Law Commons^™

Cherokee Freedmen And The Color Of Belonging, Lolita Buckner Inniss

Publications

This article addresses the Cherokee tribe and their historic conflict with the descendants of their former black slaves, designated Cherokee Freedmen. This article specifically addresses how historic discussions of black, red and white skin colors, designating the African-ancestored, aboriginal (Native American) and European-ancestored people of the United States, have helped to shape the contours of color-based national belonging among the Cherokee. This article also suggests that Homi K. Bhabha’s notion of postcolonial mimicry offers a potent source for analyzing the Cherokee’s historic use of skin color as a marker of Cherokee membership. The Cherokee past practice of black slavery and …

They Had Nothing, Charles Wilkinson

Publications

No abstract provided.

Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On Extractive Industries And Indigenous Peoples, S. James Anaya

Publications

No abstract provided.

Countersupermajoritarianism, Frederic Bloom, Nelson Tebbe

Publications

How should the Constitution change? In Originalism and the Good Constitution, John McGinnis and Michael Rappaport argue that it ought to change in only one way: through the formal mechanisms set out in the Constitution’s own Article V. This is so, they claim, because provisions adopted by supermajority vote are more likely to be substantively good. The original Constitution was ratified in just that way, they say, and subsequent changes should be implemented similarly. McGinnis and Rappaport also contend that this substantive goodness is preserved best by a mode of originalist interpretation. In this Review, we press two main arguments. …

Lawyers And Spoiled Identity, Paul Campos

Publications

No abstract provided.

Structuralist Legal Histories, Justin Deystone

Publications

This is a contribution to a symposium titled "Theorizing Contemporary Legal Thought." The central theme of the piece is the relation between legal structuralism and legal historiography.

My Coworker, My Enemy: Solidarity, Workplace Control, And The Class Politics Of Title Vii, Ahmed A. White

Publications

No abstract provided.

"Greatest Good Of The Greatest Number In The Long Run": Tr, Pinchot, And The Origins Of Sustainability In America, Charles Wilkinson

Publications

No abstract provided.

Research Analysis And Planning: The Undervalued Skill In Legal Research Instruction, Robert M. Linz

Publications

This article describes a method of research analysis and planning for legal problems. It introduces the framework of research plan, log, and product and provides a detailed research plan and log that students can use as a template for learning research. The article suggests how to teach the method in legal research classes, shares some of the author's experiences in teaching the method, and addresses some possible criticisms of this approach.

Research Strategies Using Headnotes: Citators And Relevance, Susan Nevelow Mart

Publications

No abstract provided.

Cu Law Library Launches New Resource For Historical Colorado Statutory Research, Robert M. Linz

Publications

No abstract provided.

The Conforming Effect: First Amendment Implications Of Surveillance, Beyond Chilling Speech, Margot Kaminski, Shane Witnov

Publications

No abstract provided.

How The Other Half Banks, Daria Roithmayr

Publications

No abstract provided.

Navigating A Pathway Toward Colorado's Water Future: A Review And Recommendations On Colorado's Draft Water Plan, Lawrence J. Macdonnell, Colorado Water Working Group

Books, Reports, and Studies

40 pages (includes color illustrations).

The Hallett Decrees And Acequia Water Rights Administration On Rio Culebra In Colorado, Will Davidson, Julia Guarino

Books, Reports, and Studies

58 pages.

Article on p. 219-276.

The Support Structure For Campaign Finance Litigation In The Roberts Court: A Research Agenda, Ann Southworth

University of Colorado Law Review

No abstract provided.

A Lawyer Looks At Civil Disobedience: Why Lewis F. Powell Jr. Divorced Diversity From Affirmative Action, Anders Walker

University of Colorado Law Review

This Article reconstructs Lewis F. Powell Jr.'s thoughts on the civil rights movement by focusing on a series of littleknown speeches that he delivered in the 1960s lamenting the practice of civil disobedience endorsed by Martin Luther King Jr. Convinced that the law had done all it could for blacks, Powell took issue with King's "Letter from Birmingham Jail," impugning its invocation of civil disobedience and rejecting its calls for compensatory justice to make up for slavery and Jim Crow. Dismissive of reparations, Powell developed a separate basis for supporting diversity that hinged on distinguishing American pluralism from Soviet totalitarianism. …

Identity Contests: Litigation And The Meaning Of Social- Movement Causes, Mary Ziegler

University of Colorado Law Review

No abstract provided.

More Than A Woman: Insights Into Corporate Governance After The French Sex Quota, Daria Roithmayr

Publications

In 2011, France enacted a Corporate Board Quota to establish a forty percent floor for either sex on corporate boards. Existing literature presumes that women will change the way firms function and that their presence in upper management will improve both governance and financial returns. To assess the potential impact of the quota, we interviewed twenty-four current and former corporate board members. Our analysis of these interviews generates two findings. First, our results indicate that, at least in the view of board members, the sex quota has had an impact on the process of board decision-making, but adding women has …

Playing Cowboys And Iranians: Selective Colorblindness And The Legal Construction Of White Geographies, John Tehranian

University of Colorado Law Review

This Article examines the selective invocation of colorblindness in legal and political discourse and argues that the trope has served as a powerful vehicle for the creation, perpetuation, and patrolling of white geographiesspaces characterized by an implicit hierarchy privileging white racial identity. After assessing the new rhetoric of race in the Age of Obama, the Article focuses on identifying and deconstructing the modern paradox of colorblindness jurisprudence. On the one hand, the courts have increasingly hewed to a colorblind vision of the Constitution when weighing the permissibility of race-based admissions and hiring programs for traditionally disadvantaged minorities. And, yet, on …

