News

ICYMI: Faculty Publications, Media Mentions, and Faculty & Staff Activities

Emily Battaglia — Tue, 14 Jan 2025 19:51:45 +0000

ICYMI: Faculty Publications, Media Mentions, and Faculty & Staff Activities Emily Battaglia Tue, 01/14/2025 - 12:51

Faculty publications

Maryam Jamshidi, A Transformational Agenda for National Security, 2024 U. Chi. Legal F. 161 (Westlaw login required).

Melanie Kay, Ronald M. Sandgrund, & Lindley Brenza (participants), Does Law School Ethics Theory Translate to the Real World? Colorado Lawyer 20 (Dec. 2024).

Media Mentions

T. Markus Funk [Colorado Law adjunct] & Ella Ulhade, Trump's Likely Title IX Rule Reversals Will Bolster Due Process (January 4, 2025, Bloomberg Law).

[Blake Reid], Adi Robertson, TikTok's Last Stand: Supreme Court Hears Arguments Over Potential Ban, The Verge (Jan. 10, 2025).

[Blake Reid], Makena Kelly, The TikTok Ban Is More Likely than Ever, Wired (Jan. 10, 2025).

[Blake Reid], Will the Supreme Court ban TikTok? (Jan. 10, 2025)(Blake Reid & tech reporter Brian Fung debrief arguments on Twitch, Reid appearance begins around 3:16:50).

Faculty & Staff Activities

Paul Campos, Lawyers, Guns, & Money (Jan. 3-10), blog posts available here.

Christopher Mueller received the 2025 AALS John Henry Wigmore Award for Lifetime Acheivement in the Section of Evidence (awarded at the AALS Annual Meeting).

Schultz Lecture in Energy with Tommy Beaudreau, GWC (upcoming, Feb. 25, 2025).

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.

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ICYMI: Faculty Publications, Media Mentions, and Faculty & Staff Activities

Emily Battaglia — Mon, 06 Jan 2025 19:18:11 +0000

ICYMI: Faculty Publications, Media Mentions, and Faculty & Staff Activities Emily Battaglia Mon, 01/06/2025 - 12:18

Faculty Publications

T. Markus Funk [Colorado Law adjunct], Safeguard Business and Personal Reputations Using the Sharp Tool of a Defamation Action, Ohio St. L. J. (2025).

Jennifer Hendricks, Domestic Supply (A Feminist Proposal), 51 Hastings Const. L.Q. 177 (2024).

Derek Kiernan-Johnson, Purple Zones and Traffic Cones: Navigating Bluebook & Redbook Overlaps, 5 Proceedings 18 (2024).

Media Mentions

[T. Markus Funk]. Thy Vo, "These Attys Could Be Trump's Pick For Colo.'s Top Prosecutor," Law360 (December 17, 2024) (discussing Colorado adjunct Markus Funk as a contender for US Attorney).

[Sarah Matsumoto], Bobby Macgill, Haaland Leaves Lasting Tribal Legacy but Mixed Record on Energy, Bloomberg Law (Dec. 31, 2024).

[Wadie Said], Nimo Omer, Law, Order, and What the Future Might Hold for Palestine, The Guardian (Dec. 30, 2024).

[Mark Squillace & Andrew Teegarden, GWC], Heather Sackett, Part 2: Colorado Has Big Dreams to Use More Water From the Colorado River. But Will Planned Reservoirs Ever Be Built?, Aspen Journalism (Jan. 2, 2025)(Lexis login required).

[Korey Wise Innocence Project], Sam Tabachnik, CBI Identifies Problems With More Than 1K Cases, Denver Post (Dec. 24, 2024).

Faculty and Staff Activities

Paul Campos, Lawyers, Guns, & Money (Dec. 20-Jan. 3), blog posts available here.

Vivek Krishnamurthy, TLPC, & Bolo Bhi, TLPC & Bolo Bhi Explore Global Perspectives on Content Regulation, Samuelson-Glushko Technology Law & Policy Clinic (Dec. 20, 2024).

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ICYMI: Faculty Publications, Media Mentions, and Faculty/Staff Activities

Emily Battaglia — Wed, 18 Dec 2024 17:43:16 +0000

ICYMI: Faculty Publications, Media Mentions, and Faculty/Staff Activities Emily Battaglia Wed, 12/18/2024 - 10:43

Faculty Publications

Deborah J. Cantrell, EMOTIONS, ACTIVISM, AND SOCIAL CHANGE (Carolina Academic Press, 2024).

