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2021

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"Make The Map All White": The Meaning Of Maps In The Prohibition And Suffrage Campaigns, Susan Schulten Jan 2021

"Make The Map All White": The Meaning Of Maps In The Prohibition And Suffrage Campaigns, Susan Schulten

University of Colorado Law Review

Maps.have long been deployed as instruments of power, protest, and reform in American history. In the antebellum era, Northerners used maps to galvanize opposition to the expansion of slavery beyond the South. These dramatic and urgent anti-slavery maps served as powerful models for two of the most ambitious challenges to American law in the twentieth century: prohibition and woman's suffrage. Both movements began with regional strengths-suffrage in the West, prohibition in the South. Suffragists and prohibitionists widely circulated maps to highlight those legislative achievements and thereby generate further momentum for their respective causes. After 1913, both the suffrage and prohibition …


Table Of Contents (Vol. 92, Issue 4) Jan 2021

Table Of Contents (Vol. 92, Issue 4)

University of Colorado Law Review

No abstract provided.


Introduction To The Symposium: The Stakes For Critical Legal Theory, Elizabeth S. Anker, Justin Deystone Jan 2021

Introduction To The Symposium: The Stakes For Critical Legal Theory, Elizabeth S. Anker, Justin Deystone

University of Colorado Law Review

No abstract provided.


The Critique And Praxis Of Rights, Bernard E. Harcourt Jan 2021

The Critique And Praxis Of Rights, Bernard E. Harcourt

University of Colorado Law Review

No abstract provided.


Critical Legal Thought: The Case For A Jurisprudence Of Distribution, Paulo Borrozo Jan 2021

Critical Legal Thought: The Case For A Jurisprudence Of Distribution, Paulo Borrozo

University of Colorado Law Review

No abstract provided.


From The Crisis Of Critique To The Critique Of Crisis, Ben Golder Jan 2021

From The Crisis Of Critique To The Critique Of Crisis, Ben Golder

University of Colorado Law Review

No abstract provided.


Making The Critical Moves: A Top Ten In Progressive Legal Scholarship, Jorge L. Esquirol Jan 2021

Making The Critical Moves: A Top Ten In Progressive Legal Scholarship, Jorge L. Esquirol

University of Colorado Law Review

No abstract provided.


Past Prescient, Christopher Tomlins Jan 2021

Past Prescient, Christopher Tomlins

University of Colorado Law Review

No abstract provided.


The Future Of Facts: The Politics Of Public Health And Medicine In Abortion Law, Aziza Ahmed Jan 2021

The Future Of Facts: The Politics Of Public Health And Medicine In Abortion Law, Aziza Ahmed

University of Colorado Law Review

While a great deal of public scrutiny has focused on how information circulates through online outlets including Twitter and Facebook, less attention has been devoted to how more traditional institutions traffic in factual assertions for the sake of setting a particular distributional agenda into motion.1 Of these more traditional institutions, courts play a central role in legitimating legal and factual claims in the process of applying and clarifying legal rules. In public health-related adjudication, courts play at least two important roles: first, judges and juries make decisions between competing sets of public health and medical claims and second, courts legitimate …


The Common Law And Critical Theory, Charles L. Barzun Jan 2021

The Common Law And Critical Theory, Charles L. Barzun

University of Colorado Law Review

No abstract provided.


Racializing Environmental Justice, Eric K. Yamamoto, Jen-L W. Lyman, Susan K. Serrano Jan 2021

Racializing Environmental Justice, Eric K. Yamamoto, Jen-L W. Lyman, Susan K. Serrano

University of Colorado Law Review

No abstract provided.


Presidents And The U.S. Constitution: The Executive’S Role In Interpreting The Supreme Law Of The Land, Mitchell Scacchi Jan 2021

Presidents And The U.S. Constitution: The Executive’S Role In Interpreting The Supreme Law Of The Land, Mitchell Scacchi

Honors Theses and Capstones

In 1832, President Andrew Jackson issued a veto message claiming the same duty as the Supreme Court to interpret the U.S. Constitution. Do modern presidents exercise the principal role in interpreting the U.S. Constitution that President Jackson claimed was their duty, and, if so, in what ways do they choose to articulate their interpretations? The hypothesis is that modern presidents have exercised a principal role in interpreting the U.S. Constitution similar to the interpretative duty expressed by President Jackson, and they perform this duty, in part, through the issuance of veto messages and signing statements. After a content analysis of …


Does The Emigration Of Skilled Labor From Hungary Merit Being Called A Brain Drain?, Alexa Marie Mayo Jan 2021

Does The Emigration Of Skilled Labor From Hungary Merit Being Called A Brain Drain?, Alexa Marie Mayo

Honors Theses and Capstones

No abstract provided.


Reconstructing The Black Family: How The Freedmen’S Bureau Sought To Shape Black Family Structures After Emancipation, Megan R. Busby Jan 2021

Reconstructing The Black Family: How The Freedmen’S Bureau Sought To Shape Black Family Structures After Emancipation, Megan R. Busby

Honors Theses and Capstones

No abstract provided.


