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Articles 1 - 23 of 23
Full-Text Articles in Law
Incomparability And The Passive Virtues Ofad Hoc Privacy Policy, James P. Nehf
Incomparability And The Passive Virtues Ofad Hoc Privacy Policy, James P. Nehf
University of Colorado Law Review
No abstract provided.
Ending Pay-To-Play In The Municipal Securities Business: Msrb Rule G-3 7 Ten Years Later, Kevin Opp
Ending Pay-To-Play In The Municipal Securities Business: Msrb Rule G-3 7 Ten Years Later, Kevin Opp
University of Colorado Law Review
No abstract provided.
Inequality Of Bargaining Power, Daniel D. Barnhizer
Inequality Of Bargaining Power, Daniel D. Barnhizer
University of Colorado Law Review
No abstract provided.
The Effectiveness Of The Nafta Environmental Side Agreement's Citizen Submission Process: A Case Study Of Metales Y Derivados, Tseming Yang
The Effectiveness Of The Nafta Environmental Side Agreement's Citizen Submission Process: A Case Study Of Metales Y Derivados, Tseming Yang
University of Colorado Law Review
No abstract provided.
Executive Power And The Public Lands, Harold H. Bruff
Executive Power And The Public Lands, Harold H. Bruff
University of Colorado Law Review
No abstract provided.
P2p And The Future Of Private Copying, Peter K. Yu
P2p And The Future Of Private Copying, Peter K. Yu
University of Colorado Law Review
No abstract provided.
Who Needs Freedom Of Religion?, James W. Nickel
Who Needs Freedom Of Religion?, James W. Nickel
University of Colorado Law Review
This article proposes that we view freedom of religion as a specific application area of more general basic liberties such as freedoms of thought, expression, association, assembly, movement, privacy, political participation, and economic activity. Separate enumeration of freedom of religion in national and international bills of rights may be useful, but it is not indispensable. In this respect freedom of religion is more like scientific freedom or artistic freedom than like freedom of expression. Recognizing that separate enumeration of freedom of religion is dispensable has salutary consequences for how we conceive and justify freedom as it applies to religion. First, …
How Traditional And Minority Religions Fare In The Courts: Empirical Evidence From Religious Liberty Cases, Gregory C. Sisk
How Traditional And Minority Religions Fare In The Courts: Empirical Evidence From Religious Liberty Cases, Gregory C. Sisk
University of Colorado Law Review
There is an enduring legal myth that members of minority religious groups face a decidedly uphill battle in securing accommodation for or even tolerance of unconventional religious practices, expression, or values from the courts. According to conventional wisdom, traditional Christian believers may anticipate a more hospitable welcome from the judiciary when asserting claims of conscience or religious liberty. However based upon an empirical study of religious liberty decisions in the federal courts, the proposition that minority religions are less successful with their claims was found to be without empirical support, at least in the modern era and in the lower …
Child Custody, Religious Practices, And Conscience, Kent Greenwalt
Child Custody, Religious Practices, And Conscience, Kent Greenwalt
University of Colorado Law Review
This article asks to what extent considerations relating to religion should figure in custody disputes. One inquiry is whether the kind of religious life that a parent plans for his or her child should figure in the decision whether to grant custody to that parent. The article focuses on a religious life that involves very substantial deprivation no after-school activities, no television, no pets, no reading except schoolwork and the Bible-from an ordinary secular perspective. A second inquiry is whether one parent of a divorced couple should be able to prevent the other parent from exposing a child to various …
Warning Bell: The Inherent Difficulties Of Responding To Student-On-Student Sexual Harassment In Colorado Middle Schools, M. Brent Case
Warning Bell: The Inherent Difficulties Of Responding To Student-On-Student Sexual Harassment In Colorado Middle Schools, M. Brent Case
University of Colorado Law Review
No abstract provided.
Congressional Reporting Requirements: Testing The Limits Of The Oversight Power, Jonathan G. Pray
Congressional Reporting Requirements: Testing The Limits Of The Oversight Power, Jonathan G. Pray
University of Colorado Law Review
No abstract provided.
Federal Land Retention And The Constitution's Property Clause: The Original Understanding, Robert G. Natelson
Federal Land Retention And The Constitution's Property Clause: The Original Understanding, Robert G. Natelson
University of Colorado Law Review
No abstract provided.
