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Articles 31 - 60 of 82
Full-Text Articles in Law
Free Speech Hypocrisy: Campus Free Speech Conflicts And The Sub-Legal First Amendment, Christina E. Wells
Free Speech Hypocrisy: Campus Free Speech Conflicts And The Sub-Legal First Amendment, Christina E. Wells
University of Colorado Law Review
No abstract provided.
Incredible Lies, Catherine J. Ross
Incredible Lies, Catherine J. Ross
University of Colorado Law Review
No abstract provided.
Government Lies And The Press Clause, Helen L. Norton
Government Lies And The Press Clause, Helen L. Norton
University of Colorado Law Review
No abstract provided.
Sex, Lies, And Ultrasound, B. Jessie Hill
Sex, Lies, And Ultrasound, B. Jessie Hill
University of Colorado Law Review
No abstract provided.
The Law Of Deception: A Research Agenda, Gregory Klass
The Law Of Deception: A Research Agenda, Gregory Klass
University of Colorado Law Review
No abstract provided.
Taxpayers For Public Education V. Douglas County School District: The School Choice Movement Soldiers On, Bryce Carlson
Taxpayers For Public Education V. Douglas County School District: The School Choice Movement Soldiers On, Bryce Carlson
University of Colorado Law Review
For nearly a decade, the school choice movement in Colorado has hung in the balance as the fate of the Douglas County School District Choice Scholarship Program worked its way through the courts, even reaching the United States Supreme Court in the process. The main issue at stake was whether Article IX, § 7 of the Colorado Constitution, which prevents public institutions from making any appropriation to a "church or sectarian society," barred students from using a school district scholarship to attend a private religiously affiliated school.
The Colorado Supreme Court in 2015 ruled that the Choice Scholarship Program indeed …
Categorizing Lies, David S. Han
Categorizing Lies, David S. Han
University of Colorado Law Review
No abstract provided.
Developing A Taxonomy Of Lies Under The First Amendment, Alan K. Chen, Justin Marceau
Developing A Taxonomy Of Lies Under The First Amendment, Alan K. Chen, Justin Marceau
University of Colorado Law Review
No abstract provided.
Rationing Justice: The Need For Appointed Counsel In Removal Proceedings Of Unaccompanied Immigrant Children, Wesley C. Brockway
Rationing Justice: The Need For Appointed Counsel In Removal Proceedings Of Unaccompanied Immigrant Children, Wesley C. Brockway
University of Colorado Law Review
No abstract provided.
Money Matters: Why The Ada's Undue Hardship Framework Could Save Casey And Legal Abortion In America, Brooke M. Garrett
Money Matters: Why The Ada's Undue Hardship Framework Could Save Casey And Legal Abortion In America, Brooke M. Garrett
University of Colorado Law Review
Since Roe v. Wade, the Supreme Court has upheld a woman's right to choose previability abortion on several occasions. Planned Parenthood of Southeastern Pennsylvania v. Casey was one such case that grew out of the Court's abortion jurisprudence and changed the way states regulated abortion. However, Casey's decision is fraught with ambiguities that have facilitated legislative overreach, judicial abuse, and inconsistent interpretation and application of the constitutional standard. In some states, legislatures have regulated a woman's right to choose to such an extent that it is a practical impossibility. Recently, the Supreme Court struck down Texas's House Bill 2-a highly …
Chilling Rights, Toni M. Massaro
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 …
The Supreme Court As Public Educator?, Frederick Schauer
The Supreme Court As Public Educator?, Frederick Schauer
University of Colorado Law Review
No abstract provided.
Restore The Republic: The Incompatibility Between The Taxpayer's Bill Of Rights And The Guarantee Clause, Joshua Pens
Restore The Republic: The Incompatibility Between The Taxpayer's Bill Of Rights And The Guarantee Clause, Joshua Pens
University of Colorado Law Review
No abstract provided.
Dear Irs, It Is Time To Enforce The Campaigning Prohibition. Even Against Churches, Samuel D. Brunson
Dear Irs, It Is Time To Enforce The Campaigning Prohibition. Even Against Churches, Samuel D. Brunson
University of Colorado Law Review
In 1954, Congress prohibited tax-exempt public charities, including churches, from endorsing or opposing candidates for office. To the extent a tax-exempt public charity violated this prohibition, it would no longer qualify as tax-exempt, and the IRS was to revoke its exemption.
While simple in theory, in practice, the IRS rarely penalizes churches that violate the campaigning prohibition and virtually never revokes a church's tax exemption. And, because no taxpayer has standing to challenge the IRS's inaction, the IRS has no external imperative to revoke the exemptions of churches that do campaign on behalf of or against candidates for office.
This …
Person, State, Or Not: The Place Of Business Corporations In Our Constitutional Order, Daniel J.H. Greenwood
Person, State, Or Not: The Place Of Business Corporations In Our Constitutional Order, Daniel J.H. Greenwood
University of Colorado Law Review
Business corporations are critical institutions in our democratic republican, market-based, economic order. The United States Constitution, however, is completely silent as to their status in our system. The Supreme Court has filled this silence by repeatedly granting corporations rights against the citizenry and its elected representatives.
Instead, we ought to view business corporations, like municipal corporations, as governance structures created by We the People to promote our general Welfare. On this social contract view, corporations should have the constitutional rights specified in the text: none. Instead, we should be debating which rights of citizens against governmental agencies should also apply …
Executive Power Under The Constitution: A Presidential And Parliamentary System Compared, Gabrielle Appleby, Adam Webster
Executive Power Under The Constitution: A Presidential And Parliamentary System Compared, Gabrielle Appleby, Adam Webster
University of Colorado Law Review
No abstract provided.