How Can An Economic Analysis Affect The Understanding Of A Court’S Decision?, Yanni N. Kakouris Jan 2021

How Can An Economic Analysis Affect The Understanding Of A Court’S Decision?, Yanni N. Kakouris

Honors Theses and Capstones

No abstract provided.


Ethical Use Of Beauty In Advertising, Koca Chan Jan 2021

Ethical Use Of Beauty In Advertising, Koca Chan

Honors Theses and Capstones

The use of beauty images in advertising has been generally deemed to be unethical in society, based on the general negative presupposition in modern western culture. The ethicalness of the display of high standards of beauty in advertisements is especially controversial and questionable in the advertising industry. Advertising watchdogs, social groups, and individuals have investigated the possibility of banning the display of high standards of beauty to be displayed in advertisings and publications. This paper argues that image advertising of high beauty standards may not be necessarily unethical in all situations. And under certain conditions, by considering and combining image(s) …


Uses Unaddressed: How Social Technologies Tacitly Allow Gender-Based Violence, Brooke J. Marston Jan 2021

Uses Unaddressed: How Social Technologies Tacitly Allow Gender-Based Violence, Brooke J. Marston

Honors Theses and Capstones

Growing technological capabilities have enhanced and intensified the potential for surveillance in many areas of life. Particularly, the placement of advanced technology in the hands of everyday people has produced ample opportunities for interpersonal monitoring. This growing capacity to surveil others we know without sophisticated techniques has concerning implications for acts of gender-based violence and intimate partner violence, which often hinge on surveillance, isolation, and control. Often, technology is used to the advantage of abusers in achieving such ends, and the wealth of personal information that is often available online leaves users vulnerable to acts of gender-based violence such as …


Shakespeare’S Deviation From His Predecessors: Aligning "Romeo And Juliet" With Italian Renaissance Marriage Culture, Tara Lynn Hohn Jan 2021

Shakespeare’S Deviation From His Predecessors: Aligning "Romeo And Juliet" With Italian Renaissance Marriage Culture, Tara Lynn Hohn

Honors Theses and Capstones

No abstract provided.


Material Support Prosecutions And Their Inherent Selectivity, Wadie E. Said Jan 2021

Material Support Prosecutions And Their Inherent Selectivity, Wadie E. Said

Publications

No abstract provided.


How The Supreme Court Talks About The Press (And Why We Should Care), Helen Norton Jan 2021

How The Supreme Court Talks About The Press (And Why We Should Care), Helen Norton

Publications

No abstract provided.


Structural Deregulation, Jody Freeman, Sharon Jacobs Jan 2021

Structural Deregulation, Jody Freeman, Sharon Jacobs

Publications

Modern critics of the administrative state portray agencies as omnipotent behemoths, invested with vast delegated powers and largely unaccountable to the political branches of government. This picture, we argue, understates agency vulnerability to an increasingly powerful presidency. One source of presidential control over agencies in particular has been overlooked: the systematic undermining of an agency’s ability to execute its statutory mandate. This strategy, which we call “structural deregulation,” is a dangerous and underappreciated aspect of what then-Professor, now-Justice Elena Kagan termed “presidential administration.”

Structural deregulation attacks the core capacities of the bureaucracy. The phenomenon encompasses such practices as leaving agencies …


Body Appreciation As A Means To Protect Social Media Users From Body Dissatisfaction, Jennifer Yurchisin, Alyssa Dana Adomaitis, Kim K. P. Johnson, Haesung Whang Jan 2021

Body Appreciation As A Means To Protect Social Media Users From Body Dissatisfaction, Jennifer Yurchisin, Alyssa Dana Adomaitis, Kim K. P. Johnson, Haesung Whang

Publications and Research

When young adult women and men are exposed to idealized images in traditional media outlets, they often experience body dissatisfaction. As the use of social media increases, so do the opportunities for appearance-based comparisons. Individuals who are heavy users of social networking sites also tend to exhibit body dissatisfaction. Body appreciation is a personal characteristic that seems to counteract the negative influence traditional media exposure, and it may have a similar effect for social media exposure. The purpose of our research was to investigate the impact of body appreciation on the relationship between social network sites usage and body dissatisfaction …


Federal Corporate Law And The Business Of Banking, Lev Menand, Morgan Ricks Jan 2021

Federal Corporate Law And The Business Of Banking, Lev Menand, Morgan Ricks

Faculty Scholarship

The only profit-seeking business enterprises chartered by a federal government agency are banks. Yet there is barely any scholarship justifying this exception to state primacy in U.S. corporate law.

