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2014

Law School Clinics Tackle Big Issues
August 13, 2014  |  Law Week Colorado
At CU, five of the school?s six clinics will be active this year with a few big updates. Deborah Cantrell, associate professor and director of clinical education at CU?s law school, works with the school?s family law clinic, and although the clinic will not operate this academic year, family law clients will be helped through the civil practice clinic, which will also handle Social Security appeals and immigration asylum cases.

Court Ruling May Reverberate on 'Social Cost' of Carbon
July 23, 2014  |  Climate Central.org
If federal land management agencies have to consider how the carbon emissions of a fossil fuels project will affect climate change and how much money that will eventually cost cities and homeowners, it could convince the government to deny any new proposal to develop coal, oil, and natural gas on public lands, said Mark Squillace, a law professor and former director of the Natural Resources Law Center at the University of Colorado Law School.

How to Decide Which Tributaries to Guard Like the Rivers They Feed?
July 19, 2014  |  Summit Daily.com
The new rules are overdue but might not be enough to keep regulators out of court, says Mark Squillace, a water law expert at the University of Colorado Law School.

Boulder Pushes Forward With Condemnation Without PUC Ruling
July 17, 2014  |  The Boulder Daily Camera.com
But Richard Collins, a University of Colorado law professor, said the PUC has expertise that a district court judge may decide to defer to.

CU Accelerator Receives $100,000 Grant
July 17, 2014  |  Law Week Colorado
The University of Colorado Law School announced today that it has received a $100,000 grant from Access Group for its Tech Lawyer Accelerator program.

Dry Times, Smart Solutions
July 16, 2014  |  The Boulder Daily Camera.com
We may see record snow falls for the foreseeable future. Or we may not. Thanks to all we are learning about our changing climate, the smart bet is on the latter assumption.

How to Get What You Want from Customer Service
July 16, 2014  |  9news.com
Do a little research before you pick up the phone, says Amy Schmitz, a law professor at CU who specializes in consumer research. If you are calling about the terms of your contract with a company you should have read that contract in advance.

Focus on Asset Managers Highlights Bad Behavior by S.E.C.
July 16, 2014  |  dealbook.nytimes.com
It?s not a scandal if the Financial Stability Oversight Council decides to pass, said Erik Gerding, a University of Colorado law professor.

It's Hard Out There for a Pimp in the Digital Age
July 15, 2014  |  The Fiscal Times.com
University of Colorado law professor Scott R. Peppet said in a research paper. "Such signals matter: evidence suggests, for example, that sex workers proficient in English can charge higher prices and are more likely to attract customers, and that prostitutes willing to reveal an accurate picture of themselves command higher prices."

Tenth Circuit's Tymkovich Is 'Straight Shooter': Accessible Opinions Reflect Colorado Values
July 15, 2014  |  Bloomberg BNA United States Law Week
"The law is what the law is" is a simple mantra, and its brevity reflects the pragmatic philosophy of Judge Timothy M. Tymkovich of the U.S. Court of Appeals for the Tenth Circuit, his former clerks say.

Managing Partner Roundtable
July 14, 2014  |  Law Week Colorado
Print Edition

Silent Environmental Devastation
July 12, 2014  |  The Boulder Daily Camera.com Guest Opinions
There are an estimated 98,000 total ash trees in Boulder City alone, while the Denver metro area has an estimated 1.45 million of them. These lovely trees, make up around 15 percent of all the trees in Colorado, but constitute a much larger proportion within the northeastern part of the state, and the Boulder/Denver area. According to arborists, horticulturists and botanists, they can be saved through bark or trunk injections. But, they are doomed for destruction unless treated immediately.

Hall Is Complying with the Law
July 12, 2014  |  The Boulder Daily Camera.com Letters to the Editor
When a court, like the 10th Circuit, stays its decision, the stay merely means that the court will refrain from enforcing compliance with its decision. A stay does not in any way prohibit a state official from voluntarily complying with the law, which is what Ms. Hall is doing. Jennifer S. Hendricks and Frederic M. Bloom Professors at CU law school

Tech-Savvy Prostitutes Trade Pimps for Web Pages
July 11, 2014  |  NBCNews.com
University of Colorado law professor Scott R. Peppet said in a research paper. "Such signals matter: evidence suggests, for example, that sex workers proficient in English can charge higher prices and are more likely to attract customers, and that prostitutes willing to reveal an accurate picture of themselves command higher prices."

