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- Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002) (53)
- Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14) (48)
- Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17) (40)
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- Coalbed Methane Development in the Intermountain West (April 4-5) (33)
- Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19) (30)
- New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10) (29)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (28)
- Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11) (26)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (26)
- Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12) (25)
- Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10) (25)
- Water and Growth in the West (Summer Conference, June 7-9) (25)
- Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13) (24)
- Dams: Water and Power in the New West (Summer Conference, June 2-4) (24)
- Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15) (24)
- Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3) (24)
- Natural Resource Development in Indian Country (Summer Conference, June 8-10) (23)
- Proceedings of the Sino-American Conference on Environmental Law (August 16) (23)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (23)
- The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18) (23)
- Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11) (23)
- Sustainable Use of the West's Water (Summer Conference, June 12-14) (22)
- The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10) (22)
- Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13) (22)
- Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12) (21)
- Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10) (21)
- Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6) (21)
- Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3) (21)
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Articles 1 - 30 of 2856
Full-Text Articles in Law
Uncommon Carriage, Blake Reid
Uncommon Carriage, Blake Reid
Publications
As states have begun regulating the carriage of speech by “Big Tech” internet platforms, scholars, advocates, and policymakers have increasingly focused their attention on the law of common carriage. Legislators have invoked common carriage to defend social media regulations against First Amendment challenges, making arguments set to take center stage in the Supreme Court’s impending consideration of the NetChoice saga.
This Article challenges the coherence of common carriage as a field and its utility for assessing the constitutionality and policy wisdom of internet regulation. Evaluating the post-Civil War history of common carriage regimes in telecommunications law, this Article illustrates that …
Consider Buffalo, Pierre Schlag
The Structure Of U.S. Climate Policy, Michael Pappas
The Structure Of U.S. Climate Policy, Michael Pappas
Publications
Urgent emission reduction and community adaptation efforts are necessary to avert catastrophic climate-change harms. To assess our nation’s progress toward such efforts, this Article develops a comprehensive structural analysis of U.S. climate policy at the federal, state, and local levels. It observes that current climate policies reflect disparate federal, state, and local strategies around emissions regulation, emission reduction subsidies, adaptation, and liability approaches. The Article then analyzes the dynamics between federal, state, and local strategies in these policy areas.
This examination leads to some surprising conclusions. Under current policy alignments, further emission regulation measures do not appear to be realistic …
Trans Animus, Scott Skinner-Thompson
Corporate Climate Targets: Between Science And Climate Washing, Nadav Orian Peer
Corporate Climate Targets: Between Science And Climate Washing, Nadav Orian Peer
Publications
The use of corporate climate targets has exploded in recent years. Over three thousand corporations, including the largest and most profitable in the world, have adopted corporate climate targets as commitments to align their actions with climate science and the Paris Agreement. However, the broad adoption of these targets raises important questions: are these commitments truly aligned with science in the way they are advertised, or do they raise “climate washing” concerns, i.e., do they exaggerate the benefits and significance of the climate targets? This Article investigates the role that science actually plays within targets, and explores potential theories of …
The Minerals Challenge For Renewable Energy, Mark Squillace
The Minerals Challenge For Renewable Energy, Mark Squillace
Publications
One potential obstacle to a successful energy transition involves the critical minerals used in production of photovoltaic solar panels, wind turbines, electric vehicles, and batteries. A substantial portion of these will have to come from new and expanded mining operations around the world. But mining is controversial, in part due to the past failures of operators to protect communities and the environment. This Article considers how nations can responsibly identify, source, and process these minerals, and then deploy them in renewable energy products. Its scope is global, but U.S. laws and policies take center stage with a nod to the …
Risky Speech Systems: Tort Liability For Ai-Generated Illegal Speech, Margot E. Kaminski
Risky Speech Systems: Tort Liability For Ai-Generated Illegal Speech, Margot E. Kaminski
Publications
No abstract provided.
