private detective, police officer, prosecutor, defense lawyer, judge, victim, accused), and the protagonists’ status as institutional insiders or outsiders or occupants of the uncomfortable middle. …

Book Review, Anna Spain Bradley

Publications

No abstract provided.

Operationalizing Free, Prior, And Informed Consent, Carla F. Fredericks

Publications

The UN Declaration on the Rights of Indigenous Peoples (UNDRIP) has acknowledged varying ways in which international actors can protect, respect and remedy the rights of indigenous peoples. One of these methods is the concept of free, prior and informed consent (FPIC) as described in Articles 10, 19, 28 and 29. There has been much debate in the international community over the legal status of the UNDRIP, and member states have done little to implement it. In applied contexts, many entities like extractive industries and conservation groups are aware of risks inherent in not soliciting FPIC and have endeavored to …

Agency Innovation In Vermont Yankee's White Space, Emily S. Bremer, Sharon B. Jacobs

Publications

The literature on “agency discretion” has, with a few notable exceptions, largely focused on substantive policy discretion, not procedural discretion. In this essay, we seek to refocus debate on the latter, which we argue is no less worthy of attention. We do so by defining the parameters of what we call Vermont Yankee’s “white space” — the scope of agency discretion to experiment with procedures within the boundaries established by law (and thus beyond the reach of the courts). Our goal is to begin a conversation about the dimensions of this procedural negative space, in which agencies are free …