Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (8)
- Immigration Law (8)
- Law and Race (8)
- Criminal Law (7)
- Environmental Law (7)
-
- Banking and Finance Law (6)
- Social and Behavioral Sciences (6)
- Constitutional Law (5)
- Law and Gender (5)
- Law and Politics (5)
- Legal Writing and Research (5)
- First Amendment (4)
- Privacy Law (4)
- Law Librarianship (3)
- Legal History (3)
- Library and Information Science (3)
- Sexuality and the Law (3)
- Tax Law (3)
- Administrative Law (2)
- Civil Procedure (2)
- Education Law (2)
- Election Law (2)
- Energy and Utilities Law (2)
- Environmental Policy (2)
- Health Law and Policy (2)
- Indigenous, Indian, and Aboriginal Law (2)
- Intellectual Property Law (2)
- Labor and Employment Law (2)
- Law and Society (2)
- Keyword
-
- Banking Law (6)
- COVID-19 (5)
- Finance (5)
- Immigration Law (5)
- Legal research (5)
-
- Banks (4)
- Legal History (4)
- Citizenship (3)
- Data (3)
- First amendment (3)
- Legal information retrieval systems (3)
- Statistical methods (3)
- Statistics (3)
- Abolition (2)
- Algorithms (2)
- Blockchain (2)
- Climate Change (2)
- Criminal justice (2)
- Criminal justice reform (2)
- Criminal law (2)
- Criminal procedure (2)
- Democracy (2)
- Environmental Law (2)
- Free speech (2)
- Intellectual property (2)
- Legislation (2)
- Regulation (2)
- Rule of law (2)
- Statutory Interpretation (2)
- United States Supreme Court (2)
- Publication
- Publication Type
Articles 1 - 30 of 69
Full-Text Articles in Law
Amicus (Fall 2022), University Of Colorado Law School
Amicus (Fall 2022), University Of Colorado Law School
Amicus
Issue at a glance:
- Commemorates Colorado Law's 130th anniversary with a roundtable discussion featuring seven generations of alumni
- Highlights the latest research by Professor Margot E. Kaminski
- Celebrates the opening of the Solidarity Suite, Colorado Law's newest student lounge
- Shares stories of philanthropy
- Recognizes milestones and successes of Colorado Law alumni
Amicus (Spring 2022), University Of Colorado Law School
Amicus (Spring 2022), University Of Colorado Law School
Amicus
Issue at a glance:
- Features Colorado Law alumni who are making their mark with careers in government
- Highlights the latest research by Professor Suzette Malveaux
- Shares Dean Inniss' fundraising priorities for Colorado Law
- Includes stories of philanthropy by alumni and faculty
- Recognizes milestones and successes of Colorado Law alumni
Is Title Vii An "Anti-Discrimination" Law?, Anuj C. Desai
Is Title Vii An "Anti-Discrimination" Law?, Anuj C. Desai
University of Colorado Law Review Forum
No abstract provided.
Appendix D: Hunting And Gathering On The Legal Information Savannah, Susan Nevelow Mart, Adam Litzler, David Gunderman
Appendix D: Hunting And Gathering On The Legal Information Savannah, Susan Nevelow Mart, Adam Litzler, David Gunderman
Research Data
This document, "Problem Solving & Interface Comments,” is an electronic Appendix D to, and is cited in, the empirical study: Susan Nevelow Mart, Adam Litzler, and David Gunderman, Hunting and Gathering on the Legal Information Savannah, 114 Law Libr. J. 1, 15 n.43 (2022), https://scholar.law.colorado.edu/articles/1548/.
Appendix E: Hunting And Gathering On The Legal Information Savannah, Susan Nevelow Mart, Adam Litzler, David Gunderman
Appendix E: Hunting And Gathering On The Legal Information Savannah, Susan Nevelow Mart, Adam Litzler, David Gunderman
Research Data
This document, "Random Search Order,” is an electronic Appendix C to, and is cited in, the empirical study: Susan Nevelow Mart, Adam Litzler, and David Gunderman, Hunting and Gathering on the Legal Information Savannah, 114 Law Libr. J. 1, 15 n.44 (2022), available at https://scholar.law.colorado.edu/articles/1548/.
Tax's Digital Labor Dilemma, Amanda Parsons
Tax's Digital Labor Dilemma, Amanda Parsons
Publications
Digitalization has reshaped the relationship between companies and their customers and users. Customers and users increasingly serve a dual role. They are not only consumers but also producers, creating data and content. They are a value-creating workforce, functioning as “digital laborers.”
Digital laborers’ value creation highlights that there are two parts to the question of whether multinational companies are paying their “fair share” of taxes—one of amount and one of location. First, are companies’ total tax bills paid across all countries in line with their global income? Second, is taxing authority over multinational companies’ income being divided amongst countries in …
Fastcase Features: A Quick Guide For Former Casemaker Users, Baylee Suskin
Fastcase Features: A Quick Guide For Former Casemaker Users, Baylee Suskin
Publications
No abstract provided.
