Law Commons^™

Assuming Accent: Recognizing The Intersection Of Race And National Origin In Title Vii Discrimination, Eun Hee Han

University of Colorado Law Review

No abstract provided.

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.

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.

Open Secrets, Robin C. Feldman, Vaughn Goehrig

Faculty Scholarship

Patents and trade secrets were never intended to meet, but in the world of biologic drugs, they've become as thick as thieves. Patent law's disclosure requirement has demanded far too little of biologics manufacturers-allowing them to keep vital manufacturing details under trade secret lock and key. This intellectual property patchwork has been devastating for drug affordability: Because the most critical manufacturing information remains hidden, makers of follow-on biologics (called biosimilars) are often stuck reinventing the wheel, even after the original patents have expired.

This Article makes two principal contributions to illuminating this problem. First, it presents, for the first time …

Public Functions And Private Resources, Zachary S. Price

Faculty Scholarship

At the federal level, the boundary between public and private functions is under pressure. On top of longstanding trends toward privatizing government functions and running agencies like businesses, the second Trump administration has sought to enlist private resources more broadly for performing public functions. This Article for the Washington University Law Review’s symposium on “Taxing, Spending, and the Constitution” outlines constitutional principles for assessing such actions. Building on prior work, it explains that presidents may seek outside assistance in exercising “resource-independent” powers, meaning powers like the veto and pardon authorities that do not depend on congressionally authorized resources in …

Medical Device Dangers: Choosing Ignorance In The Courts And At The Fda, George Horvath

Faculty Scholarship

Medical devices save lives and improve well-being but have caused as many as 83,000 deaths and 1.7 million injuries in a recent decade. Decisions of critical importance—patients’ decisions whether to have a device implanted, doctors’ decisions about which device to use, insurers’ decisions whether to reimburse for those devices—depend on information about risk that is provided by manufacturers. But producing this information is costly. Injured patients, through private lawsuits under state products liability theories, can incentivize device manufacturers to incur these costs and to produce and disclose information about device risk. Unfortunately, courts are making it increasingly unlikely that this …

A Deal's A Deal: The Obvious Problem In Patent Law, Robin C. Feldman, Gideon Schor

Faculty Scholarship

Critics and industry alike agree that something is amiss in the market for medicines: Drug prices continue to rise, while various players point fingers, attributing the problem to different systemic inefficiencies. At the heart of this problem, however, lies the patent system, which provides the power that drives many of the strategic behaviors discussed in the literature.

A Deal’s a Deal suggests that a key element of patent law — obviousness doctrine — has been overlooked in the search for causes and solutions of the many distortions in pharmaceutical markets. This uniquely comprehensive Article examines obviousness doctrine from numerous angles: …

The Past And Future Of Employment Arbitration At The Federal Arbitration Act’S Centennial, Imre Stephen Szalai

Elisabeth Haub School of Law Faculty Publications

This Article begins with an overview of the FAA's origins, century-long trajectory, and transformation. Next, looking ahead, the Article discusses the future of employment arbitration. In particular, the analysis will center on two significant exemptions from the FAA, the transportation worker exemption found in the original text of the FAA and the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2022. Unfortunately, there have been conflicting judicial decisions interpreting the scope of these exemptions, and these court decisions reveal the tension inherent in a statute originally designed for speed and simplicity and to address a narrow category …

Ideology And Judicial Behavior: How United States Supreme Court Justices’ Beliefs Influence Landmark Decisions, Marina Nichols

Williams Honors College, Honors Research Projects

The United States Supreme Court plays a central role in shaping constitutional meaning and national policy through its landmark decisions. While justices are expected to decide cases based on legal reasoning and precedent, extensive scholarship suggests that ideological beliefs influence judicial behavior. This honors project examines how United States Supreme Court justices’ ideological beliefs influence landmark constitutional decisions through a critical review of existing scholarship. This project synthesizes political science and legal research on judicial ideology to assess how ideological orientations shape decision making across the Warren, Burger, Rehnquist, and Roberts Courts. By integrating qualitative analyses of landmark cases with …

Implementing Climate Remedies, Camila Bustos

Elisabeth Haub School of Law Faculty Publications

Climate change litigation has emerged as a powerful tool for addressing the climate crisis, particularly in the face of executive and legislative inaction. Across jurisdictions, courts have issued landmark decisions mandating stronger mitigation targets and recognizing rights-based claims against governments and corporations. While recent scholarship has examined the trends, legal theories, and broader effects of this relatively new phenomenon, it has primarily focused on bringing and winning legal challenges. Less attention has been paid to a crucial phase: the implementation and enforcement of judicial rulings. A deeper understanding of how climate remedies are implemented can provide valuable insights for climate …

Fluid Agency In Ai Systems: A Case For Functional Equivalence In Copyright, Patent, And Tort, Anirban Mukherjee, Hannah H. Chang

Research Collection Lee Kong Chian School Of Business

Modern Artificial Intelligence (AI) systems exhibit fluid agency in multi-step workflows: lacking human-like consciousness or culpability, yet they display behavior that is (i) stochastic (probabilistic and path‑dependent), (ii) dynamic (co‑evolving with user interaction), and (iii) adaptive (able to reorient across contexts). These properties generate valuable outputs but collapse attribution, irreducibly entangling human and machine inputs. Doctrines that assume traceable provenance—authorship, inventorship, and liability—fracture under this unmappability, yielding ownership gaps and moral “crumple zones.”This Article argues that only functional equivalence stabilizes doctrine under unmappability: Where provenance is indeterminate, legal frameworks should treat human and AI contributions as equivalent for allocating rights …