Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Physical Sciences and Mathematics (1554)
- Environmental Sciences (1550)
- Natural Resources Management and Policy (1404)
- Natural Resources Law (1379)
- Environmental Law (1227)
-
- Social and Behavioral Sciences (1226)
- State and Local Government Law (1192)
- Water Law (1173)
- Public Affairs, Public Policy and Public Administration (1157)
- Water Resource Management (1153)
- Natural Resources and Conservation (1049)
- Environmental Policy (931)
- Administrative Law (847)
- Indigenous, Indian, and Aboriginal Law (665)
- Energy and Utilities Law (631)
- Legislation (571)
- Natural Resource Economics (552)
- Property Law and Real Estate (543)
- Land Use Law (519)
- Constitutional Law (516)
- Public Policy (502)
- Life Sciences (495)
- Environmental Health and Protection (490)
- Oil, Gas, and Mineral Law (477)
- Earth Sciences (472)
- Energy Policy (447)
- Oil, Gas, and Energy (442)
- Litigation (433)
- Courts (431)
- Keyword
-
- United States (445)
- Colorado (347)
- California (180)
- West (171)
- Climate change (150)
-
- Wyoming (148)
- Public lands (141)
- New Mexico (139)
- Constitutional law (135)
- Arizona (133)
- Water law (126)
- United States Supreme Court (125)
- Endangered Species Act (124)
- BLM (122)
- Legislation (121)
- Utah (119)
- Water rights (118)
- Water quality (112)
- Water (107)
- Recreation (103)
- Montana (102)
- Clean Water Act (99)
- First Amendment (95)
- Groundwater (93)
- Conservation (91)
- EPA (91)
- Nevada (90)
- Congress (88)
- NEPA (86)
- Irrigation (85)
- Publication
-
- Publications (1418)
- University of Colorado Law Review (510)
- Books, Reports, and Studies (149)
- Amicus (54)
- Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002) (53)
-
- Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14) (48)
- Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17) (40)
- Water Organizations in a Changing West (Summer Conference, June 14-16) (35)
- Coalbed Methane Development in the Intermountain West (April 4-5) (33)
- Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19) (30)
- New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10) (29)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (28)
- Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11) (26)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (26)
- Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12) (25)
- Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10) (25)
- Water and Growth in the West (Summer Conference, June 7-9) (25)
- Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13) (24)
- Dams: Water and Power in the New West (Summer Conference, June 2-4) (24)
- Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15) (24)
- Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3) (24)
- Natural Resource Development in Indian Country (Summer Conference, June 8-10) (23)
- Proceedings of the Sino-American Conference on Environmental Law (August 16) (23)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (23)
- The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18) (23)
- Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11) (23)
- Sustainable Use of the West's Water (Summer Conference, June 12-14) (22)
- The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10) (22)
- Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13) (22)
- Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12) (21)
- Publication Type
- File Type
Articles 181 - 210 of 3593
Full-Text Articles in Law
Best Regulatory Practices For Deep Seabed Mining: Lessons Learned From The U.S. Surface Mining Control And Reclamation Act, Mark S. Squillace
Best Regulatory Practices For Deep Seabed Mining: Lessons Learned From The U.S. Surface Mining Control And Reclamation Act, Mark S. Squillace
Publications
Mining operations around the globe are responsible for significant environmental problems. These problems often stem from poor planning, inadequate regulatory standards, and a failure of regulatory oversight, particularly with respect to inspection and enforcement regimes. Mining regulators are often hamstrung, however, by inadequate information about potential impacts before operations commence. This problem is particularly daunting when considering mining on ocean floors where information about the environment is limited, and the impacts of mining are poorly understood.
