Expanding the Administrative Record: Using Pretext To Show “Bad Faith or Improper Behavior”

Within the first year of Donald Trump’s presidency, his Administration repealed, withdrew, or modified hundreds of regulations and agency decisions.[1] Although these rollbacks encompassed a wide array of administrative actions across a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 Continue reading →

Food Allergy Bullying as Disability Harassment: Holding Schools Accountable

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 Continue reading →

The Discriminatory Executive and the Rule of Law

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 Continue reading →

Whole Designs

­­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. Continue reading → Continue reading →

A Pound of Flesh: How Medical Copayments in Prison Cost Inmates Their Health and Set Them Up for Reoffense

“[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 Continue reading →

When the Cat’s Away: Techlash, Loot Boxes, and Regulating “Dark Patterns” in the Video Game Industry’s Monetization Strategies

“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 Continue reading →

Let Cities Decide: End Colorado’s Prohibition on Rent Regulation

Dana Gilbert has lived in Denver, Colorado for twenty-eight years.[2] In addition to providing after-school childcare to her granddaughter, she works two jobs cleaning office buildings. Despite the fact that Dana can barely afford a studio apartment in Harvey Park[3]—the cheapest neighborhood on the outskirts of Denver—her landlord just sent a rent renewal lease for her apartment; rent is increasing from $800 to $1,050 per month for next year. This 31 percent increase puts the unit out of Dana’s price range. She secures a housing Continue reading →

An Old View of the Cathedral: Intellectual Property Under the Colorado Uniform Partnership Act

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 the outset of the partnership. As with most things in this life, partnerships inevitably come to an end. When this happens, a partner is said to have “dissociated” from the partnership. Typically, this is followed by a dissolution of the partnership itself. Rather than terminating at that point, the partnership then goes into what is Continue reading →

Two Legal Mothers: Cementing Parental Rights for Lesbian Parents in Colorado

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 relationship with the child. One is an opposite-sex couple. Because they are married, they know that the father will automatically be considered the legal father. But the other couple is a lesbian couple. Leading up to the birth, the lesbian couple seeks out a lawyer and expresses concern regarding the nonbiological parent’s legal status. Because Continue reading →

Drug Conspiracy Sentencing and Social Injustice

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 imposed based on the amount of drugs attributable to the individual defendant (the individualized approach) as opposed to the amount of drugs attributable to the conspiracy as a whole (the conspiracy-wide approach). This decision reflects a nationwide circuit split implicating the courts and lawmakers’ ideological balancing of the issues of justice, liberty, public safety, and Continue reading →