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Getches-Wilkinson Center Newsletter, Spring 2015, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.

Amicus (Spring 2015), University Of Colorado Law School

Amicus

Issue at a glance:

• Describes Colorado Law's tradition of community
• Highlights students helping those in need
• Introduces the Tech Lawyer Accelerator program
• Announces the new one-year Master of Studies in Law - Patent Law program
• Celebrates Silicon Flatirons 15th Anniversary
• Features the 34th Annual Colorado Law Alumni Awards Banquet
• Remembers the legacy of deceased alumni
• Recognizes loyal donors
• Provides updates on Colorado Law alumni

Slides: Practicing Sustainability In Natural Resource Industries, Gary D. Libecap

Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)

Presenter: Gary D. Libecap, Bren School of Environmental Science and Management and Economics Department, University of California, Santa Barbara, National Bureau of Economic Research (NBER)

10 slides

Agenda: Seeds Of Change: Responding To Global Change In A Bottom-Up World, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law, Posner Center For International Development, Resolve (Firm), Newmont Mining Corporation

Seeds of Change: Responding to Global Change in a Bottom-Up World (Martz Winter Symposium, February 12-13)

Sponsors: Posner Center for International Development, RESOLVE, Inc., Newmont Mining Corporation, and Getches-Wilkinson Center for Natural Resources, Energy, and the Environment.

Conference moderators, panelists and speakers included University of Colorado Law School professors Phil Weiser, Sarah Krakoff, Britt Banks, and Lakshman Guruswamy.

This conference is made possible through the generous support of donors who sponsored this year’s Martz Sustainability Symposium (including Newmont Mining Corporation) and those who have invested in our Clyde O. Martz Endowed Fund for Natural Resources Management (including Brian Dolan and Davis Graham and Stubbs LLP). The Martz Natural Resources Management Fund was established in the memory …

The Bathtub Ring. Shrinking Lake Mead: Impacts On Water Supply, Hydropower, Recreation And The Environment, Ning Jiang, Season Martin, Julia Morton, Skyler Murphy, Colorado River Governance Initiative

Books, Reports, and Studies

4 pages (includes color illustrations and color maps).

The Value Of Water In The Colorado River Basin: A Snapshot Of A Fluid Landscape, Brian Annes, Colorado River Governance Initiative

Books, Reports, and Studies

33 pages.

The Case For Conservation, Colorado River Research Group

Books, Reports, and Studies

4 pages.

The unfolding success story of municipal and industrial conservation -- Agricultural water conservation and transfers -- Conclusion.

A Look At The Interim Guidelines At Their Mid-Point: How Are We Doing?, Colorado River Research Group

Books, Reports, and Studies

4 pages.

Legitimacy And Expertise In Global Internet Governance, Olivier Sylvain

Colorado Technology Law Journal

No abstract provided.

Front Matter, Colorado Technology Law Journal

Colorado Technology Law Journal

No abstract provided.

Reflections On Network Transitions And Social Contracts For The Broadband World, Kevin Werbach

Colorado Technology Law Journal

No abstract provided.

Table Of Contents, Colorado Technology Law Journal

Colorado Technology Law Journal

No abstract provided.

Beyond The Common Rule: Ethical Structures For Data Research In Non-Academic Settings, Jules Polonetsky, Omer Tene, Joseph Jerome

Colorado Technology Law Journal

No abstract provided.

The Importance Of Agency Design For Successful Competition Policy In Broadband, Maureen K. Ohlhausen

Colorado Technology Law Journal

No abstract provided.

The Upstream Effects Of The Streaming Revolution: A Look Into The Law And Economics Of A Spotify-Dominated Industry, Molly Hogan

Colorado Technology Law Journal

No abstract provided.

Airbnb: A Not-So-Safe Resting Place, Brittany Mcnamara

Colorado Technology Law Journal

No abstract provided.

Table Of Contents, Colorado Technology Law Journal

Colorado Technology Law Journal

No abstract provided.

Congress And Indians, Kirsten Matoy Carlson

University of Colorado Law Review

Contrary to popular narratives about courts protecting certain minority rights from majoritarian influences, Indian nations lose in the United States Supreme Court over 75 percent of the time. As a result, scholars, tribal leaders, and advocates have suggested that Congress, as opposed to the courts, may be more responsive to Indian interests and have turned to legislative strategies for pursuing and protecting tribal interests. Yet very little is known about the kinds of legislation Congress enacts relating to American Indians. This Article charts new territory in this understudied area and responds to recent calls for more empirical legal studies in …

Preventing Government Shutdowns: Designing Default Rules For Budgets, David Scott Louk, David Gamage