As the International Seabed Authority (ISA) develops a comprehensive regulatory program for deep seabed mining, they should draw on the experience gained in regulating …
The Political (Mis)Representation Of Immigrants In The Census, Ming Hsu Chen
The Political (Mis)Representation Of Immigrants In The Census, Ming Hsu Chen
Publications
Who is a member of the political community? What barriers to inclusion do immigrants face as outsiders to this political community? This article describes several barriers facing immigrants that impede their political belonging. It critiques these barriers not on the basis of immigrants’ rights but based on their rights as current and future members of the political community. This is the second of two Essays. The first Essay focused on voting restrictions impacting Asian American and Latino voters. The second Essay focuses on challenges to including immigrants, Asian Americans, and Latinos in the 2020 Census. Together, the Essays critique the …
Put More Women In Charge And Other Leadership Lessons From Covid-19, Peter H. Huang
Put More Women In Charge And Other Leadership Lessons From Covid-19, Peter H. Huang
Publications
COVID-19 teaches us lessons about leadership, the most important of which is to put more women in charge. This Article provides an interdisciplinary analysis of these lessons, which come at the very high price of many forever disrupted and lost human lives. COVID-19 is a global tragedy. COVID-19 can also be a cruel, relentless and unforgiving teacher of valuable lessons about leadership. During COVID-19, leaders had to quickly mobilize many resources and convince many people to change their established behaviors and familiar routines. Leaders had to rely on effective and persuasive communication to achieve buy-in and voluntary compliance by a …
Copyright And Disability, Blake E. Reid
Copyright And Disability, Blake E. Reid
Publications
A vast array of copyrighted works—books, video programming, software, podcasts, video games, and more—remain inaccessible to people with disabilities. International efforts to adopt limitations and exceptions to copyright law that permit third parties to create and distribute accessible versions of books for people with print disabilities have drawn some attention to the role that copyright law plays in inhibiting the accessibility of copyrighted works. However, copyright scholars have not meaningfully engaged with the role that copyright law plays in the broader tangle of disability rights.
The Future Of Facts: The Politics Of Public Health And Medicine In Abortion Law, Aziza Ahmed
The Future Of Facts: The Politics Of Public Health And Medicine In Abortion Law, Aziza Ahmed
University of Colorado Law Review
While a great deal of public scrutiny has focused on how information circulates through online outlets including Twitter and Facebook, less attention has been devoted to how more traditional institutions traffic in factual assertions for the sake of setting a particular distributional agenda into motion.1 Of these more traditional institutions, courts play a central role in legitimating legal and factual claims in the process of applying and clarifying legal rules. In public health-related adjudication, courts play at least two important roles: first, judges and juries make decisions between competing sets of public health and medical claims and second, courts legitimate …
Title Vii: What's Hair (And Other Race-Based Characteristics) Got To Do With It?, D. Wendy Greene
Title Vii: What's Hair (And Other Race-Based Characteristics) Got To Do With It?, D. Wendy Greene
University of Colorado Law Review
No abstract provided.
Living The Sacred: Indigenous Peoples And Religious Freedom, Kristen A. Carpenter
Living The Sacred: Indigenous Peoples And Religious Freedom, Kristen A. Carpenter
Publications
No abstract provided.
Free Speech And Democracy: A Primer For Twenty-First Century Reformers, Toni M. Massaro, Helen Norton
Free Speech And Democracy: A Primer For Twenty-First Century Reformers, Toni M. Massaro, Helen Norton
Publications
Left unfettered, the twenty-first-century speech environment threatens to undermine critical pieces of the democratic project. Speech operates today in ways unimaginable not only to the First Amendment’s eighteenth-century writers but also to its twentieth-century champions. Key among these changes is that speech is cheaper and more abundant than ever before, and can be exploited — by both government and powerful private actors alike — as a tool for controlling others’ speech and frustrating meaningful public discourse and democratic outcomes.
