Faculty

Dean Inniss Announces New Faculty Appointment

Anonymous — Wed, 31 Jul 2024 18:46:19 +0000

Dean Inniss Announces New Faculty Appointment Anonymous (not verified) Wed, 07/31/2024 - 12:46

Lolita Buckner Inniss, Dean and Provost’s Professor of Law, is pleased to announce the appointment of another professor to Colorado Law’s full-time faculty: Cara Shaffer.

“We could not be more thrilled to have Professor Shaffer join our law school community,” said Dean Inniss. “Professor Shaffer brings a wealth of knowledge and experience to our legal writing faculty, and we look forward to welcoming her to campus in a few weeks.”

Meet Colorado Law’s newest professor:

Cara Shaffer

Cara Shaffer is a graduate of The University of Texas School of Law and formerly worked as the founding director of the legal writing center at South Texas College of Law Houston. Before moving into the legal academy, she was a litigation associate at Bowman and Brooke LLP in Austin, Texas. Her experience includes internships and clerkships at the Third Court of Appeals, the U.S. District Court for the Western District of Texas, and the Harris County Attorney’s Office. Cara has presented nationally on legal writing pedagogy. Her article, “Context at the Periphery: The Rise of the Critical-Contextual Legal Education Reform Movement,” was recently published in The Cardozo Law Review of Equal Rights and Social Justice. Cara has diverse experience teaching writing and oral advocacy, including four years coaching The University of Texas Undergraduate Mock Trial team.

Lolita Buckner Inniss, Dean and Provost’s Professor of Law, is pleased to announce the appointment of another professor to Colorado Law’s full-time faculty: Cara Shaffer.

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ICYMI: Scholarly Publications, Media Mentions, & Faculty Activities

Anonymous — Mon, 17 Jun 2024 16:21:27 +0000

ICYMI: Scholarly Publications, Media Mentions, & Faculty Activities Anonymous (not verified) Mon, 06/17/2024 - 10:21

Widely recognized for its intellectual diversity and originality, the faculty at Colorado Law encompasses an array of prominent legal scholars who are widely cited, both in academia and throughout the national media landscape. We invite you to catch up on the latest faculty publications and media mentions with this weekly round up.

Scholarly Publications

Jonathan Booth, Review of Policing Empires: Militarization, Race, and the Imperial Boomerang in Britain and the US, Criminal Law and Criminal Justice Books (April 2024).

Alexia Brunet Marks, Transitioning to Regenerative Agriculture One French Fry at a Time, 24 Nev. L. J. 1029 (2024).

Margot Kaminski, Voices In, Voices Out: Impacted Stakeholders and the Governance of AI, 71 UCLA L. Rev. Discourse 176 (2024).

Michael Pappas & Mark Nevitt, Climate Risk, Insurance Restreat, and State Response, 58 Ga. L. Rev. 1603 (2024).

William T. Pizzi [Professor Emeritus], Sharply Divergent Species: The Criminal Trial Systems in England and the United States, SSRN.com (April 22, 2024).

Blake E. Reid & Brett M. Frischmann, Network Neutrality as Governance Seam, TechReg Chronicle 1 (May 2024).

Blake E. Reid, Section 230’s Debts, 22 First Amend. L. Rev. 408 (2024).

Scott Skinner-Thompson, Getting Real Protecting Privacy, JOTWELL (June 5, 2024) (reviewing Ignacio Cofone, The Privacy Fallacy: Harm and Power in the Information Economy (2024)).

Media Mentions

[James Anaya], Jorge Valencia, Chiquita Held Liable for Deaths During Colombian Civil War, New York Times (June 11, 2024).

[Deep Gulasekaram], Erin Davis, Circuit Court Hearing Arguments in Texas Razor Wire Case, Spectrum News One (June 7, 2024).

[Vivek Krishnamurthy], Raisa Patel, Government Says Online Harms Bill Won't Infringe on Charter Rights, Toronto Star (June 5, 2024); Nick Taylor-Vaisey & Kyle Duggan, Ottawa Playbook: Big Smoke By-Election, Politico Canada (June 11, 2024).

[Harry Surden], An Unchecked AI Could Usher in a New Dark Age, Business Insider (June 6, 2024).

[Getches-Wilkinson Center Conference], coverage includes Shannon Mullane, "It's Not an Ideal World": States Talk Colorado River Future, Hang-ups in Neogotiations at CU Conference, Colorado Sun (June 7, 2024); Marianne Goodland, Biden Admin Invests $700M in Colorado River Basin, Colorado Politics (June 6, 2024); Tony Davis, Negotiator: NIA Water Supply 'Is Gone', Arizona Daily Star (June 10, 2024)(Lexis login required); Alex Hager & Erin O'Toole, Some Key Colorado River Decision Makers Got Together in ��«��Ƶ. There was Plenty of Disagreement, KUNC (June 11, 2024); Shannon Mullane, Colorado River Officials Come Together but Seem Far Apart, The Daily Sun Up Podcast (June 11, 2024).

[Silicon Flatirons Conference], Rick Weber, Sen. Hickenlooper Pushes Privacy Law for Year-End AI Legislative Agenda, Inside Washington (June 14, 2024)(Lexis login required).

