Law Commons^™

Amicus (Fall 2020), University Of Colorado Law School

Amicus

Issue at a glance:

• Spotlights Dean Anaya's Anti-Racism and Representation Initiative
• Features essays by Colorado Law alumni and friends on racial justice, pipelines to law school, inclusiveness, and systemic inequalities
• Introduces new faculty and staff
• Details the law school's transition to remote learning due to the coronavirus pandemic
• Highlights the Dan Barash Scholarship, awarded to aspiring public defenders
• Recognizes milestones and successes of Colorado Law alumni

Democracy And The Fourth Seat: Kagan’S Jurisprudence,Stevens’S Legacy, Lauren Dimartino

University of Colorado Law Review Forum

No abstract provided.

Criminal Law In Crisis, Benjamin Levin

University of Colorado Law Review Forum

In this Essay, I offer a brief account of how the COVID-19 pandemic lays bare the realities and structural flaws of the carceral state. I provide two primary examples or illustrations, but they are not meant to serve as an exhaustive list. Rather, by highlighting these issues, problems, or (perhaps) features, I mean to suggest that this moment of crisis should serve not just as an opportunity to marshal resources to address the pandemic, but also as a chance to address the harsh realities of the U.S. criminal system. Further, my claim isn’t that criminal law is in some way …

An Odd Way To Read A Preemption Statute: The Atomic Energy Act, Virginia Uranium, And The Dine Natural Resource Protection Act, Erin Hogan-Freemole

Colorado Environmental Law Journal

No abstract provided.

In Furtherance Of National Interest Or A Pirate's Blockade?: The Effect Of The Trade War On The U.S. Steel, Aluminum, And Solar Industries, Jessica Serrano

Colorado Environmental Law Journal

No abstract provided.

Restoration Of Protected Lakes Under Climate Change: What Legal Measures Are Needed To Help Biodiversity Adapt To The Changing Climate? The Case Of Lake Ijssel, Netherlands, Johnathan Verschuuren

Colorado Environmental Law Journal

No abstract provided.

When The Navajo Generating Station Closes, Where Does The Water Go?, Gregor Allen Macgregor

Colorado Environmental Law Journal

No abstract provided.

Observer Participation In International Climate Change Decision Making: A Complementary Role For Human Rights?, Nadia Sanchez Castillo-Winckels

Colorado Environmental Law Journal

No abstract provided.

A Sustainable Olympic Games: Applying The Nepa Framework To Reevaluate Olympic Site Selection, Holly Tokar

Colorado Environmental Law Journal

No abstract provided.

Amicus (Spring 2020), University Of Colorado Law School

Amicus

Issue at a glance:

• Dean's Message: A Tradition of Public Service
• Clinic Students Weigh In on Future of Automatic Speech Recognition Policies
• Pursuing Citizenship in the Enforcement Era: An Inside Look at the Newest Americans
• Feminism's Criminal Law Problem
• When They See Him
• Called to Service
• Expanded Journals Suite Named in Honor of Esteemed Alumna
• Rare Books Room Renamed for John ('65) and Nancy Wittemyer
• Q&A: Law Alumni Board Chair Richard Murray ('07)
• Last Word: Hon. Nikea Bland ('05)

Implementing The United Nations Declaration On The Rights Of Indigenous Peoples In The United States: A Call To Action For Inspired Advocacy In Indian Country., Kristen Carpenter, Edyael Casaperalta, Danielle Lazore-Thompson

University of Colorado Law Review Forum

No abstract provided.

Streamlining Or Steamrolling: Oil And Gas Leasing Reform On Federal Public Lands In The Trump Administration, Marcilynn A. Burke

University of Colorado Law Review

No abstract provided.

Toward Establishing A Pre-Extinction Definition Of "Nationwide Injunctions, Portia Pedro

University of Colorado Law Review

No abstract provided.

The Kids Are Airight: Teen Sexting, Child Pornography Charges, And The Criminalization Of Adolescent Sexuality, Blaire Bayliss

University of Colorado Law Review

"Sexting" is a term that refers to the exchange of sexually explicit or sexually suggestive messages or images between individuals using electronic messaging. Teenage sexting is a controversial legal topic because the act of taking nude or semi-nude pictures of a minor technically constitutes child pornography under federal law, even when those pictures were self-portraits taken by the minor in question. This Comment argues that the prosecution of sexting under federal child pornography law constitutes the criminalization of adolescent exploration of sexuality and that states should adopt their own sexting-specific laws to address teenage sexting in a manner that respects …

The Greater Yellowstone Ecosystem Revisited: Law, Science, And The Pursuit Of Ecosystem Management In An Iconic Landscape, Robert B. Keiter

University of Colorado Law Review

Thirty years ago, the Greater Yellowstone Ecosystem (GYE) concept and ecosystem management surfaced as key to preserving this legally fragmented region's public lands and wildlife in the face of mounting development pressures. Yellowstone's grizzly bears were in sharp decline and wolves were absent from the landscape, while bison and elk management issues festered. The GYE's national forest lands were subject to extensive logging, energy leasing, and other commercial activities that cumulatively threatened the region's ecological integrity. In the face of extreme jurisdictional complexity and a strong commitment to agency discretion, a high-profile federal "Vision" effort to improve and better coordinate …