University of Colorado Law Review

In nearly every area of law and governance, default policies exist when lawmakers cannot pass new legislation-typically the status quo simply remains in effect. To its detriment, United States budget making at both the state and federal levels lacks effective defaults. If a new budget isn't passed by year end, there is no budget, and the government shuts down. The lack of defaults, coupled with a dysfunctional era of budgetary politics, has led to a number of recent high profile and costly government shutdowns at the state and federal levels. To date, legal scholarship has failed to address both the …

An Overreaction That Destroyed An Industry: The Past, Present, And Future Of U.S. Satellite Export Controls, Kurtis J. Zinger

University of Colorado Law Review

In the past, the United States' satellite export control regime has acted as a barrier to entry for the commercial space industry and has stifled the growth of space startups that are beginning to become more common as access to space becomes more affordable. Within the span of two decades, agency responsibility for satellite exports has changed hands multiple times for economic, political, and national security reasons. In 2013, Congress passed a bill authorizing the President of the United States to determine which regulations govern satellite exports. President Obama, the State Department, and the Commerce Department are taking full advantage …

From Access To Success: Affirmative Action Outcomes In A Class-Based System, Matthew N. Gaertner, Melissa Hart

University of Colorado Law Review

Scholarly discussion about affirmative action policy has been dominated in the past ten years by debates over "mismatch theory'"--the claim that race-conscious affirmative action harms those it is intended to help by placing students who receive preferences among academically superior peers in environments where they will be overmatched and unable to compete. Despite serious empirical and theoretical challenges to this claim in academic circles, mismatch has become widely accepted outside those circles, so much so that the theory played prominently in Justice Clarence Thomas's concurring opinion in Fisher v. University of Texas. This Article explores whether mismatch occurs in the …

Compromise In Colorado: Solar Net Metering And The Case For "Renewable Avoided Cost", Alexander D. White

University of Colorado Law Review

No abstract provided.

Plenary Energy, Carla F. Fredericks

Publications

An incompatible relationship exists between the federal trust responsibility over Indian tribes and tribal sovereignty, the conflicting nature of which has been exacerbated by numerous judicial confirmations of the unbridled congressional plenary power over all tribal affairs. Nowhere is there more conflict between the trust responsibility and sovereignty than within the context of mineral resource development on tribal lands. The evolution of the regulatory framework of Indian mineral development can be viewed as a continuum, with maximum trust obligation and minimum tribal sovereignty on one extreme, and an inversion of these two variables on the other. There currently exists pending …

Corporate Political Contributions As Bad Faith, Joseph K. Leahy

University of Colorado Law Review

A shareholder who objects to a corporate political contribution can file a derivative lawsuit to challenge that contribution as a breach of management's duty of loyalty to the corporation. Such a lawsuit will face long odds, however, if it is founded upon a traditional theory for breach of the duty of loyalty, like waste or self-dealing. Yet, there is a better theory for a shareholder to employ when filing suit to challenge a corporate political contribution: bad faith.

Bad faith is a better basis for challenging a corporate political contribution than either waste or self-dealing because bad faith is a …

Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In The United States Of America, S. James Anaya

Publications

No abstract provided.

Foreword: Theorizing Contemporary Legal Thought, Justin Deystone, Duncan Kennedy

Publications

This is a co-authored foreword to a symposium in Law & Contemporary Problems titled "Theorizing Contemporary Legal Thought." It includes a discussion of the background of the project, a brief summary of the articles included in the issue, and a very short statement from Desautels-Stein and Kennedy on the "loss of faith" indicative of Contemporary Legal Thought.

Anti-Rape Culture, Aya Gruber

Publications

No abstract provided.

From Access To Success: Affirmative Action Outcomes In A Class-Based System, Matthew N. Gaertner, Melissa Hart

Publications

Scholarly discussion about affirmative action policy has been dominated in the past ten years by debates over "mismatch theory'"--the claim that race-conscious affirmative action harms those it is intended to help by placing students who receive preferences among academically superior peers in environments where they will be overmatched and unable to compete. Despite serious empirical and theoretical challenges to this claim in academic circles, mismatch has become widely accepted outside those circles, so much so that the theory played prominently in Justice Clarence Thomas's concurring opinion in Fisher v. University of Texas. This Article explores whether mismatch occurs in …

Halliburton And The Dog That Didn't Bark, Ann Lipton

Publications

In Halliburton Co. v. Erica P. John Fund, Inc., the Supreme Court held that defendants in a Section 10(b) class action may use the class-certification process to rebut the "fraud on the market" presumption that their misstatements impacted the price of the relevant security. In so doing, the Court struggled to explain why the class-certification process—rather than trial on the merits—was the proper venue for such disputes, and avoided the most obvious justification, namely, that in the absence of price impact, plaintiffs would still be able to bring individual claims. The Court's unwillingness to hold that plaintiffs may bring …

Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In Canada, S. James Anaya

Publications

No abstract provided.