Faculty and Staff Activities

Rabea Benhalim (presenter), Abortion, Autonomy, and Rights in Islamic and American Law (Law & Society Association, June 6, 2024).

Paul Campos, Lawyers, Guns, & Money (June 1-14, 2024), blog posts available here.

T. Markus Funk (Colorado Law Adjunct), GATHERING FOREIGN EVIDENCE THROUGH MUTUAL LEGAL ASSISTANCE TREATIES AND LETTERS ROGATORY (The Federal Judicial Center – Handbook) was recently listed on SSRN's Top Ten download list for: International, Transnational & Comparative Criminal Law eJournal.

Jennifer Hendricks (presenter), Theorizing Equality ; Being Pregnant in Someone Else's Body, & (participant) Feminist Legal Theory New Books in the Field (Law & Society Association, June 6-8, 2024).

Dean Lolita Buckner Inniss (presenter), Locating Black Lives Matter and #MeToo in Social and Legal Reform Movements, Law & Society Association (June 8, 2024).

Maryam Jamshidi, Securitizing the University, LPE Project Blog (June 4, 2024).

Margot Kaminski (speaker), The Artificial Administrative State: Democracy in the Age of AI (European University Institute, June 6-7, 2024).

Vivek Krishnamurthy (testimony), Harms Caused by Online Viewing of Illegal Sexually Explicit Material (Canadian Heritage Committee June 11, 2024)(video available via the "watch" button under the "Meeting 124" tab.)

Suzette Malveaux filed an amicus brief in support of Henrietta Lacks’s family and in opposition to Ultragenyx’s motion to dismiss, arguing that the statute of limitations should be tolled, and the court has denied defendant’s motion to dismiss in Lacks v. Ultragenyx , No. 1:23-cv-02171-DLB (D.Md., May 20, 2024), see Henritta Lacks Family can Proceed with Lawsuit Over Use of Hela Cells After 'Milestone' Ruling, Baltimore Banner (May 21, 2024) for coverage.

Suzette Malveaux (presenter), Procedural Apartheid, (Law & Society Association, June 8, 2024).

Suzette Malveaux has also been nominated by the National Bar Association Women Lawyers Division for the Outstanding Non-Traditional Career Award

Amanda Parsons (presenter},Taxing Data in a Cash-Based Tax System (Law & Society Association, June 8, 2024); featured on TaxProfBlog.

Carolyn Ramsey (presenter), Gender Anxiety, the Medicalization of Domestic Violence, and the Decline of Paternalism in Mid-Twentieth-Century America (Law & Society Association, June 8, 2024).

Andrew Schwartz (presenter), Investment Crowdfunding book discussion, Czech Association of Crowdfunding Platforms (Prague, May 27, 2024).

[Scott Skinner-Thompson], Lawrence Solum, Skinner-Thompson on Privacy for Marginalized Communities, Legal Theory Blog (June 4, 2024)(Solum calls Privacy Without the State "very interesting and recommended".)

Scott Skinner-Thompson(participant) Current Litigation Developments Roundtable with Colorado Attorney General Phil Weiser; (reader), The Privacy Fallacy: Harm & Power in the Information Economy (Law & Society Association, June 7-8, 2024).

Sloan Speck, Weekly SSRN Tax Article Review and Roundup: Speck Reviews The TJCA: Sweeping Changes and an Uncertain Legacy by Gale, Hoops, and Pomerleau, TaxProf Blog (June 7, 2024).

Sloan Speck (presenter}, Collateral Tax Benefits in Crisis Relief (Law & Society Association, June 7, 2024); featured on TaxProfBlog.

Doug Spencer, (presenter), Gerrymandering and the Corruption of Fair and Effective Representation (Law & Society Association, June 8, 2024).

Andrew Teegarden [GWC], House Bill 1379 Signed into Law, GWC (May 31, 2024).

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The 32nd Annual Rothgerber Conference on AI and The Constitution Makes History

Anonymous — Thu, 02 May 2024 13:55:42 +0000

The 32nd Annual Rothgerber Conference on AI and The Constitution Makes History Anonymous (not verified) Thu, 05/02/2024 - 07:55

Reya Roussel & Michaela Calhoun

On April 19, the Byron White Center for the Study of American Constitutional Law and the Silicon Flatirons Center for Law, Policy and Entrepreneurship hosted the 32nd Annual Rothgerber Conference on AI and the Constitution. This year’s conference was one of the first of its kind to focus on prevalent issues at the intersection of Artificial Intelligence and the Constitution. Interdisciplinary scholars, scientists, lawyers and students from around the world gathered at the University of Colorado Law School in ��«��Ƶ to discuss recent AI developments and the impact on the right to privacy, free speech under the First Amendment, and judicial interpretation.

Byron White Center Director and Law Professor, Suzette Malveaux, opened the conference, noting the timely and imperative nature of the topic. Given the power of AI and the recent diminishment of fundamental rights under the Constitution, she emphasized the importance of getting ahead of the curve by bringing together experts to grapple with cutting edge issues at the intersection of tech and constitutional law.