Second Amendment Immigration Exceptionalism, Pratheepan Gulasekaram
Second Amendment Immigration Exceptionalism, Pratheepan Gulasekaram
Publications
This Essay critiques the decision to uphold federal gun restrictions on unlawfully present noncitizens on the basis of "immigration exceptionalism." It argues that courts should avoid applying bespoke constitutionalism to criminal laws, including gun laws, simply because the law regulates noncitizens. This Essay shows why such exceptional modes misapprehend long-decided Supreme Court cases and well-established legal doctrine. Further, it warns that an exceptional approach to Second Amendment claims by unlawfully present noncitizens cannot be cabined to either firearms or the unlawfully present. Rather, it portends a wider gulf in constitutional protections for all noncitizens across a variety of fundamental criminal …
Chatgpt, Ai Large Language Models, And Law, Harry Surden
Chatgpt, Ai Large Language Models, And Law, Harry Surden
Publications
This Essay explores Artificial Intelligence (AI) Large Language Models (LLMs) like ChatGPT/GPT-4, detailing the advances and challenges in applying AI to law. It first explains how these AI technologies work at an understandable level. It then examines the significant evolution of LLMs since 2022 and their improved capabilities in understanding and generating complex documents, such as legal texts. Finally, this Essay discusses the limitations of these technologies, offering a balanced view of their potential role in legal work.
Protecting Water, Sustaining Communities: Transforming Groundwater Management Entities Into Sources Of Power During And After Environmental Crises, Sarah Matsumoto
Protecting Water, Sustaining Communities: Transforming Groundwater Management Entities Into Sources Of Power During And After Environmental Crises, Sarah Matsumoto
Publications
No abstract provided.
Policies Regulating Gender In Schools: Companion To Identity By Committee (2022), Scott Skinner-Thompson
Policies Regulating Gender In Schools: Companion To Identity By Committee (2022), Scott Skinner-Thompson
Research Data
This document, Policies Regulating Gender in Schools: Companion to Identity by Committee (2022), https://docs.google.com/spreadsheets/d/1K6iUkLnmDfaSVykyRaZ3Yqt7XNM9leGO-MQA6p2VbV4/edit?usp=Sharing, was published as an electronic supplement to the article, Scott Skinner-Thompson, Identity by Committee, 57 Harv. C.R.-C.L. L. Rev. 657 (2022), available at https://scholar.law.colorado.edu/faculty-articles/1586.
Toward Stronger Data Protection Laws, Margot E. Kaminski
Toward Stronger Data Protection Laws, Margot E. Kaminski
Publications
No abstract provided.
How Academic Law Librarian Fellowship Programs Benefit Participants & Sponsoring Institutions, Aamir S. Abdullah, Cody B. James
How Academic Law Librarian Fellowship Programs Benefit Participants & Sponsoring Institutions, Aamir S. Abdullah, Cody B. James
Publications
No abstract provided.
Money Creation And Bank Clearing, Nadav Orian Peer
Money Creation And Bank Clearing, Nadav Orian Peer
Publications
Like many other countries, the U.S. money supply consists primarily of deposits created by private commercial banks. How we understand bank money creation matters enormously. We are currently witnessing a debate between two competing understandings. On the one hand, a long-standing conventional view argues that bank money creation originates in individual market transactions. Based on this understanding, the conventional view narrowly limits the scope of banking regulation to market failure correction. On the other hand, authors in a new legal literature emphasize the public aspects of bank money creation, characterizing it as a “public franchise,” a “public-private partnership,” and part …
Getting To Trustworthiness (But Not Necessarily To Trust), Helen L. Norton
Getting To Trustworthiness (But Not Necessarily To Trust), Helen L. Norton
Publications
As ethicist and political scientist Russell Hardin observed, our willingness to trust an actor generally turns on our own experience with, and thus our own perceptions of, that actor’s motives and that actor’s competence. Changes over time and technology can alter our experience with a particular actor and thus our willingness to trust or distrust that actor.
