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University of Colorado Law School

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Full-Text Articles in Law

Disaster Vulnerability, Lisa Grow, Brigham Daniels, Douglas M. Spencer, Chantel Sloan, Natalie Blades, Teresa Gomez Jan 2022

Disaster Vulnerability, Lisa Grow, Brigham Daniels, Douglas M. Spencer, Chantel Sloan, Natalie Blades, Teresa Gomez

Articles

Vulnerability drives disaster law, yet the literature lacks both an overarching analysis of the different aspects of vulnerability and a nuanced examination of the factors that shape disaster outcomes. Though central to disaster law and policy, vulnerability often lurks in the shadows of a disaster, evident only once the worst is past and the bodies have been counted. The COVID-19 pandemic is a notable exception to this historical pattern: from the beginning of the pandemic, it has been clear that the virus poses different risks to different people, depending on vulnerability variables. This most recent pandemic experience thus provides a ...


Fastcase Features: A Quick Guide For Former Casemaker Users, Baylee Suskin Jan 2022

Fastcase Features: A Quick Guide For Former Casemaker Users, Baylee Suskin

Articles

No abstract provided.


Introduction: Privacy Studies, Surveillance Law, Scott Skinner-Thompson Jan 2022

Introduction: Privacy Studies, Surveillance Law, Scott Skinner-Thompson

Articles

This Dialogue section examines perspectives on how privacy law scholarship and surveillance scholarship can be further enriched with more critical reflection and discussion between the disciplines and includes valuable contributions from thought leaders in each field.


Westlaw’S Key Number System, Aamir S. Abdullah Jan 2022

Westlaw’S Key Number System, Aamir S. Abdullah

Articles

No abstract provided.


Roundtable Two: Environmental Law Education: New Techniques In The Classroom And Beyond, Lincoln Davies, Karrigan Bork, Sarah Krakoff Jan 2022

Roundtable Two: Environmental Law Education: New Techniques In The Classroom And Beyond, Lincoln Davies, Karrigan Bork, Sarah Krakoff

Articles

No abstract provided.


Hunting And Gathering On The Legal Information Savannah, Susan Nevelow Mart, Adam Litzler, David Gunderman Jan 2022

Hunting And Gathering On The Legal Information Savannah, Susan Nevelow Mart, Adam Litzler, David Gunderman

Articles

This article asks, what is it like for novice researchers to research real-world legal problems using four platforms: Bloomberg Law, Fastcase, Lexis Advance, and Westlaw? The study findings produced some surprises, as well as some clear implications for teaching legal research.


The Case For Data Privacy Rights (Or 'Please, A Little Optimism'), Margot E. Kaminski Jan 2022

The Case For Data Privacy Rights (Or 'Please, A Little Optimism'), Margot E. Kaminski

Articles

No abstract provided.


Realizing Diversity, Sustainability, And Stakeholder Capitalism, Peter H. Huang Jan 2022

Realizing Diversity, Sustainability, And Stakeholder Capitalism, Peter H. Huang

Articles

Stakeholder capitalism conceives of capitalism with companies maximizing their long-term value, while considering in addition to the interests of their shareholders, also the interests of all their other stakeholders. Examples of such additional stakeholders include customers, employees, communities, creditors, competitors, society at large, and our planet. America today does not have stakeholder capitalism. Instead, America presently has shareholder capitalism, in which publicly held corporations only maximize their stock value to shareholders.

This Essay analyzes proposals for the United States Securities Exchange Commission to require that all reporting companies make periodic mandatory Environmental, Social, and Governance (ESG) disclosures of comparable, standardized ...


Pay-To-Playlist: The Commerce Of Music Streaming, Christopher Buccafusco, Kristelia A. García Jan 2022

Pay-To-Playlist: The Commerce Of Music Streaming, Christopher Buccafusco, Kristelia A. García

Articles

Payola—sometimes referred to as “pay-for-play”—is the undisclosed payment, or acceptance of payment, in cash or in kind, for promotion of a song, album, or artist. Some form of pay-for-play has existed in the music industry since the nineteenth century. Most prominently, the term has been used to refer to the practice of musicians and record labels paying radio DJs to play certain songs in order to boost their popularity and sales. Since the middle of the twentieth century, the FCC has regulated this behavior—ostensibly because of its propensity to harm consumers and competition—by requiring that broadcasters ...