Jennifer Hendricks, Next Time Around: Abortion and Sex Equality, 63 American Studies

(2024).

Media Mentions

[Deep Gulasekaram], Elliot Davis Jr., Trump Teases Plan to End Birthright Citizenship. Can He? US News (Dec. 19, 2024).

Faculty & Staff Activities

Paul Campos, Lawyers, Guns, & Money (Dec. 6-13, 2024), blog posts available here.

[Immigration Clinic], Erin Calkins, Navigating Uncertainty: The Clinical Education Program Supports Immigrant Communities, Colorado Law (Dec. 12, 2024).

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Navigating Uncertainty: The Clinical Education Program Supports Immigrant Communities

Erin Calkins — Thu, 12 Dec 2024 21:44:54 +0000

Navigating Uncertainty: The Clinical Education Program Supports Immigrant Communities Erin Calkins Thu, 12/12/2024 - 14:44

Erin Calkins

Hunter Parnell ’26 and Natalie Mousa ’25, students in Colorado Law’s Immigration Clinic, share their experiences advocating for immigrant clients in the current political climate.

Why did you choose to participate in the Immigration Clinic?
HP: I chose the Immigration Clinic because I came to law school to become a public defender. Many clients who go through the criminal legal system also have immigration-related issues tied to their cases, and I wanted to learn how to support them effectively.

NM: I chose the Immigration Clinic for several reasons. I wanted to explore different areas of law, and this clinic gave me the chance to gain courtroom experience while also working on immigration and criminal law cases. Additionally, I have non-U.S. citizen family members and friends, and I wanted to learn more about immigration law to better support them.

How do you anticipate the election results affecting the clients you serve?

HP: For clients facing criminal charges with immigration consequences, they’re entitled to a public defender, which provides them some level of protection. But for people dealing only with immigration issues, the situation is much less certain.

We’re especially concerned about DACA (Deferred Action for Childhood Arrivals) and TPS (Temporary Protected Status) recipients. If the administration ends DACA and TPS, it’s unclear what will happen to these individuals. Many DACA recipients have lived in the U.S. since they were 1 or 2 years old, and without a path to citizenship, their futures are in limbo. Similarly, many TPS recipients have been in the U.S. for 10 to 20 years, and the countries they left are now unfamiliar to them.

There are over 1 million asylum seekers stuck in a backlog, and they face unique risks because they are not entitled to an attorney. This is a significant concern for the clinic because these individuals, who tried to follow the rules, will be the easiest targets for enforcement.

NM: I’ve been getting a lot of emails from clients who are worried about what’s going to happen. We don’t have many answers yet, but clients are eager to move forward with their cases out of fear that the new administration might delay or deny their applications. We’re trying to advise them on how to stay safe and navigate these uncertainties.

How might the clinic’s advocacy efforts change given the political climate?
HP: We’re focusing on outreach to these vulnerable communities. Our goal is to partner with organizations to provide education and resources so people are better prepared for what might happen.

NM: We’ve talked about hosting focus groups on areas the administration may target and holding more information sessions to provide general advice and resources. Our goal is to support as many people as possible.

What has been your greatest takeaway from your clinic experience so far?
HP: I’ve realized just how broken our immigration system is. Many people genuinely want to follow the rules, but the system makes it nearly impossible for them to comply. It’s a system built on luck.

For instance, if a DACA recipient marries a U.S. citizen, they have a pathway to citizenship. But if someone was brought here as a child without DACA protections, there’s no pathway at all. It’s fundamentally unfair and frustrating. This experience has opened my eyes to how many people in our communities have undocumented or uncertain statuses, and how difficult it is for them to navigate this system, even when they want to do things the right way.

NM: The courtroom experience has been invaluable. I’ve learned how to communicate with judges, handle opposing counsel, and navigate courtroom procedures. Building trust with my clients and knowing I’m making a positive impact in their lives has been deeply rewarding.

Hunter Parnell ’26 and Natalie Mousa ’25, students in Colorado Law’s Immigration Clinic, share their experiences advocating for immigrant clients in the current political climate.

