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Articles 31 - 60 of 92
Full-Text Articles in Law
Old Ground And New Directions At Sacred Sites On The Western Landscape, Kristen A. Carpenter
Old Ground And New Directions At Sacred Sites On The Western Landscape, Kristen A. Carpenter
Publications
The federal public lands contain places with both religious and secular value for American people. American Indians, in particular, hold certain natural features to be sacred, and visit them for ceremonies and worship. Simultaneously, non-Indians use the same places for economic, recreation, and many other purposes - and conflicts arise between these groups. In the past twenty years, a body of constitutional jurisprudence has developed to address questions of religious freedoms and public access rights on these lands that are owned and managed by the federal government. This article outlines the relevant First Amendment framework as well as recent statutes …
Colorado Revisits The Rule Against Perpetuities, Wayne M. Gazur
Colorado Revisits The Rule Against Perpetuities, Wayne M. Gazur
Publications
The 2006 Colorado General Assembly passed legislation adopting a 1000-year limitation applicable to interests in trust, practically eliminating the Rule Against Perpetuities ("RAP"). This article discusses the legislation's impact on the RAP in trust and non-trust situations.
Skepticism And Expertise: The Supreme Court And The Eeoc, Melissa Hart
Skepticism And Expertise: The Supreme Court And The Eeoc, Melissa Hart
Publications
The Supreme Court regularly denies deference to the Equal Employment Opportunity Commission's interpretations of the federal antidiscrimination laws which that agency is charged with enforcing and interpreting. The Court's lack of deference for EEOC interpretation is in part a function of the analytical framework that the Court has created for assessing the deference due to different types of administrative interpretation. But this essay argues that the Court's lack of deference cannot be entirely explained with reference to these neutral analytical criteria. The Court's attitude toward the EEOC may also be explained as a consequence both of judicial reluctance to view …
"Particular Intentions": The Hillmon Case And The Supreme Court, Marianne Wesson
"Particular Intentions": The Hillmon Case And The Supreme Court, Marianne Wesson
Publications
The case of Mutual Life Insurance Company v. Hillmon is one of the most influential decisions in the law of evidence. Decided by the Supreme Court in 1892, it invented an exception to the hearsay rule for statements encompassing the intentions of the declarant. But this exception seems not to rest on any plausible theory of the categorical reliability of such statements. This article suggests that the case turned instead on the Court's attachment to a particular narrative about the events that gave rise to the case, events that produced a corpse of disputed identity. The author's investigations into newspaper …
The Juridical Structure Of Habitual Offender Laws And The Jurisprudence Of Authoritarian Social Control, Ahmed A. White
The Juridical Structure Of Habitual Offender Laws And The Jurisprudence Of Authoritarian Social Control, Ahmed A. White
Publications
No abstract provided.
International Environmental Law: 2006 Annual Report, Jane C. Luxton, Lakshman Guruswamy, Kevin L. Doran
International Environmental Law: 2006 Annual Report, Jane C. Luxton, Lakshman Guruswamy, Kevin L. Doran
Publications
No abstract provided.
Tax Strategies Are Not Patentable Inventions, Andrew A. Schwartz
Tax Strategies Are Not Patentable Inventions, Andrew A. Schwartz
Publications
No abstract provided.
The Salmon People, Judge Boldt, And The Rule Of Law, Charles F. Wilkinson
The Salmon People, Judge Boldt, And The Rule Of Law, Charles F. Wilkinson
Publications
No abstract provided.
Cite Checking: A Brave New World, Susan Nevelow Mart
Cite Checking: A Brave New World, Susan Nevelow Mart
Publications
No abstract provided.
The Current State Of International Law, S. James Anaya
The Current State Of International Law, S. James Anaya
Publications
No abstract provided.
Toward A New Horizontal Federalism: Interstate Water Management In The Great Lakes Region, Noah D. Hall
Toward A New Horizontal Federalism: Interstate Water Management In The Great Lakes Region, Noah D. Hall
University of Colorado Law Review
This article presents a new model for environmental policy, called cooperative horizontal federalism. The cooperative horizontal federalism approach utilizes a constitutional mechanism for states to bind themselves to common substantive and procedural environmental protection standards, implemented individually with regional resources and enforcement. Here, the concept of the cooperative horizontal federalism model is illustrated through the recently proposed Great Lakes-St. Lawrence River Basin Water Resources Compact. Under this proposed compact, the eight Great Lakes states would cooperatively manage the world's largest freshwater resource under common minimum standards, which are then incorporated into state law and implemented individually. This cooperative horizontal federalism …
Academic Freedom: Disciplinary Lessons From Hogwarts, Emily M. Calhoun
Academic Freedom: Disciplinary Lessons From Hogwarts, Emily M. Calhoun
University of Colorado Law Review
No abstract provided.
