Law Commons^™

Constitutional Concern, Membership, And Race, Sarah Krakoff

Publications

American Indian Tribes in the United States have a unique legal and political status shaped by fluctuating federal policies and the over-arching history of this country’s brand of settler-colonialism. One of the several legacies of this history is that federally recognized tribes have membership rules that diverge significantly from typical state or national citizenship criteria. These rules and their history are poorly understood by judges and members of the public, leading to misunderstandings about the “racial” status of tribes and Indian people, and on occasion to incoherent and damaging decisions on a range of Indian law issues. This article, which …

Editor's Note, Colorado Technology Law Journal

Colorado Technology Law Journal

No abstract provided.

Table Of Contents, Colorado Technology Law Journal

Colorado Technology Law Journal

No abstract provided.

The Long History And Increasing Importance Of Public-Service Principles For 21st-Century Public Digital Communications Networks, Mark Cooper

Colorado Technology Law Journal

No abstract provided.

Harm Claim Thresholds: Facilitating More Intensive Spectrum Use Through More Explicit Interference Protection Rights, J. Pierre De Vries

Colorado Technology Law Journal

No abstract provided.

An Appropriate Interconnection Backstop, James B. Speta

Colorado Technology Law Journal

No abstract provided.

Increasing Wireless Value: Technology, Spectrum, And Incentives, Gregory L. Rosston

Colorado Technology Law Journal

No abstract provided.

Measuring Broadband Internet Prices, Gabor Molnar, Scott J. Savage, Douglas C. Sicker

Colorado Technology Law Journal

No abstract provided.

Limiting Sro Immunity To Mitigate Risky Behavior, Jaclyn Freeman

Colorado Technology Law Journal

No abstract provided.

Would Utility Models Improve American Innovation? Evidence From Brazil, Germany, And The United States, Tyler J. Boschert

Colorado Technology Law Journal

No abstract provided.

High-Speed Rail In California May Be Inevitable: Where Does That Leave Opponents?, Andy Evans

Colorado Technology Law Journal

No abstract provided.

How To Prevent Future Flash Crashes And Restore The Ordinary Investors' Confidence In The Financial Market: The Implementation Of Circuit Breakers And Speed Limits To Help Enforce The Market Access Rule, Stephanie Ryder

Colorado Technology Law Journal

No abstract provided.

Eagle-Net's Never-Ending Odyssey: Addressing Colorado's Unique Broadband Infrastructure Challenges, Kellen O'Brien

Colorado Technology Law Journal

No abstract provided.

Dragnet Nation: A Quest For Privacy, Security, And Freedom In A World Of Relentless Surveillance Chapter 1: Hacked, Julia Angwin

Colorado Technology Law Journal

No abstract provided.

Table Of Contents, Colorado Technology Law Journal

Colorado Technology Law Journal

No abstract provided.

The Value Of Modest Privacy Protections In A Hyper-Social World, Woodrow Hartzog

Colorado Technology Law Journal

No abstract provided.

A Practicing Privacy Lawyer's Perspective On Use Analysis As A Way To Measure And Mitigate Harm, Christopher Wolf

Colorado Technology Law Journal

No abstract provided.

Big Boss Is Watching: Circumstances Under Which Employees Waive The Attorney-Client Privilege By Using E-Mail At Work, Janna Fischer

Colorado Technology Law Journal

No abstract provided.

A New Harm Matrix For Cybersecurity Surveillance, Omer Tene

Colorado Technology Law Journal

No abstract provided.

Risk-Based Regulation Of Clinical Health Data Analytics, Deven Mcgraw, Alice Leiter

Colorado Technology Law Journal

No abstract provided.

A Study On The Role Of Spectrum Usage Rights Within Disputes, Michelle Hersh

Colorado Technology Law Journal

No abstract provided.

"I'Ll Have A Latte, Scone, And Your Online Data, Please", Steve Martyn

Colorado Technology Law Journal

No abstract provided.

Should Copyright Laws Be Able To Keep Up With Online Piracy?, Stephanie Minnock

Colorado Technology Law Journal

No abstract provided.

Anti-Waste, Michael Pappas

Publications

It may be a bad idea to waste resources, but is it illegal? Legally speaking, what does "waste" even mean? Though the concept may appear completely subjective, this Article builds a framework for understanding how the law identifies and addresses waste.

Drawing upon property and natural resource doctrines, this Article finds that the law selects from a catalog of five specific, and sometimes competing, societal values to define waste. These values include: (1) economic efficiency; (2) human flourishing: (3) concern for future generations: (4) stability and consistency; and, (5) ecology. The law recognizes waste in terms of one of or …

Trans-Substantivity Beyond Procedure, Suzette M. Malveaux

Publications

No abstract provided.

From Google To Tolstoy Bot: Should The First Amendment Protect Speech Generated By Algorithms?, Margot Kaminski

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

Publications

No abstract provided.

The Capture Of International Intellectual Property Law Through The U.S. Trade Regime, Margot E. Kaminski

Publications

For years, the United States has included intellectual property ("IP") law in its free trade agreements. This Article finds that the IP law in recent U.S. free trade agreements differs subtly but significantly from U.S. IP law. These differences are not the result of deliberate government choices, but of the capture of the U.S. trade regime.

A growing number of voices has publicly criticized the lack of transparency and democratic accountability in the trade agreement negotiating process. But legal scholarship largely praises the 'fast track" trade negotiating system. This Article reorients the debate over the trade negotiating process away from …

The Administrative State's Passive Virtues, Sharon B. Jacobs

Publications

Fifty years ago, Alexander Bickel famousy suggested that courts use tools like standing, ripeness, and the political question doctrine to avoid reaching the merits of difficult cases. Yet despite the increasingly central role of administrative agencies in government, there have been no efforts to date to apply Bickel's insights to the bureaucracy. This Article remedies that deficit. The Article provides a three-part taxonomy of administrative restraint and offers case studies from federal agencies such as the Federal Energy Regulatory Commission, the Environmental Protection Agency, and the Fish and Wildlife Service. It argues that agencies sometimes use restraint strategically for reasons …

[Dis-]Informing The People's Discretion: Judicial Deference Under The National Security Exemption Of The Freedom Of Information Act, Susan Nevelow Mart, Tom Ginsburg

Publications

As noted by President Obama's recent Review Group on Intelligence and Communications Technologies, pervasive state surveillance has never been more feasible. There has been an inexorable rise in the size and reach of the national security bureaucracy since it was created after World War II, as we have gone through the Cold War and the War on Terror. No one doubts that our national security bureaucracies need to gain intelligence and keep some of it secret. But the consensus of decades of experts, both insiders and outsiders, is that there is rampant overclassfication by government agencies. From its inception in …