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ICYMI: Faculty Publications, Media Mentions, and Faculty/Staff Activities

Emily Battaglia — Wed, 04 Dec 2024 17:42:28 +0000

ICYMI: Faculty Publications, Media Mentions, and Faculty/Staff Activities Emily Battaglia Wed, 12/04/2024 - 10:42

Faculty Publications

Harry Surden & Andrew Coan, Artificial Intelligence and Constitutional Interpretation, SSRN.com (Nov. 12, 2024).

Media Mentions

[Maryam Jamshidi], Sondos Asem, Why More than 500 Scholars Think Israel Should be Unseated from the UN, Middle East Eye (Nov. 8, 2024).

[Blake Reid], Academics Concerned Over Accessibility in Broadband, Media, Websites, Communications Daily (Nov. 12, 2024)(Lexis login required).

[Korey Wise Innocence Project], Shelly Bradbury, A Federal Law Mandated Oversight of Crime Labs, CBI Didn't Use It, Watchdogs Allege, Denver Post (Nov. 13, 2024).

Faculty and Staff Activities

[Nathan Boyer-Rechlin, GWC], GWC Welcomes New Acequia Assistance Project Director, Colorado Law (Nov. 7, 2024).

Paul Campos, Lawyers, Guns, & Money (Nov. 8-15, 2024), blog posts available here.

[Dale Hatfield, SFC ], Prominent Guest Talk from IMICS: The Dangers of Over-Hyping 5G and Emerging 6G Technologies, National Chengchi University (Nov. 13, 2024).

[Amanda Parsons], Paul Caron,Parsons & Viljoen: Valuing Social Data, TaxProf Blog (Nov. 14, 2024).

Harry Surden, Computable Systems and LLMS: Part 1, & Part 2, Monday Bagel Bytes: Legal Tech & AI Podcast (Nov. 2024).

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STUDENT ORG SPOTLIGHT: Military Law Society

Emily Battaglia — Wed, 04 Dec 2024 17:36:21 +0000

STUDENT ORG SPOTLIGHT: Military Law Society Emily Battaglia Wed, 12/04/2024 - 10:36

Emily Battaglia

Colorado Law student veterans make an exceptionally valuable impact on our community with their unique blend of discipline, leadership, and real-world experience.

“We're grateful to our student veterans for their service,” said Assistant Dean of Student Services Emily Horowitz. “Our school community is better for their presence in the classroom, in student organizations like the Military Law Society, and in their many leadership roles.

In Honor of Veterans Day, we are thrilled to highlight Colorado Law’s Military Law Society (MLS). We spoke to MLS President Zach Cohen ’25 to learn more about this student organization.

What are the primary goals of the Military Law Society?

ZC: The CU Military Law Society is an inclusive student-run organization designed to bring together military veterans, law students interested in pursuing military careers, and currently serving military members. Our goal is to help MLS members realize their career goals, whether that is military service as a JAG officer or transitioning into a non-military legal career. We will facilitate these goals by providing JAG interaction and information, furthering understanding of military life, networking with veteran attorneys and judges, and providing substantive professional information for those seeking to move into a non-military legal field.

How do you think veterans bring a unique perspective to legal practice?

ZC: A common theme amongst veterans is the general feeling that no matter what role they played in their respective services, the military often gives its servicemembers more responsibility than the individual thinks they are prepared for. In other words, service members are frequently required to perform in areas where they once lacked experience, but the very process of placing such large responsibility on individuals promotes self-confidence and improved problem-solving skills. This allows veterans to accept new responsibilities with profound confidence and flexibility as they pursue challenging higher education and career paths.

How do you help MLS members realize their career goals?

ZC: Mostly, MLS invites current and past Judge Advocates to speak to current law students about their experiences within military legal fields. For example, we hosted National Security Law Judge Advocates for a conversation about the Law of Armed Conflict. That session emphasized the laws of war and how the United States conducts wartime operations according to these laws.

Separately, MLS has partnered with CU’s Business School Veterans Club (Leeds Vets Club) for social events and networking opportunities in ways that are less common at law school. These joint events allow business and law students to interact (sometimes with employers) to gain a deeper understanding of each interests.

As someone who served in the military, how has your service influenced your approach to law school or your legal career path?

