The Colorado Uniform Partnership Act (“CUPA”) contains a subtle shortcoming. CUPA is a default statute that only operates in the absence of a governing agreement between two partners formed at …
Two married couples decide to have a child via artificial reproduction. One parent in each couple will carry and give birth to the child. The other parent has no biological …
Read more “Two Legal Mothers: Cementing Parental Rights for Lesbian Parents in Colorado”
The D.C. Circuit in United States v. Stoddard confronted a landmine of criminal and socioeconomic justice issues when it held that mandatory minimum sentences for drug conspiracy offenses should be …
In the field of conflict of laws, private actors are generally granted the power to choose the law to govern their contracts. This is the doctrine of party autonomy. In …
Eighty-three years after the Dust Bowl, residents of America’s High Plains face a dire threat: their primary aquifer faces depletion, and entire sections of the country are set to run …
The pro bono interests of law firm lawyers tend to differ from the actual legal needs of the poor. This difference results in the mismatch problem or the incongruence between …
The battle lines are drawn on the permissibility and validity of so-called “nationwide” injunctions—injunctions in federal constitutional litigation purporting to halt government enforcement of a challenged law[2] against all possible …
Opponents of nationwide injunctions have advanced cogent reasons why courts should be skeptical of this sweeping remedy, but one of the arguments is a red herring: the constitutional objection. This …
And some things that should not have been forgotten were lost. History became legend. Legend became myth. –Lord of the Rings[2] Introduction When someone successfully sues a federal executive branch …
Then it dawned upon me with a certain suddenness that I was different from the others . . . . –W.E.B. DuBois[2] I start this piece with a personal narrative because I …
Read more “Toward Establishing a Pre-Extinction Definition of “Nationwide Injunctions””