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Articles 1 - 30 of 246
Full-Text Articles in Law
The Roberts Court's Failed Innocence Project, Janet C. Hoeffel
The Roberts Court's Failed Innocence Project, Janet C. Hoeffel
Chicago-Kent Law Review
In this article, Professor Hoeffel discusses the Roberts Court's obvious struggle with its actual innocence jurisprudence. It is a struggle that was only theoretical in the days before DNA exonerations. While the Court had two opportunities to clarify the role of wrongful convictions in the criminal justice system, it has declined to do so. In House v. Bell, the Court ratcheted up the standard of proof for freestanding constitutional claims of innocence to a level no petitioner could understand, much less meet. Then, in District Attorney's Office for the Third Judicial District v. Osborne, the Court held that …
The Convergence Of Broadcasting And Telephony: Legal And Regulatory Implications, Christopher S. Yoo
The Convergence Of Broadcasting And Telephony: Legal And Regulatory Implications, Christopher S. Yoo
All Faculty Scholarship
This article, written for the inaugural issue of a new journal, analyzes the extent to which the convergence of broadcasting and telephony induced by the digitization of communications technologies is forcing policymakers to rethink their basic approach to regulating these industries. Now that voice and video are becoming available through every transmission technology, policymakers can no longer define the scope of regulatory obligations in terms of the mode of transmission. In addition, jurisdictions that employ separate agencies to regulate broadcasting and telephony must reform their institutional structures to bring both within the ambit of a single regulatory agency. The emergence …
How Placebo Deception Can Infringe Autonomy, Adam J. Kolber
How Placebo Deception Can Infringe Autonomy, Adam J. Kolber
Faculty Scholarship
No abstract provided.
Cross-Border Speech Conflicts, Timothy Zick
Privacy Concern In Google Voice Call Recording, Michael Katz, James Tuthill
Privacy Concern In Google Voice Call Recording, Michael Katz, James Tuthill
Michael Katz
The Federal Communications Commission, taking note of AT&T's complaint, has written to Google with questions about its call blocking. But the implications for our privacy of software-managed call services like Google Voice are a much greater threat to consumers, and that's where the FCC should direct its energy - immediately.
Parcerias Público-Privadas No Setor Da Saúde, Carolina Altoé Velasco, Manoel Messias Peixinho
Parcerias Público-Privadas No Setor Da Saúde, Carolina Altoé Velasco, Manoel Messias Peixinho
Carolina Altoé Velasco
Contemporaneamente é visível a importância conferida às questões de saúde pública. A fim de que o desenvolvimento de políticas públicas se torne efetivo, é necessário que haja esforços das esferas de governo para a efetiva melhoria da qualidade de vida da sociedade de modo equânime. Com base nas deficiências que o setor da saúde apresenta, o artigo propõe a possibilidade de implementação das parcerias públicoprivadas na área da saúde, de forma a atrair o setor privado a investir em projetos de interesse comum. Em outros termos, significa aproximar a iniciativa privada a fim de que seja fornecido o seu expertise …
Aplicabilidade Das Parcerias Público-Privadas Nas Técnicas De Reprodução Assistida Direcionadas A Portadores Do Vírus Hiv – Aids No Âmbito Brasileiro, Carolina Altoé Velasco
Aplicabilidade Das Parcerias Público-Privadas Nas Técnicas De Reprodução Assistida Direcionadas A Portadores Do Vírus Hiv – Aids No Âmbito Brasileiro, Carolina Altoé Velasco
Carolina Altoé Velasco
No abstract provided.
Synthetic Science: A Response To Rabinow, David S. Caudill
Synthetic Science: A Response To Rabinow, David S. Caudill
Working Paper Series
Rabinow’s description of the unique collaborative goal of synthetic biology at Berkeley, to foster a coproduction among multiple disciplines and perspectives from the outset (as opposed to downstream reflection upon ethical, legal, and social implications), is somewhat misleading. While that particular assemblage is represented as coproductive, the inevitability of science as a coproduction is eclipsed. That shortcoming may well be a strategic compromise to ensure effective collaboration, but it could backfire. Idealized images of science, which might be termed synthetic or artificial, have had adverse consequences in legal and administrative assessments of reliable science.
Agenda: World Energy Justice Conference And Appropriate Technology Arcade, University Of Colorado Boulder. Center For Energy & Environmental Security, University Of Colorado Boulder. School Of Law
Agenda: World Energy Justice Conference And Appropriate Technology Arcade, University Of Colorado Boulder. Center For Energy & Environmental Security, University Of Colorado Boulder. School Of Law
World Energy Justice Conference (October 23-24)
The 2009 CEES Energy Justice Conference took place at the University of Colorado Law School on October 23rd and 24th, 2009. It featured 11 sessions, more than 40 speakers, and attracted over 200 attendees. The Conference brought together leading international and U.S. decision-makers in politics, engineering, public health, law, business, economics, and innovators in the sciences to explore how best to address the critical needs of the energy-oppressed poor (EOP) through long-term interdisciplinary action, information sharing, and deployment of appropriate sustainable energy technologies (ASETs).