The conference started off strong with Professor of Law and Silicon Flatrions Artificial Intelligence Initiative Director, Harry Surden, delivering the keynote address on the development and more recent explosion of generative Artificial Intelligence. Professor Surden shared recent updates and key limitations of generative AI, while also demonstrating how Chat GPT4 can empower and be used responsibly in the law. Following the keynote, Colorado Law Review Executive Editor, Natalie Tiggleman, introduced the AI and Privacy Panel, moderated by Professor Malveaux. Law Professors Paul Ohm (Georgetown), Christine Goodman (Pepperdine Caruso), Spencer Overton (George Washington), and Scott Skinner-Thompson (University of Colorado) held a lively and interactive discussion about the various ways privacy interests are implicated, in areas such as hiring practices, voting access, and data security.

Professor Surden moderated the second panel discussion, which explored how AI can be used in judicial interpretation of the Constitution and other legal documents. Panelists, Dr. Megan Ma (Stanford) and Law Professors Andrew Coan (Arizona), Vivek Krishnamurthy (University of Colorado), and Yonathan Arbel (Alabama), shared how AI has immense potential to challenge interpretive approaches to constitutional law, while still being approachable and beneficial for practical uses, such as increasing attorney productivity which benefits clients. The final panel focused on AI speech and the First Amendment. Professor Blake Reid, Director of the Telecom and Platforms Initiative at Silicon Flatirons, moderated this fascinating discussion with Dr. Newton Campbell (AROSE), Law Professor Helen Norton (University of Colorado), Law Professor April Dawson (NC Central), and Business Professor Eric Alston (University of Colorado). This panel considered the thorny question of whether AI speech—potentially equal to or superior to human speech—is protected under the First Amendment.

Devin Schultze ‘25, Editor in Chief of the Colorado Law Review, expressed her excitement about the conference: “It was really amazing to witness conversations between lawyers and non-lawyers regarding their thoughts on AI and how it impacts individual rights. That was such a cool component to have two separate disciplines come together and hear the discourse that AI and the Constitution creates.”

Many of the remarkable speakers featured at the Rothgerber Conference on AI and the Constitution will be publishing their scholarship in an upcoming special Symposium issue of the Colorado Law Review. Watch the full conference here, and view more photos in our flickr gallery.

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Prof. Colene Robinson Receives “Excellence in Teaching” Award

Anonymous — Fri, 19 Apr 2024 20:23:35 +0000

Prof. Colene Robinson Receives “Excellence in Teaching” Award Anonymous (not verified) Fri, 04/19/2024 - 14:23

Emily Battaglia

Congratulations to Prof. Colene Robinson, who recently received a 2024 ��«��Ƶ Faculty Excellence Award for “Excellence in Teaching.” This award recognizes the vital importance of teaching and mentoring students as significant components of faculty duties that are central to the university’s mission.

“I am really grateful to everyone who worked hard to support my nomination and am so honored by the acknowledgement of my teaching,” Robinson said. “Hearing from former students that I had positively impacted their time in law school, which I know can be so stressful and hard, was incredibly moving.”

Robinson wears many hats here at the law school. Not only does she teach and write about child welfare and juvenile delinquency, she also co-directs the Juvenile and Family Law Program (JFLP). In her Juvenile and Family Law Clinic, students represent children and parents in child welfare cases and youth in delinquency and immigration matters. The JFLP provides students with opportunities to acquire specialized knowledge and fosters collaboration between students, academics, and practitioners.

“The people I work with at the law school are the best part of my job – foremost the students and also the faculty and staff,” Robinson shared. “Being able to laugh with people while at the same time working though hard issues that require compassion and good judgment, makes this my dream job. Not to mention the amazing professionals I work with frequently at the courthouse – like judges, caseworkers, and other attorneys.”

Prof. Robinson’s career has been extensive. Before joining Colorado Law, she represented children and families throughout Colorado and in New York City. Now as a professor and Director of Clinical Programs, she shares that some of her proudest moments come from witnessing students become more confident in their legal practice through their work in many of the Law School’s Clinics.

Like when students feel challenged by what they are learning and make noticeable improvements - “Those moments are gold when you see it happening.” Robinson said. “Also, the times when we [the clinic] have made a positive difference in someone’s case [have been among my proudest accomplishments] – which can be hard to do when you are working primarily in the child welfare system.” Professor Robinson and her students have represented over 300 families.

When asked what excellence in teaching means to her, Robinson revealed that it can be difficult to know if you are teaching well.

“If students don’t perform as well on an exam or assignment, I ask myself how I could have done a better job with the material,” Robinson explained. “Excellence means being creative, reading as much as possible in my area, keeping up with the changes in law and policy, updating or redoing my courses continuously, and finding ways to tackle difficult subjects. It also means being honest with myself when I haven’t done my best work and making changes to get better, including asking for feedback from students and colleagues.”

The University of Colorado Law School is grateful to have Robinson’s expertise and dedication to our students’ success as part of our community and look forward to the impact she will continue to have in the years to come. Congratulations, Professor Robinson, on this incredible achievement!

Learn more about Prof. Robinson here.

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ICYMI: Faculty Publications & Notable Mentions

Anonymous — Mon, 21 Aug 2023 16:01:51 +0000

ICYMI: Faculty Publications & Notable Mentions Anonymous (not verified) Mon, 08/21/2023 - 10:01

Faculty Publications

Amanda Parsons, Taxing Taxonomies, SSRN.com, Aug. 7, 2023.