This Article addresses that gap. It reinterprets the National Bank Act (NBA) – the organic statute governing national banks, the heavyweights of the financial sector – as a corporation law and recovers the reasons why Congress wrote this law: not to catalyze private wealth creation or to regulate an existing industry, but to solve an economic governance problem. National banks are federal instrumentalities charged with augmenting the money supply – a …


The Social Science Approach To International Law, Daniel Abebe, Adam S. Chilton, Tom Ginsburg Jan 2021

The Social Science Approach To International Law, Daniel Abebe, Adam S. Chilton, Tom Ginsburg

Faculty Scholarship

For over a hundred years, scholars have argued that international law should be studied using a “scientific” approach. Throughout the twentieth century, however, the most prominent methods used to study international law primarily consisted of different theoretical and analytical claims about how international law should be developed, interpreted, and critiqued. It is only in the first two decades of the twenty-first century that the conventional social science approach to research — identifying a specific question, developing hypotheses, using a research design to test those hypotheses based on some form of qualitative or quantitative data, and presenting conclusions, all while acknowledging …


Activism As A Coping Strategy Among Parents Of Children With Cancer, Alexandra Neenan Jan 2021

Activism As A Coping Strategy Among Parents Of Children With Cancer, Alexandra Neenan

Master's Theses and Doctoral Dissertations

Childhood cancer is a lifelong, whole-family diagnosis. The coping strategies employed by parents of children with cancer have implications for the family system both during and after their diagnosed child’s treatment. The current study found that activism, or actions taken on behalf of the greater childhood cancer community by individual parents, is an activity that parents (N = 67) universally engaged in after their child was diagnosed with cancer. Consistent with study hypotheses, activism was positively associated with aspects of well-being such as hope and resilience, and it was also positively associated with an active coping style. Activism was …


It Can’T Be A Farce: Teachers’ Perceptions Of Restorative Practices In An Urban Charter School, Ali Yehia Bazzi Jan 2021

It Can’T Be A Farce: Teachers’ Perceptions Of Restorative Practices In An Urban Charter School, Ali Yehia Bazzi

Master's Theses and Doctoral Dissertations

The purpose of this research was to understand teacher perceptions of restorative practices in an urban charter school. This study sought to illustrate how teachers conceptualize restorative practices and use it in their classrooms. This research study utilized a single-case study design. The study examined teacher perceptions of restorative practices through the lenses of five urban charter school teachers. The findings suggest that restorative practices have shown promising results in terms of building a collaborative school culture that embraces staff and students for who they are, helps build lasting relationships between students and teachers, and above all, encourages a more …


Understanding The Experiences Of Black Boys In Suburban Schools: An Examination Of Social Influences On Identity, Achievement And School Relationships, Tyrone L. Weeks Jan 2021

Understanding The Experiences Of Black Boys In Suburban Schools: An Examination Of Social Influences On Identity, Achievement And School Relationships, Tyrone L. Weeks

Master's Theses and Doctoral Dissertations

The achievement of Black boys in public schools continues to be a major focus of concern for educators and researchers. Consequently, educators and researchers have looked to issues of engagement and identity as key variables relative to achievement. Numerous theories point to adverse environmental factors contributing to the achievement disparities affecting Black boys in schools, but limited research has sought to elevate the voices of Black boys to understand how they identify with schools, as well as the social factors that contribute to their social and academic identities. In this qualitative research, focus groups were used to engage with Black …


Resistance, Education, And Rites: An Ethnographic Study On Afrocentric Community Education, Micala Darcel Evans Jan 2021

Resistance, Education, And Rites: An Ethnographic Study On Afrocentric Community Education, Micala Darcel Evans

Master's Theses and Doctoral Dissertations

In 2016, the Detroit Independent Freedom School Movement (DIFS) was established out of the need for positive educational activities for children of the dismantled Detroit Public Schools (DPS). The movement was organized by Detroit community members who created grassroots organizations in response to decades of destruction created by State Emergency Management. This empirical ethnographic study explored the historical evolution of freedom schooling and how volunteers empower residents with community education in Detroit, Michigan. Through a narrative inquiry of volunteer community organizers, the analysis explored the use of Afrocentric methods as a means for political resistance while grounding the experience in …


Bostock, The Crown Acts, And A Possible Right To Self-Expression In The Workplace, Henry L. Chambers Jr. Jan 2021

Bostock, The Crown Acts, And A Possible Right To Self-Expression In The Workplace, Henry L. Chambers Jr.

Law Faculty Publications

Employment at-will is the default rule in American law. In the absence of an employment contract, employers are generally free to discharge workers for any reason not barred by statute or public policy. Typically, an employee can be fired when an employer dislikes an employee's self-expression that is not specifically protected by law. However, recent developments in employment discrimination law may provide the foundation for a burgeoning right to self-expression in the workplace. In its recent case Bostock v. Clayton County, the Supreme Court ruled sexual orientation discrimination and transgender discrimination necessarily involve sex discrimination under Title VII. The Court's …


Custom Of The Country: Trust And Marriage Planning In High-Wealth Families, Allison Anna Tait Jan 2021

Custom Of The Country: Trust And Marriage Planning In High-Wealth Families, Allison Anna Tait

Law Faculty Publications

That marriage has always been a property arrangement in some form or another – particularly for those families and couples with property to arrange – is a truism. It is a truism because marriage has significant property implications for the intended spouses, with the result that financial planning around marriage is both a historical and continuing reality, despite changes in the social and economic norms governing marriage. Moreover, the wealth management industry has, past and present, trained its eye and its expertise on marriage planning as part of a family’s larger wealth planning, offering services and products to help mitigate …