A Relentless Drought Is Forcing Las Vegas to Take Extreme Measures
July 10, 2014  |  Newsweek.com
Doug Kenney, director of the Getches-Wilkinson Center for Natural Resources, Energy and the Environment's Western Water Policy Program, at the University of Colorado Law School, also gives Las Vegas water management high marks. "People like to cast a critical eye on Las Vegas regarding water use, but in general, it has shown a lot of leadership in municipal water conservation, and it has been one of the strongest voices calling for improved management of the river as a whole," he says.

After the Freak-Out Over Facebook's Emotion Manipulation Study, What Happens Now?
July 10, 2014  |  Forbes.com
"A statistician who lives in Silicon Valley is a 'data scientist,'" says Paul Ohm, a law professor at the University of Colorado.

Defining Water's Future: EPA Proposes New Rule to Correct Decades of Confusion
July 10, 2014  |  Missoula Independent.com
Mark Squillace is a contributor to Writers on the Range, a syndicated opinion column service of High Country News (hcn.org).

Aereo's Bid for Comeback Hinges on Cable License
July 10, 2014  |  The Wall Street Journal

In Colorado, Same-Sex Marriage Battle Waged in County Clerk's Office (+video)
July 9, 2014  |  The Christian Science Monitor.com
"It's not going to influence the course and path of the primary litigation on the validity of same-sex marriage bans,"says Jennifer S. Hendricks, a law professor at the University of Colorado in Boulder.

Another Unique Gay Marriage Battle: Clerk Defies Colorado Law
July 9, 2014  |  FindLaw.com
In essence, Hughes is arguing that Hall shouldn't have to comply with the law because by doing so, she would violate the rights of others and open herself to a lawsuit, as there is no binding court order requiring her to comply. It's an interesting argument, one that University of Colorado law professor Jennifer S. Hendricks agreed with.

It's Official: Colorado Oil Shale Development Would Use Tons of Water,
July 8, 2014  |  KUNC.org
That seems pretty unlikely, said Doug Kenney, director of the University of Colorado's Natural Resources Law Center's Western Water Policy Program.

Brief of Amici Curiae International Law Professors in Support of Reversal
July 8, 2014  |  Chevron Corp. v. Donziger, No. 14-826(L)
Professor Anna Spain Associate Professor of Law University of Colorado Law School Boulder, CO USA

AG John Suthers Sues to Stop Boulder County Clerk from Issuing Same-Sex Marriage Licenses
July 3, 2014  |  The Boulder Daily Camera.com
University of Colorado School of Law professor Jennifer S. Hendricks said Suthers' latest move is "not surprising, given what he has been saying publicly" about trying to halt Hall's actions.

Colo. AG Suthers Seeks to Suspend Litigation Over Same Sex Marriage
July 2, 2014  |  The Denver Post.com
Suthers' options for moving forward are few and simple, said Jennifer S. Hendricks, a professor at the University of Colorado's law school. She said the easiest and most likely step would be to ask a Boulder District Court judge to order Hall to follow state law until a court declares Colorado's ban on-gay marriage unconstitutional.

Rumble in the Rockies
July 2, 2014  |  Out Front
Jennifer S. Hendricks, an associate professor of law at the University of Colorado Boulder, emphasized that the core legal argument from the plaintiffs, taken from the Windsor case regarding equal protection, was aimed at Colorado's atypical stance of invalidating out-of-state, same-sex marriages.

Boulder Clerk Defies Suthers, Continues Issuing Same-Sex Marriage Licenses
July 1, 2014  |  The Denver Post.com
Jennifer Hendricks, a professor at the University of Colorado law school, said the confrontation between a county clerk and a state attorney general was unique, but the question the two raise has appeared in same-sex litigation across the country.

Law Firms See Big Benefits from Opening of New Patent Office
June 30, 2014  |  The Denver Post
University of Colorado at Boulder Law School dean Phil Weiser said the opening of the USPTO is a step in Colorado's rising prominence in technology and intellectual property over the past 15 to 20 years.

U.S. Patent and Trademark Office to Open in Denver Monday Morning
June 30, 2014  |  JD Journal.com
Weiser said that the office opening in Denver is a step in the right direction for Colorado to grow as a rising power in intellectual property.

Justices Rule Against Obama on Recess Appointments
June 27, 2014  |  Philly
As a result, the case - the court's first ruling on the subject - will make the recess-appointments power "almost wholly unusable," said Harold Bruff of the University of Colorado Law School, author of a forthcoming book on presidential powers.

