Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Supreme Court of the United States (112)
- Constitutional Law (69)
- State and Local Government Law (28)
- Civil Rights and Discrimination (27)
- Jurisprudence (24)
-
- Law and Politics (22)
- Legal History (20)
- First Amendment (18)
- Judges (18)
- Litigation (18)
- Indigenous, Indian, and Aboriginal Law (17)
- Legislation (16)
- Courts (15)
- Administrative Law (14)
- Criminal Procedure (14)
- Law and Race (14)
- Jurisdiction (13)
- Labor and Employment Law (13)
- Law and Gender (11)
- Civil Procedure (10)
- Fourteenth Amendment (10)
- Legal Education (9)
- President/Executive Department (9)
- Property Law and Real Estate (9)
- Evidence (8)
- Legal Biography (8)
- Water Law (8)
- Legal Writing and Research (7)
- Natural Resources Law (7)
- Publication Year
- Publication
-
- Publications (111)
- University of Colorado Law Review Forum (5)
- Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9) (2)
- Research Data (2)
- Arizona v. California at 50: The Legacy and Future of Governance, Reserved Rights, and Water Transfers (Martz Summer Conference, August 15-16) (1)
-
- Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12) (1)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (1)
- University of Colorado Law Review (1)
- Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4) (1)
- Publication Type
Articles 1 - 30 of 125
Full-Text Articles in Law
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.
Text Is Not Enough, Anuj C. Desai
Text Is Not Enough, Anuj C. Desai
University of Colorado Law Review
In Bostock v. Clayton County, the Supreme Court held that Title VII of the Civil Rights Act of 1964 protects gay and lesbian individuals from employment discrimination. The three opinions in the case also provided a feast for Court watchers who study statutory interpretation. Commentators across the ideological spectrum have described the opinions as dueling examples of textualism. The conventional wisdom is thus that Bostock shows the triumph of textualism. The conventional wisdom is wrong. Instead, Bostock shows what those who have studied statutory interpretation have known for decades: judges are multimodalists, drawing from a panoply of forms of …
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.
Abortion Rights In The Supreme Court: A Tale Of Three Wedges, Jennifer S. Hendricks
Abortion Rights In The Supreme Court: A Tale Of Three Wedges, Jennifer S. Hendricks
Publications
No abstract provided.
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.
Procedural Law, The Supreme Court, And The Erosion Of Private Rights Enforcement, Suzette M. Malveaux
Procedural Law, The Supreme Court, And The Erosion Of Private Rights Enforcement, Suzette M. Malveaux
Publications
No abstract provided.
The Failure Of The Criminal Procedure Revolution, William T. Pizzi
The Failure Of The Criminal Procedure Revolution, William T. Pizzi
Publications
No abstract provided.
Reproductive Health Care Exceptionalism And The Pandemic, Helen Norton
Reproductive Health Care Exceptionalism And The Pandemic, Helen Norton
Publications
No abstract provided.
Memorandum, Masterpiece Cakeshop, Ltd. V. Colo. Civil Rights Comm., __ U.S. __ (2017): Legislative History Of Sb08-200, Matt Simonsen
Memorandum, Masterpiece Cakeshop, Ltd. V. Colo. Civil Rights Comm., __ U.S. __ (2017): Legislative History Of Sb08-200, Matt Simonsen
Research Data
This legal Memorandum on the legislative history of a 2008 amendment to the Colorado Anti-Discrimination Act (CADA) was researched and written by Matt Simonsen, J.D. Candidate 2019, University of Colorado Law School, and submitted to law professors Craig Konnoth and Melissa Hart. The Memorandum is cited in Brief of Amici Curiae Colorado Organizations and Individuals in Support of Respondents, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, __U.S.__ (2018) (No. 16-111).
4 p.
