Law Commons^™

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 …

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 …

Tracking Colorado Legislation, Robert Linz

Publications

No abstract provided.

Judges’ Varied Views On Textualism: The Roberts-Alito Schism And The Similar District Judge Divergence That Undercuts The Widely Assumed Textualism-Ideology Correlation, Scott A. Moss

Publications

No abstract provided.

Slides: The Colorado River Basin, Larry Macdonnell

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Presenter: Larry MacDonnell, Senior Fellow, Getches-Wilkinson Center, University of Colorado

17 slides

Governing By Guidance: Civil Rights Agencies And The Emergence Of Language Rights, Ming Hsu Chen

Publications

On the fiftieth anniversary of the Civil Rights Act of 1964, this Article asks how federal civil rights laws evolved to incorporate the needs of non-English speakers following landmark immigration reform (the 1965 Hart-Cellar Act) that led to unprecedented migration from Asia and Latin America. Based on a comparative study of the emergence of language rights in schools and workplaces from 1965 to 1980, the Article demonstrates that regulatory agencies used nonbinding guidances to interpret the undefined statutory term "national origin discrimination" during their implementation of the Civil Rights Act of 1964. Their efforts facilitated the creation of language rights, …

Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

Presented by the University of Colorado's American Indian Law Program and the Getches-Wilkinson Center for Natural Resources, Energy & the Environment.

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), along with treaties, instruments, and decisions of international law, recognizes that indigenous peoples have the right to give "free, prior, and informed consent" to legislation and development affecting their lands, natural resources, and other interests, and to receive remedies for losses of property taken without such consent. With approximately 150 nations, including the United States, endorsing the UNDRIP, this requirement gives rise to emerging standards, obligations, and opportunities …

Reviving Employee Rights - Recent And Upcoming Employment Discrimination Legislation: Proceedings Of The 2010 Annual Meeting Of The Association Of American Law Schools Section On Employment Discrimination Law, Scott A. Moss, Sandra Sperino, Robin R. Runge, Charles A. Sullivan

Publications

No abstract provided.

Slides: Groundwater Law And Administration: From Conflict To Reform, Michael A. Gheleta

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Michael A. Gheleta, Brownstein Hyatt Farber Schreck LLP, Denver, CO

14 slides

Slides: Market-Based Stream Flow Restoration And Mitigation, Amanda Cronin

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Amanda Cronin, Washington Water Trust, Seattle, WA

23 slides

Crises, Congress, And Cognitive Biases: A Critical Examination Of Food And Drug Legislation In The United States, Sharon B. Jacobs

Publications

No abstract provided.

Antiquities Act Monuments: The Elgin Marbles Of Our Public Lands?, James R. Rasband

Celebrating the Centennial of the Antiquities Act (October 9)

13 pages.

Includes bibliographical references

Slides: The Monumental Legacy Of The Antiquities Act Of 1906: The Rainbow Bridge National Monument In Context, Mark Squillace

Celebrating the Centennial of the Antiquities Act (October 9)

Presenter: Professor Mark Squillace, Director, Natural Resources Law Center, University of Colorado School of Law

35 slides

Slides: The Centennial Of The Antiquities Act: A Cause For Celebration?, James R. Rasband

Celebrating the Centennial of the Antiquities Act (October 9)

Presenter: Professor James R. Rasband, Brigham Young University School of Law

20 slides

Slides: Taking The Long View: Doing Something About Climate Change, David Getches, Susan Avery, Maggie Fox, Roger Pielke

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Presenter: Maggie Fox, President, America Votes, Boulder, CO.

Presenter: Susan Avery, Interim Provost and Executive Vice-Chancellor for Academic Affairs, University of Colorado.

Presenter: Roger Pielke, Jr., Professor, Environmental Studies, Center for Science and Technology Policy Research, University of Colorado.

4 slides.

Slides: Wisconsin County Forests, Neil Paulson

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Neil Paulson, Bayfield County Forest, WI

25 slides

Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center

Introduction to the Legal Foundation of Federal Land Management (December 1-3)

Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004

Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox

Contents:

Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional

Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center

Introduction to the Legal Foundation of Federal Land Management (December 1-3)

1 v. (various pagings) : ill., maps ; 28 cm

Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004

Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox

Contents:

Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional

Slides: A Water Manager's Perspective: A View From The Field, Jeffrey Kightlinger

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

Presenter: Jeffrey Kightlinger, General Counsel, Metropolitan Water District of Southern California (MWD)

21 slides

Water Law In New South Wales, Australia: An Analysis Of The Water Management Act, 2000 [Abstract], Carla Mooney

Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)

2 pages.

Keynote Address, Rebecca Watson

Coalbed Methane Development in the Intermountain West (April 4-5)

6 pages.

How Democratic Are Initiatives?, Richard B. Collins

Publications

No abstract provided.

Agenda: Biodiversity Protection: Implementation And Reform Of The Endangered Species Act, University Of Colorado Boulder. Natural Resources Law Center

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

Conference organizers and/or faculty included University of Colorado School of Law professors Betsy Rieke, David H. Getches, Michael A. Gheleta and Charles F. Wilkinson.

