Law Commons^™

Remutualization, Erik F. Gerding

Publications

Policymakers need to rediscover the organizational form of business entity as a tool of financial regulation. Recent and classic scholarship has produced evidence that financial institutions organized as alternative entity forms – including investment bank partnerships and banks and insurance companies organized as mutual or cooperatives – tend to take less risk, exploit customers/consumer less, or commit less misconduct compared to counterparts organized as investor-owned corporations. This article builds off the work of Hill and Painter on investment banks organized as partnerships, Hansmann on the history and economics of banks and insurance companies organized as mutuals and cooperatives, and other …

Race, Space, And Surveillance: A Response To #Livingwhileblack: Blackness As Nuisance, Lolita Buckner Inniss

Publications

This article is an invited response to an American University Law Review article titled “#LivingWhileBlack: Blackness as Nuisance” that has been widely discussed in the news media and in academic circles.

Symposium: The California Consumer Privacy Act, Margot Kaminski, Jacob Snow, Felix Wu, Justin Hughes

Publications

This symposium discussion of the Loyola of Los Angeles Law Review focuses on the newly enacted California Consumer Privacy Act (CPPA), a statute signed into state law by then-Governor Jerry Brown on June 28, 2018 and effective as of January 1, 2020. The panel was held on February 20, 2020.

The panelists discuss how businesses are responding to the new law and obstacles for consumers to make effective use of the law’s protections and rights. Most importantly, the panelists grapple with questions courts are likely to have to address, including the definition of personal information under the CCPA, the application …

(Un)Common Law And The Female Body, Lolita Buckner Inniss

Publications

A dissonance frequently exists between explicit feminist approaches to law and the realities of a common law system that has often ignored and even at times exacerbated women’s legal disabilities. In The Common Law Inside the Fe-male Body, Anita Bernstein mounts a challenge to this story of division. There is, and has long been, she asserts, a substantial interrelation between the common law and feminist jurisprudential approaches to law. But Bernstein’s central argument, far from disrupting broad understandings of the common law, is in keeping with a claim that other legal scholars have long asserted: decisions according to precedent, …

Can You Hear Me Later And Believe Me Now? Behavioral Law And Economics Of Chronic Repeated Ambient Acoustic Pollution Causing Noise-Induced (Hidden) Hearing Loss, Peter H. Huang, Kelly J. Poore

Publications

This Article analyzes the public health issues of Noise-Induced Hearing Loss (“NIHL”) and Noise-Induced Hidden Hearing Loss (“NIHHL”) due to Chronic Repeated Ambient Acoustic Pollution (“CRAAP”). This Article examines the clinical and empirical medical data about NIHL and NIHHL and its normative implications. It applies behavioral law and economics and information economics to advance legal policies to reduce CRAAP. Finally, this Article advocates changing individual and social attitudes about deafness and hearing loss to raise political awareness and social consciousness about NIHL and NIHHL. One way to change our attitudes is by practicing compassion, empathy, and kindness, including Loving-Kindness Mindfulness …

Regulatory De-Arbitrage In Twenty-First Century Cures Act's Health Information Regulation, Craig Konnoth

Publications

Health data regulation can be thought of at two levels. First, the micro- level of regulation has to do with Electronic Health Records (EHRs). Second, the macro-level concerns the networks on which EHRs are transmitted. The micro- and macro-levels of regulation interact. For example, EHRs need to be configured so that they can be transmitted on mandated networks. As a result, the lines do sometimes blur.

That said, the 21st Century Cures Act (Cures) clearly takes a dual approach to regulation. Cures was passed in December 2016 on a bipartisan basis. Its mandate was to address health data regulation at …

De-Democratizing Criminal Law, Benjamin Levin

Publications

No abstract provided.

Hiv Law And Policy In The United States: A Tipping Point, Scott Skinner-Thompson

Publications

The fight to effectively treat and stop the spread of the human immunodeficiency virus (HIV) has made meaningful progress both in the United States and globally. But within the United States that progress has been uneven across various demographic groups and geographic areas, and has plateaued. While scientific advances have led to the development of medicine capable of both treating and preventing HIV, law and policy dictate who will have ready access to these medicines and other prevention techniques, and who will not. Law and policy also play a crucial role in determining whether HIV will be stigmatized, discouraging people …

Ending Forced Labor In Ice Detention Centers: A New Approach, Jonathon J. Booth

Publications

No abstract provided.

An American's Guide To The Gdpr, Margot Kaminski, Meg Leta Jones

Publications

No abstract provided.

A Tale Of Two Privacy Laws: The Gdpr And The International Right To Privacy, Vivek Krishnamurthy

Publications

No abstract provided.

Fair Or Foul: Examining Income Share Agreements In Professional Football And Baseball, Emely Garcia

Colorado Technology Law Journal

No abstract provided.