Three Versions Of Nonsense, Paul Campos
Three Versions Of Nonsense, Paul Campos
University of Colorado Law Review
No abstract provided.
Bureaucracy And Distrust: Germaneness And The Paradoxes Of The Academic Freedom Doctrine, Alan K. Chen
Bureaucracy And Distrust: Germaneness And The Paradoxes Of The Academic Freedom Doctrine, Alan K. Chen
University of Colorado Law Review
No abstract provided.
Race, Gender, Region And Death Sentencing In Colorado, 1980-1999, Stephanie Hindson, Hillary Potter, Michael L. Radelet
Race, Gender, Region And Death Sentencing In Colorado, 1980-1999, Stephanie Hindson, Hillary Potter, Michael L. Radelet
University of Colorado Law Review
This paper examines the administration of the death penalty in Colorado. We first identify all cases (n=21) in which defendants were sentenced to death in Colorado, 1972-2005, and all cases (n=10) in which the death penalty was sought, 1980-1999. We then compare the race and gender of all homicide victims with the race and gender of victims in the 110 death penalty cases. Overall, we find that the death penalty is most likely to be sought for homicides with white female victims, and that the probability of death being sought is 4.2 times higher for those who kill whites than …
The Ethics Of Electronic Record Sharing, Barbara A. Bintliff, Georgia Briscoe
The Ethics Of Electronic Record Sharing, Barbara A. Bintliff, Georgia Briscoe
Publications
No abstract provided.
The Interests Of "Peoples" In The Cooperative Management Of Sacred Sites, Kristen A. Carpenter
The Interests Of "Peoples" In The Cooperative Management Of Sacred Sites, Kristen A. Carpenter
Publications
This essay contends that there is a structural element of federal law and policy that sets up legal battles over American Indian sacred sites. The Supreme Court has held that whatever rights groups may have at sacred sites, the federal government's rights as owner and sovereign of the public lands ultimately prevails. Federal agencies can, if they choose, accommodate various interests on the public lands, but such decisions are left to fluctuating executive policy and the discretion of land managers. This approach reflects well-established doctrine in public lands law, but leaves various citizens and groups clamoring for the federal government …
Intimate Homicide: Gender And Crime Control, 1880-1920, Carolyn B. Ramsey
Intimate Homicide: Gender And Crime Control, 1880-1920, Carolyn B. Ramsey
Publications
The received wisdom, among feminists and others, is that historically the criminal justice system tolerated male violence against women. This article dramatically revises feminist understanding of the legal history of public responses to intimate homicide by showing that, in both the eastern and the western United States, men accused of killing their intimates often received stern punishment, including the death penalty, whereas women charged with similar crimes were treated leniently. Although no formal "battered woman's defense" existed in the late 1800s and early 1900s, courts and juries implicitly recognized one--and even extended it to abandoned women who killed their unfaithful …
The Crime Of Economic Radicalism: Criminal Syndicalism Laws And The Industrial Workers Of The World, 1917-1927, Ahmed A. White
The Crime Of Economic Radicalism: Criminal Syndicalism Laws And The Industrial Workers Of The World, 1917-1927, Ahmed A. White
Publications
No abstract provided.
The Renaissance Of Tribal Sovereignty, The Negative Doctrinal Feedback Loop, And The Rise Of A New Exceptionalism, Sarah Krakoff
The Renaissance Of Tribal Sovereignty, The Negative Doctrinal Feedback Loop, And The Rise Of A New Exceptionalism, Sarah Krakoff
Publications
No abstract provided.
A Brief History Of The U.S.-American Indian Nations Relationship, Richard B. Collins
A Brief History Of The U.S.-American Indian Nations Relationship, Richard B. Collins
Publications
No abstract provided.
Listening To All The Voices, Old And New: The Evolution Of Land Ownership In The Modern West, Charles Wilkinson
Listening To All The Voices, Old And New: The Evolution Of Land Ownership In The Modern West, Charles Wilkinson
Publications
No abstract provided.