Appendix C: Hunting And Gathering On The Legal Information Savannah, Susan Nevelow Mart, Adam Litzler, David Gunderman
Appendix C: Hunting And Gathering On The Legal Information Savannah, Susan Nevelow Mart, Adam Litzler, David Gunderman
Research Data
This document, "Twelve Problems,” is an electronic Appendix C to, and is cited in, the empirical study: Susan Nevelow Mart, Adam Litzler, and David Gunderman, Hunting and Gathering on the Legal Information Savannah, 114 Law Libr. J. 1, 13 n.37 (2022), available at https://scholar.law.colorado.edu/articles/1548/.
Debunking The Myth That Police Body Cams Are Civil Rights Tool, Scott Skinner-Thompson
Debunking The Myth That Police Body Cams Are Civil Rights Tool, Scott Skinner-Thompson
Publications
No abstract provided.
The Truman Show: The Fraudulent Origins Of The Former Presidents Act, Paul F. Campos
The Truman Show: The Fraudulent Origins Of The Former Presidents Act, Paul F. Campos
Publications
When President Donald Trump was impeached for a second time, many commenters pointed out that, if Trump were to be convicted by the Senate, he would likely lose millions of dollars in future taxpayer-funded benefits. These benefits are provided to ex-presidents by the Former Presidents Act, a 1958 statute of considerable political significance and ongoing controversy, that nevertheless has to this point been ignored completely by the legal academic literature.
This Article represents the first sustained discussion of the FPA in that literature. It concludes that the statute should be revoked — and it centers its critique on the law’s …
May I Pay More? Lessons From Jarrett For Blockchain Tax Policy, Amanda Parsons
May I Pay More? Lessons From Jarrett For Blockchain Tax Policy, Amanda Parsons
Publications
In this article, Parsons examines Jarrett, t in which the taxpayers argue that blockchain reward tokens should be included in income only upon sale or exchange (a position that would raise their tax bills), and she explores why they sought this treatment and what implications it holds for policymakers trying to develop a tax regime for blockchain activities.
Essential, Not Expendable: Protecting The Economic Citizenship Of Agricultural Workers, Hunter Knapp
Essential, Not Expendable: Protecting The Economic Citizenship Of Agricultural Workers, Hunter Knapp
University of Colorado Law Review
No abstract provided.
Robophobia, Andrew Keane Woods
Robophobia, Andrew Keane Woods
University of Colorado Law Review
Robots-machines, algorithms, artificial intelligence-play an increasingly important role in society, often supplementing or even replacing human judgment. Scholars have rightly become concerned with the fairness, accuracy, and humanity of these systems. Indeed, anxiety about machine bias is at a fever pitch. While these concerns are important, they nearly all run in one direction: we worry about robot bias against humans; we rarely worry about human bias against robots.
This is a mistake. Not because robots deserve, in some deontological sense, to be treated fairly-although that may be true-but because our bias against nonhuman deciders is bad for us. For example, …
Cryptocurrency, Legibility, And Taxation, Amanda Parsons
Cryptocurrency, Legibility, And Taxation, Amanda Parsons
Publications
In Jarrett v. United States, a taxpayer in Tennessee is arguing that staking cryptocurrency did not result in him earning “income” under federal income tax law. This case illustrates the fundamental challenge that cryptocurrency and blockchain technology present for tax law. Wealth creation in the crypto space is not readily legible to the state. This absence of legibility threatens tax law’s reliance on placing economic activities into categories to determine how they should be taxed. Furthermore, this case highlights the harms Congress and Treasury are risking by not taking action on cryptocurrency taxation. The uncertainty and lack of guidance on …
Hunting And Gathering On The Legal Information Savannah, Susan Nevelow Mart, Adam Litzler, David Gunderman
Hunting And Gathering On The Legal Information Savannah, Susan Nevelow Mart, Adam Litzler, David Gunderman
Publications
This article asks, what is it like for novice researchers to research real-world legal problems using four platforms: Bloomberg Law, Fastcase, Lexis Advance, and Westlaw? The study findings produced some surprises, as well as some clear implications for teaching legal research.
The Press’S Responsibilities As A First Amendment Institution, Helen Norton
The Press’S Responsibilities As A First Amendment Institution, Helen Norton
Publications
No abstract provided.
Criminal “Justice” As Racial Justice?, Aya Gruber
Affirmative Consent, Aya Gruber
Manipulation And The First Amendment, Helen Norton
Frustration, The Mac Clause, And Covid-19, Andrew A. Schwartz
Frustration, The Mac Clause, And Covid-19, Andrew A. Schwartz
Publications
COVID-19's impact on business has been exasperating—but is it Frustrating? The Frustration doctrine of contract law excuses a party from its contractual obligations when an extraordinary event completely undermines the principal purpose of making the deal. This doctrine has long been a marginal player in contract litigation, as parties rarely invoked it—and usually lost when they did.