Frustration, The Mac Clause, And Covid-19, Andrew A. Schwartz Jan 2022

Frustration, The Mac Clause, And Covid-19, Andrew A. Schwartz

Articles

COVID-19's impact on business has been exasperating—but is it Frustrating? The Frustration doctrine of contract law excuses a party from its contractual obligations when an extraordinary event completely undermines the principal purpose of making the deal. This doctrine has long been a marginal player in contract litigation, as parties rarely invoked it—and usually lost when they did.

The COVID-19 pandemic, however, is precisely the type of extraordinary event that Frustration was designed to address, and the courts have been inundated over the past year by a wave of colorable Frustration claims. This timely Article describes the Frustration ...


Procedural Environmental Justice, Jonathan Skinner-Thompson Jan 2022

Procedural Environmental Justice, Jonathan Skinner-Thompson

Articles

Achieving environmental justice—that is, the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies—requires providing impacted communities not just the formal right, but the substantive ability, to participate as equal partners at every level of environmental decision-making. While established administrative policy purports to provide all people with so-called “meaningful involvement” in the regulatory process, the public participation process often excludes marginalized community members from exerting meaningful influence on decision-making. Especially in the environmental arena, regulatory decisions are ...


Authoring Prior Art, Joseph P. Fishman, Kristelia A. García Jan 2022

Authoring Prior Art, Joseph P. Fishman, Kristelia A. García

Articles

Patent law and copyright law are widely understood to diverge in how they approach prior art, the universe of information that already existed before a particular innovation’s development. For patents, prior art is paramount. An invention can’t be patented unless it is both novel and nonobvious when viewed against the backdrop of all the earlier inventions that paved the way. But for copyrights, prior art is supposed to be virtually irrelevant. Black-letter copyright doctrine doesn’t care if a creative work happens to resemble its predecessors, only that it isn’t actually copied from them. In principle, then ...


Endangered Claims: How The U.S. Civil Procedure System Mimics The Wild, Suzette M. Malveaux Jan 2022

Endangered Claims: How The U.S. Civil Procedure System Mimics The Wild, Suzette M. Malveaux

Articles

No abstract provided.


Policing And "Bluelining", Aya Gruber Jan 2021

Policing And "Bluelining", Aya Gruber

Articles

In this Commentary written for the Frankel Lecture symposium on police killings of Black Americans, I explore the increasingly popular claim that racialized brutality is not a malfunction of policing but its function. Or, as Paul Butler counsels, “Don’t get it twisted—the criminal justice system ain’t broke. It’s working just the way it’s supposed to.” This claim contradicts the conventional narrative, which remains largely accepted, that the police exist to vindicate the community’s interest in solving, reducing, and preventing crime. A perusal of the history of organized policing in the United States, however, reveals ...


Getting Real About Procedure: Changing How We Think, Write And Teach About American Civil Procedure, Suzette M. Malveaux Jan 2021

Getting Real About Procedure: Changing How We Think, Write And Teach About American Civil Procedure, Suzette M. Malveaux

Articles

No abstract provided.


The Fourth Amendment’S Forgotten Free-Speech Dimensions, Aya Gruber Jan 2021

The Fourth Amendment’S Forgotten Free-Speech Dimensions, Aya Gruber

Articles

No abstract provided.


It's About Bloody Time And Space, Lolita Buckner Inniss Jan 2021

It's About Bloody Time And Space, Lolita Buckner Inniss

Articles

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 ...


Agonistic Privacy & Equitable Democracy, Scott Skinner-Thompson Jan 2021

Agonistic Privacy & Equitable Democracy, Scott Skinner-Thompson

Articles

This Essay argues that legal privacy protections—which enable individuals to control their visibility within public space—play a vital role in disrupting the subordinating, antidemocratic impacts of surveillance and should be at the forefront of efforts to reform the operation of both digital and physical public space. Robust privacy protections are a touchstone for empowering members of different marginalized groups with the ability to safely participate in both the physical and digital public squares, while also preserving space for vibrant subaltern counterpublics. By increasing heterogeneity within the public sphere, privacy can also help decrease polarization by breaking down echo ...


