Law Commons^™

Purple Zones And Traffic Cones: Navigating Bluebook & Redbook Overlaps, Derek H. Kiernan-Johnson

Publications

No abstract provided.

The Realization Rule As A Legal Standard, Sloan G. Speck

Publications

The realization “rule” in tax law is better characterized as a legal standard. This characterization matters after the Supreme Court’s decision in Moore v. United States, which sets the stage for future courts to decide that the Constitution mandates realization— an identifiable event before accrued income is reportable by taxpayers. The stakes of a constitutional realization requirement are underappreciated. Because current statutory law embeds realization as a background principle, a constitutional realization requirement would operate as a taxpayer-initiated antiabuse doctrine—a sword that taxpayers could use selectively to invalidate parts of the Internal Revenue Code and Treasury Regulations. This novel constitutional …

Invisible Adjudication In State Supreme Courts, Adam B. Sopko

Publications

As the U.S. Supreme Court continues retrenching important constitutional rights, interest is shifting to state courts and constitutions to serve as a backstop. More and more, state supreme courts are at the center of some of our most important debates of law and policy, resolving questions concerning bodily autonomy, democracy, the environment, and more. The increased attention on state supreme courts highlights the complexity and nuance that attend these institutions and reveals our limited understanding of how they operate and influence society. This Article examines one such aspect of state supreme court practice: the shadow docket. While the U.S. Supreme …

Thirty-Five Years Of Inaction: The Unfulfilled Promise Of The Medicaid Equal Access Provision, Delaram Takyar

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No abstract provided.

Of Chameleons And Esg, Ann Lipton

Publications

Ever since the rise of the great corporations in the late nineteenth and early twentieth centuries, commenters have debated whether firms should be run solely to benefit investors, or whether instead they should be run to benefit society as a whole. Both sides have claimed their preferred policies are necessary to maintain a capitalist system of private enterprise distinct from state institutions. What we can learn from the current iteration of the debate— now rebranded as "environmental, social, governance" or "ESG" investing— is that efforts to disentangle corporate governance from the regulatory state are futile; governmental regulation has an inevitable …

Un Ésprit Sérieux, Pierre Schlag

Publications

No abstract provided.

From The Editor, Sydney Weigert

Colorado Technology Law Journal

No abstract provided.

Table Of Contents, Colorado Technology Law Journal

Colorado Technology Law Journal

No abstract provided.

Fixing Algorithmic Pricing? Competition Concerns And Solutions, Henry Hauser

Colorado Technology Law Journal

No abstract provided.

A Portfolio Approach To Trusted Intermediaries For Online Content And Conduct, David Sullivan

Colorado Technology Law Journal

No abstract provided.

Rise Of The Knowmebots: Promoting The Two Dimensions Of Al Agency, Richard S. Whitt

Colorado Technology Law Journal

No abstract provided.

Govtech Stack - Building And Buying Towards Digital Sovereignty, Smitha Krishna Parsad

Colorado Technology Law Journal

No abstract provided.

How To Connect The Unconnected: Broadband Policy In Colorado, Nicole Genevieve Ela

Colorado Technology Law Journal

No abstract provided.

Risky Speech Systems: Tort Liability For Ai-Generated Illegal Speech, Margot E. Kaminski

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No abstract provided.

The Minerals Challenge For Renewable Energy, Mark Squillace

Publications

One potential obstacle to a successful energy transition involves the critical minerals used in production of photovoltaic solar panels, wind turbines, electric vehicles, and batteries. A substantial portion of these will have to come from new and expanded mining operations around the world. But mining is controversial, in part due to the past failures of operators to protect communities and the environment. This Article considers how nations can responsibly identify, source, and process these minerals, and then deploy them in renewable energy products. Its scope is global, but U.S. laws and policies take center stage with a nod to the …

Consider Buffalo, Pierre Schlag

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No abstract provided.

Second Amendment Immigration Exceptionalism, Pratheepan Gulasekaram

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This Essay critiques the decision to uphold federal gun restrictions on unlawfully present noncitizens on the basis of "immigration exceptionalism." It argues that courts should avoid applying bespoke constitutionalism to criminal laws, including gun laws, simply because the law regulates noncitizens. This Essay shows why such exceptional modes misapprehend long-decided Supreme Court cases and well-established legal doctrine. Further, it warns that an exceptional approach to Second Amendment claims by unlawfully present noncitizens cannot be cabined to either firearms or the unlawfully present. Rather, it portends a wider gulf in constitutional protections for all noncitizens across a variety of fundamental criminal …

Chatgpt, Ai Large Language Models, And Law, Harry Surden

Publications

This Essay explores Artificial Intelligence (AI) Large Language Models (LLMs) like ChatGPT/GPT-4, detailing the advances and challenges in applying AI to law. It first explains how these AI technologies work at an understandable level. It then examines the significant evolution of LLMs since 2022 and their improved capabilities in understanding and generating complex documents, such as legal texts. Finally, this Essay discusses the limitations of these technologies, offering a balanced view of their potential role in legal work.