ZC: Serving in the military has given me a more profound sense of the rights and freedoms that are at stake both in America and throughout the world. Before law school, I had a general (and often nebulous) understanding of what rights our legal system guarantees, and as a result, which freedoms the military is asked to protect. As a law student, this experience has grounded these freedoms and rights in historical and legal conversations that further contextualize the actions I take in uniform.

Colorado Law student veterans make an exceptionally valuable impact on our community with their unique blend of discipline, leadership, and real-world experience. In Honor of Veterans Day, we are thrilled to highlight Colorado Law’s Military Law Society (MLS). We spoke to MLS President Zach Cohen ’25 to learn more about this student organization.

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Environmental Law Clinic Successes

Emily Battaglia — Wed, 04 Dec 2024 16:53:33 +0000

Environmental Law Clinic Successes Emily Battaglia Wed, 12/04/2024 - 09:53

Founded in 1978, the Getches-Green Natural Resources, Energy, and Environmental Law Clinic is one of the country's first environmental law clinics. Students in the clinic engage in litigation and related advocacy efforts, most commonly on behalf of national or local environmental groups. Clinic students draft pleadings and briefs, counsel their clients, develop case theories and legal strategies, participate in settlement negotiations, and, occasionally, present oral arguments in federal court. Read more about what the clinic has been up to this past year below.

Recent Successes

The clinic represented a community organization in southwest Oregon in a challenge to BLM’s program for vegetation management in the region. Students brought claims under the Federal Land Policy and Management Act and the National Environmental Policy Act. A student team drafted a motion for summary judgment last fall, and a response brief in the spring. A student argued a case in federal court last April. We received a partially-favorable decision in May, and now wait for that decision to be adopted by an Article III judge. Read more here.

A team of clinic students worked with the Getches-Wilkinson Center to research and draft an amicus brief on behalf of legal scholars in Utah’s and individual plaintiffs’ challenges to the restoration of Bears Ears and Grand Staircase-Escalante National Monuments. That collaboration served as a launchpad for renewing the past practice of hosting 10th Circuit oral arguments here at the law school. In September, the case was argued at Colorado Law, along with 4 other appeals. Learn more about the 10th Circuit Court of Appeals oral arguments.

Clinic students represented a client in a rulemaking proceeding held by the Energy and Carbon Management Commission. The proposed rules dealt with “cumulative impacts” from the industry, and were aimed at a category of pollution that can disproportionately impact lower-income communities and communities of color who are often already overburdened with pollution. A team of two students appeared before the Commission and presented the client’s suggested changes to the rules.

Current Happenings

Clinic students are currently working with a community group in their engagement with the Colorado Department of Public Health and Environment and Xcel over Xcel’s planned remediation of groundwater and coal ash landfills at the Valmont Station.

Clinic students are advising a neighborhood organization concerned about a proposed oil and gas development in their community. The team supported the client in preparation for a local public hearing and the hearing on the permit application.

Clinic students are working with a client interested in improving their state’s wildlife and endangered species laws. The students researched other states’ laws and assessed the current law to recommend potential improvements.
Clinic students are representing a regional environmental organization as an opposer in a water law proceeding. The students participated in a negotiation session with the applicant, and will be engaged in other litigation activities as the case proceeds toward trial.

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ICYMI: Faculty Publications, Media Mentions, and Faculty & Staff Activities

Emily Battaglia — Tue, 03 Dec 2024 17:04:39 +0000

ICYMI: Faculty Publications, Media Mentions, and Faculty & Staff Activities Emily Battaglia Tue, 12/03/2024 - 10:04

Faculty Publications

Lolita Buckner Inniss & Bridget J. Crawford, eds., Social Movements and the Law: Talking Black Lives Matter and #MeToo (University of California Press, 2024).

Mark Loewenstein, Reflections on the Implied Covenant of Good Faith and Fair Dealing Under Delaware Law: The Case of Sandbagging, 48 Del. J. Corp. L. 1 (2024).

Amanda Parsons, The Shifting Economic Allegiance of Capital Gains, 26 Fla. Tax L. Rev. 308 (2023).

Media Mentions

Violeta Chapin, CU Law Prof Violeta Chapin on Donald Trump's Migrant Deportation Plan, KOA Colorado's Morning News (Nov. 7, 2024).