This symposium essay focuses not on how to encourage the public to trust the media, but instead on how the media’ can behave in trustworthy ways--in other words, how its choices can demonstrate its trustworthy motives and competence. Examples include refusing to amplify …
“Aspirations”: The United States And Indigenous Peoples’ Human Rights, Kristen A. Carpenter
“Aspirations”: The United States And Indigenous Peoples’ Human Rights, Kristen A. Carpenter
Publications
The United States has long positioned itself as a leader in global human rights. Yet, the United States lags curiously behind when it comes to the human rights of Indigenous Peoples. This recalcitrance is particularly apparent in diplomacy regarding the United Nations Declaration on the Rights of Indigenous Peoples. Adopted by the United Nations General Assembly in 2007, the Declaration affirms the rights of Indigenous Peoples to self-determination and equality, as well as religion, culture, land, health, family, and other aspects of human dignity necessary for individual life and collective survival. This instrument was advanced over several decades by Indigenous …
How Private Actors Are Impacting U.S. Economic Sanctions, Maryam Jamshidi
How Private Actors Are Impacting U.S. Economic Sanctions, Maryam Jamshidi
Publications
Economic and trade sanctions are typically understood as the exclusive province of governments and intergovernmental organizations. Private parties have, however, long played a role in sanctions regimes. For example, private plaintiffs holding unsatisfied, terrorism-related civil judgments have used various U.S. federal statutes to enforce those judgments against assets blocked by U.S. sanctions. Most recently, plaintiffs with judgments against the Taliban have used some of those federal laws to execute against the financial assets of Afghanistan’s central bank. These and other efforts to enforce terrorism-related civil judgments are more than just attempts to collect on outstanding damages awards. Rather, they allow …
Glow Up Your Youtube Playlist Video Bangers, Branding & More Educational Technologies, Aamir S. Abdullah, Havilah Joy-Steinmen Bakken, Rachel Evans, Valerie Horton, Jason Tobinis
Glow Up Your Youtube Playlist Video Bangers, Branding & More Educational Technologies, Aamir S. Abdullah, Havilah Joy-Steinmen Bakken, Rachel Evans, Valerie Horton, Jason Tobinis
Publications
Tips for creating, growing, and maintaining your institution’s YouTube channel and presence.
The Private Enforcement Of National Security, Maryam Jamshidi
The Private Enforcement Of National Security, Maryam Jamshidi
Publications
The private enforcement of public law is a central feature of the American administrative state. As various scholars have argued, the federal government depends upon private parties to enforce public laws through litigation in order to achieve the government’s regulatory objectives. This scholarship has, however, largely overlooked the phenomenon of private enforcement in the national security arena. This Article seeks to describe and analyze national security’s private enforcement for the first time. In doing so, it explores what national security’s private enforcement reveals about the costs of private enforcement more broadly. In particular, this Article identifies an important downside to …
The War On Terror & Vigilante Federalism, Maryam Jamshidi
The War On Terror & Vigilante Federalism, Maryam Jamshidi
Publications
No abstract provided.
The Future Of Intersectionality In Employment Law, Suzette Malveaux
The Future Of Intersectionality In Employment Law, Suzette Malveaux
Publications
No abstract provided.
Reconsidering The Public Square, Helen L. Norton
Regulating The Risks Of Ai, Margot E. Kaminski
Regulating The Risks Of Ai, Margot E. Kaminski
Publications
Companies and governments now use Artificial Intelligence (“AI”) in a wide range of settings. But using AI leads to well-known risks that arguably present challenges for a traditional liability model. It is thus unsurprising that lawmakers in both the United States and the European Union (“EU”) have turned to the tools of risk regulation in governing AI systems.
This Article describes the growing convergence around risk regulation in AI governance. It then addresses the question: what does it mean to use risk regulation to govern AI systems? The primary contribution of this Article is to offer an analytic framework for …
Electoral Maintenance, Douglas M. Spencer
Electoral Maintenance, Douglas M. Spencer
Publications
According to the U.S. Supreme Court, the right to vote is fundamental because it is preservative of all rights, and yet in many cases legal protections for the right to vote fall short of protections for the other rights that voting is meant to preserve. Redefining the right to vote cannot solve this problem alone. Election administration has at least as much consequence on the right to vote as any particular definition or legal theory. In Democracy’s Bureaucracy, Michael Morse draws our attention to one of the most important yet understudied issues of election administration: voter list maintenance. In addition …
Redistricting’S Ultimate Antidote, Douglas M. Spencer
Redistricting’S Ultimate Antidote, Douglas M. Spencer
Publications
No abstract provided.