Presidential Constitutional Interpretation, Signing Statements, Executive Power, And Zivotofsky, Henry L. Chambers, Jr
Presidential Constitutional Interpretation, Signing Statements, Executive Power, And Zivotofsky, Henry L. Chambers, Jr
University of Colorado Law Review
No abstract provided.
The Presidential Statutory Stretch And The Rule Of Law, Peter M. Shane
The Presidential Statutory Stretch And The Rule Of Law, Peter M. Shane
University of Colorado Law Review
No abstract provided.
Viewing The Supreme Court's Exactions Cases Through The Prism Of Anti-Evasion, Michael B. Kent Jr.
Viewing The Supreme Court's Exactions Cases Through The Prism Of Anti-Evasion, Michael B. Kent Jr.
University of Colorado Law Review
This Article considers the U.S. Supreme Court's 2013 decision in Koontz v. St. Johns River Water Management District, which extended the application of the Court's framework for evaluating the constitutionality of land use exactions (known as the Nollan/Dolan test). The majority of the Court relied heavily on the unconstitutional conditions doctrine, explaining that this doctrine formed the basis not only for the Nollan/Dolan framework but also for the extension of that framework to Koontz's new factual setting. Four members of the Court dissented. Although the dissenting justices seemingly agreed with several of the majority's propositions, they vigorously opposed the manner …
The President's Faithful Execution Duty, Harold H. Bruff
The President's Faithful Execution Duty, Harold H. Bruff
University of Colorado Law Review
No abstract provided.
Litigating Against The Civil Rights Movement, Christopher W. Schmidt
Litigating Against The Civil Rights Movement, Christopher W. Schmidt
University of Colorado Law Review
No abstract provided.
The Support Structure For Campaign Finance Litigation In The Roberts Court: A Research Agenda, Ann Southworth
The Support Structure For Campaign Finance Litigation In The Roberts Court: A Research Agenda, Ann Southworth
University of Colorado Law Review
No abstract provided.
The Problems Inherent In Litigating Employer Free Exercise Rights, Henry L. Chambers Jr.
The Problems Inherent In Litigating Employer Free Exercise Rights, Henry L. Chambers Jr.
University of Colorado Law Review
No abstract provided.
Immigration And Cooperative Federalism: Toward A Doctrinal Framework, Ming H. Chen
Immigration And Cooperative Federalism: Toward A Doctrinal Framework, Ming H. Chen
University of Colorado Law Review
No abstract provided.
Exit, Voice, And Loyalty As Federalism Strategies: Lessons From The Same-Sex Marriage Debate, Ernest A. Young
Exit, Voice, And Loyalty As Federalism Strategies: Lessons From The Same-Sex Marriage Debate, Ernest A. Young
University of Colorado Law Review
No abstract provided.
Indiana V. Edwards: The Prospect Of A Heightened Competency Standard For Pro Se Defendants, Ashley N. Beck
Indiana V. Edwards: The Prospect Of A Heightened Competency Standard For Pro Se Defendants, Ashley N. Beck
University of Colorado Law Review
The Sixth Amendment to the United States Constitution guarantees a criminal defendant both the right to the assistance of counsel and the right of self-representation. The right of self-representation is deeply ingrained in the Anglo- American system of justice, but so is the requirement that a criminal defendant be tried only if competent to stand trial. In Indiana v. Edwards, the Supreme Court recognized a "gray area" of competency, noting that competency to stand trial with the assistance of counsel may not equate to competency to proceed pro se. In Edwards, the Court held that a trial court retains the …
Byron White-Hero And Scholar: Reflections About Punishment, Political Speech, And Public Liability, Justice John Paul Stevens
Byron White-Hero And Scholar: Reflections About Punishment, Political Speech, And Public Liability, Justice John Paul Stevens
University of Colorado Law Review
No abstract provided.
Conversation With Associate Justice Ruth Bader Ginsburg, Justice Ruth Bader Ginsburg
Conversation With Associate Justice Ruth Bader Ginsburg, Justice Ruth Bader Ginsburg
University of Colorado Law Review
No abstract provided.
A Picture Is Worth A Thousand Words: The Marketplace Of Ideas And The Constitutionality Of Graphic-Image Cigarette Warning Labels And Other Commercial Disclosure Requirements, Richard F. Lee
University of Colorado Law Review
American cigarette warning labels are lackluster compared to others around the world. To address this inadequacy, the FDA created nine graphic-image cigarette warning labels that were scheduled to appear on all cigarette packages sold in the US beginning in 2012. However, before they debuted, the D.C. Circuit Court of Appeals struck the labels down in R.J. Reynolds Tobacco Co. v. FDA, holding that they constituted compelled commercial speech in violation of the First Amendment. This Note argues that the R.J. Reynolds decision conflicts with the Supreme Court's commercial speech jurisprudence. Historically, the Supreme Court has applied limited First Amendment protection …
Random, Suspicionless Searches Of Students' Belongings: A Legal, Empirical, And Normative Analysis, Jason P. Nance
Random, Suspicionless Searches Of Students' Belongings: A Legal, Empirical, And Normative Analysis, Jason P. Nance
University of Colorado Law Review
This Article provides a legal, empirical, and normative analysis of an intrusive search practice used by public school officials to prevent school crime: random, suspicionless searches of students' belongings. First, it argues that these searches are not permitted under the Fourth Amendment unless schools have particularized evidence of a substance abuse or weapons problem. Second, it provides a normative evaluation of strict security measures in schools, especially when they are applied disproportionately to minority students. Third, drawing on recent restricted data from the U.S. Department of Education's School Survey on Crime and Safety, this Article provides empirical findings that raise …