Citizenship Delayed: Civil Rights and Voting Rights Implications of the Backlog in Citizenship and Naturalization Applications

Colorado State Advisory Committee to the U.S. Commission on Civil Rights

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State Advisory Committees to the U.S. Commission on Civil Rights

By law, the U.S. Commission on Civil Rights has established an advisory committee in each of the 50 states and the District of Columbia. The committees are composed of state citizens who serve without compensation. The committees advise the Commission of civil rights issues in their states that are within the Commission’s jurisdiction. More specifically, they are authorized to advise the Commission in writing of any knowledge or information they have of any alleged deprivation of voting rights and alleged discrimination based on race, color, religion, sex, age, disability, national origin, or in the administration of justice; advise the Commission on matters of their state’s concern in the preparation of Commission reports to the President and the Congress; receive reports, suggestions, and recommendations from individuals, public officials, and representatives of public and private organizations to committee inquiries; forward advice and recommendations to the Commission, as requested; and observe any open hearing or conference conducted by the Commission in their states.

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Banning Facebook: Sex Offenders, Probation, and Social Media Under Colorado Law

Marty E. Whalen Brown*

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Colorado judges have substantial discretion to determine the terms of probation for each offender. Trial courts, however, frequently rely on standard terms and conditions for quicker sentencing, and these forms include a general prohibition against internet access for sex offenders. The Supreme Court recently considered the constitutionality of a ban on social media use by sex offenders in the case Packingham v. North Carolina. This Comment considers whether Colorado’s pro­bation practices are constitutional given the Court’s holdings in Packingham.

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Not Just Air Pollution: How the Clean Air Act Can Fix Zoning, Transportation, and Affordable Housing

Nicholas D. Monck*

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The Clean Air Act of 1970 produced a revolution in envi­ronmental law. From its unique approach to federalism to its technology forcing provisions, it remains an innovative statute to this day. In light of the growing threat posed by climate change, federal administrators have worked to adapt its text to deal with greenhouse gasses and carbon emissions. Global warming, though, is not the only context in which the Clean Air Act (CAA) can be used in ways not originally intended. Although not meant as an urban planning law, the CAA’s Trans­portation Control Plans (TCPs) offer an opportunity to promote smarter growth and sustainable cities on a national scale.

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Captive Callers: How Regulators Can Address Paradoxical Pricing in the ICS Industry After GLOBAL*TEL LINK

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Taggart R. Mosholder*

In my 16 years as a regulator, this is the clearest, most egregious case of market failure I have seen. Instead of getting better, rates and fees for consumers are more onerous. Thus, it is imperative for us to move quickly to adopt an Order for total reform.
— Former FCC Commissioner Mignon Clyburn

I. Introduction

Inmate Communication Services (ICS) are telephone services provided to correctional facilities in the United States for use by inmates. In 2013, the Federal Communications Commission (FCC) set per-minute rate caps on interstate phone rates for ICS nationwide. Whether the FCC had this authority was not seriously in dispute. But in 2015, the FCC issued another order (the “2015 Order”) that was a vast, if not unprecedented, expansion of its previously asserted authority. Continue reading “Captive Callers: How Regulators Can Address Paradoxical Pricing in the ICS Industry After GLOBAL*TEL LINK”

Born This Way: Transgender Student Access to School Bathrooms

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Madison Shaner*

Introduction

Nicole Maines was born Wyatt Maines, and from a young age she knew that she was different from her twin brother; she knew that she was a girl despite the fact that she was born in a male body. With the support of her family, Nicole was able to grow up openly transgender. She went through a gradual transition process in elementary school, and, initially, her school was supportive, including allowing her to use the girls’ bathroom. However, another student’s grandparents found out about Nicole and they began making complaints to the school, and that student began to follow and harass Nicole. The school then told Nicole and her family that she could not use the girls’ bathroom anymore; she either needed to use the boys’ bathroom or the bathroom in the nurse’s office. Nicole felt trapped; she couldn’t use the bathroom consistent with her gender identity. Nicole’s family later sued the school, and in 2014, the Supreme Court of Maine ruled that Nicole’s rights had been violated. Continue reading “Born This Way: Transgender Student Access to School Bathrooms”

NonConsensual Pornography: Prevention is Key

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Matthew Edward Carey*

Introduction

Adults today are sharing intimate content with each other at a rate never before seen: nearly half have used their mobile device to share or receive “intimate content,” 16 percent have sent intimate content to a complete stranger, and 14 percent have filmed “sexual content” on their mobile devices. In the United States, one in three adults has filmed sexual content on a mobile device, and teenagers film and share sexual content at an even higher rate. But what happens to this content after it has been willingly shared? These consensually shared images are frequently used by their recipients in the manner intended by the sender, but oftentimes the images are further shared by the recipients without the sender’s permission in what has come to be known as “revenge pornography” or nonconsensual pornography (NCP). While NCP has rapidly grown from an emergent genre into a major national concern, the legal framework in the United States has yet to see an approach that adequately protects NCP victims. Continue reading “NonConsensual Pornography: Prevention is Key”

Why You Should Be Unsettled by the Biggest Automotive Settlement in History

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Sarah Dadush*

Introduction

In September 2015, the world learned that Volkswagen (VW) had rigged millions of its “clean diesel” vehicles with illegal software designed to cheat emissions tests. Tests carried out with the cheat device indicated that the cars were as clean as advertised; however, tests carried out without the cheat device revealed that the cars in fact emitted up to forty times the legal limit of polluting nitrogen oxides. The fraud, which some have taken to calling “Dieselgate,” lasted for over seven years. When affected owners learned that their cars were much more toxic than advertised, what were they upset about? Was it that their cars were now worth fewer dollars, or was it that they had been deceived into being bad global citizens when they thought they were being good? Continue reading “Why You Should Be Unsettled by the Biggest Automotive Settlement in History”

More Collaboration, Less Litigation: Analyzing Craft Beer Within Intellectual Property’s Negative Space

Gabrielle L. Palanca*

 

Once upon a time, two brewers, despite working for competing craft breweries, were good friends.[2] This friendship led to the realization that each brewery had a beer named “Salvation” in its lineup.[3] Being friends, perhaps it is not surprising that neither brewer, nor their respective breweries, pursued legal action in order to determine which brewery was legally entitled to the “Salvation” trademark and, in turn, which brewery should cease to use the name.[4] What may be surprising, however, is that beyond resolving the dispute amicably, the two breweries swapped their “Salvation” beer recipes with one another, and then collaborated in creating “an even more complex and rich libation” that merged the best qualities of each beer.[5] Two years later, this exchange among friendly brewers resulted in a new beer for distribution, amusingly named “Collaboration, not Litigation” ale.[6] Continue reading “More Collaboration, Less Litigation: Analyzing Craft Beer Within Intellectual Property’s Negative Space”