Law Commons^™

Money Matters: Why The Ada's Undue Hardship Framework Could Save Casey And Legal Abortion In America, Brooke M. Garrett

University of Colorado Law Review

Since Roe v. Wade, the Supreme Court has upheld a woman's right to choose previability abortion on several occasions. Planned Parenthood of Southeastern Pennsylvania v. Casey was one such case that grew out of the Court's abortion jurisprudence and changed the way states regulated abortion. However, Casey's decision is fraught with ambiguities that have facilitated legislative overreach, judicial abuse, and inconsistent interpretation and application of the constitutional standard. In some states, legislatures have regulated a woman's right to choose to such an extent that it is a practical impossibility. Recently, the Supreme Court struck down Texas's House Bill 2-a highly …

Chilling Rights, Toni M. Massaro

University of Colorado Law Review

A persistent trope in free speech doctrine is that overbroad laws chill protected expression and compromise the breathing room needed for a vibrant marketplace of ideas. The conventional restrictions on facial challenges of measures that sweep beyond legitimate regulatory zones are relaxed. Whether and to what extent this liberal approach to judicial review actually governs in free speech law and not elsewhere, and whether this is constitutionally or normatively defensible, have been the subject of considerable and exceptionally insightful scholarship. Yet the United States Supreme Court has given the best of this work slight notice.

This Article proposes a new …

Clean Electrification, Shelley Welton

University of Colorado Law Review

To combat climate change, many leading states have adopted the aim of creating a "participatory"g rid. In this new model, electricity is priced based on time of consumption and carbon content, and consumers are encouraged to adjust their behavior and adopt new technologies to maintain affordable electricity. Although a more participatory grid is an important component of lowering greenhouse gas emissions, it also raises a new problem of clean energy justice: utilities and consumer advocates claim that such policies unjustly benefit the rich at the expense of the poor, given the type of consumer best able to participate in the …

The Supreme Court As Public Educator?, Frederick Schauer

University of Colorado Law Review

No abstract provided.

Judges' Varied Views On Textualism: The Roberts-Alito Schism And The Similar District Judge Divergence That Undercuts The Widely Assumed Textualism-Ideology Correlation, Scott A. Moss

University of Colorado Law Review

No abstract provided.

Rationing Justice: The Need For Appointed Counsel In Removal Proceedings Of Unaccompanied Immigrant Children, Wesley C. Brockway

University of Colorado Law Review

No abstract provided.

To Catch A Catfish: A Statutory Solution For Victims Of Online Impersonation, Colleen M. Koch

University of Colorado Law Review

Though popular MTV reality show Catfish makes online impersonation seem like a lighthearted and incredible harm, it is actually an undesirable cyber behavior that carries potentially serious consequences. Despite the seriousness of the problem, social networking sites have few incentives to stop the problem, largely due to the broad immunity they are granted by Section 230 of the Communications Decency Act, which holds them entirely immune for the content posted by users of their sites. Moreover, few state statutes currently exist to address the problem, and those that do are largely ineffective. While civil liability could be a solution to …

A Conversation With Associate Justice Sonya Sotomayor, Sonia Sotomayor

University of Colorado Law Review

No abstract provided.

Wisdom And Reason In Law, Steven D. Smith

University of Colorado Law Review

No abstract provided.

Bob Nagel And The Emptiness Of Supreme Court Standards Of Review, Larry Alexander

University of Colorado Law Review

No abstract provided.

Reflections On Unrestrained: Law Professors, The Legal Academy, And The Rule Of Law In The Early Twenty-First Century, Stephen B. Presser

University of Colorado Law Review

No abstract provided.

Is Legal Scholarship Worth Its Cost?, Paul Campos

University of Colorado Law Review

No abstract provided.

Colorado's About Face: Mechanics, Progress, And Challenges Facing Veterans Trauma Courts In Colorado, Karthik A. Venkatraj

University of Colorado Law Review

The nature of asymmetrical warfare-defined by improvised explosive devices, indirect fire attacks, and suicide attackshas significantly altered the patterns of post-service challenges faced by veterans. Dealing with the unseen wounds of post-traumatic stress disorder (PTSD) and traumatic brain injury (TBI) that result from this type of combat has been one of the most difficult leadership challenges of my career as a young officer.

Although our nation's medical response to PTSD and TBI is well documented, the judicial challenges are not as apparent. Most recently, our nation has responded to this challenge with an alternative court, the Veterans Trauma Court (VTC), …

The Colorado River Revisited, Jason Anthony Robison

University of Colorado Law Review

Fifty years ago, former Stanford Law School Dean Charles Meyers published The Colorado River, 19 STAN. L. REV. 1 (1966), arguably the most famous piece of legal scholarship ever written on this vital water source and the complex body of laws governing its flows-colloquially, the "Law of the River." That piece and a companion, The Colorado River: The Treaty with Mexico, 19 STAN. L. REV. 367 (1967), offered seminal accounts of the legal histories, doctrinal features, and unresolved perplexities of the Law of the River's international and interstate allocation framework. Five decades later, between thirty-five and forty million U.S. residents …

Pride And Prejudice And Administrative Zombies: How Economic Woes, Outdated Environmental Regulations, And State Exceptionalism Failed Flint, Michigan, Brie D. Sherwin

University of Colorado Law Review

It was just over forty years ago, shortly before the Safe Drinking Water Act was passed, that a group of mothers in the small, sleepy town of Woburn, Massachusetts realized there just may have been a connection between their children's leukemia and the town's water supply. They withstood the terrible smell and masked the water's rancid flavor with orange juice. For months they inquired, complained, and assembled in hopes that someone in a position of authority would notice what was so obvious to them. And for months they were dismissed and even ridiculed. Turns out they were right. It took …