"The legislative history primarily identifies two issues that SB08-200 was designed to resolve: (1) the need for dignity and access to justice for LGBT people and …
Master File, Masterpiece Cakeshop, Ltd. V. Colo. Civil Rights Comm., __ U.S. __ (2017): Legislative History Of Sb08-200, Matt Simonsen
Master File, Masterpiece Cakeshop, Ltd. V. Colo. Civil Rights Comm., __ U.S. __ (2017): Legislative History Of Sb08-200, Matt Simonsen
Research Data
This Master File of the legislative history of a 2008 amendment to the Colorado Anti-Discrimination Act (CADA) was researched and compiled by Matt Simonsen, J.D. Candidate 2019, University of Colorado Law School, and submitted to law professors Craig Konnoth and Melissa Hart. The SB08-200 Master File is cited in Brief of Amici Curiae Colorado Organizations and Individuals in Support of Respondents, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, __U.S.__ (2018) (No. 16-111).
449 p.
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.
The Impact Of Wal-Mart V. Dukes On Employment Discrimination Class Actions Five Years Out: A Forecast That Suggests More Of A Wave Than A Tsunami, Suzette M. Malveaux
The Impact Of Wal-Mart V. Dukes On Employment Discrimination Class Actions Five Years Out: A Forecast That Suggests More Of A Wave Than A Tsunami, Suzette M. Malveaux
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.
Conservatives And The Court, Robert F. Nagel
Recovering Forgotten Struggles Over The Constitutional Meaning Of Equality, Helen Norton
Recovering Forgotten Struggles Over The Constitutional Meaning Of Equality, Helen Norton
Publications
No abstract provided.
Re-Ordering The First Amendment, Melissa Hart
Energy Deference, Sharon B. Jacobs
Energy Deference, Sharon B. Jacobs
Publications
Electricity law is complex, and the Supreme Court knows it. Lawyers are familiar with the adage that generalist courts tend to defer to agency decisions where the subject matter is complex or technical. But what features of a case make the Court more or less likely to defer to the agency's judgment? And how exactly do deference regimes work in the presence of complexity? This essay offers insights gleaned from Court's opinion in Federal Energy Regulatory Commission v. Electric Power Supply Ass’n (“EPSA”). It explains, first, that Courts are highly deferential in energy cases due to both the complexity of …
Slides: Wrapping Up The Big Horn Adjudication: Lessons After 38 Years And 20,000 Claims, Ramsey L. Kropf
Slides: Wrapping Up The Big Horn Adjudication: Lessons After 38 Years And 20,000 Claims, Ramsey L. Kropf
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Ramsey L. Kropf, Deputy Solicitor for Water Resources, Office of the Solicitor, U.S. Department of the Interior
34 slides
Administering Section 2 Of The Voting Rights Act After Shelby County, Christopher S. Elmendorf, Douglas M. Spencer
Administering Section 2 Of The Voting Rights Act After Shelby County, Christopher S. Elmendorf, Douglas M. Spencer
Publications
Until the Supreme Court put an end to it in Shelby County v. Holder, section 5 of the Voting Rights Act was widely regarded as an effective, low-cost tool for blocking potentially discriminatory changes to election laws and administrative practices. The provision the Supreme Court left standing, section 2, is generally seen as expensive, cumbersome, and almost wholly ineffective at blocking changes before they take effect. This Article argues that the courts, in partnership with the Department of Justice, could reform section 2 so that it fills much of the gap left by the Supreme Court's evisceration of section …
A Pragmatic Approach To Interpreting The Federal Rules, Suzette M. Malveaux
A Pragmatic Approach To Interpreting The Federal Rules, Suzette M. Malveaux
Publications
No abstract provided.
A Diamond In The Rough: Trans-Substantivity Of The Federal Rules Of Civil Procedure And Its Detrimental Impact On Civil Rights, Suzette Malveaux
A Diamond In The Rough: Trans-Substantivity Of The Federal Rules Of Civil Procedure And Its Detrimental Impact On Civil Rights, Suzette Malveaux
Publications
No abstract provided.