The Battle Between The Colorado Oil And Gas Conservation Commission And Local Governments: A Call For A New And Comprehensive Approach, Angela Neese
University of Colorado Law Review
No abstract provided.
Navigating Dangerous Constitutional Straits: A Prolegomenon On The Federal Marriage Amendment And The Disenfranchisement Of Sexual Minorities, Ronald J. Krotosynski, Jr., E. Gary Spitko
Navigating Dangerous Constitutional Straits: A Prolegomenon On The Federal Marriage Amendment And The Disenfranchisement Of Sexual Minorities, Ronald J. Krotosynski, Jr., E. Gary Spitko
University of Colorado Law Review
No abstract provided.
Judicial Modesty And The Jury, Suja A. Thomas
Judicial Modesty And The Jury, Suja A. Thomas
University of Colorado Law Review
No abstract provided.
Begging To Defer: Lessons In Judicial Federalism From Colorado Search-And-Seizure Jurisprudence, Richard C. Miller
Begging To Defer: Lessons In Judicial Federalism From Colorado Search-And-Seizure Jurisprudence, Richard C. Miller
University of Colorado Law Review
No abstract provided.
What Does Religion Have To Do With Freedom Of Conscience?, Steven D. Smith
What Does Religion Have To Do With Freedom Of Conscience?, Steven D. Smith
University of Colorado Law Review
Although the framers of the First Amendment chose to protect "the free exercise of religion" and deleted language about 'freedom of conscience, " a widely-held modern assumption maintains that constitutional protection should extend to conscience generally, not just to religious exercise. But is this extension defensible? This article considers three classic rationales for religious freedom-the "separate spheres" rationale, the 'futility" rationale, and the "higher duties" rationale-and asks whether they justify protection of non-religious conscience. The article concludes that all of the classic rationales are vulnerable to serious objections. However, a somewhat different rationale, which might be called the "personhood" rationale, …
Enron, Fraud, And Securities Reform; An Enron Prosecutor's Perspective, John R. Kroger
Enron, Fraud, And Securities Reform; An Enron Prosecutor's Perspective, John R. Kroger
University of Colorado Law Review
No abstract provided.
Corporate Environmental Reporting As Informational Regulation: A Law And Economics Perspective, David W. Case
Corporate Environmental Reporting As Informational Regulation: A Law And Economics Perspective, David W. Case
University of Colorado Law Review
No abstract provided.
Reviving The Coercion Test: A Proposal To Prevent Federal Conditional Spending That Leaves Children Behind, Coulter M. Bump
Reviving The Coercion Test: A Proposal To Prevent Federal Conditional Spending That Leaves Children Behind, Coulter M. Bump
University of Colorado Law Review
No abstract provided.
The Dilemma Of Expressive Punishment, William Deford
The Dilemma Of Expressive Punishment, William Deford
University of Colorado Law Review
No abstract provided.
Eagle Feathers And Equality: Lessons On Religious Exceptions From The Native American Experience, Kevin J. Worthen
Eagle Feathers And Equality: Lessons On Religious Exceptions From The Native American Experience, Kevin J. Worthen
University of Colorado Law Review
The legality and propriety of exempting religiously motivated conduct from otherwise applicable legal norms is the subject of ongoing scholarly, judicial, and legislative debate. The issue is particularly thorny when it arises in a legal system deeply committed to the concept of equality. The Eagle Protection Act, which exempts Native Americans religious practitioners who are members offederally recognized tribes from its general prohibition on the taking and use of bald and golden eagle feathers, provides an interesting context in which to examine that debate. Not only does the Act exempt religiously motivated conduct from the otherwise applicable norms, it prefers …
A Practical And Pragmatic Approach To Freedom Of Conscience, Martin H. Belsky
A Practical And Pragmatic Approach To Freedom Of Conscience, Martin H. Belsky
University of Colorado Law Review
Using a series of anecdotes and illustrations, the author posits that freedom of conscience, broadly defined, can only be protected, if at all, by assertive individual and group action. Such action must be not just against government interference but also against nongovernmental or private activities as well as intimidation. Professor Belsky urges individual balancing of the freedom of conscience and other legal, governmental and societal interests. This balancing is a form of "constitutionalism," and when necessary must be followed up by enforcement through personal action.