Cercla: It's Time To Prioritize Climate Threats, Lyndsie Dundas

University of Colorado Law Review

Climate change will bring more extreme weather, including increased flooding and wind damage, to all stretches of the United States. These effects of climate change will cause profound consequences for communities living near sites with a legacy of toxic waste. With 1,883 Superfund sites on the National Priorities List and countless other U.S. properties with some degree of contamination, climate change will result in increased risk of exposure for surrounding local populations and environments. Currently, the Hazard Ranking System does not consider effects of climate change when calculating the risk a site poses to the public. Without considering associated climate …

Uber's Efficiencies: A Modest Proposal For Limiting Use Of Antitrust's Per Se Rule, Kathleen Guilfoyle

University of Colorado Law Review

In antitrust law, the per se rule against horizontal price-fixing seems set in stone. Over time, however, antitrust enforcers and courts have declined to use this rule and instead have used the rule of reason. This change stems directly from the recognition that the per se rule's blunt application may end up harming consumers in some contexts. Using Uber as an example of a consumer-friendly, efficiencyenhancing business model, this Comment argues that using the per se rule to analyze horizontal arrangements like Uber's sacrifices consumer welfare. Instead, courts should use the rule of reason and engage in cost-benefit analysis where …

Toward Sustainable Recreation On Colorado's Fourteeners, Rebecca Sokol

University of Colorado Law Review

Colorado's fourteen-thousand-foot mountains, commonly known as fourteeners, are attracting visitors in unprecedented numbers. As people flock to the state's most popular peaks, hikers degrade the environment and create safety problems. This Comment addresses potential approaches to recreation management on fourteeners and argues that traditional use-limit management methods, like visitor quotas, do not align with sustainability objectives. The Forest Service, the primary land management agency for most fourteeners, has a duty to promote sustainable recreation by incorporating environmental, social, and economic factors into its decision-making processes. However, the Forest Service tends to rely on use limits even though these methods would …

Reevaluating Environmental Citizen Suits In Theory And Practice, David E. Adelman, Robert L. Glicksman

University of Colorado Law Review

Citizen suits are frequently cited as an essential legal innovation by virtue of their capacity to provide a backstop to lax or ideologically antagonistic administrations. Drawing on data from fifteen years of litigation under two prominent environmental statutes, we find little evidence that citizen suits effectively serve this role in practice. Instead, we find that limited resources and institutional barriers strictly limit the number of citizen suits filed annually against the federal government under two of the most litigated environmental statutes, the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA). While our findings do not negate the …

Contingent Delisting, Justin R. Pidot

University of Colorado Law Review

No abstract provided.

Ecosystem Services And Federal Public Lands: A Quiet Revolution In Natural Resources Management, J.B. Ruhl, James Salzman

University of Colorado Law Review

The major federal public land management agencies (the Forest Service, Bureau of Land Management, Park Service, Fish & Wildlife Service, and Department of Defense) have increasingly adopted a language that did not exist twentyfive years ago-the language of ecosystem services. Ecosystem services are the range of benefits that ecological resources provide to humans, from water purification and pollination to carbon sequestration and wildlife habitat. The scientific discipline advancing the ecosystem services framework arose in the mid-1990s and quickly became a central strategy for fusing ecology and economics research. Despite its ascendance in research communities, the recognition and conservation of ecosystem …

Honoring Sally Jewell, Charles Wilkinson

University of Colorado Law Review

No abstract provided.

Decolonization: Treaties, Resource Use, And Environmental Conservation, Gerald Torres

University of Colorado Law Review

No abstract provided.

A Conversation With Associate Justice Elena Kagan, Justice Elena Kagan

University of Colorado Law Review

No abstract provided.

National Injunctions: What Does The Future Hold?, Suzette Malveaux

University of Colorado Law Review

No abstract provided.

Seeing Beyond Courts: The Political Context Of The Nationwide Injunction, Charlton C. Copeland

University of Colorado Law Review

No abstract provided.

The Constitutionality Of Nationwide Injunctions, Alan M. Trammell

University of Colorado Law Review

Opponents of nationwide injunctions have advanced cogent reasons why courts should be skeptical of this sweeping remedy, but one of the arguments is a red herring: the constitutional objection. This Essay focuses on the narrow question of whether the Article III judicial power prohibits nationwide injunctions. It doesn't.

This Essay confronts and dispels the two most plausible arguments that nationwide injunctions run afoul of Article III. First, it shows that standing jurisprudence does not actually speak to the scope-of-remedy questions that nationwide injunctions present. Second, it demonstrates that the Article III judicial power is not narrowly defined in terms of …

Preserving The Nationwide National Government Injunction To Stop Illegal Executive Branch Activity, Doug Rendleman

University of Colorado Law Review

No abstract provided.

Bulldozing Infrastructure Planning And The Environment Through Trump's Executive Order 13807, Alejandro E. Camacho

University of Colorado Law Review

No abstract provided.

Not Yet America's Best Idea: Law, Inequality, And Grand Canyon National Park, Sarah Krakoff

University of Colorado Law Review

No abstract provided.