The COVID-19 pandemic, however, is precisely the type of extraordinary event that Frustration was designed to address, and the courts have been inundated over the past year by a wave of colorable Frustration claims. This timely Article describes the Frustration doctrine and explores …
The Discriminatory Executive And The Rule Of Law, Maryam Jamshidi
The Discriminatory Executive And The Rule Of Law, Maryam Jamshidi
University of Colorado Law Review
Today, the executive enjoys unprecedented power, particularly in the area of national security. By and large, this authority is not meaningfully restrained by Congress or the courts. However, some scholars argue that the presidency is still kept in check by the rule of law and politics. According to this view, substantive and procedural laws and internal executive branch rules combine with political efforts by the public, like voting, to hold the President accountable. This Article challenges this view. It argues that the rule of law and politics do not always work together to restrain the executive. Instead, law can sometimes …
The Role Of Rival Litigation In Wilmarth's New Glass-Steagall, Heidi Mandanis Schooner
The Role Of Rival Litigation In Wilmarth's New Glass-Steagall, Heidi Mandanis Schooner
University of Colorado Law Review
No abstract provided.
Who's Looking Out For The Banks?, Jeremy C. Kress
Who's Looking Out For The Banks?, Jeremy C. Kress
University of Colorado Law Review
When the Gramm-Leach-Bliley Act authorized financial conglomeration in 1999, Professor Arthur Wilmarth, Jr. presciently predicted that diversified financial holding companies would try to exploit their bank subsidiaries by transferring government subsidies to their nonbank affiliates. To prevent financial conglomerates from taking advantage of their insured depository subsidiaries in this way, policymakers instructed a bank's board of directors to act in the best interests of the bank, rather than the bank's holding company. This symposium Article, written in honor of Professor Wilmarth's retirement, contends that this legal safeguard ignores a critical conflict of interest: the vast majority of large-bank directors also …
The Immigration Court: Zigzagging On The Road To Judicial Independence, Mimi Tsankov
The Immigration Court: Zigzagging On The Road To Judicial Independence, Mimi Tsankov
University of Colorado Law Review
The Article will begin by outlining the basic structure of the existing system and identifying some of the key changes that have impacted IJs (Immigation Judges) on the bench, which have driven us to a moment in history that many argue is our most tenuous. Part I will offer a brief overview of our court structure for context. Part II will explain how, after a tumultuous five years, Immigration Courts are currently significantly tarnished such that rehabilitation of the existing system may serve a short-term purpose but will inevitably fail to address the larger, fundamental inequities that result from a …
The Failures Of Good Moral Character Determinations For Naturalization, Zachary New
The Failures Of Good Moral Character Determinations For Naturalization, Zachary New
University of Colorado Law Review
This Article examines the effects of the good-moral-character requirement in naturalization proceedings. Specifically, it looks to such character requirements as a method by which a citizen polity screens out undesirable noncitizens from those who are deserving of inclusion in the "in"g roup of citizenship. The Article discusses historical methods of good-moral-character adjudication, and especially how such methods carried an undercurrent of forgiveness and redemption-an undercurrent lacking in the current method of statutory bars to showings of good moral character. By looking at specific examples of statutory bars to showings of good moral character, this Article argues that the overinclusive nature …
Identity By Committee, Scott Skinner-Thompson
Identity By Committee, Scott Skinner-Thompson
Publications
Even in school districts with relatively permissive approaches to defining and embodying gender, the identities of transgender and gender variant students are often governed by complex regulatory protocols. Ensuring that a student is able to live their gender at school can involve input from a host of purported stakeholders including medical providers, mental health professionals, school administrators, the student’s parents, and even the broader community. In essence, trans and gender variant students’ identities are governed by committee, which reduces students’ control over their lives, inhibits self-determination, constricts the scope of permissible gender identities, subjects them to incredible degrees of state …
Resistance Is Not Futile: Challenging Aapi Hate, Peter H. Huang
Resistance Is Not Futile: Challenging Aapi Hate, Peter H. Huang
Publications
This Article analyzes how to challenge AAPI (Asian American Pacific Islander) hate—defined as explicit negative bias in racial beliefs towards AAPIs. In economics, beliefs are subjective probabilities over possible outcomes. Traditional neoclassical economics view beliefs as inputs to making decisions with more accurate beliefs having indirect, instrumental value by improving decision-making. This Article utilizes novel economic theories about belief-based utility, which economically captures the intuitive notion that people can derive pleasure and pain directly from their and other people's beliefs. Even false beliefs can offer comfort and reassurance to people. This Article also draws on interdisciplinary and multidisciplinary theories about …
Roundtable Two: Environmental Law Education: New Techniques In The Classroom And Beyond, Lincoln Davies, Karrigan Bork, Sarah Krakoff
Roundtable Two: Environmental Law Education: New Techniques In The Classroom And Beyond, Lincoln Davies, Karrigan Bork, Sarah Krakoff
Publications
No abstract provided.
Introduction: Privacy Studies, Surveillance Law, Scott Skinner-Thompson
Introduction: Privacy Studies, Surveillance Law, Scott Skinner-Thompson
Publications
This Dialogue section examines perspectives on how privacy law scholarship and surveillance scholarship can be further enriched with more critical reflection and discussion between the disciplines and includes valuable contributions from thought leaders in each field.
Rennard Strickland: Legal Historian And Leader, Charles Wilkinson
Rennard Strickland: Legal Historian And Leader, Charles Wilkinson
Publications
No abstract provided.