Accounting For Climate Impacts In Decisionmaking, Mark S. Squillace
Accounting For Climate Impacts In Decisionmaking, Mark S. Squillace
Publications
Every significant decision made by government agencies, and many made by private organizations, impacts climate change. Ignoring those impacts is increasingly unacceptable. But how to account for a decision’s impact on the climate is far from clear. This article seeks to answer that question in the context of the greenhouse gas (GHG) emissions that will likely result from a proposed action and begins with a detailed description of the environmental impact assessment (EIA) process. EIA is crucial to understanding the likely consequences of a proposed action, including the climate-related consequences. EIA also serves as the primary vehicle for estimating GHG …
Sex Exceptionalism In Criminal Law, Aya Gruber
Sex Exceptionalism In Criminal Law, Aya Gruber
Publications
Sex crimes are the worst crimes. People generally believe that sexual assault is graver than nonsexual assault, uninvited sexual compliments are worse than nonsexual insults, and sex work is different from work. Criminal codes typically create a dedicated category for sex offenses, uniting under its umbrella conduct ranging from violent attacks to consensual commercial transactions. This exceptionalist treatment of sex as categorically different rarely elicits discussion, much less debate. Sex exceptionalism, however, is neither natural nor neutral, and its political history should give us pause. This Article is the first to trace, catalog, and analyze sex exceptionalism in criminal law …
Naïve Realism, Cognitive Bias, And The Benefits And Risks Of Ai, Harry Surden
Naïve Realism, Cognitive Bias, And The Benefits And Risks Of Ai, Harry Surden
Publications
In this short piece I comment on Orly Lobel's book on artificial intelligence (AI) and society "The Equality Machine." Here, I reflect on the complex topic of aI and its impact on society, and the importance of acknowledging both its positive and negative aspects. More broadly, I discuss the various cognitive biases, such as naïve realism, epistemic bubbles, negativity bias, extremity bias, and the availability heuristic, that influence individuals' perceptions of AI, often leading to polarized viewpoints. Technology can both exacerbate and ameliorate these biases, and I commend Lobel's balanced approach to AI analysis as an example to emulate.
Although …
Visions For The International Decade Of Indigenous Languages 2022-2032, Kristen A. Carpenter, Andrew Cowell, Alexis Palmer
Visions For The International Decade Of Indigenous Languages 2022-2032, Kristen A. Carpenter, Andrew Cowell, Alexis Palmer
Publications
The United Nations General Assembly recently proclaimed the International Decade of Indigenous Languages ( "IDIL") from 2022-2032 to "to draw attention to the critical loss of indigenous languages and the urgent need to preserve, revitalize and promote indigenous languages and to take urgent steps at the national and international levels." The Decade is an opportunity to expose and address the severe loss of Indigenous Peoples' languages locally, regionally, and globally. It is a chance for the entire world community to gather together and commit to bringing Indigenous languages back from the brink of dormancy or extinction.
Racism Pays: How Racial Exploitation Gets Innovation Off The Ground, Daria Roithmayr
Racism Pays: How Racial Exploitation Gets Innovation Off The Ground, Daria Roithmayr
Publications
Recent work on the history of capitalism documents the key role that racial exploitation played in the launch of the global cotton economy and the construction of the transcontinental railroad. But racial exploitation is not a thing of the past. Drawing on three case studies, this Paper argues that some of our most celebrated innovations in the digital economy have gotten off the ground by racially exploiting workers of color, paying them less than the marginal revenue product of their labor for their essential contributions. Innovators like Apple and Uber have been able to racially exploit workers of color because …