Notable Mentions & Blog Posts

Paul Campos, When bad things happen to (formerly) rich people; The scandal election; A riddle for the ages; The psychology of the Trump cult; White supremacy and plutocracy; Donald’s razor; Welcome to the “find out” portion of our programming; The view from on the road to nowhere; Is there any argument for a university massively subsidizing its law school?; Lindsey Graham: The best way to punish Donald Trump’s attempt to steal the 2020 election is to re-elect him; The strange career of the Electoral College; The fire this time; Lawyers, Guns, & Money Blog, (Aug. 11-18, 2023).

T. Markus Funk’s [Colorado Law adjunct] recent article on anti-bribery & corruption compliance programs made SSRN’s Top Ten Download Lists for the following eJournals: Compliance & Risk Management; Institutional & Transition Economics.

[Gregor MacGregor, Acequia Assistance Project], Tribal Water Rights Settlement Resolution, Getches-Wilkinson Center, (Aug. 14, 2023).

Andrew Schwartz, Guest Post from Andrew A. Schwartz: A Missing Piece in Regulation Crowdfunding, ProfessorBainbridge.com, (Aug. 17, 2023).

Andrew Schwartz, Investment Crowdfunding Book Talk, Colorado Lawyers Chapter of the Federalist Society (Aug. 18, 2023).

[Ahmed White], Prof. Ahmed White awarded Richard A. Lester Prize, Colorado Law, Aug. 18, 2023. (Under the Iron Heel: The Wobblies and the Capitalist War on Radical Workers awarded the Richard A. Lester Prize for the Outstanding Book in Labor Economics and Industrial Relations published in 2022. This prize is awarded annually by the Industrial Relations Section at Princeton University.)

[Acequia Assistance Project, Colorado Law students Oliver Skelly and Ellen Beckert], CU students comment on Acequia Assistance Project, The Chronicle-News, (Aug. 14, 2023).

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ICYMI: Faculty Publications and Notable Mentions

Anonymous — Mon, 14 Aug 2023 16:07:28 +0000

ICYMI: Faculty Publications and Notable Mentions Anonymous (not verified) Mon, 08/14/2023 - 10:07

Faculty Publications

Peter Huang [retired Colorado Law faculty], Disrupting Racism: Essays by an Asian American Prodigy Professor (2023).

Lolita Buckner Inniss, Abortion Law as Protection Narrative, 101 Oregon L. Rev. (2023)(online link forthcoming).

Maryam Jamshidi, The Private Enforcement of National Security, 108 Cornell L. Rev.739 (2023).

Amanda Parsons, Taxing Taxonomies, SSRN.com (Aug. 7, 2023).

Blake Reid, Jerry Kang, & Alan Butler, Communications Law and Policy: Cases and Materials, Edition 7.5 (2023).

Daria Roithmayr, Racism Pays: How Racial Exploitation Gets Innovation Off the Ground, 28 Mich. J. Race & L. 145 (2023).

Notable Mentions, Blogs, & Interviews

[Harold Bruff, Professor Emeritus], Louis Jacobson, Donald Trump indictment: What to know about 2020 election, Jan. 6 investigation and charges, Politifact, (Aug. 1, 2023).

Paul Campos, Heat Wave; Why do right wing critics never argue for the existence of crypto-right wing politicians?; The demographics of 2050; The Producers, criminal litigation edition; Cars and cyclists ; LOL nothing matters; Good and bad weather; Trump indicted by federal grand jury illegally interfering in the 2020 presidential election; The real problem; Which side are you on?; Climate change and conference realignment; Donald Trump may go to prison after all; Wellness culture and fascism; A man aspired to overthrow the government, and they called it a crime; Doctor pay; Guess who is responsible for Donald Trump being the GOP presidential candidate in 2024?; The apotheosis of the long con; Georgia grand jury about to indict Trump: fascist ex-POTUS goes on smear campaign; Robbie Robertson; Feel the DeSantimania; Out of control college spending; Lawyers, Guns, & Money Blog, (July 29-Aug.11, 2023).

[Shamika Dalton, Deep Gulasekaram, Daria Roithmayr, & Wadie Said], Tenure List: August 2023, CU Connections (Aug. 10, 2023).

T. Markus Funk [Colorado Law adjunct], recent articles on anti-bribery & corruption compliance programs, media failures to understand self-defense law basics, and recent DOJ labor antitrust enforcement efforts) made SSRN’s Top Ten Download Lists for the following eJournals: Institutional & Transition Economics; Criminal Law; Types of Offending; Compliance & Risk Management; Law & Society: Private Law - Labor & Employment Law; and Political Economy – Development: Underdevelopment & Poverty Law.

[Deep Gulasekaram], Emily Battaglia, Getting to know Prof. Deep Gulasekaram, Colorado Law, (Aug. 8, 2023).

[Deep Gulasekaram, Maryam Jamshidi, Vivek Krishnamurthy, Sarah Matsumoto, Blake Reid, Daria Roithmayr, & Wadie Said] Twelfth season of mini law school to feature new topic areas, faculty members, Colorado Law (June 29, 2023).

Jennifer Hendricks, Emily Battaglia, Essentially a Mother: A Q&A with Jennifer Hendricks exploring her groundbreaking new book, Colorado Law (July 13, 2023).

