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University of Colorado Law School

2003

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Articles 61 - 77 of 77

Full-Text Articles in Law

Water Management In The United States And The Fate Of The Colorado River Delta In Mexico, David H. Getches Jan 2003

Water Management In The United States And The Fate Of The Colorado River Delta In Mexico, David H. Getches

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No abstract provided.

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Daubert Asks The Right Questions: Now Appellate Courts Should Help Find The Right Answers, Christopher B. Mueller Jan 2003

Daubert Asks The Right Questions: Now Appellate Courts Should Help Find The Right Answers, Christopher B. Mueller

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No abstract provided.

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You Can't Ask (Or Say) That: The First Amendment And Civil Rights Restrictions On Decisionmaker Speech, Helen Norton Jan 2003

You Can't Ask (Or Say) That: The First Amendment And Civil Rights Restrictions On Decisionmaker Speech, Helen Norton

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Federal, state, and local civil rights laws regulate private decisionmaking about whom an employer may hire or fire, to whom a landlord may rent an apartment, or to whom a creditor may extend credit. In prohibiting discriminatory conduct, however, these laws also limit the speech of those making these decisions. In this Article, Professor Norton explores how we might think about these civil rights laws in the context of the First Amendment, and their place within the Supreme Court's commercial speech jurisprudence. She concludes that the speech restricted by these laws may be characterized as falling outside the protection of …

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Contractarian Economics And Mediation Ethics: The Case For Customizing Neutrality Through Contingent Fee Mediation, Scott R. Peppet Jan 2003

Contractarian Economics And Mediation Ethics: The Case For Customizing Neutrality Through Contingent Fee Mediation, Scott R. Peppet

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No abstract provided.

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The Right To Receive Information, Susan Nevelow Mart Jan 2003

The Right To Receive Information, Susan Nevelow Mart

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Ms. Mart examines the legal evolution of the right to receive information, particularly focusing on its application to libraries, beginning with the Supreme Court holding in Board of Education v. Pico, and followed by cases that have considered the meaning of Pico in a variety of library-related contexts.

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The Catalog Vs. The Home Page? Best Practices In Connecting To Online Resources, Georgia Briscoe, Karen Selden, Cheryl Rae Nyberg Jan 2003

The Catalog Vs. The Home Page? Best Practices In Connecting To Online Resources, Georgia Briscoe, Karen Selden, Cheryl Rae Nyberg

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Connecting users to the best available sources of legal information is one of the traditional functions of the law library. These sources now include Web sites, electronic journals, and subscription databases. This article explores the best way to bring these useful Internet resources to the attention of users, concentrating on the pros and cons of using the catalog or the home page.

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The Monumental Legacy Of The Antiquities Act Of 1906, Mark Squillace Jan 2003

The Monumental Legacy Of The Antiquities Act Of 1906, Mark Squillace

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The Antiquities Act of 1906 authorizes the President of the United States "to declare by public proclamation, historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon [federal] lands . . . to be national monuments . . . " The law was passed during the Theodore Roosevelt administration, and Roosevelt quickly set about designating a wide range of lands and resources as national monuments, including notably, the 800,000 acre Grand Canyon National Monument. Roosevelt's expansive interpretation of the law was embraced by later presidents and ultimately by the Supreme Court. In …

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Western Justice, Richard B. Collins Jan 2003

Western Justice, Richard B. Collins

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No abstract provided.

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Litigation Narratives: Why Jensen V. Ellerth Didn't Change Sexual Harassment Law, But Still Has A Story Worth Telling, Melissa Hart Jan 2003

Litigation Narratives: Why Jensen V. Ellerth Didn't Change Sexual Harassment Law, But Still Has A Story Worth Telling, Melissa Hart

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No abstract provided.

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Trust, Guilt, And Securities Regulation, Peter H. Huang Jan 2003

Trust, Guilt, And Securities Regulation, Peter H. Huang

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This Article analyzes the importance of trust in securities investing and how guilt about breaching such trust has implications for securities regulation. Both U.S. federal securities laws and the regulations of the National Association of Securities Dealers impose high standards of professional conduct upon securities professionals. But exactly what are and should be the legal responsibilities of securities professionals remain the subject of much debate. In particular, courts disagree over when broker-dealers are fiduciaries of their clients. A legal consequence of a fiduciary relationship is a duty of fair dealing. This Article is the first to analyze the emotional, moral, …

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Mountains Without Handrails … Wilderness Without Cellphones, Sarah Krakoff Jan 2003

Mountains Without Handrails … Wilderness Without Cellphones, Sarah Krakoff

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No abstract provided.

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Transactional Mediation: Using Mediators In Deals, Scott Peppet Jan 2003

Transactional Mediation: Using Mediators In Deals, Scott Peppet

Publications

This article addresses whether third-party mediators could be helpful in deal-making, just as they are in resolving disputes. It makes a theoretical case for such use of mediators and presents preliminary evidence that transactional mediation already is taking place.

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Six Opinions By Mr. Justice Stevens: A New Methodology For Constitutional Cases?, Robert F. Nagel Jan 2003

Six Opinions By Mr. Justice Stevens: A New Methodology For Constitutional Cases?, Robert F. Nagel

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No abstract provided.

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Cooperative Federalism And Its Challenges, Philip J. Weiser Jan 2003

Cooperative Federalism And Its Challenges, Philip J. Weiser

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No abstract provided.

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Regulatory Challenges And Models Of Regulation, Philip J. Weiser Jan 2003

Regulatory Challenges And Models Of Regulation, Philip J. Weiser

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No abstract provided.

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In The Absence Of Title: Responding To Federal Ownership In Sacred Sites Cases, Kristen A. Carpenter Jan 2003

In The Absence Of Title: Responding To Federal Ownership In Sacred Sites Cases, Kristen A. Carpenter

Publications

This paper examines the challenge of protecting American Indian sacred sites located on federal public lands. Many have addressed this issue in the religious freedoms context, but I believe the problem is just as much about property law. The Supreme Court's decision in Lyng v. Northwest Indian Cemetery Protective Association, for example, would appear to suggest that federal ownership of certain sacred sites trumps tribal free exercise clause claims regarding those sites. This holding corresponds with a classic model in which "[p]roperty is about rights over things and the people who have those rights are called owners." However, a …

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Toward A Next Generation Regulatory Strategy, Philip J. Weiser Jan 2003

Toward A Next Generation Regulatory Strategy, Philip J. Weiser

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The FCC is now facing a set of issues that will help shape the future evolution of the Internet and the role of government in its development. In particular, the FCC is in the midst of designing a regulatory regime for broadband platforms. To do so, the FCC must decide both on the appropriate regulatory classification for such platforms and what legal rules (if any) should govern access to such platforms. This Article explains how the FCC, using its "ancillary jurisdiction" authority under Title I of the Communications Act, can develop a reactive regulatory regime that examines allegations of discriminatory …

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