State Lawmaker, Partner Among 30 Same-Sex Couples to Get Marriage License in Boulder County Thursday
June 26, 2014  |  The Denver Channel
"So far the statements coming from that office seem to indicate that they want people to know what they think the law is, but they haven't indicated they're going to take any formal action," said University of Colorado law professor Jennifer Hendricks.

Boulder County Clerk: 'We Really Feel These Are Legal, Valid Marriage Licenses,'
June 26, 2014  |  Boulder Daily Camera
University of Colorado law professor Jennifer Hendricks said Thursday that, in her opinion, Hall's issuance of the licenses is in a good position, legally speaking. Hendricks, an expert in family and reproductive law, said that while the 10th Circuit has not ordered compliance with its ruling, it has said that allowing same-sex couples to marry is the law in its jurisdiction, which includes Colorado.

Emboldened by Utah Ruling, Colorado Clerk Issues Gay Marriage Licenses
June 26, 2014  |  Reuters
Should the state attorney general take action to halt the marriages, he could be in for a tough fight, according to Jennifer Hendricks, a family and constitutional law expert at the University of Colorado.

Challenges of Captioning and Copyrights
June 26, 2014  |  Media Access Australia
Blake E. Reid: In an ideal world, the creators of videos would always include captions and descriptions to ensure that people with disabilities could access them on equal terms. This would mean treating captions and descriptions with the same care and attention given to the audio and visual content in a video.

Writers on the Range: Let's Protect All Our Nation's Water
June 26, 2014  |  Summit Daily
The Environmental Protection Agency recently proposed a new rule to define the term "the waters of the United States" as used in the federal Clean Water Act. If you care about protecting our nation's waters and wetlands, and if you care about government efficiency, then you should support this rule. Here's why.

Reassessing Reversal of Adversary to S.E.C.: Rethinking Court's Reversal of S.E.C. Challenger,
June 13, 2014  |  The New York Times
The court "is basically making it next to impossible to review any kind of settlement," said Erik Gerding, associate professor at the University of Colorado Law School.

Law by algorithm: Are computers fairer than humans?
June 12, 2014  |  NewScientist
We shouldn't expect to see computers sitting in the judge's chair any time soon, says Harry Surden at the University of Colorado. He warns that bringing machines into the law could imbue us with a false sense of accuracy. Two algorithms could take the same data and come up with different analyses, he says. He can even imagine a time when the prosecution and the defence pit their "expert" machines against each other.

Students Focused On Giving Back
June 11, 2014  |  Law Week Colorado
Colorado Law's Byron R. White Center for Constitutional Law has been running its constitutional literacy programs since 2011 and has largely depended on "a combination of a lot of volunteer effort and private fundraising," according to professor Melissa Hart.

Public Knowledge and Rep. Zoe Lofgren to Host DMCA Reform Panel on Capitol Hill
June 11, 2014  |  Public Knowledge news blog
Join Public Knowledge, Rep. Zoe Lofgren (D-CA) and an expert panel (including Blake Reid) to discuss the problems the DMCA poses for consumers, innovators, researchers, and farmers.

Polis: Email Privacy Fears Could Cost American Jobs
May 30, 2014  |  Boulder County Business Report
Paul Ohm, an associate professor at the University of Colorado's law school, acknowledges that fishing expeditions by government agencies to snare broad swaths of content might be possible in theory but aren't realistic because of service providers' ability to go to court in an attempt to quash subpoenas they believe are overreaching.

Nobody Is Neutral About Net Neutrality
May 27, 2014  |  Scientific American
Philip J. Weiser, dean of the University of Colorado Law School, agrees that reclassification could be "hard." He notes, "The second issue is there is a lot of legacy regulation that the FCC would presumably not want to apply."

Michigan Can't Sue Tribe Over Casino Built Off Reservation; Tribe Is Immune
May 27, 2014  |  BNA United States Law Week
Richard B. Collins, a professor at the University of Colorado Law School, Boulder, Colo., whose scholarship focuses on Indian law, predicted to BNA that the tribe will not try to reopen the controversial casino, meaning the dispute will "most likely" still settle in favor of the state even though the tribe prevailed here.

Professor Boyd Speaks About Climate Change
May 23, 2014  |  BBC World Service News
Professor William Boyd discusses climate change mitigation.

