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Full-Text Articles in Law

Won't You Be My Neighbor? The Fallout From The Colorado Supreme Court's Decision In Cogcc V. Gvca, Luke Mecklenburg Jan 2014

Won't You Be My Neighbor? The Fallout From The Colorado Supreme Court's Decision In Cogcc V. Gvca, Luke Mecklenburg

University of Colorado Law Review

This Casenote asserts that the Colorado Supreme Court's decision in COGCC v. GVCA, while legally adequate, condones a harmful public policy that necessitates legislative correction. The case pitted two landowners whose property was adjacent to a proposed well that would drill down within a three-mile radius of an underground nuclear detonation site known as the Rulison blast zone, as well as a citizens'group from the Rulison area, against the Colorado Oil and Gas Conservation Commission (COGCC). Using different canons of statutory interpretation, the Colorado Court of Appeals and the Colorado Supreme Court reached opposite decisions, but in the end a …


Exit, Voice, And Loyalty As Federalism Strategies: Lessons From The Same-Sex Marriage Debate, Ernest A. Young Jan 2014

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.


Unbundling Federalism: Colorado's Legalization Of Marijuana And Federalism's Many Forms, Jessica Bulman-Pozen Jan 2014

Unbundling Federalism: Colorado's Legalization Of Marijuana And Federalism's Many Forms, Jessica Bulman-Pozen

University of Colorado Law Review

This short Essay argues that various attributes we associate with federalism should not be deemed necessary components of federalism as a definitional or normative matter. Using Colorado's recent legalization of marijuana as a case study, it shows how two such attributes-an autonomous realm of state action and independent state officials with distinctive interests-can be pulled apart. State officials often further their interests and effectively oppose federal policy when they participate in the same statutory scheme as federal actors instead of operating in a separate, autonomous sphere. At the same time, state officials frequently rely on the autonomous lawmaking and executive …


Who May Hire Teachers: How Mutual Consent Fits Into The Current Colorado Hiring Framework, Amanda R. Levin Jan 2014

Who May Hire Teachers: How Mutual Consent Fits Into The Current Colorado Hiring Framework, Amanda R. Levin

University of Colorado Law Review

In 2010, the Colorado General Assembly passed the Ensuring Quality Instruction through Education Effectiveness Act (S.B. 191). The law ties teachers' job security to the performance of their students, among other things, and changes the way that teachers and principals are evaluated. One crucial aspect of the law, and the subject of this Comment, is the mutual consent provision. This provision provides principals with the power to ensure the effectiveness of their teachers within their own schools by means of allowing them to oversee the hiring process of teachers. The mutual consent provision states that teachers can only be hired …


"Whiffs Of Federalism" In United States V. Windsor: Power, Localism, And Kulturkampf, Marc R. Poirier Jan 2014

"Whiffs Of Federalism" In United States V. Windsor: Power, Localism, And Kulturkampf, Marc R. Poirier

University of Colorado Law Review

No abstract provided.


Cooperative Federalism And State Marijuana Regulation, Sam Kamin Jan 2014

Cooperative Federalism And State Marijuana Regulation, Sam Kamin

University of Colorado Law Review

No abstract provided.