The Colorado Journal of International Environmental Law & Policy (CJIELP) at the University of Colorado Law …
Book Review: Carl Cranor, Toxic Torts: Science, Law, And The Possibility Of Justice, David S. Caudill
Book Review: Carl Cranor, Toxic Torts: Science, Law, And The Possibility Of Justice, David S. Caudill
Working Paper Series
Carl F. Cranor’s Toxic Torts: Science, Law, and the Possibility of Justice is a sustained, comprehensive argument that the Daubert gatekeeping regime has tilted the playing field against injured plaintiffs in toxic tort litigation. More generally, Cranor joins those who argue that the Daubert regime has not fared well in practice. Complex scientific evidence is not handled well in trials because scientific methods, data, and inferential reasoning are not well understood by gatekeeping judges. Cranor’s goal is to help solve this problem by offering a detailed description of the patterns of reasoning, evidence collection, and inference in nonlegal scientific settings. …
Agenda: Best Practices For Community And Environmental Protection, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project, Colorado. Oil And Gas Conservation Commission
Agenda: Best Practices For Community And Environmental Protection, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project, Colorado. Oil And Gas Conservation Commission
Best Practices for Community and Environmental Protection (October 14)
The first Intermountain BMP Project workshop, sponsored by the Natural Resources Law Center and the Colorado Oil and Gas Conservation Commission, was held in Rifle, Colorado on October 14, 2009 at the Garfield County Fairground for over 170 participants.
Speakers from Federal, state and local governments, the community, industry and environmental consultants, and conservation groups focused presentations and discussion on a greater understanding of what Best Management Practices (BMPs) are appropriate to the western slope of Colorado and how they are integrated into developments.
Slides: Comprehensive Drilling Plans, Dave Neslin
Slides: Comprehensive Drilling Plans, Dave Neslin
Best Practices for Community and Environmental Protection (October 14)
Presenter: Dave Neslin, Director, Colorado OIl and Gas Conservation Commission (COGCC)
8 slides
Slides: Rifle, Silt, New Castle Community Development Plan: A Collaborative Planning Approach To Natural Gas Development, Peggy Utesch
Slides: Rifle, Silt, New Castle Community Development Plan: A Collaborative Planning Approach To Natural Gas Development, Peggy Utesch
Best Practices for Community and Environmental Protection (October 14)
Presenter: Peggy Utesch, Movin' Forward Consulting
25 slides
Slides: Innovative Best Practices For The Western Slope: Stormwater Management Solutions And Philosophy For The Oil And Gas Industry, Kyle N. Schildt
Slides: Innovative Best Practices For The Western Slope: Stormwater Management Solutions And Philosophy For The Oil And Gas Industry, Kyle N. Schildt
Best Practices for Community and Environmental Protection (October 14)
Presenter: Kyle N. Schildt, P.E., LT Environmental, Inc.
12 slides
Slides: Bmp Project, Kent Kuster
Slides: Bmp Project, Kent Kuster
Best Practices for Community and Environmental Protection (October 14)
Presenter: Kent Kuster, Consultation Coordinator, Colorado Department of Public Health and Environment (CDPHE)
17 slides
Slides: Intermountain Oil And Gas Bmp Project, Kathryn Mutz
Slides: Intermountain Oil And Gas Bmp Project, Kathryn Mutz
Best Practices for Community and Environmental Protection (October 14)
Presenter: Kathryn Mutz, Natural Resources Law Center
19 slides
Slides: The Use Of Terrestrial Cyanobacteria For The Rehabilitation Of Arid Soils: Not Just Another Good Idea, Timothy Flynn
Slides: The Use Of Terrestrial Cyanobacteria For The Rehabilitation Of Arid Soils: Not Just Another Good Idea, Timothy Flynn
Best Practices for Community and Environmental Protection (October 14)
Presenter: Dr. Timothy Flynn, Primordial Solutions Inc.
