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Not Your Mule? Disrupting the Political Powerlessness of Black Women Voters June 7, 2021 by Chinyere Ezie Issue 3, Printed, Volume 92 - On the one hundredth anniversary of the Nineteenth Amendment, this Article reflects on the legacy of Black women voters. The Article hypothesizes that even though suffrage was hard fought, it has not been a vehicle for Black women to meaningfully advance their political concerns. Instead, an inverse relationship exists between Black women’s political participation and their relative level of socioeconomic and political well-being. Taking recent national elections as a case study, the Article identifies two sources of Black women’s political powerlessness: “caretaker voting” and the… {read more...}
Contesting the Legacy of the Nineteenth Amendment: Abortion and Equality from Roe to the Present June 2, 2021 by Mary Ziegler Issue 3, Printed, Volume 92 - Beyond the question of suffrage, the Nineteenth Amendment raised the issue of what it would take for women in America to achieve equal citizenship. The meaning of both the Nineteenth Amendment and equality for women remain especially contested in broader conflicts about abortion—and of how those conflicts have changed in fundamental ways in the decades since Roe v. Wade. For some time, fetal rights were pitted against the kinds of concerns about equality for women that drove reformers to seek the vote in 1920. But… {read more...}
Working Mothers and the Postponement of Women’s Rights from the Nineteenth Amendment to the Equal Rights Amendment June 1, 2021 by Julie C. Suk Issue 3, Printed, Volume 92 - The Nineteenth Amendment’s ratification in 1920 spawned new initiatives to advance the status of women, including the proposal of another constitutional amendment that would guarantee women equality in all legal rights, beyond the right to vote. Both the Nineteenth Amendment and the Equal Rights Amendment (ERA) grew out of the long quest to enshrine women’s equal status under the law as citizens, which began in the nineteenth century. Nearly a century later, the ERA remains unfinished business with an uncertain future. Suffragists advanced different visions… {read more...}
The Political (Mis)Representation of Immigrants in Voting May 30, 2021 by Ming H. Chen and Hunter Knapp Issue 3, Printed, Volume 92 - Who is a member of the political community? What barriers to inclusion do immigrants face as outsiders to this political community? This Essay describes several barriers facing immigrants and naturalized citizens that impede their political belonging. It critiques these barriers on the basis of immigrants and foreign-born voters having rights of semi-citizenship. By placing naturalization backlogs, voting restrictions, and reapportionment battles in the historical context of voter suppression, it provides a descriptive and normative account of the political misrepresentation of immigrants. PDF: Chen* and Knapp,** Political (Mis)Representation… {read more...}
Women’s Votes, Women’s Voices, and the Limits of Criminal Justice Reform, 1911–1950 May 28, 2021 by Carolyn B. Ramsey Issue 3, Printed, Volume 92 - Deriving its vigor from the work of grassroots organizations at the state and local levels, the League of Women Voters (LWV) sought, in the first half of the twentieth century, to provide newly enfranchised women with a political education to strengthen their voice in public affairs. Local branches like the San Francisco Center learned from experience—through practical involvement in a variety of social welfare and criminal justice initiatives. This Article, written for a symposium commemorating the centennial of the Nineteenth Amendment, assesses the role of… {read more...}
“Make the Map All White”: The Meaning of Maps in the Prohibition and Suffrage Campaigns May 27, 2021 by Susan Schulten Issue 3, Printed, Volume 92 - Maps have long been deployed as instruments of power, protest, and reform in American history. In the antebellum era, Northerners used maps to galvanize opposition to the expansion of slavery beyond the South. These dramatic and urgent anti-slavery maps served as powerful models for two of the most ambitious challenges to American law in the twentieth century: prohibition and woman’s suffrage. Both movements began with regional strengths—suffrage in the West, prohibition in the South. Suffragists and prohibitionists widely circulated maps to highlight those legislative achievements… {read more...}
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...}

Digital Media


Organizing a Business Law Department Within a Law School May 14, 2021 by William J. Carney Digital - This article argues that legal education needs to get its act together by getting organized. Unlike the rest of the university, law schools are over a century behind in recognizing the need for the greater organization that departments can provide. Specialization, which did not exist many years ago, has become so universal that some members of any faculty either cannot understand or care about, much less govern wisely, what goes on around them. Ignorance is compounded by non-professional agendas driven by ideologies and interdisciplinary interests.… {read more...}
Bucklew v. Precythe and the Resurgence of the Method of Execution Challenge May 13, 2021 by Hannah York Digital - On October 1, 2019, Missouri began the execution of death row inmate Russell Bucklew.[1] Those present for the execution reported seeing Mr. Bucklew strapped to a gurney, the IV inserted, and a white sheet up to his chest.[2] The elevated gurney was the only sign that Missouri had attempted to accommodate his cavernous hemangioma, a rare condition resulting in the growth of blood-filled tumors in his head, neck, and throat.[3] His face, notable for the sizeable blackish-purple tumor protruding from his upper lip, was turned… {read more...}
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...}

 

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