A No-Contest Discharge for Uncollectible Student Loans

Over forty-four million Americans owe more than $1.6 trillion in student loan debt. This debt is nearly impossible to discharge in bankruptcy. Attempting to do so may require costly and contentious litigation with the Department of Education. And because the Department typically fights every case, even initial success can be followed by years of appeals. As a result, few student loan borrowers attempt to discharge their student loan debt in bankruptcy. In this Article, we call on the Department of Education to develop a set Continue reading →

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.

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 Continue reading →

The Greater Yellowstone Ecosystem Revisited: Law, Science, and the Pursuit of Ecosystem Management in an Iconic Landscape

Thirty years ago, the Greater Yellowstone Ecosystem (GYE) concept and ecosystem management surfaced as key to pre-serving this legally fragmented region’s public lands and wildlife in the face of mounting development pressures. Yellowstone’s grizzly bears were in sharp decline and wolves were absent from the landscape, while bison and elk management issues festered. The GYE’s national forest lands were subject to extensive logging, energy leasing, and other commercial activities that cumulatively threatened the region’s ecological integrity. In the face of extreme jurisdictional complexity and a Continue reading →

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

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. Introduction Sex offenses come with vastly Continue reading →

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

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 Continue reading →

The Law Review Article

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.

What Remains of the Exclusionary Rule?

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 Continue reading →

Bob Nagel and the Emptiness of Supreme Court Standards of Review

Bob Nagel is a well-known and persistent critic of Supreme Court decision making—and in particular, the Court’s stated formulae for how those decisions are reached. Bob’s neologism, “the formulaic Constitution,” was not coined to be an honorific term. For Bob, the Court’s announced rationales often seem hollow and thus quite manipulable, disguising whatever might have been the Court’s real reasons for reaching a decision and perhaps even blinding the Court itself to those reasons. Those of us who are unfortunately tapped by our deans to Continue reading →