42 slides
Slides: Energy By Design: Possible Bmp For Mitigation Planning, Dave Gann
Slides: Energy By Design: Possible Bmp For Mitigation Planning, Dave Gann
Best Practices for Community and Environmental Protection (October 14)
Presenter: Dave Gann, The Nature Conservancy
15 slides
Slides: Disappearing Roads--An Efd Project: An Exploration Into Low Impact And Efficient Gas Field Drilling, Charles Dolan
Slides: Disappearing Roads--An Efd Project: An Exploration Into Low Impact And Efficient Gas Field Drilling, Charles Dolan
Best Practices for Community and Environmental Protection (October 14)
Presenter: Rich Haut, Houston Advanced Research Center (HARC), for Dr. Charles Dolan, University of Wyoming, Environmentally Friendly Drilling Program
25 slides
Slides: Recommended Best Management Practices For Plants Of Concern: Practices Developed To Reduce The Impacts Of Oil And Gas Development Activities To Plants Of Concern, Brian Kurzel, Colorado Rare Plant Conservation Initiative
Slides: Recommended Best Management Practices For Plants Of Concern: Practices Developed To Reduce The Impacts Of Oil And Gas Development Activities To Plants Of Concern, Brian Kurzel, Colorado Rare Plant Conservation Initiative
Best Practices for Community and Environmental Protection (October 14)
Presenter: Brian Kurzel, Colorado Natural Areas Program (CNAP)
27 slides
Slides: Best Management Practices: Planning, Leasing, Permitting, Jamie Connell
Slides: Best Management Practices: Planning, Leasing, Permitting, Jamie Connell
Best Practices for Community and Environmental Protection (October 14)
Presenter: Jamie Connell, Northwest Colorado District Manager, U.S. Bureau of Land Management (BLM) Colorado
23 slides
Slides: Introduction To Constructive Engagement In The Oil And Gas Industry, Susan T. Wildau, Christopher W. Moore
Slides: Introduction To Constructive Engagement In The Oil And Gas Industry, Susan T. Wildau, Christopher W. Moore
Best Practices for Community and Environmental Protection (October 14)
Presenters: Susan T. Wildau and Christopher W. Moore, CDR Associates (Collaborative Decision Resources), Boulder, CO
22 slides
Slides: Environmentally Friendly Drilling Systems Program (Efd), Rich Haut
Slides: Environmentally Friendly Drilling Systems Program (Efd), Rich Haut
Best Practices for Community and Environmental Protection (October 14)
Presenter: Rich Haut, Houston Advanced Research Center
23 slides
A Defense Of Embryonic Stem Cell Research, Gregory Dolin
A Defense Of Embryonic Stem Cell Research, Gregory Dolin
All Faculty Scholarship
On November 21, 2007, sensational scientific developments were reported by major newspapers, both in the United States and abroad. The media reported a new breakthrough in the area of stem cell research. According to two articles published in Science and Cell (both highly respected scientific journals), two teams of scientists were able to “reprogram” adult stem cells into embryonic stem cells, without actually having to experiment on embryos. The discovery was immediately hailed by the White House and other opponents of embryonic stem cell research. The New York Times gushed that the “stem cell wars” may be at an end. …
A Defense Of Stem Cell Research, Gregory Dolin
A Defense Of Stem Cell Research, Gregory Dolin
Gregory Dolin
Isolation of human embryonic stem cells in 1998 simultaneously caused great excitement and concern in the scientific community and the population at large. The great promises that the discovery held were viewed with suspicion by many, because the isolation of these stem cells involved destruction of an embryo, and thus, according to some, destruction of innocent human life. Full ten years later, the debate still rages. The present Article proposes a solution to this debate.The solution concedes that the embryo is a human being entitled to full moral protection. Having made that concession, however, the Article proceeds to argue that …
A Defense Of Embryonic Stem Cell Research, Gregory Dolin, M.D.
A Defense Of Embryonic Stem Cell Research, Gregory Dolin, M.D.
Indiana Law Journal
No abstract provided.
Legal And Ethical Implications Of Employee Location Monitoring, Gundars Kaupins, Robert Minch
Legal And Ethical Implications Of Employee Location Monitoring, Gundars Kaupins, Robert Minch
Robert P. Minch
Location technologies allow employers to monitor the location of employees. The technologies range from global positioning systems able to determine outdoor locations worldwide to sensor networks able to determine locations within buildings. Few international laws and no American laws directly address location monitoring. International privacy laws, the Electronic Communications Privacy Act, the USA Patriot Act and other laws involving Internet and e-mail monitoring might provide the pattern for future location monitoring legislation. Ethical considerations such as privacy, accuracy, inconsistency, security, and reputation also may affect future legislation. In writing corporate policies governing location monitoring, the employer’s business interests may outweigh …
Luces Y Sombras De La "Nueva" Corte Suprema (2003 - 2009), Horacio M. Lynch
Luces Y Sombras De La "Nueva" Corte Suprema (2003 - 2009), Horacio M. Lynch
Horacio M. LYNCH
Balance y análisis crítico de lo actuado por la NCSN desde que comenzó el cambio en su integración en 2003, hasta la fecha del informe en 2009, en las distintas dimensiones de su labor, su función de control de la constitucionalidad, como el Tribunal de última instancia de la Nación, y como cabeza del Poder Judicial, y en su preocupación por la Justicia del país. Analiza lo que hizo y lo que no hizo, se incluye un balance, propuestas y líneas de trabajo, e información.
The Patent System's Relationship To Digital Entrepreneurship, Mark Chandler
The Patent System's Relationship To Digital Entrepreneurship, Mark Chandler
West Virginia Law Review
No abstract provided.
Copyright Social Utility And Social Justice Interdependence: A Paradigm For Intellectual Property Empowerment And Digital Entrepreneurship, Lateef Mtima
West Virginia Law Review
While advances in digital information technology offer extraordinary possibilities for the exploration and exploitation of literary and artistic expres- sion, these advances also present unprecedented opportunities for intellectual property ("IP") empowerment and the achievement of singular milestones in copyright social justice. The ostensible conflict between copyright digital social utility and digital commoditization has engendered a reemphasis upon the social engineering obligations of the copyright law, and a search for copyright policies which will harmonize these corrivallous objectives. Doctrinal constructions of the copyright law which acknowledge the law's congenital social justice charac- teristics, however, can achieve this equilibrium. The revisualization of …