Peter Huang, Lunch and Learn Presentations: CU Fireside Chat on Disrupting Racism (forthcoming, Aug. 22, 2023).

Maryam Jamshidi, Iran’s ICJ Case Against Canada Tests the Terrorism Exception to Sovereign Immunity, Just Security, (July 24, 2023).

[Maryam Jamshidi], Garrett Shanley, New state legislation leads to departures, concern among UF faculty, The Independent Florida Alligator, (July 31, 2023).

Maryam Jamshidi, Sanctions’ New Colonizers, Law and Political Economy Blog (June 22, 2023).

[Maryam Jamshidi], Caleb Symons, Iran, Canada Bring Terrorism Dispute to ICJ, Law360 (June 29, 2023).

[Margot Kaminski], Margot Kaminski Delves into the Current State of AI Ethics, TechPolicy.com (July 28, 2023).

[Susan Nevelow Mart, Professor Emeritus], Bob Ambrogi, Law Librarians’ Conference Reflected Legal Industry’s Uncertainty about AI and the Future, LawNext, (Aug. 9, 2023).

[Christopher Mueller], State v. Watson (New Jersey Supreme Court, Aug. 2, 2023)(citing Mueller’s Federal Evidence, 4th ed.).

Helen Norton [panelist] & Doug Spencer [moderator], 2023 U.S. Supreme Court Review (Aug. 2, 2023).

[Amanda Parsons], Paul Caron, Parsons. Taxing Taxonomies, TaxProf Blog, (Aug. 9, 2023).

Blake Reid, recipient of the H. Latham Breunig Humanitarian Award from Telecommunications for the Deaf and Hard of Hearing, Inc. (TDI) for work in the Samuelson-Glushko Technology Law & Policy Clinic

[Blake Reid], Emily Battaglia, Getting to know Prof. Blake Reid, Colorado Law, (Aug. 2, 2023).

[Daria Roithmayr], Brian Leiter, 14 lateral moves that made law professors “take notice” during 2022-23, Brian Leiter’s Law School Reports, (Aug. 8, 2023).

[Mark Squillace], Akielly Hu, White House takes a crack at much-needed permitting reform, Grist (Aug. 1, 2023).

[Harry Surden], Ronald M. Sandgrund, Who Can Write a Better Brief: Chat AI or a Recent Law School Graduate?, Colorado Lawyer 24 (July/August 2023).

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Getting to know Prof. Deep Gulasekaram

Anonymous — Tue, 08 Aug 2023 20:54:53 +0000

Getting to know Prof. Deep Gulasekaram Anonymous (not verified) Tue, 08/08/2023 - 14:54

Emily Battaglia

Highly esteemed constitutional and immigration law scholar, Pratheepan (Deep) Gulasekaram, will join the Colorado Law faculty as Professor of Law this month. Prof. Gulasekaram’s research focuses on the constitutional rights of noncitizens and federalism concerns in immigration law. He is co-author of the leading immigration casebook used in law schools (Immigration & Citizenship: Process and Policy (West Academic 9th Ed. 2021)). His book, The New Immigration Federalism, provides an in-depth empirical and theoretical analysis of the resurgence of state and local immigration lawmaking. He has also extensively explored the relationship between the Second Amendment and immigrants as a way of understanding constitutional protections for noncitizens.

Gulasekaram has taught at Santa Clara University School of Law since 2007. He has also taught as Visiting Professor at Stanford Law School, Berkeley Law School, University of California Berkeley, and as Acting Assistant Professor of Lawyering at New York University School of Law.

In this interview, Professor Gulasekaram sits down with Colorado Law’s Emily Battaglia to answer a few questions about his work and what he is looking forward to in his new position here at Colorado Law.

Hi Deep – thank you so much for taking the time to answer a few questions about your work and the expertise you will be bringing to the law school as a new faculty member. We can’t wait for you to join us.

DG: Likewise!

For my first question I am eager to know --what drew you to immigration law?

DG: My interest stems from my personal history. I was born in Sri Lanka during a time of civil war, and when I was a toddler, my parents migrated to the U.S. to get away from the deadly conflict and seek a better future for our family. We settled in an immigrant enclave in southern California, and I grew up with people from all over the world, with various regular and irregular immigration statuses.

As an adult, I had to navigate the immigration system again when my mother and I naturalized into U.S. citizens. Finally, soon after graduating from law school, I witnessed firsthand the enforcement backlash against immigrants, including members of my family, after the terrorist attacks of 9/11. Studying, teaching, and writing about immigration law gave me the ability to contextualize these myriad experiences within American history and law, and to articulate a normative vision for immigration policy.

Could you describe some of the current projects you are working on?

DG: I am currently finishing a project entitled The Second Amendment's "People" Problem, which attempts to determine if any interpretative theory can justify excluding noncitizens from "the people" who may exercise the right to keep and bear arms. The question whether certain persons are excluded from "the people" has taken on renewed importance in the wake of the Supreme Court's 2022 NYSRPA v. Bruen decision, which struck down a long-standing state gun permitting scheme and prescribed historical inquiry as the exclusive methodology for assessing the constitutionality of firearms regulations.