The Court’s longstanding First Amendment doctrine rests on a model of how speech works that is no longer accurate. This invites …
Decolonizing Indigenous Migration, Angela R. Riley, Kristen A. Carpenter
Decolonizing Indigenous Migration, Angela R. Riley, Kristen A. Carpenter
Publications
As global attention turns increasingly to issues of migration, the Indigenous identity of migrants often remains invisible. At the U.S.-Mexico border, for example, a significant number of the individuals now being detained are people of indigenous origin, whether Kekchi, Mam, Achi, Ixil, Awakatek, Jakaltek or Qanjobal, coming from communities in Venezuela, Honduras, Guatemala and other countries. They may be leaving their homelands precisely because their rights as Indigenous Peoples, for example the right to occupy land collectively and without forcible removal, have been violated. But once they reach the United States, they are treated as any other migrants, without regard …
Government Falsehoods, Democratic Harm, And The Constitution, Helen Norton
Government Falsehoods, Democratic Harm, And The Constitution, Helen Norton
Publications
No abstract provided.
Introduction To The Symposium On The Impact Of Indigenous Peoples On International Law, S. James Anaya, Antony Anghie
Introduction To The Symposium On The Impact Of Indigenous Peoples On International Law, S. James Anaya, Antony Anghie
Publications
No abstract provided.
Indigenous Peoples And Diplomacy On The World Stage, Kristen Carpenter, Alexey Tsykarev
Indigenous Peoples And Diplomacy On The World Stage, Kristen Carpenter, Alexey Tsykarev
Publications
No abstract provided.
Catalyzing Privacy Law, Anupam Chander, Margot E. Kaminski, William Mcgeveran
Catalyzing Privacy Law, Anupam Chander, Margot E. Kaminski, William Mcgeveran
Publications
The United States famously lacks a comprehensive federal data privacy law. In the past year, however, over half the states have proposed broad privacy bills or have established task forces to propose possible privacy legislation. Meanwhile, congressional committees are holding hearings on multiple privacy bills. What is catalyzing this legislative momentum? Some believe that Europe’s General Data Protection Regulation (GDPR), which came into force in 2018, is the driving factor. But with the California Consumer Privacy Act (CCPA) which took effect in January 2020, California has emerged as an alternate contender in the race to set the new standard for …
Sanctuary Cities And The Power Of The Purse: An Executive Dole Test, Douglas M. Spencer
Sanctuary Cities And The Power Of The Purse: An Executive Dole Test, Douglas M. Spencer
Publications
A constitutional clash is brewing. Cities and counties are flexing their muscles to frustrate national immigration policy while the federal Executive is threatening to interfere with local law enforcement decision making and funding. Although the federal government generally has plenary authority over immigration law, the Constitution forbids the commandeering of state and local officials to enforce federal law against their will. One exception to this anti-commandeering principle is the Spending Clause of Article I that permits Congress to condition the receipt of federal funds on compliance with federal law. These conditions, according to more than 30 years of Supreme Court …
Environmental Law, Disrupted By Covid-19, Rebecca Bratspies, Vanessa Casado Peréz, Robin Kundis Craig, Lissa Griffin, Sarah Krakoff, Keith Hirokawa, Katrina Kuh, Jessica Owley, Melissa Powers, Shannon Roesler, Jonathan Rosenbloom, J. B. Ruhl, Erin Ryan, David Takacs
Environmental Law, Disrupted By Covid-19, Rebecca Bratspies, Vanessa Casado Peréz, Robin Kundis Craig, Lissa Griffin, Sarah Krakoff, Keith Hirokawa, Katrina Kuh, Jessica Owley, Melissa Powers, Shannon Roesler, Jonathan Rosenbloom, J. B. Ruhl, Erin Ryan, David Takacs
Publications
For over a year, the COVID-19 pandemic and concerns about systemic racial injustice have highlighted the conflicts and opportunities currently faced by environmental law. Scientists uniformly predict that environmental degradation, notably climate change, will cause a rise in diseases, disproportionate suffering among communities already facing discrimination, and significant economic losses. In this Article, members of the Environmental Law Collaborative examine the legal system’s responses to these crises, with the goal of framing opportunities to reimagine environmental law. The Article is excerpted from their book Environmental Law, Disrupted, to be published by ELI Press later this year.