Getting Even Less Than What They Paid For: The Plight Of Generic Drug Consumers Under The Levine-Mensing Dichotomy, Vikrama Chandrashekar

University of Colorado Law Review

The Drug Price Competition and Patent Restoration Act of 1984, known as the Hatch-Waxman Amendments, allows manufacturers to begin developing generic versions of patented, brand-name pharmaceuticals while the patent terms are in force, and to bring those generic versions to market as soon as the patent terms expire. The generic versions are to mimic the brand-name drug in every respect; thus, they are produced at a significantly reduced cost, and those savings are passed on to generic drug consumers. Under federal regulations, a generic drug's label must also mimic that of the brand-name drug, and generic drug manufacturers may not …

Recall Me Maybe? The Corrosive Effect Of Recall Elections On State Legislative Politics, Zachary J. Siegel

University of Colorado Law Review

For the first time in Colorado's 137-year history, voters in two districts recalled their state senators from office in September 2013. Although the event prompted significant debate over the controversial gun legislation that sparked the grassroots efforts to trigger the recall elections, discussion generally overlooked the implications of using political recall altogether-implications that concern the very foundation of American democracy: the role of the legislator. This Comment aims to fill that gap, examining politically motivated recalls in the context of state legislatures. Using the recent Colorado examples as a case study, this Comment argues that increased use of the tactic …

Property Rights In Water, Spectrum, And Minerals, Richard Epstein

University of Colorado Law Review

No abstract provided.

Complicity And Strict Liability: A Logical Inconsistency?, Michael Bohan

University of Colorado Law Review

"[T]o make a complete crime, cognizable by human laws, there must be both a will and an act.., an unwarrantable act without a vicious will is no crime at all. "I The term "vicious will" illustrates the relationship between blameworthiness and punishment; the foundation of all criminal law, and the justification for the doctrine of complicity liability. The Colorado Supreme Court recently granted certiorari review of People v. Childress, a case in which the Court of Appeals held that one cannot be complicit in a strict liability crime. This holding is difficult to reconcile with Colorado's application of the complicity …

The Adventure Of The Shrinking Public Domain, Elizabeth L. Rosenblatt

University of Colorado Law Review

Several scholars have explored the boundaries of intellectual property protection for literary characters. Using as a case study the history of intellectual property treatment of Arthur Conan Doyle's fictional character Sherlock Holmes, this Article builds on that scholarship, with special attention to characters that appear in multiple works over time, and to the influences of formal and informal law on the entry of literary characters into the public domain. While copyright protects works of authorship only for a limited time, copyright holders have sought to slow the entry of characters into the public domain, relying on trademark law, risk aversion, …

The Next British Invasion Is Securities Crowdfunding: How Issuing Non-Registered Securities Through The Crowd Can Succeed In The United States, Robert H. Steinhoff

University of Colorado Law Review

Securities crowdfunding is the novel concept of using the power of the Internet to raise business capital through the "crowd." British companies and investors have proven adept at using the relatively new medium of crowdfunding as a means of providing much needed capital to startups and other small businesses. This Comment examines securities crowdfunding in the United Kingdom in an effort to show how this means of capital formation might succeed in the United States once the SEC implements proposed rules exempting crowdfunded securities from registration. Other commentators have already provided ample criticism of the crowdfunding exemption in the JOBS …

Privatization And Its Discontents: The Troubling Record Of Privatized Prison Health Care, Dan Weiss

University of Colorado Law Review

As part of a decades-long national trend towards privatization, local governments have turned to private contractors to provide health care in American prisons and jails. Ostensibly, the driving force behind this phenomenon is a desire to cut costs in an era of expanding prison health care expenditures and contracting governmental revenue streams. Local government officials build the cost-cutting incentive directly into their contracts via fixed-rate payment structures and cost-sharing provisions for off-site emergency treatment. While these contracts encourage cost-reduction, they simultaneously discourage proper oversight; their indemnification clauses render local governments largely immune from financial consequences when contractors deny emergency care …

Tribes As Innovative Environmental "Laboratories", Elizabeth Ann Kronk Warner

University of Colorado Law Review

Tribes are not vestiges of the past, but laboratories of the future. - Vine Deloria, Jr1. Indian tribes, because of their distinctive regulatory authority and significant connection to the environment, possess unique capacities to innovate within the field of environmental law in the over fifty-six million acres that make up Indian country. This Article-the first scholarly work to address this aspect of tribal environmental law advocates for the idea of tribes as "laboratories" for examining environmental regulation. Tribes enact environmental regulation by two primary means-in their capacity as "tribes as states" (TAS) and in their capacity as inherent sovereigns-both of …

How National Park Law Really Works, John Copeland Nagle

University of Colorado Law Review

This Article provides the first explanation of the relationship between three overlapping sources of national park law. It first explains how the Organic Act affords the National Park Service substantial discretion to manage the national parks, including deciding the proper balance between enjoyment and conservation in particular instances. It next shows how federal environmental statutes push national park management toward preservation rather than enjoyment. Finally, the Article explains that Congress often intervenes to mandate particular management outcomes at individual parks, typically but not always toward enjoyment rather than preservation. The result is that the National Park Service has substantial discretion …

Intrastate Preemption In The Shifting Energy Sector, Uma Outka

University of Colorado Law Review

The United States energy sector is in a state of transition, at once moving toward cleaner energy resources, but also expanding the use of fossil fuels with new access to oil and gas plays. Although federalism concerns have dominated the literature, I argue here that the state-local relationship and intrastate preemption are shaping energy policy in important and under-examined ways. The energy transition to date has been marked by growth centered on hydraulic fracturing (fracking) and commercial wind development, both of which are mostly regulated at the state level. Local governments have exerted authority over both forms of energy production, …