In the wake of Bruen, courts have struggled to determine whether several highly regulated groups - e.g., felons, children, noncitizens - are covered by the Second Amendment. My paper concludes that when the right to keep and bear arms is understood as an individual right of self-protection, noncitizens (including unlawfully present noncitizens) cannot be excluded categorically from 'the people" who can exercise Second Amendment rights or other core Bill of Rights protections that inure to "the people."

The other major project on the horizon is a co-authored paper entitled The Borderline Constitution. This project seeks to map out how the Constitution functions at the nation's border and places deep in the interior of the country that are treated as the border equivalent. The goal of the project is to shed light on this liminal constitutional space, and to show how the absence of constitutional safeguards at the border threatens the integrity of constitutional protections in mainstream and "domestic" applications, even to citizens.

What is your proudest career accomplishment so far?

DG: My most impactful scholarly contribution thus far is the original empirical work that informed my book, The New Immigration Federalism. My co-author and I demonstrated that jurisdictions passing anti-immigrant measures were not facing particularly acute public policy pressures from unlawful migration, despite the claims made by local lawmakers, enforcement advocates, courts, and even some academics. Instead, our quantitative and qualitative research showed that partisan polarization and white nationalism were the prime factors motivating those enactments. Our work exposed how a network of coordinated individuals and anti-immigration organizations helped foment federal legislative stasis on immigration, thereby setting the necessary background conditions for their multi-jurisdictional campaign at the state and local levels.

Can you talk a little bit about the origin and mission of your nonprofit, World Children’s Initiative?

DG: Before I went to law school, two close friends from college and I were interested in global healthcare. They followed that passion to became doctors, and so we decided to focus on sustainable, long-term improvements in health care access for children in highly under-resourced environments. The basic animating idea behind our work is to train and equip local doctors so that they can serve local populations without reliance on foreign doctors or foreign aid. Our most successful project so far has been our work in Kampala, developing the capacity of doctors to treat congenital heart defects in children at the Uganda Heart Institute. We trained their medical staff in pediatric cardiac catheterization techniques and helped them design a treatment center for children. Ugandan doctors and nurses now fix heart defects in hundreds of children every year, without foreign aid. Currently, we are partnering with Operation Smile, a giant in the nonprofit medical mission world, to help improve access to essential surgical care in Madagascar. Our goal is to help Malagasy surgeons improve outcomes for basic, but highly impactful surgeries, like those involving childbirth complications or fixing broken bones after trauma.

Obviously, this work is well-outside my areas of research and teaching. In fact, it has very little to do with law at all. But, every now and then, I get to use some of the skills I learned in law practice-- like drafting agreements or assessing our legal exposure. In addition, as part of our mission involves teaching, my time as a law professor has helped me think through how to design curricula and package our educational resources.

Thank you so much for your thoughtful answers! I have one final question - in your move from California to Colorado, what are you most excited for?

DG: I don't think I can pinpoint one specific thing. Having been a Californian nearly my entire life, the fact of moving to Colorado is a big change and an exciting new adventure for my family. My kids are excited to live in a place where it snows! I’m less thrilled about the snow but I’m absolutely thrilled to begin working with my new colleagues at one of the country's premier public institutions.

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Getting to know Prof. Blake Reid

Anonymous — Wed, 02 Aug 2023 17:20:25 +0000

Getting to know Prof. Blake Reid Anonymous (not verified) Wed, 08/02/2023 - 11:20

Emily Battaglia

Already a valued and highly respected member of the Colorado Law community, Professor Blake Reid ’10 will be transitioning from his role as Clinical Professor and Director of the Samuelson-Glushko Technology Law & Policy Clinic to Associate Professor of Law on the research faculty. Professor Reid will continue to serve as a faculty director at the Silicon Flatirons Center.

Reid studies, teaches, and practices in the intersection of law, policy, and technology. In his new role, he will continue to teach Telecommunications Law and Policy as well as taking on Copyright and other courses in Colorado Law’s technology and intellectual property curriculum.

In this interview, Professor Reid sits down with Colorado Law’s Emily Battaglia to answer a few questions about his career and transition into this new role.

Hi Blake, thank you for joining us. To kick off our questions, could you first share a bit about any current projects you are working on?

BR: My research broadly revolves around technology law and policy, including telecommunications, internet, and intellectual property law. Right now, my writing is focused on the Supreme Court’s interventions into laws regulating social media and search platforms and their intersections with the First Amendment and the Communications Act. I’m also particularly focused on the intersection of technology law and policy with disability law, which involves issues such as the accessibility of communications platforms.

Interesting! I would also love to hear more about your current role here at the law school –could you talk about your work as faculty director at the Silicon Flatirons Center?

BR: For the last two decades, Silicon Flatirons has served as a home for convening academic ideas, law and policy professionals, and CU students. As a faculty director, I’m focused on cultivating interesting conversations around emerging telecom, internet law, and intellectual property issues that give our students a chance to engage with leaders in the field.

What will you miss most about your role as Clinical Professor and Director of the Samuelson-Glushko Technology Law & Policy Clinic?

BR: I will miss the chance to watch up close as the Clinic's amazing student attorneys shape their interests and skills into unique and impactful careers as they help the Clinic’s clients, some of whom we have worked with for a decade or more. But I’m also excited that I’ll be able to support Vivek Krishnamurthy’s leadership of the Clinic and its students in my new role, just as my colleagues on Colorado Law’s tech and IP faculty have for me over the past decade.