Book Review, Aamir S. Abdullah
When We Breathe: Re-Envisioning Safety And Justice In A Post-Floyd Era, Aya Gruber
When We Breathe: Re-Envisioning Safety And Justice In A Post-Floyd Era, Aya Gruber
Publications
10th Annual David H. Bodiker Lecture on Criminal Justice delivered on Wed., Oct. 21, 2020 at Ohio State University Moritz College of Law.
The Fourth Amendment’S Forgotten Free-Speech Dimensions, Aya Gruber
The Fourth Amendment’S Forgotten Free-Speech Dimensions, Aya Gruber
Publications
No abstract provided.
It's About Bloody Time And Space, Lolita Buckner Inniss
It's About Bloody Time And Space, Lolita Buckner Inniss
Publications
Time frames relationships of power, especially in the context of law. One of the clearest ways in which time is implicated in both law and society is via discourses about women’s biological functions. This Article is an introduction to a larger project that analyzes legal discourses regarding a crucial aspect of women’s calendrically-associated biological functions: women’s menstrual periods. Over the course of the project, I explore legal discourses about menstruation through the notion of what literary theorist Mikhail Bakhtin calls “chronotopes”—a connectedness of temporal and spatial relationships. Temporality, Bakhtin argues, is closely associated with certain paradigmatic spaces, and the combination …
Models, Race, And The Law, Moon Duchin, Douglas M. Spencer
Models, Race, And The Law, Moon Duchin, Douglas M. Spencer
Publications
Capitalizing on recent advances in algorithmic sampling, The Race-Blind Future of Voting Rights explores the implications of the long-standing conservative dream of certified race neutrality in redistricting. Computers seem promising because they are excellent at not taking race into account—but computers only do what you tell them to do, and the rest of the authors’ apparatus for measuring minority electoral opportunity failed every check of robustness and numerical stability that we applied. How many opportunity districts are there in the current Texas state House plan? Their methods can give any answer from thirty-four to fifty-one, depending on invisible settings. But …
The Right To Contest Ai, Margot E. Kaminski, Jennifer M. Urban
The Right To Contest Ai, Margot E. Kaminski, Jennifer M. Urban
Publications
Artificial intelligence (AI) is increasingly used to make important decisions, from university admissions selections to loan determinations to the distribution of COVID-19 vaccines. These uses of AI raise a host of concerns about discrimination, accuracy, fairness, and accountability.
In the United States, recent proposals for regulating AI focus largely on ex ante and systemic governance. This Article argues instead—or really, in addition—for an individual right to contest AI decisions, modeled on due process but adapted for the digital age. The European Union, in fact, recognizes such a right, and a growing number of institutions around the world now call for …
A Grammar Of Legal Thought, Derek H. Kiernan-Johnson
A Grammar Of Legal Thought, Derek H. Kiernan-Johnson
Publications
No abstract provided.
Algorithmic Impact Assessments Under The Gdpr: Producing Multi-Layered Explanations, Margot E. Kaminski, Gianclaudio Malgieri
Algorithmic Impact Assessments Under The Gdpr: Producing Multi-Layered Explanations, Margot E. Kaminski, Gianclaudio Malgieri
Publications
Policy-makers, scholars, and commentators are increasingly concerned with the risks of using profiling algorithms and automated decision-making. The EU’s General Data Protection Regulation (GDPR) has tried to address these concerns through an array of regulatory tools. As one of us has argued, the GDPR combines individual rights with systemic governance, towards algorithmic accountability. The individual tools are largely geared towards individual “legibility”: making the decision-making system understandable to an individual invoking her rights. The systemic governance tools, instead, focus on bringing expertise and oversight into the system as a whole, and rely on the tactics of “collaborative governance,” that is, …
Decarceration And Default Mental States, Benjamin Levin
Decarceration And Default Mental States, Benjamin Levin
Publications
This Essay, presented at “Guilty Minds: A Virtual Conference on Mens Rea and Criminal Justice Reform” at ASU’s Sandra Day O’Connor College of Law, examines the politics of federal mens rea reform legislation. I argue that current mens rea policy debates reflect an overly narrow vision of criminal justice reform. Therefore, I suggest an alternative frame through which to view mens rea reform efforts—a frame that resonates with radical structural critiques that have gained ground among activists and academics.
