Home

Print Media


Environmental Citizen Suits and the Inequities of Races to the Top March 18, 2021 by David E. Adelman & Jori Reilly-Diakun Issue 2, Printed, Volume 92 - Environmental citizen suits were founded on the belief that empowering organizations and individuals to take legal action would provide a backstop against lax federal or state programs. Working in conjunction with the system of cooperative federalism, citizen suits were designed to uphold minimum levels of environmental protection and to provide a restraint on so called “races to the bottom” in which states compete for economic development by relaxing environmental standards. To our knowledge, no one has considered whether the geographic distribution of citizen suits could… {read more...}
Outsourced Emissions: Why Local Governments Should Track and Measure Consumption-Based Greenhouse Gases March 18, 2021 by Jonathan Rosenbloom Issue 2, Printed, Volume 92 - While many local governments track greenhouse gas (“GHG”) emissions, almost all of them exclude most GHGs associated with consumption. These consumption-based emissions stem from the lifecycle production, pre-purchase transportation, sale, and disposal of goods, food, and services produced outside of a local jurisdiction but consumed inside the jurisdiction. Based on the limited data measuring extraterritorial emissions, these consumption-based emissions amount to more than half—and in some places more than three-fourths—of GHG emissions directly connected to local consumption patterns and behaviors. This Article argues that local… {read more...}
International Water Law and Fresh Water Dispute Resolution: A Cosean Perspective March 18, 2021 by Tamar Meshel and Moin A. Yahya Issue 2, Printed, Volume 92 - International Water Law has developed a set of rules for resolving interstate fresh water disputes that govern both the substance of these disputes and the conduct of the disputing states. “Equitable and reasonable utilization” is commonly considered as the leading substantive rule, “no significant harm” as subsidiary to it, and the “duty to cooperate” as the central procedural rule. The purpose of this Article is to analyze the merits of these substantive and procedural rules under the lens of the celebrated Coase theorem. The “normative”… {read more...}
Communities of Interest in Colorado Redistricting March 18, 2021 by David Willner Issue 2, Printed, Volume 92 - Every ten years, states redraw their congressional district boundaries following the results of the U.S. Census. This important process determines the boundaries of districts that will be represented in Congress. As a result, district boundaries selected through the redistricting process can directly impact future congressional elections and the subsequent representation of citizens’ concerns in Congress. If districts are drawn to favor one political party over another, certain sections of the population may see their political power diminished and thus be less fairly represented in Congress.… {read more...}
Expanding the Administrative Record: Using Pretext To Show “Bad Faith or Improper Behavior” March 18, 2021 by Laura Boyer Issue 2, Printed, Volume 92 - Within the first year of Donald Trump’s presidency, his Administration repealed, withdrew, or modified hundreds of regulations and agency decisions.[1] Although these rollbacks encompassed a wide array of administrative actions across a variety of regulatory fields,[2] the most significant and concentrated effort from the Trump Administration focused on destroying Obama-era environmental regulations.[3] President Trump himself promised to get “rid of [the Environmental Protection Agency] in every form,”[4] and his Administration attacked climate change policies by eliminating greenhouse gas (GHG) regulations that bound the nation’s biggest… {read more...}