Protecting Water, Sustaining Communities: Transforming Groundwater Management Entities Into Sources Of Power During And After Environmental Crises, Sarah Matsumoto

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No abstract provided.

Contract Customization, Sex, And Islamic Law, Rabea N. Benhalim

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Common law has historically deemed marriage and sex outside the right to contract. Yet, couples increasingly use contracts to provide legal rights to the unmarried in a variety of contexts ranging from same-sex relationships to surrogacy. Islamic law, on the other hand, has always conceived of marriage and sexual relationships as exclusively under the realm of contract law governed by private actors. This Article brings Islamic law into the larger conversation on the use of contracts for sexual and relationship agreements. It further proposes that Islamic law has something to offer Muslims and non-Muslims alike by empowering individuals to use …

Transitioning To Regenerative Agriculture One French Fry At A Time, Alexia Brunet Marks

Publications

Regenerative agriculture—a farming practice that sequesters atmospheric carbon dioxide (CO2) into the soil—has potential to turn into big business in this climate crisis. If farmers can accurately measure the amount of trapped carbon in their soil, they can sell that stored carbon as a “carbon credit,” a tradeable certificate representing the right to emit one metric ton of carbon dioxide (CO2) or the equivalent amount of another greenhouse gas. As more than seventy countries race to cut greenhouse gas emissions by 2050 in order to meet Paris Agreement1 goals, carbon credits are becoming the “new currency” to meet or exceed …

The Significance Of The Un Declaration On The Rights Of Indigenous Peoples, S. James Anaya

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No abstract provided.

Introduction To The Symposium On Rabiat Akande, "An Imperial History Of Race-Religion In International Law", S. James Anaya, Adrien K. Wing

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No abstract provided.

Solidifying Students' Right To Gender Expression, Scott Skinner-Thompson

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No abstract provided.

Climate Risk, Insurance Retreat, And State Response, Mark Nevitt, Michael Pappas

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Climate change is fundamentally destabilizing the private insurance industry, with many high-profile insurance companies exiting states in the face of catastrophic, climate-induced risk. This rapid “insurance retreat” represents a major market signal in response to climate-exacerbated risks. Private businesses are making actuarial decisions, assessing that some locations are just too vulnerable to insure. At the same time, this insurance retreat also poses a policy challenge for states as they react to the mounting insurance gaps left by exiting private insurers.

This Article analyzes insurance retreat, its attendant policy challenges, and the lessons that can be drawn from state responses. It …

Dissenting Opinion?, Richard B. Collins

Publications

Johnson v. M'Intosh is important for its extensive description of the racist Doctrine of Discovery. But its holding had no bearing on legal rights of American Indian nations. The opinion's articulation of tribal rights to land ownership and retained sovereignty were correctly stated.

Defining "Healthy" On Food Labels: One Step Forward, Two Steps Back, Alexia Brunet Marks

Publications

Few definitions of the mid-twentieth century have survived into the twenty-first century. It is worth asking, then, why the definition of "health," articulated seventy-five years ago by the World Health Organization, has endured into the present. The 1948 definition reads as follows: "[h]ealth is a state of complete physical, mental[,] and social well-being and not merely the absence of disease or infirmity." Aspirational in tone, the definition resonates with the surge among consumers towards healthier foods and overall well-being. However, in addition to wartime and pandemic concerns, today's threats to achieving "health" include climate change and a rise in diet-related …

Privacy Without The State?, Scott Skinner-Thompson

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No abstract provided.

Reflections On The Implied Covenant Of Good Faith And Fair Dealing Under Delaware Law: The Case Of Sandbagging, Mark J. Loewenstein

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No abstract provided.

Zoom As An In-Person Learning Platform, Sloan G. Speck

Publications

During the COVID-19 pandemic, an unprecedented shift to remote learning spurred many legal educators to reassess their pedagogical norms and practices. These reassessments were enabled, in part, by the widespread adoption and acceptance of videoconferencing software, most notably Zoom, that accelerated from March of 2020. Zoom’s catalytic effect on pedagogy belies the fact that no single aspect of Zoom, by itself, is particularly pathbreaking. What is revolutionary, however, is how Zoom bundles diverse functionalities into a coherent package.

By recasting Zoom as a bundle of classroom functionalities--as an in-person learning platform--this Article presents a novel use case for Zoom in …