Freedom Of The Press In Wartime, David A. Anderson
Freedom Of The Press In Wartime, David A. Anderson
University of Colorado Law Review
The Press Clause of the First Amendment should be understood to require the government to permit coverage of war. Up to now, the Supreme Court has ascribed little independent significance to the Press Clause. It has protected the press under the Speech Clause when possible, and denied press claims that would require reading the Press Clause as creating rights not guaranteed to all speakers. Logistical and security concerns, however, make it impossible to give all speakers the access necessary to cover war. In all wars, the military tries to suppress news coverage that might undermine public support for the war. …
Permissive Discrimination And The Decline Of Religion Clause Jurisprudence: The Wearing Out Of The Joints, Karl Schock
Permissive Discrimination And The Decline Of Religion Clause Jurisprudence: The Wearing Out Of The Joints, Karl Schock
University of Colorado Law Review
This article argues that modern Supreme Court decisions relating to the Establishment Clause and the Free Exercise Clause have caused both clauses to lose their constitutional force. Although the Court has long recognized a "play in the joints" between the clauses, it had previously resolved this problem exclusively in favor of the Establishment Clause through its well-established doctrine of permissive accommodation. However, the Court's recent decision in Locke v. Davey suggests that the Court is now willing to allow the overlap between the two clauses to pull in the opposite direction as well. This article explains that the Court's decision …
Double Jeopardy And Multiple Punishment: Cutting The Gordian Knot, Anne Bowen Poulin
Double Jeopardy And Multiple Punishment: Cutting The Gordian Knot, Anne Bowen Poulin
University of Colorado Law Review
Courts treat as axiomatic that the Double Jeopardy Clause protects against both multiple punishment and successive prosecution. Unfortunately, applying the same rules to both multiple punishment and successive prosecution undermines double jeopardy protection. Instead, protection from multiple punishment should not be treated as a double jeopardy problem. This Article examines how multiple punishment analysis became entangled with successive prosecution protection. After considering the foundation of the axiom that double jeopardy protects against multiple punishment, it concludes that the axiom must be rejected. Multiple punishment analysis should be disentangled from double jeopardy rules governing successive prosecution and double jeopardy should play …
Not Part Of The Game Plan: School District Liability For The Creation Of A Hostile Athletic Environment, Toni Wehman
Not Part Of The Game Plan: School District Liability For The Creation Of A Hostile Athletic Environment, Toni Wehman
University of Colorado Law Review
Title IX has played a crucial role in changing our nation's treatment of women in education, leading to awareness about the harms of sexual harassment on both female and male students. However, in one area, Title IX jurisprudence draws a line between protected students and students who are not protected from sexual harassment. That line is determined by whether the harassment facing the student is because of perceived sexual orientation or perceived failure to adhere to gender stereotypes. School athletics is an environment wrought with such harassment that can include gender insults, i.e. "you throw like a girl" or sexual …
Academic Freedom, Larry Alexander
Academic Freedom, Larry Alexander
University of Colorado Law Review
No abstract provided.
Adverse Possession And Conservation: Expanding Traditional Notions Of Use And Possession, Alexandra B. Klass
Adverse Possession And Conservation: Expanding Traditional Notions Of Use And Possession, Alexandra B. Klass
University of Colorado Law Review
At common law, very minimal actions were needed to establish the "exclusive possession " necessary to acquire land by adverse possession when the land was "wild" or undeveloped. This minimal burden to adversely possess wild lands, which is still the general rule today, stands in contrast to the much higher standard necessary to adversely possess developed lands. This article explores why the lesser standard for adverse possession of wild lands remains a threat to many of the millions of acres of land in this country that are still undeveloped. This article then proposes that courts modernize the adverse possession doctrine …
The Shrinking Scope Of Judicial Review In Norton V. Southern Utah Wilderness Alliance, Justin C. Konrad
The Shrinking Scope Of Judicial Review In Norton V. Southern Utah Wilderness Alliance, Justin C. Konrad
University of Colorado Law Review
In Norton v. Southern Utah Wilderness Alliance, the U.S. Supreme Court issued its first decision definitively construing § 706(1) of the Administrative Procedure Act ("APA"). This section ostensibly provides for review of agency action "unlawfully withheld or unreasonably delayed." However, the Court's opinion narrowly construed section 706(1) so as to allow review only for discrete agency actions that are legally required. As a result, the Court held that Bureau of Land Management compliance with a Federal Land Management and Policy Act ("FLPMA") provision mandating management of certain public lands so as to prevent impairment of their wilderness characteristics was not …
Love, Money, And Justice: Restitution Between Cohabitants, Emily Sherwin
Love, Money, And Justice: Restitution Between Cohabitants, Emily Sherwin
University of Colorado Law Review
The principle of unjust enrichment is susceptible to varying interpretations, which reflect importantly different conceptions of how courts should decide cases and develop law. The consequences of different possible interpretations of the unjust enrichment principle are nicely illustrated by a group of cases involving restitution claims between former cohabitants. Claims of this kind are endorsed by the new Restatement (Third) of Restitution and Unjust Enrichment (now in preparation). In recognizing these claims, the Restatement adopts an "equitable" interpretation of unjust enrichment for this category of cases, one that licenses courts to disregard rules and engage in particularistic decision-making. This is …