[Sarah Matsumoto], Bobby Magill, Public Lands Outlook Under Trump to Face 'Copious Litigation,' Bloomberg Law (Nov. 7, 2024).

[Daria Roithmayr], Jenni Fink, Can John Roberts Survive a Trump Presidency?, Newsweek (Nov. 4, 2024).

Doug Spencer, CU Election Law Professor Doug Spencer Talks the Election Outcome, KOA Colorado's Morning News (Nov. 6, 2024).

[Doug Spencer], Election Law Professor Doug Spencer Discusses Voting Fraud and Security, KOA Colorado's Morning News (Nov. 5, 2024).

[Christina Stanton], Daliah Singer, Colorado Has Made it Easier for Native Communities to Vote, But Barriers Remain, Colorado Sun (Nov. 2, 2024).

[Colorado Law], Michael Karlik, Colorado Justices Speak Problematic Lawyering, International Law, Colorado Politics (Oct. 24, 2024).

Faculty and Staff Activities

Paul Campos, Lawyers, Guns, & Money (Nov. 1-8, 2024), blog posts available here.

[Dean Lolita Buckner Inniss], Black Lives Matter and #MeToo: New Book by Colorado Law Dean Lolita Buckner Inniss and Pace Haub Law Professor Bridget J. Crawford Shapes Global Conversation on Race, Gender, Justice, and Reform, Pace University (Nov. 4, 2024).

Book Launch: Social Movements and the Law (upcoming online event, Nov. 11, 2024 at 4pm MST).

[Deep Gulasekaram, Byron White Center], Reya Roussell, Fifth Circuit Judge Stephen A. Higgenson Provides Valuable Lessons at the 13th Annual Stevens Lecture, Colorado Law (Nov. 7, 2024).

[Deep Gulasekaram, Byron White Center], The Supreme Court of Colorado Visits Colorado Law, Colorado Law (Nov. 1, 2024).

Christopher Mueller to receive the 2025 AALS John Henry Wigmore Award for Lifetime Acheivement in the Law of Evidence and the Process of Proof (will be awarded Jan. 10, 2025 at the AALS Annual Meeting).

[Doug Spencer], Jennifer Soules, What a Second Trump Presidency Means Now and in the Future, CU ��«��Ƶ Today (Nov. 7, 2024).

[Getches-Wilkinson Center], Oliver Skelly & Aidan Sterns, Reflections on the Martz Symposium on Public Lands, GWC (Nov. 7, 2024).

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Fifth Circuit Judge Stephen A. Higginson Provides Valuable Lessons at the 13th Annual Stevens Lecture

Anonymous — Thu, 07 Nov 2024 19:04:27 +0000

Fifth Circuit Judge Stephen A. Higginson Provides Valuable Lessons at the 13th Annual Stevens Lecture Anonymous (not verified) Thu, 11/07/2024 - 12:04

Reya Roussel '25

The 13th Annual John Paul Stevens Lecture was held in the Wittemyer Courtroom on Thursday, October 24th. The Honorable Stephen A. Higginson joined the Byron R. White Center for the Study of American Constitutional Law to offer “The Nuremberg Trials: Lessons for Law Students, Lawyers, & Judges” to the Colorado Law community. Judge Higginson has served in the U.S. Court of Appeals for the Fifth Circuit since 2011 and is currently serving as the presiding judge of the Foreign Intelligence Surveillance Court of Review.

In 1988, Judge Higginson clerked for Justice Byron White and is the first former clerk to Justice Byron White to offer the Annual Stevens Lecture. The courtroom was packed with over 100 in-person attendees while nearly 200 attendees watched virtually.

In conversation with White Center Director, Professor Deep Gulasekaram, Judge Higginson analyzed the histories and decisions made by attorneys, judges, and medical professionals throughout the rise of the Nazi party, World War II, and the resulting Nuremberg Trials. Judge Higginson used his extensive research of the Nuremberg Trials to show how organizational affiliation can affect one’s legal career. Ambition and community dedication led early 20th century judges, doctors, and lawyers to support the rise of the Nazi Regime during a difficult time in Germany. The lesson here: even field experts and studied scholars can fall victim to group-think and the unfortunate subjugation of others. Judge Higginson warned the Colorado Law community to be wary of the organizations that can gain your loyalty and membership. These things can follow your career and affect your better judgment.

