Law Commons^™

The Indelible Flaws Of Conviction Integrity Units, Sarah Gottlieb

University of Colorado Law Review

No abstract provided.

Aggregation At The Bottom, Seema Tahir Saifee

University of Colorado Law Review

No abstract provided.

Clerk, Unprotected: The Gendered Pipeline To Supreme Court Clerkships, Julia Gessert

University of Colorado Law Review

No abstract provided.

Silence For The Sake Of “Security”: Bop Regulations Stifle Incarcerated Journalism In Federal Prisons, Sydney Poppe

University of Colorado Law Review

No abstract provided.

Foreword, Rhodes Evans

University of Colorado Law Review

No abstract provided.

Table Of Contents, University Of Colorado Law Review

University of Colorado Law Review

No abstract provided.

Chaco Roads: Connecting Cultural Heritage And Environmental Justice, Vanessa Ann Racehorse

University of Colorado Law Review

No abstract provided.

Breakthrough Climate Constitutionalism?, Sam Bookman

University of Colorado Law Review

No abstract provided.

Clean Energy And Enclosure, Ann M. Eisenberg

University of Colorado Law Review

No abstract provided.

Renegotiating The Energy Transition, Hannah J. Wiseman, Jennifer Baka, Kaitlyn Spangler

University of Colorado Law Review

No abstract provided.

Unwell Water: Legal Silence, Private Wells, And Public Health In The Rural Americas, Shavonnie R. Carthens

University of Colorado Law Review

No abstract provided.

"The Reality Is, It All Came Back To Catch Us": Urban Population Increase And Water Conservation In The Arid West, Madison Dobson

University of Colorado Law Review

No abstract provided.

Foreword, Sydney Poppe

University of Colorado Law Review

No abstract provided.

Table Of Contents, University Of Colorado Law Review

University of Colorado Law Review

No abstract provided.

Foreword To The 2025 Ira C. Rothgerber Jr. Conference: Immigration & National Borders, Pratheepan Gulasekaram

University of Colorado Law Review

No abstract provided.

Borders And Belonging: Keynote Address At The 2025 Ira C. Rothgerber Jr. Conference On Immigration & National Borders, Hiroshi Motomura

University of Colorado Law Review

No abstract provided.

Constricted Legality: Daca Recipients, Belonging, And The Limits Of Immigration Law, Lisa M. Martinez

University of Colorado Law Review

No abstract provided.

Attachment Policies In Immigration Law, Stephen Lee

University of Colorado Law Review

No abstract provided.

The Crimmigrators, Juliet P. Stumpf

University of Colorado Law Review

No abstract provided.

Unbridled: Immigration And The Prerogative Presidency, Daniel Tichenor

University of Colorado Law Review

No abstract provided.

Ideology And Law In Tension: The Macedonian Socialist Model Of Secularism And Its Constitutional Legacy, Aleksandar Spasenovski

Occasional Papers on Religion in Eastern Europe

This article examines the constitutional and ideological foundations of church–state relations in socialist Macedonia (1945–1990), situating them within the broader framework of socialist Yugoslavia. It argues that the Macedonian model of secularism was shaped by a structural tension between Marxist atheism as an official ideological doctrine and formal constitutional guarantees of freedom of religion. While constitutional texts affirmed separation and religious liberty, statutory regulation and political practice constrained the public role of religion and marginalized religious communities within the socialist legal order.

By analyzing ideological premises, constitutional provisions, and legislative instruments, the article identifies the defining paradox of the Yugoslav …

The Canonical-Legal Status Of Autocephaly And Autonomy In The Context Of Pan-Orthodox Dialogue, Ivan Yovchev

Occasional Papers on Religion in Eastern Europe

Historical procedures for granting autonomy and autocephaly are not strictly standardized in canonical law and often rely on local traditions, agreements, and specific historical-political circumstances. This leads to a diversity of practices – from unilateral tomoses (decrees) of autocephaly issued by the mother church to decisions supported by a broader pan-Orthodox consensus. At the pan-Orthodox level, the question of how new autocephalous and autonomous churches are proclaimed has been under discussion since the Pan-Orthodox preparatory commissions of the 20th–21st centuries. Preparatory documents envisage the need for a pan-Orthodox agreement, with autocephaly to be granted through a tomos signed by the …