I noticed you have a bachelor's degree in computer science --how has that background informed your work throughout your career?

BR: The most important thing I learned as a computer scientist was not being afraid to engage with technology and to learn from people who develop and use it. Working in technology law and policy doesn’t necessarily require deep technology expertise, but it does take a sense of curiosity and developing the ability to have intelligent conversations with technologists and users so that you can serve as a translation layer between them and policymakers. Helping facilitate interdisciplinary work that reflects a joint understanding of technology and law/policy from experts in both fields is a role I’ve always tried to play and something I’ve always encouraged my students to lean into.

We are so excited to have you continue with us here at Colorado Law in your new role. What do you enjoy most about working for your alma mater?

BR: One of the best things about working here is having personally experienced our students’ collaborative and collegial relationships with each other, something that Colorado Law students have paid forward for many generations. Law school can be a challenging experience, and having classmates who are there for you—whether it’s sharing notes from a class you missed, studying together, passing along job opportunities, or just generally being supportive and celebrating your successes—is a special part of Colorado Law’s culture. I also know how Colorado Law's supportive faculty members can open important doors for students as their careers advance. As a faculty member and alum, my experience as a student always reminds me to be on the lookout for ways to support and celebrate our students and their commitment to each other.

Professor Blake Reid ’10 will be transitioning from his role as Clinical Professor and Director of the Samuelson-Glushko Technology Law & Policy Clinic to Associate Professor of Law on the research faculty. Professor Reid will continue to serve as a faculty director at the Silicon Flatirons Center.

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ICYMI: Faculty Publications and Notable Mentions

Anonymous — Mon, 31 Jul 2023 16:39:25 +0000

ICYMI: Faculty Publications and Notable Mentions Anonymous (not verified) Mon, 07/31/2023 - 10:39

Faculty Publications

T. Markus Funk [Colorado Law adjunct], Busting the Durable Myth that US Self-Defense Law Uniquely Fails to Protect Human Life, NACDL: The Champion 36 (August 2023); featured in Eugene Volokh, "Busting the Durable Myth that US Self-Defense Law Uniquely Fails to Protect Human Life", The Volokh Conspiracy (July 19, 2023).

Jennifer Hendricks, Disputed Conceptions of Motherhood, in The Oxford Handbook of Feminism and the Law in the United States 461 (Deborah L. Blake, Martha Chamallas, & Verna L. Williams, eds., 2023)(available online here).

Christopher B. Mueller, Evidence under the Rules: Text, Cases and Problems, 10th ed. (Aspen, 2023)(with Laird C. Kirkpatrick & Liesa L. Richter).

Notable Mentions

Paul Campos, 15 years of blogging; Tipping points; Ron DeSantis killed tens of thousand of Floridians because he thought opposing vaccines would help make him president; Walking is getting a lot more dangerous; Spanish election results; Wealthy career criminal partners with religious fanatics in desperate attempt to cling to political power and stay out of jail ; By the time I get to Phoenix the asphalt will be 180 degrees; Vehicular NIMBYism ; She probably didn’t come from Planet Clare; Potential collapse of the Gulf Stream ; DeSantis says he would pick RFK Jr. to head the CDC or FDA; A media system wired for Republicans; Trump says this is all a conspiracy on the part of the Biden administration to divert attention away from Hunter’s laptop; Lawyers, Guns, & Money, (July 21-28, 2023).

Violeta Chapin, With DACA’s days likely numbered, Colorado advocates urge young immigrants to seek other venues to keep working, Denver Post, (July 23, 2023).

T. Markus Funk, Top Ten Recent SSRN Downloads in Criminal Law ejournal, CrimProfBlog, (July 23, 2023). (On the Media’s Failure to Understand Self-Defense Law Basics #9)

Jennifer Hendricks, Tracy Thomas, New Book The Oxford Handbook of Feminism and Law in the US, Gender & the Law Blog, (July 25, 2023).

Suzette Malveaux (panelist), Remedies Law Workshop: Unjust Enrichment Law, Immortal Human Cell Line, and the Henrietta Lacks Case, SEALs Conference (July 26, 2023), see notable mention by UIC Law Dean Nicky Boothe here.

Suzette Malveaux (discussant), The Future of Black Enrollment in Law Schools, SEALs Conference (July 24, 2023).

Blake Reid & the Samuelson-Glushko Technology Law & Policy Clinic, Sen. Markey, Rep. Eshoo Reintroduce CVTA to make Communication Technologies Accessible for Americans with Disabilities, Markey.Senate.gov, (July 25, 2023).

Daria Roithmayr, Emily Battaglia, Getting to know Prof. Daria Roithmayr, Colorado Law, (July 27, 2023).

Ahmed White, E. Tammy Kim, How UPS and the Teamsters staved off a strike for now, The New Yorker, July 27, 2023.

Charles Wilkinson, Naoiki Nitta, A Fight for Salmon Fishing Rights Connects Indigenous Peoples Across the Pacific Ocean, Civil Eats, July 26, 2023.

Korey Wise Innocence Project, Debra Cassens Weiss, Expert’s assertions about toolmark evidence lead judge to order new trial in pipe bombings, ABA Journal, (July 24, 2023).