A Grammar Of Legal Thought, Derek H. Kiernan-Johnson Jan 2021

A Grammar Of Legal Thought, Derek H. Kiernan-Johnson

Articles

No abstract provided.


Law, Labor, And The Hard Edge Of Progressivism: The Legal Repression Of Radical Unionism And The American Labor Movement's Long Decline, Ahmed White Jan 2021

Law, Labor, And The Hard Edge Of Progressivism: The Legal Repression Of Radical Unionism And The American Labor Movement's Long Decline, Ahmed White

Articles

No abstract provided.


Algorithmic Impact Assessments Under The Gdpr: Producing Multi-Layered Explanations, Margot E. Kaminski, Gianclaudio Malgieri Jan 2021

Algorithmic Impact Assessments Under The Gdpr: Producing Multi-Layered Explanations, Margot E. Kaminski, Gianclaudio Malgieri

Articles

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 ...


Decarceration And Default Mental States, Benjamin Levin Jan 2021

Decarceration And Default Mental States, Benjamin Levin

Articles

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 ...


Imagining The Progressive Prosecutor, Benjamin Levin Jan 2021

Imagining The Progressive Prosecutor, Benjamin Levin

Articles

As criminal justice reform has attracted greater public support, a new brand of district attorney candidate has arrived: the “progressive prosecutors.” Commentators increasingly have keyed on “progressive prosecutors” as offering a promising avenue for structural change, deserving of significant political capital and academic attention. This Essay asks an unanswered threshold question: what exactly is a “progressive prosecutor”? Is that a meaningful category at all, and if so, who is entitled to claim the mantle? In this Essay, I argue that “progressive prosecutor” means many different things to many different people. These differences in turn reveal important fault lines in academic ...


Wage Theft Criminalization, Benjamin Levin Jan 2021

Wage Theft Criminalization, Benjamin Levin

Articles

Over the past decade, workers’ rights activists and legal scholars have embraced the language of “wage theft” in describing the abuses of the contemporary workplace. The phrase invokes a certain moral clarity: theft is wrong. The phrase is not merely a rhetorical flourish. Increasingly, it has a specific content for activists, politicians, advocates, and academics: wage theft speaks the language of criminal law, and wage theft is a crime that should be punished. Harshly. Self-proclaimed “progressive prosecutors” have made wage theft cases a priority, and left-leaning politicians in the United States and abroad have begun to propose more criminal statutes ...


Introduction To The Symposium On The Impact Of Indigenous Peoples On International Law, S. James Anaya, Antony Anghie Jan 2021

Introduction To The Symposium On The Impact Of Indigenous Peoples On International Law, S. James Anaya, Antony Anghie

Articles

No abstract provided.


Government Falsehoods, Democratic Harm, And The Constitution, Helen Norton Jan 2021

Government Falsehoods, Democratic Harm, And The Constitution, Helen Norton

Articles

No abstract provided.


Researching Colorado Employment Law, Jill Sturgeon Jan 2021

Researching Colorado Employment Law, Jill Sturgeon

Articles

No abstract provided.


Indigenous Peoples And Diplomacy On The World Stage, Kristen Carpenter, Alexey Tsykarev Jan 2021

Indigenous Peoples And Diplomacy On The World Stage, Kristen Carpenter, Alexey Tsykarev

Articles

No abstract provided.


Free Speech And Democracy: A Primer For Twenty-First Century Reformers, Toni M. Massaro, Helen Norton Jan 2021

Free Speech And Democracy: A Primer For Twenty-First Century Reformers, Toni M. Massaro, Helen Norton

Articles

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 ...


Agency Genesis And The Energy Transition, Sharon B. Jacobs Jan 2021

Agency Genesis And The Energy Transition, Sharon B. Jacobs

Articles

Commentators and policymakers frequently propose new government agencies in response to novel or intractable problems. New agencies can refocus public attention on the problems they regulate. They can attract new talent and bypass calcified or captured channels. But they are also costly, and there is no guarantee that they will be more successful than their predecessors.

This Article examines agency genesis at the state level. In the process, it expands recent thinking about the administrative separation of powers to the states. At the federal level, setting up agency rivalries within the executive branch can be an effective tool for mitigating ...