Agenda: Arizona V. California At 50: The Legacy And Future Of Governance, Reserved Rights, And Water Transfers, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Agenda: Arizona V. California At 50: The Legacy And Future Of Governance, Reserved Rights, And Water Transfers, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Arizona v. California at 50: The Legacy and Future of Governance, Reserved Rights, and Water Transfers (Martz Summer Conference, August 15-16)
The Colorado River is an economic, environmental and cultural lifeline of the southwestern United States, and the allocation of its scarce waters are a source of ongoing controversy. This year marks the 50th anniversary of the Supreme Court decision in Arizona v. California. While the case was an important landmark in the still-evolving relationship between these two Lower Basin states, it remains most relevant today by the way in which it clarified federal rights and responsibilities. This is especially true in the areas of federal (including tribal) reserved rights, the role of the Interior Secretary in Lower Basin water …
From Space-Off To Represented Space, Lolita Buckner Inniss
From Space-Off To Represented Space, Lolita Buckner Inniss
Publications
In Reimagining Equality: Stories of Gender, Race, and Finding Home, author Anita Hill explores some of the literal and figurative meanings of "home," focusing specifically on African-American women in their quest for home. Hill layers discussions of law, literature, and culture with stories of individual women, both historic and contemporary. In Reimagining Equality, Hill takes on a topic clearly distinct from the Clarence Thomas Senate confirmation hearings, the episode for which she is best known. Her work here is, nonetheless, evocative of her struggle in those hearings, because the book addresses the interrelation between gender, race, place, space, …
The Power And Promise Of Procedure: Examining The Class Action Landscape After Wal-Mart V. Dukes, Suzette M. Malveaux
The Power And Promise Of Procedure: Examining The Class Action Landscape After Wal-Mart V. Dukes, Suzette M. Malveaux
Publications
No abstract provided.
Never Construed To Their Prejudice: In Honor Of David Getches, Richard B. Collins
Never Construed To Their Prejudice: In Honor Of David Getches, Richard B. Collins
Publications
This article reviews and analyzes the judicial canons of construction for Native American treaties and statutes. It discusses their theoretical justifications and practical applications. It concludes that the treaty canon has ready support in contract law and the law of treaty interpretation. Justification of the statutory canon is more challenging and could be strengthened by attention to the democratic deficit when Congress imposes laws on Indian country. Applications of the canons have mattered in disputes between Indian nations and private or state interests. They have made much less difference, and have suffered major failings, in disputes with the federal government. …
The Judicial Assault On The Clean Water Act, Mark Squillace
The Judicial Assault On The Clean Water Act, Mark Squillace
Publications
No abstract provided.
Government Speech In Transition, Helen Norton
Government Speech In Transition, Helen Norton
Publications
This symposium essay explores the legacy of the Supreme Court’s decision in Johanns v. Livestock Mktg. Ass’n. There the Court offered its clearest articulation to date of its emerging government speech doctrine. After characterizing contested expression as the government’s, the Court then held such government speech to be exempt from free speech clause scrutiny. In so doing, the Court solved at least one substantial problem, but created others that remain unresolved today. On one hand, Johanns marked the Court’s long overdue recognition of the ubiquity and importance of government speech, appropriately exempting the government’s own expressive choices from free …
The Flight From Judgment: Reflections On Benjamin Barton’S An Empirical Study Of Supreme Court Justice Pre-Appointment Experience, Jennifer Hendricks
The Flight From Judgment: Reflections On Benjamin Barton’S An Empirical Study Of Supreme Court Justice Pre-Appointment Experience, Jennifer Hendricks
Publications
Discusses J. McIntyre Machinery, Ltd. v. Nicastro as an example of the Supreme Court's failure to rely on practical wisdom, in connection with the historic shift toward increasingly elite credentials for the justices.
Plausibility Pleading And Employment Discrimination, Suzette M. Malveaux
Plausibility Pleading And Employment Discrimination, Suzette M. Malveaux
Publications
No abstract provided.