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Articles 1 - 7 of 7

Full-Text Articles in Law

Book Review, Richard B. Collins Jan 2009

Book Review, Richard B. Collins

Publications

No abstract provided.


Researching Colorado Local Government Law, Robert M. Linz Jan 2009

Researching Colorado Local Government Law, Robert M. Linz

Publications

No abstract provided.


Telluride's Tale Of Eminent Domain, Home Rule, And Retroactivity, Richard B. Collins Jan 2009

Telluride's Tale Of Eminent Domain, Home Rule, And Retroactivity, Richard B. Collins

Publications

Telluride, Colorado, won an eminent domain battle with San Diego billionaire Neal Blue, but only after paying his price and his attorney's fees. The town passed a condemnation ordinance by popular initiative to take 572 acres adjacent to the town. The landowner obtained a state statute intended to forbid the town's action. The trial judge held the statute invalid under Colorado's constitutional home rule amendment. Town officials negotiated a compromise with the landowner, but its voters rejected it. The valuation trial was moved to a neighboring county much more favorable to the landowner, and the jury gave him his full …


The Expanding Use Of The Res Gestae Doctrine, H. Patrick Furman, Ann England Jan 2009

The Expanding Use Of The Res Gestae Doctrine, H. Patrick Furman, Ann England

Publications

This article provides a brief history of the doctrine of res gestae and an analysis of its current usage in both Colorado state and federal courts.


The Diverging Meaning Of Good Faith, Mark J. Loewenstein Jan 2009

The Diverging Meaning Of Good Faith, Mark J. Loewenstein

Publications

This article explores the meaning of "good faith" in the context of corporations and unincorporated entities. The courts, particularly in Delaware, have developed two different approaches. In the corporate arena, the courts are fashioning a notion of good faith that seems to require an examination of director motivations. In the unincorporated arena, good faith has a meaning grounded in contract law. These are two different concepts and reflect the fundamental differences between corporations and unincorporated entities, with the former based on fiduciary duties and the latter on contract. There are, however, indications that this "divergence" is starting to disappear, and …


The Traveling Librarian: Extending Library Services To A Statewide Judiciary, Robert M. Linz Jan 2009

The Traveling Librarian: Extending Library Services To A Statewide Judiciary, Robert M. Linz

Publications

When patrons can't come to the library, sometimes the librarian must go to the patrons. That is exactly what happened this past year in the state of Colorado.


The Subprime Crisis And The Link Between Consumer Financial Protection And Systemic Risk, Erik F. Gerding Jan 2009

The Subprime Crisis And The Link Between Consumer Financial Protection And Systemic Risk, Erik F. Gerding

Publications

This Article argues that the current global financial crisis, which was first called the “subprime crisis,” demonstrates the need to revisit the division between financial regulations designed to protect consumers from excessively risky loans and safety-and-soundness regulations intended to protect financial markets from the collapse of financial institutions. Consumer financial protection can, and must, serve a role not only in protecting individuals from excessive risk, but also in protecting markets from systemic risk. Economic studies indicate it is not merely high rates of defaults on consumer loans, but also unpredictable and highly correlated defaults that create risks for both lenders …