Maxwell, Lewis V. Clarke, And The Trail Around Tribal Sovereign Immunity, Allison Hester

University of Colorado Law Review

Tribal sovereign immunity is an important tool available to American Indian tribes as they have rebuilt, restructured, and rejuvenated their communities in the era of Self- Determination following centuries of colonialism, land grabs, and cultural genocide. Sovereign immunity protects tribes by establishing a barrier to both trampling of tribal sovereignty through non-tribal courts and costly adverse judgments. Recent precedent from the Ninth Circuit has weakened tribal sovereign immunity. Maxwell v. County of San Diego, pivoting from previous decisions, held that tribal employees can be sued individually for money damages for actions taken in the course and scope of their employmentas …

Digging Up The Dirt: China's Exploitation Of Transgenic Seed Approvals, Lucas A. Westerman

University of Colorado Law Review

In 2013, China rejected shipments of U.S. corn imports due to the presence of an unapproved transgenic trait, creating an international trade disruption that sent ripples throughout the U.S. agriculture industry and grain markets. Syngenta, the seed company that began selling the trait to U.S. farmers prior to receiving China's import approval, largely shouldered the blame. U.S. farmers held Syngenta singularly liable and initiated a class action in an attempt to force Syngenta to pay for the drop in grain prices due to the disruption. The highly publicized domestic legal dispute left China's opportunistic actions largely unnoticed. The time has …

Save Some For The Fishes: Analyzing The St. Jude's Co. Decision And What It Means For Beneficial Use In Colorado, John Sittler

University of Colorado Law Review

No abstract provided.

Fighting Fines & Fees: Borrowing From Consumer Law To Combat Criminal Justice Debt Abuses, Neil L. Sobol

University of Colorado Law Review

Although media and academic sources often describe mass incarceration as the primary challenge facing the American criminal justice system, the imposition of criminal justice debt may be a more pervasive problem. On March 14, 2016, the Department of Justice (DOJ) requested that state chief justices forward a letter to all judges in their jurisdictions describing the constitutional violations associated with the illegal assessment and enforcement of fines and fees. The DOJ's concerns include the incarceration of indigent individuals without determining whether the failure to pay is willful and the use of bail practices that result in impoverished defendants remaining in …

Supercharged Ipo's And The Up-C, Gladriel Shobe

University of Colorado Law Review

The "supercharged IPO," a new and increasingly popular financial transaction, has fundamentally changed the nature of IPOs for many companies. Traditionally, an IPO was a tax nonevent for the company and the owners, meaning it created no tax liability for either. Through creative but questionable tax planning, companies have found a way to do better than this by effectively generating a negative tax liability for the company and its owners. These transactions have received substantial attention from practicing lawyers, investment bankers, and journalists, and even briefly caught the attention of Congress, yet they have attracted surprisingly little scrutiny from scholars. …

The Law Review Article, Pierre Schlag

University of Colorado Law Review

What is a law review article? Does America know? How might we help America in this regard? Here, we approach the first question on the bias: As we have found, a growing body of learning and empirical evidence shows that genres are not merely forms, but forms that anticipate their substance. In this Article, then, we try to capture this action by undertaking the first and only comprehensive “performative study” of the genre of the law review article.

Drawing upon methodological advances and new learning far beyond anything thought previously possible, we investigate “the law review article” qua genre. What …

The Law And Policy Of People Analytics, Matthew T. Bodie, Miriam A. Cherry, Marcia L. Mccormick, Jintong Tang

University of Colorado Law Review

No abstract provided.

Bail Reform In Colorado: A Presumption Of Release, Joshua J. Luna

University of Colorado Law Review

Interest in bail reform has ebbed and flowed in the United States since the 1960s. Recently, a condemning look at bail administration and pretrial detention across various jurisdictions has pushed bail reform to the policy forefront at both the national and state levels. In 2013, Colorado's General Assembly reformed its bail statute to decrease reliance on monetary bail and promote pretrial services programs in an attempt to prevent unnecessary pretrial detention of low-income defendants who present low risks for flight and threat to community safety. This reform was a much-needed step in the right direction. But the new bail statute …

Disparate Impact And Mortgage Lending: A Beginner's Guide, Alex Gano

University of Colorado Law Review

In the aftermath of the Great Recession, the federal government began to enforce fair lending laws with a vigor previously unseen. To hold lenders accountable for the racially discriminatory effects of their mortgage lending practices, federal prosecutors and financial regulators applied the theory of disparate impact to fair lending laws for the first time.

Unclear, however, is what legal standards exist to evaluate allegations of discriminatory effects in this industry. No court has ever decided a fair lending case under a theory of disparate impact on its merits. That will likely change soon as major municipalities are pushing the boundaries …

With Great Power Comes No Responsibility: The Tragedy And The Irony Of Erisa Preemption, Jessica Frenkel

University of Colorado Law Review

Under the current health care financing regime, managed care organizations have significant power to determine patients' care but no legal responsibility when they use that power to pursue profits and harm patients. Managed care organizations are shielded from liability because the Employee Retirement Income Security Act of 1974 (ERISA) preempts state causes of action and does not provide a comparable remedy. This Comment attempts to restart a conversation about the dangers of allowing managed care organizations to retain significant power over patient care without any risk of liability of an especially vulnerable subgroup of patients: the severely mentally ill. It …