Second year law student McKenzie Porter attended the lecture and noted, “Judge Higginson’s lecture was an important reminder, especially as students in the day-to-day grind of law school, to look beyond our own goals and ambition when building our professional value systems and careers. Regardless of the role that affiliation in different groups might play in one’s life, it is definitely a danger when that leads to putting down others. It was interesting to hear about pockets of humanity in history: from those acquitted in the Nuremberg trials to the judges in Louisiana who resisted the external pressures and desegregated schools.”

Despite the risks that are associated with strong affiliations, Judge Higginson encouraged those with ambitions to become public servants and field experts. He instructed attendees to trust public servants and experts but never be afraid to question them; never be afraid to criticize judicial opinions and extrajudicial activities.; and make a point to participate in judicial selection and ethics. Porter added, “Nevertheless, accountability and open discourse is critical, so I definitely feel more confident to challenge assumptions or practices across the board after Judge Higginson so strongly encouraged it.”

After the lecture, several attendees accompanied Judge Higginson and several other Colorado jurists and attorneys for dinner. Students were able to connect with legal practitioners informally and share common experiences. Judge Higginson shared more intriguing stories throughout the evening. Porter expressed, “I really enjoyed the dinner afterward, particularly the chance to converse with a wide variety of people: from professors I haven’t taken yet, Colorado Law staff I had yet to meet, and Colorado Supreme Court justices that I had only ever seen from afar. It was wonderful!”

If you missed this event, take a moment to watch the lecture and take in Judge Higginson’s lessons for yourself. Join the Byron White Center in 2025 for more exciting events with distinguished speakers covering emerging developments in constitutional law.

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ICYMI: Scholarly Publications, Media Mentions, & Faculty Activities

Anonymous — Mon, 04 Nov 2024 16:23:21 +0000

ICYMI: Scholarly Publications, Media Mentions, & Faculty Activities Anonymous (not verified) Mon, 11/04/2024 - 09:23

Faculty Publications

Alexia Brunet Marks, Defining "Healthy" on Food Labels: One Step Forward, Two Steps Back, 31 Ind. J. Global Legal Stud. 47 (2024).

Staci Pratt, The Time Machine: Finding Historic Statutes and Procedural Rules in Colorado Colorado Lawyer 14 (Nov. 2024).

Media Mentions

[Violeta Chapin], Jennifer Brown & Ernesto Cabral, Colorado Has 78,000 Immigration Cases Pending -And The Worst Rate of Attorney Representation in the Nation, Colorado Sun (Oct. 28, 2024)

[Violeta Chapin], Jennifer Brown, There are 7,116 Immigration Cases Per Judge in Colorado, Leading to Calls for Expansion, Colorado Sun (Oct. 30, 2024).

Doug Spencer, June Grasso, DA Sues Musk and Appeal by Tapestry and Capri, Bloomberg Law Podcast (Oct. 28, 2024)(interview starts around 1 minute mark).

[Byron White Center], Craig Silverman, A Federal Judge Warns How Partisan Affiliations Can Threaten Democracy, Colorado Sun (Nov. 1, 2024).

[Colorado Law], Michael Karlik, "Not Gonna Pro Bono Our Way Out of This Problem": Justice Melissa Hart Speaks Solving Access to Justice, Colorado Politics (Oct. 31, 2024).

Faculty & Staff Activities

[Amy Bauer, Dean Lolita Buckner Inniss, Kris Jackson], Emily Battaglia, Colorado Law Hosts Women in Legal Education Conference, Colorado Law (Oct. 28, 2024).

Paul Campos, Lawyers, Guns, & Money (Oct. 25- Nov. 1, 2024), blog posts available here.

[Joan Policastri], Emily Battaglia, Wise Law Library Supports American Indian Law Program, Colorado Law (Oct. 28, 2024).

Gabrielle Daley (panelist), Margot Kaminski (presenter), Vivek Krishnamurthy (moderator), Blake Reid (presenter & conference organizer), Scott Skinner-Thompson (panelist), Harry Surden (moderator), Feminist Cyberlaw Symposium: Participatory Access and Governance (upcoming, Nov. 8, 2024).

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