Food Allergy Bullying as Disability Harassment: Holding Schools Accountable February 1, 2021 by D’Andra Millsap Shu Issue 1, Printed, Volume 92 - Millions of American schoolchildren of all ages suffer from food allergies, and increasingly, bullies target these children because of their allergies. If a bully exposes a victim to an allergen, food allergy bullying can sicken or kill within minutes. Food allergy bullying is already responsible for many hospitalizations and at least one death. Most food allergy bullying happens at school, and schools play a crucial part in addressing and preventing bullying. All too often, though, schools fail to take appropriate action. Sovereign immunity and other… {read more...}
The Discriminatory Executive and the Rule of Law February 1, 2021 by Maryam Jamshidi Issue 1, Printed, Volume 92 - Today, the executive enjoys unprecedented power, particularly in the area of national security. By and large, this authority is not meaningfully restrained by Congress or the courts. However, some scholars argue that the presidency is still kept in check by the rule of law and politics. According to this view, substantive and procedural laws and internal executive branch rules combine with political efforts by the public, like voting, to hold the President accountable. This Article challenges this view. It argues that the rule of law… {read more...}
Whole Designs February 1, 2021 by Sarah Burstein Issue 1, Printed, Volume 92 - ­­In the past decade, there has been a renewed interest in the concept of patentable subject matter—that is, what kinds of things can you get a patent for? But this attention has, to date, been focused on utility patents, the patents that protect how things work. There has been scant attention paid to statutory subject matter and design patents, the patents that protect how things look. These patents have gained prominence in both practice and scholarship since the $1 billion verdict in Apple v. Samsung.… {read more...}
A Pound of Flesh: How Medical Copayments in Prison Cost Inmates Their Health and Set Them Up for Reoffense February 1, 2021 by Rachael Wiggins Issue 1, Printed, Volume 92 - “[T]hey had come to regard insolvency as the normal state of mankind, and the payment of debts as a disease that occasionally broke out.”[2] Brad seldom talks about the time he spent in prison.[3] Even while he was incarcerated, he generally steered our email and telephone conversations to topics in my life and the outside world—how my high school volleyball season was going, where I wanted to go to college, or how the Packers’ season was shaping up. Since being out of prison, my brother… {read more...}
When the Cat’s Away: Techlash, Loot Boxes, and Regulating “Dark Patterns” in the Video Game Industry’s Monetization Strategies February 1, 2021 by Scott Goodstein Issue 1, Printed, Volume 92 - “There are some aspects of this business model that make it so—you’re not making games to be fun anymore. . . . [H]ere’s the stuff that addicts players, that makes people come back. You’re implementing these strategies to hook people, but they’re not necessarily having fun with your game anymore. They’re compelled to play because they need to increase their level or feel like they’re making some other kind of progression.”[2] PDF: Goodstein,[1] When the Cat's Away Introduction “How do you sustain a business model in which users don’t… {read more...}

