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Articles 1 - 21 of 21
Full-Text Articles in Law
No Sword, No Shield, No Problem: Ai In Pro Se Section 1983 Suits, Michaela Calhoun
No Sword, No Shield, No Problem: Ai In Pro Se Section 1983 Suits, Michaela Calhoun
University of Colorado Law Review Forum
Originating during the Reconstruction era, 42 U.S.C. 1983 emerged as a legislative tool to safeguard individuals’ constitutional rights and liberties. Initially designed to combat state-sanctioned violence, its efficacy has been eroded over time by subsequent judicial and legislative action. Unfortunately, the current state of Section 1983 falls short of this envisioned role, particularly for incarcerated individuals who find themselves navigating the complexities of the federal court system as pro se litigants.
Faced with a landscape devoid of resources, incarcerated individuals struggle to realize their constitutional rights, further perpetuating their collective status as a second-class citizenry—a status imposed by their own …
Creative Jurisprudence: The Paradox Of Free Speech Absolutism, R. George Wright, Chris Rowley
Creative Jurisprudence: The Paradox Of Free Speech Absolutism, R. George Wright, Chris Rowley
University of Colorado Law Review Forum
Governments often seek to restrict speech on the basis of its content, navigating the ever-complex terrain between constitutional freedoms and regulatory interests. While the United States judiciary has historically endeavored to balance competing constitutional questions and government interests when scrutinizing content-based speech regulations, recent trends signify a troubling shift. The judiciary has recently embraced what this Article refers to as free speech absolutism, whereby it sidesteps the longstanding, intricate process of balancing constitutional values and public interests, in favor of an unequivocal endorsement of speech rights. This simplified judicial strategy proceeds first with an acknowledgment of the paramount importance of …
The Bankruptcy Of Purdue Pharma In The Wake Of Big Tobacco, Jacob Hedgpeth
The Bankruptcy Of Purdue Pharma In The Wake Of Big Tobacco, Jacob Hedgpeth
University of Colorado Law Review Forum
Two distinct public health crises shook the United States from 1954 to 2023: nicotine addiction from tobacco products, and opioid addiction starting with Purdue Pharmaceutical’s OxyContin. These crises resulted in millions of deaths and immense costs to the country as a whole. The nicotine crisis ended in a national settlement against four major tobacco manufacturers, which yielded hundreds of millions of dollars for those harmed by these products. The owners of Purdue, however, opted for bankruptcy instead of settlement, keeping the majority of the money made from OxyContin for Purdue’s owners, the Sackler family.
These four tobacco giants and Purdue …
Biden, Bennet, And Bipartisan Federal Judicial Selection, Carl Tobias
Biden, Bennet, And Bipartisan Federal Judicial Selection, Carl Tobias
University of Colorado Law Review Forum
No abstract provided.
Civil Procedure And The New Bar Exam, Jeffrey A. Parness
Civil Procedure And The New Bar Exam, Jeffrey A. Parness
University of Colorado Law Review Forum
No abstract provided.
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.
Access To Justice For Immigrants: A Lecture Presented In Memory Of Breana Boss, Ingrid Eagly
Access To Justice For Immigrants: A Lecture Presented In Memory Of Breana Boss, Ingrid Eagly
University of Colorado Law Review Forum
No abstract provided.
Bucklew V. Precythe And The Resurgence Of The Method Of Execution Challenge, Hannah York
Bucklew V. Precythe And The Resurgence Of The Method Of Execution Challenge, Hannah York
University of Colorado Law Review Forum
No abstract provided.
Organizing A Business Law Department Within A Law School, William J. Carney
Organizing A Business Law Department Within A Law School, William J. Carney
University of Colorado Law Review Forum
No abstract provided.
Unclear And Unestablished: Exploring The Supreme Court/Tenth Circuit Disconnect In Qualified Immunity Jurisprudence, Josiah Cohen
Unclear And Unestablished: Exploring The Supreme Court/Tenth Circuit Disconnect In Qualified Immunity Jurisprudence, Josiah Cohen
University of Colorado Law Review Forum
No abstract provided.