All across the country--in Congress, in state legislatures and in urban and rural communities--people are discussing why we should or should not protect biodiversity and how best to do so. Since the Endangered Species Act is up for reauthorization, a variety of reform proposals are being debated. Speakers--including natural resource scholars, experts from the private and nonprofit sectors, and government officials--will examine the rationale for biodiversity protection, the legal framework of the Endangered Species Act, and …

Air Quality And Transportation On Colorado's Front Range: Taking Responsibility For Difficult Choices, Wade Buchanan, David A. Pampu, Christine Lipaj Shaver, University Of Colorado Boulder. Natural Resources Law Center

Air Quality and Transportation on Colorado's Front Range: Taking Responsibility for Difficult Choices (March 12)

15 pages.

Collection of 3 papers presented at the Hot Topics in Natural Resources Law program held on March 12, 1996.

Includes biographical information for Wade Buchanan, David A. Pampu, and Christine Lipaj Shaver.

With communities along Colorado's Front Range continuing to grow at a rapid rate, government, private businesses and citizens are faced with difficult choices concerning air quality and transportation. Can we control the "brown cloud" and increasing congestion on our roads and freeways? What decisions and sacrifices must be made, and who will take responsibility for them? Wade Buchanan, Chairman of the Regional Air Quality Council (RAQC), …

The Chaotic Pseudotext, Paul F. Campos

Publications

No abstract provided.

A Sweet Home No More?: The Future For Habitat Protection Under The Endangered Species Act, Federico Cheever, Murray D. Feldman, University Of Colorado Boulder. Natural Resources Law Center

A Sweet Home No More?: The Future for Habitat Protection Under the Endangered Species Act (November 29)

20 pages.

Includes bibliographical references and biographical information for Federico Cheever and Murray D. Feldman.

Contents:

Babbitt v. Sweet Home Chapter of Communities for a Greater Oregon / Federico Cheever -- The Sweet Home decision and private property issues / Murray D. Feldman -- Memorandum of Agreement between the State of Colorado and the Department of the Interior concerning programs to manage Colorado's declining native species

The U.S. Supreme Court decision in Babbitt v. Sweet Home Chapter of Communities for a Great Oregon,115 S.Ct. 2407 (1995), held that the Department of the Interior reasonably construed Congress' intent when it included …

Environmental Regulation Of Oil And Gas Development On Tribal Lands: Who Has The Authority?, Richard B. Collins, Tom Shipps, Marla Williams, University Of Colorado Boulder. Natural Resources Law Center

Environmental Regulation of Oil and Gas Development on Tribal Lands: Who Has the Authority? (November 1)

14 pages.

Collection of 3 papers presented at the Hot Topics in Natural Resources Law program held on Nov. 1, 1995.

Includes bibliographical references.

Contents:

Environmental regulation of oil and gas development on tribal lands : who has authority? / Richard Collins -- Environmental regulation of energy resource development on Indian reservation land / Tom Shipps -- Colorado Oil and Gas [Conservation] Commission jurisdiction over environmental matters on Indian lands / Marla Williams

Jurisdiction to regulate the environmental impacts of oil and gas development on the reservation has been contested by tribes, the state, private land owners and federal agencies. …

The Aftermath Of Kansas V. Colorado: Regulation Of Well Pumping In The Arkansas Valley, Hal Simpson, David L. Harrison, Michael T. Mitchell, Steve Arveschoug, University Of Colorado Boulder. Natural Resources Law Center

The Aftermath of Kansas v. Colorado: Regulation of Well Pumping in the Arkansas Valley (September 18)

27 pages.

Contents:

Draft rules and regulations governing the use, control, and protection of surface and ground water rights in the Arkansas River and its tributaries : revised draft, September 6, 1995 / Hal Simpson -- Lower Arkansas Water Management Association viewpoint / David L. Harrison -- Aftermath of Kansas v. Colorado : concerns of surface users / Michael T. Mitchell -- Aftermath of Kansas vs. Colorado : role of the Southeastern Colorado Water Conservancy District / Steve Arveschoug

On May 15, 1995 the Supreme Court handed down its opinion in the case of Kansas v. Colorado, 1995 WL 283477 …

Whooping Cranes And Piping Plovers: Watershed Problem Solving On The Platte, Elizabeth Rieke, Gordon W. (Jeff) Fassett, University Of Colorado Boulder. Natural Resources Law Center

Whooping Cranes and Piping Plovers: Watershed Problem Solving on the Platte (April 27)

21 pages.

Includes illustrations, maps, and biographical information for Gordon W. Fassett and James S. Lochhead.

Habitat for species listed as endangered under federal law along the Platte River in Nebraska has been adversely affected by decreased river flows, resulting in federal legal barriers to further water development throughout the basin in three states. In June 1994 state and federal officials entered an agreement to develop a basin-wide recovery plan. Elizabeth Rieke, Assistant Secretary for Water & Science, Dept. of Interior, will discuss federal perspectives. Gordon (Jeff) Fassett, Wyoming State Engineer, and J. Michael (Mike) Jess, Nebraska …

Deregulation Of The Natural Gas Industry, Elisabeth Pendley

Implications of FERC Order No. 636 for the Natural Gas Industry (March 13)

4 pages.

Hot Topic: Implications of FERC Order No. 636 for the Natural Gas Industry.

After one year of natural gas pipeline deregulation, what impact has Order No. 636, issued by the Federal Energy Regulatory Commission in 1992, had on the natural gas industry - specifically, pipeline and local distribution companies? What additional changes might occur? Elisabeth Pendley, of KN Energy and the NRLC 1995 El Paso Natural Gas Law Fellow, will discuss the dramatic changes to the natural gas industry caused by FERC Order No. 636.