Colorado Law, Bennito L. Kelty, ��«��Ƶ Holding Event to Help Immigrants With Questions about Immigration Law, Westword, (July 27, 2023).

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Getting to Know Prof. Daría Roithmayr

Anonymous — Wed, 26 Jul 2023 17:48:22 +0000

Getting to Know Prof. Daría Roithmayr Anonymous (not verified) Wed, 07/26/2023 - 11:48

Emily Battaglia

In August, Professor Daría Roithmayr will join the Colorado Law faculty as Professor of Law. Professor Roithmayr teaches and writes about persistent structural racism and racial exploitation. Her 2014 book, Reproducing Racism: How Everyday Choices Lock In White Advantage (NYU), explores how racial inequality structurally reproduces itself over time, even in the absence of intentional discrimination. Professor Roithmayr is currently at work on a number of projects that highlight the central role racial exploitation plays in capitalism.

Roithmayr previously taught at the University of Southern California and has been a visiting researcher at Harvard University and a visiting law professor at the University of Michigan, University of Chicago, Georgetown University Law Center, and Yale Law School.

In this interview, Professor Roithmayr sits down with Colorado Law’s Emily Battaglia to answer a few questions about her work and what she is looking forward to in her new position here at Colorado Law.

Hi Daría – thank you so much for taking the time to answer a few questions about your work and the expertise you will be bringing to the law school as a new faculty member. We can’t wait for you to join us!

DR: I am looking forward to it!

What excites you most about this new role here at Colorado Law?

DR: I am most excited about a new collaboration with colleagues at CU Anschutz. My collaborators and I are investigating the uneven impact of legal change on the public health and well-being of Colorado's marginalized communities. Our first project is to map for Colorado policymakers the impact of a recent change reducing the amount of fentanyl involved in drug use or distribution to be classified as a felony. Drawing on a range of data, including amazing data from the Rocky Mountain Data Research Center, we plan to map both direct and indirect effects of this legal change, not just on overdose behavior but on housing, food and financial security for those affected by the change in the law.

Sounds exciting! I heard you are working on a new project, Racism Pays – could you share some more about this and how it builds upon your previous publications?

DR: I am publishing Racism Pays with the Michigan Journal of Race and Law—it will be out very soon! This article is part of a larger body of research on racial exploitation. Racism Pays argues that some of our most celebrated innovations in the digital economy have gotten off the ground by racially exploiting workers of color, paying them less than the marginal revenue product of their labor for their essential contributions. Innovators like Apple and Uber have been able to racially exploit workers of color because workers of color have far fewer outside options than white workers, owing to intentional and structural discrimination against workers on the basis of their race. I build here on my earlier work on structural discrimination in labor markets, showing among other things that people of color have less network access to job referrals and job information for high-wage "good" jobs than white people.

I conclude the paper by arguing that exploited workers of color should be paid the marginal revenue product of their labor and should share in the profits of the innovation that they make possible. In the last section, I explore different ways to increase worker power to fight back against racial exploitation.

Outside of your new paper, are there any other current projects you'd like to provide more detail on?

DR: I am about to submit a new paper that investigates the contagiousness of police violence. Explanations for police violence focus on “bad-apple” officers or problematic department culture. Recent research suggests that violence may also spread contagiously, transmitting influence through the connections between officers on their professional network. My collaborators and I investigate whether police shootings spread via peer influence. We use data on police shootings and officer connections from the Chicago Police Department to map officers’ professional network, and then layer shootings onto that network. We then investigate whether exposure to earlier shootings by officers’ network neighbors affects the relative risk of later officer-involved shootings. We find statistical evidence suggesting that shooting behavior spreads from officer to officer via peer influence, even after controlling for potential observed confounding and accounting for unobserved confounding.

We are very excited about this project and its potential implications for policymaking in police departments. Proposed policy reforms might include changing the way officers interact with each other—with whom they are assigned, their organizational architecture–or inducing particularly influential officers to spread anti-shooting norms. Focusing on the social interactions among officers could prove essential to developing strategies designed to reduce police shootings. But first, we have more work to do to identify the mechanism that enables shootings to spread from officer to officer.

Your work is very interdisciplinary, with crossover into economics, sociology, political theory, history and complex systems theory. Can you expand on what drew you to this kind of thinking, and why it is important when exploring racial inequity and structural disparities?

DR: I study how racism emerges from local interactions among individual people, and between people and the social structures they create. Racism emerges not just from individuals interacting with each other, but also from the patterned interactions of people in a social network, a neighborhood, and ultimately across entire political economies, like the launch of the cotton economy in the U.S. South. To understand how this happens, I work across a diverse array of disciplines that investigate the patterns, systems, and histories of human social interaction. Increasingly, I am drawn to data-focused projects --like the police contagion project, and the data-focused analysis of fentanyl felonization.

I started thinking about racism as something that emerges from social interaction after reading a groundbreaking book by economist Brian Arthur, who described the economy in this dynamic way, as something that emerges at multiple scales from human interactions with each other and with markets.

Thank you so much, Daría, for your thoughtful answers. To conclude our conversation, I would love to know: what is your proudest career accomplishment so far?

DR: Developing this novel way of thinking about racism!

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