Common arguments for and against mens rea reform reflect a belief that the problem with the criminal system is one of …
Introduction To The Symposium: The Stakes For Critical Legal Theory, Elizabeth S. Anker, Justin Desautels-Stein
Introduction To The Symposium: The Stakes For Critical Legal Theory, Elizabeth S. Anker, Justin Desautels-Stein
University of Colorado Law Review
No abstract provided.
A Pound Of Flesh: How Medical Copayments In Prison Cost Inmates Their Health And Set Them Up For Reoffense, Rachel Wiggins
A Pound Of Flesh: How Medical Copayments In Prison Cost Inmates Their Health And Set Them Up For Reoffense, Rachel Wiggins
University of Colorado Law Review
The attitude of acquiescence in legislatures and courts has permitted the American prison system to develop a practice of exploiting the health of its incarcerated population as an additional and excessive form of punishment. This article focuses on a practice widely used in prisons-the imposition of medical copayments- which contributes to the current culture of endangering the physical and mental health of incarcerated persons, all in the name of cost cutting and prisoner control. The problem of medical copayments could be solved by both the courts, which could recognize that the practice serves no legitimate penological interest, and the states …
Expanding The Administrative Record: Using Pretext To Show "Bad Faith Or Improper Behavior", Laura Boyer
Expanding The Administrative Record: Using Pretext To Show "Bad Faith Or Improper Behavior", Laura Boyer
University of Colorado Law Review
This Comment argues that courts should more readily permit extra-record discovery when preliminary signs of pretext strongly suggest "bad faith and improper behavior" by agency decision-makers. 3 1 Section L.A sets the scene by describing the basic mechanics of litigation challenging agency decisions. Section I.B shifts focus by examining two recent Supreme Court decisions that illustrate the Court's struggle to review executive action where an agency seems to have offered a pretextual justification. Part II then shows how agencies' reliance on pretextual justifications is becoming a growing and serious problem-especially within the Trump Administration-and describes a 2017 decision by the …
Contesting The Legacy Of The Nineteenth Amendment: Abortion And Equality From Roe To The Present, Mary Ziegler
Contesting The Legacy Of The Nineteenth Amendment: Abortion And Equality From Roe To The Present, Mary Ziegler
University of Colorado Law Review
Beyond the question of suffrage, the Nineteenth Amendment raised the issue of what it would take for women in America to achieve equal citizenship. The meaning of both the Nineteenth Amendment and equality for women remain especially contested in broader conflicts about abortion-and of how those conflicts have changed in fundamental ways in the decades since Roe v. Wade. For some time, fetal rights were pitted against the kinds of concerns about equality for women that drove reformers to seek the vote in 1920. But by the early 1990s, the terms of the conflicts had changed, with both sides claiming …
Working Mothers And The Postponement Of Women's Rights From The Nineteenth Amendment To The Equal Rights Amendment, Julie C. Suk
Working Mothers And The Postponement Of Women's Rights From The Nineteenth Amendment To The Equal Rights Amendment, Julie C. Suk
University of Colorado Law Review
The Nineteenth Amendment's ratification in 1920 spawned new initiatives to advance the status of women, including the proposal of another constitutional amendment that would guarantee women equality in all legal rights, beyond the right to vote. Both the Nineteenth Amendment and the Equal Rights Amendment (ERA) grew out of the long quest to enshrine women's equal status under the law as citizens, which began in the nineteenth century. Nearly a century later, the ERA remains unfinished business with an uncertain future. Suffragists advanced different visions and strategies for women's empowerment after they got the constitutional right to vote. They divided …
From Promise To Threat In Language And Law, Marianne Constable
From Promise To Threat In Language And Law, Marianne Constable
University of Colorado Law Review
No abstract provided.