Telehealth And Telework Accessibility In A Pandemic-Induced Virtual World, Blake Reid, Christian Vogler, Zainab Alkebsi
Telehealth And Telework Accessibility In A Pandemic-Induced Virtual World, Blake Reid, Christian Vogler, Zainab Alkebsi
University of Colorado Law Review Forum
This short essay explores one dimension of disability law’s COVID-related “frailty”: how the pandemic has undermined equal access to employment and healthcare for Americans who are deaf or hard of hearing as healthcare and employment migrate toward telehealth and telework activities. This essay’s authors—a clinical law professor; a computer scientist whose research focuses on accessible technology; and a deaf policy attorney for the nation’s premier civil rights organization of, by, and for deaf and hard of hearing individuals in the United States—have collaborated over the past months on detailed advocacy documents aimed at helping deaf and hard of hearing patients …
Democracy And The Fourth Seat: Kagan’S Jurisprudence,Stevens’S Legacy, Lauren Dimartino
Democracy And The Fourth Seat: Kagan’S Jurisprudence,Stevens’S Legacy, Lauren Dimartino
University of Colorado Law Review Forum
No abstract provided.
Criminal Law In Crisis, Benjamin Levin
Criminal Law In Crisis, Benjamin Levin
University of Colorado Law Review Forum
In this Essay, I offer a brief account of how the COVID-19 pandemic lays bare the realities and structural flaws of the carceral state. I provide two primary examples or illustrations, but they are not meant to serve as an exhaustive list. Rather, by highlighting these issues, problems, or (perhaps) features, I mean to suggest that this moment of crisis should serve not just as an opportunity to marshal resources to address the pandemic, but also as a chance to address the harsh realities of the U.S. criminal system. Further, my claim isn’t that criminal law is in some way …
Implementing The United Nations Declaration On The Rights Of Indigenous Peoples In The United States: A Call To Action For Inspired Advocacy In Indian Country., Kristen Carpenter, Edyael Casaperalta, Danielle Lazore-Thompson
Implementing The United Nations Declaration On The Rights Of Indigenous Peoples In The United States: A Call To Action For Inspired Advocacy In Indian Country., Kristen Carpenter, Edyael Casaperalta, Danielle Lazore-Thompson
University of Colorado Law Review Forum
No abstract provided.
Not Just Air Pollution: How The Clean Air Act Can Fix Zoning, Transportation, And Afforadable Housing, Nicholas D. Monck
Not Just Air Pollution: How The Clean Air Act Can Fix Zoning, Transportation, And Afforadable Housing, Nicholas D. Monck
University of Colorado Law Review Forum
The Clean Air Act of 1970 produced a revolution in environmental law. From its unique approach to federalism to its technology forcing provisions, it remains an innovative statute to this day. In light of the growing threat posed by climate change, federal administrators have worked to adapt its text to deal with greenhouse gasses and carbon emissions. Global warming, though, is not the only context in which the Clean Air Act (CAA) can be used in ways not originally intended. Although not meant as an urban planning law, the CAA’s Transportation Control Plans (TCPs) offer an opportunity to promote smarter …
Why You Should Be Unsettled By The Biggest Automotive Settlement In History, Sarah Dadush
Why You Should Be Unsettled By The Biggest Automotive Settlement In History, Sarah Dadush
University of Colorado Law Review Forum
No abstract provided.
Born This Way: Transgender Student Access To School Bathrooms, Madison Shaner
Born This Way: Transgender Student Access To School Bathrooms, Madison Shaner
University of Colorado Law Review Forum
No abstract provided.
Nonconsensual Pornography: Prevention Is Key, Matthew Edward Carey
Nonconsensual Pornography: Prevention Is Key, Matthew Edward Carey
University of Colorado Law Review Forum
No abstract provided.
Captive Callers: How Regulators Can Address Paradoxical Pricing In The Ics Industry After Global Tel*Link, Taggart R. Mosholder
Captive Callers: How Regulators Can Address Paradoxical Pricing In The Ics Industry After Global Tel*Link, Taggart R. Mosholder
University of Colorado Law Review Forum
No abstract provided.
What Remains Of The Exclusionary Rule?, Will Hauptman
What Remains Of The Exclusionary Rule?, Will Hauptman
University of Colorado Law Review Forum
No abstract provided.
Bob Nagel And The Emptiness Of The Supreme Court Standards Of Review, Larry Alexander
Bob Nagel And The Emptiness Of The Supreme Court Standards Of Review, Larry Alexander
University of Colorado Law Review Forum
In this piece, written to honor Robert Nagel on his retirement, I focus on the arguments he made in a student note on the Supreme Court's rational basis standard of review.