The Human Rights Argumentation Of The Uoc-Mp As A Strategy Of Institutional Self-Preservation Under Conditions Of Armed Aggression, Mariia Rudiuk, Valeriy Bulatov

Occasional Papers on Religion in Eastern Europe

The article examines the strategy of institutional self-preservation employed by the Ukrainian Orthodox Church of the Moscow Patriarchate (UOC-MP) under conditions of Russian armed aggression. The relevance of the topic is determined by the adoption of Law of Ukraine No. 3894-IX “On the Protection of the Constitutional Order in the Sphere of Activities of Religious Organizations,” aimed at limiting the influence of religious structures affiliated with the aggressor state. Particular attention is devoted to the ways in which the UOC-MP utilizes democratic legal mechanisms and European human rights rhetoric in order to delay or neutralize Ukraine’s national security measures. The …

How Equity Changes, Samuel L. Bray

Public Law and Legal Theory Working Papers

In Trump v. CASA, the Supreme Court decisively rejected universal injunctions and offered a major decision about the law of equity. This Article grapples with a central question raised by CASA: if equity is not static, then what counts as legitimate innovation? This Article argues (1) that equity, in order to perform its functions, must have the capacity to innovate; (2) that any innovation should be in keeping with those functions and with equity’s own principles; and (3) that the primary stewards of the law of equity are the courts, not Congress. The vulnerabilities of Grupo Mexicano on these points …

Valuing Future Lives, Daniel J. Hemel, Jonathan S. Masur

Public Law and Legal Theory Working Papers

Federal regulation often involves a tradeoff between monetary costs in the present and life-saving benefits in the future. A central question in regulatory cost-benefit analysis is how to assign a present dollar value to future lives so that future lives and present dollars can be compared. For regulations that are projected to prevent deaths years or decades down the road, agencies make two key analytical moves. First, they adjust the value of a statistical life upward to reflect the fact that society’s willingness to pay to save lives will rise as people become wealthier in the future. Second, they discount …

Lockstepping Structure, Darrell A.H. Miller

Public Law and Legal Theory Working Papers

The new judicial federalism is now entering its early middle age. As it has matured—moving from rights to structure—it has become more complicated in its application. For if one were to take arguments about state experimentation and interpretive flexibility to their logical conclusion, there is no reason state legislative, executive, and judicial powers should stay in lanes demarcated by federal constitutional law. Easily amended state constitutions and elected judges support theories of judicial function more akin to statewide legislative policymakers than passive judicial magistrates. Positive rights in state constitutions would seem to demand recalibration of the rules of standing and …

General Law Revivalism And The Problem Of 1938, Jack Landman Goldsmith, Curtis Bradley

Public Law and Legal Theory Working Papers

From the constitutional Founding until Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), federal courts routinely applied a body of “general law” to resolve a wide range of legal issues, including issues relating to commercial law, tort law, international law, conflict of laws, equity, and procedure. This general law regime became politically fraught and difficult to administer, and the Supreme Court repudiated it in Erie, declaring that “there is no federal general common law” and requiring the federal courts to ground all rules in either federal or state law. Erie and its progeny created what this Article terms the …

Cheap Violence: Weapons And The Law, Joseph Blocher, Darrell A. H. Miller

Public Law and Legal Theory Working Papers

A primary task of law is to control violence. Nearly every imaginable rule-of-law value depends on the success of that endeavor, and some of the most foundational works in legal and political theory begin with an effort to understand the relationship between law and violence. Many of those works were written during periods where the lines between law and violence were blurred, and current threats to the rule of law have sparked renewed interest in the structural interactions between law, violence, and the state.

Missing from this discussion has been a comparably deep analysis of the relationship between law and …

What Is Oral Argument In The Supreme Court For?, Lee Epstein, Eric A. Posner

Public Law and Legal Theory Working Papers

No abstract provided.

Administrative Self-Constitutionalism, Brian Lipshutz

Public Law and Legal Theory Working Papers

Since the days of the Interstate Commerce Commission, federal agencies have generally refused to address the constitutionality of statutory provisions. They have offered little reasoning to justify that refusal, yet scholars have generally accepted it. This Article explains why agencies can—and should—address constitutional challenges to statutory provisions.

Agencies have the power to assess the constitutionality of statutory provisions. They already exercise a similar authority when they apply the canon of constitutional avoidance and consider the constitutionality of individual actions. There is no basis for stopping short of addressing challenges to statutes. And many scholars have recognized that, as a formal …