Digital Media


Access to Justice for Immigrants: A Lecture Presented in Memory of Breanna Boss May 10, 2021 by Ingrid Eagly Digital - Ingrid Eagly,[1] Address to Colorado Law School on Monday, February 22, 2021 at 5:00-6:30 p.m.   The topic of today’s lecture, which was selected in Breanna Boss’s memory, is access to justice for immigrants. We gather here today at the start of a new presidential administration, but following four years that have significantly threatened access to justice for immigrants. Under President Donald Trump, a series of executive orders fundamentally restructured the immigration system and made all undocumented immigrants a priority for deportation.[2] Meanwhile, growing backlogs… {read more...}
Unclear and Unestablished: Exploring the Supreme Court/Tenth Circuit Disconnect in Qualified Immunity Jurisprudence April 17, 2021 by Josiah Cohen Digital - Since the founding, Americans have sought a perfectly calibrated government that vigorously protects, but never violates, citizens’ individual rights.[2] To accomplish this, government must balance orderly security and individual liberty. This liberty-or-security dilemma is significant to the study of the United States Constitution. Since at least the 1960s, the Supreme Court has repeatedly confronted this dilemma in the context of police use-of-force cases.[3] In these cases, the Supreme Court routinely grants summary judgment to police officers based on qualified immunity, thereby denying relief to aggrieved… {read more...}
Telehealth and Telework Accessibility in a Pandemic-Induced Virtual World November 9, 2020 by Blake E. Reid, Christian Vogler, and Zainab Alkebsi Digital - During the spring of 2020, the COVID-19 crisis began to unfold in the U.S. Legal scholars exploring the impact of the pandemic on people with disabilities focused much of their attention on triage protocols. These scholars debated the legality and ethics of using patient disability as a basis for rationing ventilators in the face of then-looming ventilator shortages at hospitals.[2] At least initially, stay-at-home orders across the country were successful in “flattening the curve” and reducing the demand for ventilators.[3] However, the pandemic’s widespread disruption… {read more...}
Democracy and the Fourth Seat: Kagan’s Jurisprudence, Stevens’s Legacy October 25, 2020 by Lauren DiMartino Digital - On October 22, 2019, Justice Elena Kagan sat down with Professor Suzette Malveaux, director of the Byron White Center for the Study of Constitutional Law, for the Eighth Annual John Paul Stevens Lecture. (Text of the full lecture can be found here.) What made Justice Kagan’s visit to Colorado Law particularly special was the opportunity for her to honor her predecessor on the bench—the namesake of the lecture series—only three months after the country lost him at the age of ninety-nine. In 2011, Justice John… {read more...}
Project Protect Food Systems’ Colorado Coronavirus Crisis Essential Food System Worker Policy Response Agenda August 20, 2020 by Alexia Brunet Marks, Hunter Knapp, Nicole Civita Digital - PROJECT PROTECT FOOD SYSTEMS: The Colorado Food System Workers Rapid Response Team is composed of immigrants, farmers, scholars, activists, unions, and workers across Colorado working to identify, elevate and address the needs of the people who contribute their labor to all parts of the food system. Federal relief directed toward the agriculture sector prioritized the needs of business owners, but largely ignored the specific vulnerabilities and needs of Food System Workers. Inattention to the plight and the health of food system workers is unsurprising but… {read more...}
Criminal Law in Crisis August 16, 2020 by Benjamin Levin Digital - On April 5, 2020, Michael Tyson, a 53-year old man arrested for a technical parole-violation, became the first reported person on Rikers Island to die from COVID-19.[2] By April 20, over two-thirds of the people incarcerated in Ohio’s Mario Correctional Institution had tested positive for the novel coronavirus, and over twenty percent of Ohio’s 12,919 confirmed cases had been traced to the state’s prison system.[3] By April 30, prisons or jails had been identified as the source of eight out of ten of largest viral… {read more...}
Implementing the United Nations Declaration on the Rights of Indigenous Peoples in the United States: A Call to Action for Inspired Advocacy in Indian Country. March 6, 2020 by Kristen Carpenter, Edyael Casaperalta, and Danielle Lazore-Thompson Digital - In 2007, following decades of advocacy by indigenous peoples, the United Nations General Assembly adopted the Declaration on the Rights of Indigenous Peoples (Declaration). This is a standard-setting document supported by the 148 member nations, including the United States, committing to the individual and collective rights of indigenous peoples. These rights include the right to self-determination, equality, property, culture, and economic well-being.[1] John Echohawk, Executive Director of the Native American Rights Fund (NARF), has said that the Declaration affirms many of the rights for which… {read more...}
Not Just Air Pollution: How the Clean Air Act Can Fix Zoning, Transportation, and Affordable Housing April 4, 2019 by Nicholas D. Monck Digital - 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… {read more...}
The Law Review Article June 16, 2017 by Pierre Schlag Digital, Issue 4, Volume 88 - 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. Continue reading here. {read more...}
What Remains of the Exclusionary Rule? May 31, 2017 by Will Hauptman Digital - The Fourth Amendment exclusionary rule is experiencing death by a thousand cuts. Since the Supreme Court created the rule,[1] its opinions have whittled away at the rule’s application with various exceptions and limitations.[2] So it is today that the Court only finds exclusion appropriate where the benefits of suppressing evidence outweigh its costs.[3] That rarely happens, says the Court. After all, what benefit could outweigh the cost of letting the guilty go free? Apparently not the benefit of deterring the violation of an elementary Fourth… {read more...}
term paper writer

 

Betboo Porn