Blockchain & Business Methods: How Business Method Patents May Be Redeemed By Furthering Blockchain Innovation, Kurt Prange

Colorado Technology Law Journal

No abstract provided.

On-Orbit Services Are Ready For Lift Off: Existing U.S. Regulations Can Usher In A New Era Of Commercial Space Activity, Jordan Regenie

Colorado Technology Law Journal

No abstract provided.

Paving The Road To Fiber, Corian Zacher

Colorado Technology Law Journal

No abstract provided.

Book Review, Justin Murray

Publications

No abstract provided.

Amicus (Fall 2019), University Of Colorado Law School

Amicus

Issue at a glance:

• Training Lawyers with a Business Edge: The Colorado Law Way
• Alumni in Focus: Entrepreneurial and Business Law Success Stories
• Protecting Water Rights for Colorado Farmers: Acequia Project Completes Multi-Year Case Assisting Southern Colorado Farmers
• Holding Government Speech Accountable: Professor Norton Publishes Book on Government Speech and the Constitution
• Hitting the Trails To Hit the Books Harder
• A New Home for the Law Journals
• A Champion for Diversity: Honoring Milly Danielson Oppenheimer

Law Professor Comment Letter On Harmonization Of Private Offering Rules, Elisabeth D. De Fontenay, Erik Gerding, John Coffee, Jr., James D. Cox, Stephen F. Diamond, Merritt B. Fox, Michael Guttentag, Colleen Honigsberg, Renee M. Jones, Donald Langevoort, Saule T. Omarova, James Park, Jeff Schwartz, Andrew F. Tuch, Urska Velikonja

Research Data

Comment letter filed on Sept. 24, 2019.

"File No. S7-08-19"

"We are fifteen law professors whose scholarship and teaching focuses on securities regulation. We appreciate the opportunity to comment on the U.S. Securities and Exchange Commission’s (“SEC” or the “Commission”) Concept Release on Harmonization of Securities Offering Exemptions (the “Concept Release”)."

Cost-Nothing Analysis: Environmental Economics In The Age Of Trump, Lisa Heinzerling

Colorado Environmental Law Journal

No abstract provided.

In Atmosphere We Trust: Atmospheric Trust Litigation And The Environmental Advocate's Toolkit, Jenna Lewis

Colorado Environmental Law Journal

No abstract provided.

Still Melting: How Climate Change And Subsistence Laws Constrain Alaska Native Village Adaptation, E. Barrett Ristroph

Colorado Environmental Law Journal

No abstract provided.

Fluid Standing: Incorporating The Indigenous Rights Of Nature Concept Into Collaborative Management Of The Colorado River Ecosystem, Meredith N. Healey

Colorado Environmental Law Journal

No abstract provided.

Table Of Contents, Colorado Environmental Law Journal

Colorado Environmental Law Journal

No abstract provided.

Giving Biojet Wings: Policy Instruments For A Carbon Neutral Aviation Sector, Harri Kalimo, Olof Soebech, Leanor Reyes Mateo, Filip Sedefov

Colorado Environmental Law Journal

No abstract provided.

An Alternative To The Absolute Bar Effect Of Statutes Of Repose, Omeed Azmoudeh

Colorado Environmental Law Journal

No abstract provided.

Amicus (Spring 2019), University Of Colorado Law School

Amicus

Issue at a glance:

• Features Associate Professor Harry Surden's path-breaking work on artificial intelligence and the law
• Spotlights the Maya Land Rights and Development Project, where students and pro bono attorneys work with Belizean indigenous organizations to secure Maya customary land tenure and promote sustainable economic development opportunities for Maya communities
• Highlights the Governmental Entrepreneurial Leadership Accelerator
• Features Colorado Law alumni working in the field of human rights
• Announces the Getches-Wilkinson Center's Fellows Program
• Recognizes milestones and successes of Colorado Law alumni

Not Just Air Pollution: How The Clean Air Act Can Fix Zoning, Transportation, And Afforadable Housing, Nicholas D. Monck

University of Colorado Law Review Forum

The Clean Air Act of 1970 produced a revolution in environmental law. From its unique approach to federalism to its technology forcing provisions, it remains an innovative statute to this day. In light of the growing threat posed by climate change, federal administrators have worked to adapt its text to deal with greenhouse gasses and carbon emissions. Global warming, though, is not the only context in which the Clean Air Act (CAA) can be used in ways not originally intended. Although not meant as an urban planning law, the CAA’s Transportation Control Plans (TCPs) offer an opportunity to promote smarter …

International Energy Investments And Unrecognized States: Opportunities And Risks For Private Actors, Marianthi Pappa, Eduardo Guedes Pereira

Colorado Environmental Law Journal

No abstract provided.

Front Matter, Colorado Environmental Law Journal

Colorado Environmental Law Journal

No abstract provided.

Table Of Contents, Colorado Environmental Law Journal

Colorado Environmental Law Journal

No abstract provided.