The Making and Unmaking of Immigration Policy Post-DACA by Ming Hsu Chen
May 23, 2014  |  ImmigrationProfBlog
In the last two years, all three branches of the federal government and states-localities have weighed in on immigration policy. In light of this expanding policy landscape, this Article attempts to provide new frameworks for thinking about the politics of immigration.

What Net Neutrality Means for Colorado, and Why You Should Care
May 21, 2014  |  Colorado Public Radio
Weiser says the FCC does have a role in protecting net neutrality, but that Internet providers should have the option of making deals with content companies to provide them better service, particularly when it comes to certain parts of the online infrastructure.

UPDATE: 5 things you won't learn from reading Geithner's book
May 16, 2014  |  Morningstar
"There is something to be said for redacting in the midst of a crisis. But years after the fact there is less need for redaction and more need for accountability," said Eric Gerding, a law professor at the University of Colorado and the author of "Law, Bubbles, and Financial Regulation."

High Court Rules Affirmative Action Dead in Michigan
May 15, 2014  |  American Free Press
Professor Scott Moss, who specializes in constitutional law at the University of Colorado Law School, added, "I think the states' rights trend has been in place since the 1990s and the court has been expanding states' rights since then."

In the Matter of Protecting and Promoting the Open Internet, Notice of Proposed Rulemaking
May 15, 2014  |  GN-Docket No. 14-28
In 2004, former Chairman Michael Powell first articulated basic guiding principles for preserving Internet freedom in an address at Silicon Flatirons.

Health Research Restricted By Colorado's Records Laws
May 14, 2014  |  Community Radio For Northern Colorado
Dayna Matthew, a health law professor at the Wolf Law School at the University of Colorado in Boulder, said it would take a change in the law by the Colorado general assembly to loosen the restrictions

FCC Vote Could Determine How Fast, Well, Cell Phones Work
May 14, 2014  |  USA Today
There are also larger questions, such as whether broadcasters sell in sufficient numbers to get a crucial mass of spectrum, said Philip Weiser, dean of the University of Colorado Law School in Boulder and an expert on telecommunications law.

The Net Has Never Been 'Neutral,'
May 13, 2014  |  The National Law Journal
Kevin Werbach, a business professor at the University of Pennsylvania, and Phil Weiser, the dean of the University of Colorado Law School, are both supporters of net-neutrality regulations. But in a recent Huffington Post op-ed, they emphasized that there's nothing new about companies paying for better Internet service.

Understanding the New Battle Over Net Neutrality
May 12, 2014  |  HBR.org
If Internet openness really is as great as it seems to be, one line of reasoning goes, then it will win out in the end anyway. The counterargument, made in economist Joseph Farrell and legal scholar Phil Weiser's 2003 paper "Modularity, Vertical Integration, and Open-Access Policies," is that if firms in gatekeeper positions such as broadband providers have monopoly power, they may do things that are in their own short-term interest yet reduce the overall economic value of the networks to which they provide access.

Defending the Open Internet
May 10, 2014  |  The New York Times
Some scholars say there are merits to the F.C.C..'s apparent approach. Phil Weiser, dean of the University of Colorado Law School, said, common-carrier regulation "is not a panacea." If the F.C.C. were to use it, he said, there would most likely be years of litigation. Even if the classification withstood a legal challenge, he said, it might not improve the situation. Priority service would presumably be permitted for a "reasonable fee" so long as that fee was offered to everybody.

Lots of Health Apps Are Selling Your Data. Here's Why
May 9, 2014  |  Lifehacker.com
Scott Peppet, a University of Colorado law school professor, agrees that companies like Fitbit will eventually move toward sharing this data. "I can paint an incredibly detailed and rich picture of who you are based on your Fitbit data," he said at a FTC conference last year."That data is so high quality that I can do things like price insurance premiums or I could probably evaluate your credit score incredibly accurately."

10 Things to Know About BEN, Blackstone, and Colorado's Gazelles
May 8, 2014  |  Xconomy
For a detailed look at BEN Colorado and what it hopes to accomplish, Xconomy talked with BEN Colorado executive director J.B. Holston and Phil Weiser, dean of the University of Colorado Law School and executive director of Silicon Flatirons, a research center at the law school.

Small Cells Mean Orders of Magnitude More Backhaul Connections
May 7, 2014  |  Boursorama Banque
That leads Professor Phil Weiser, Dean of the University of Colorado Law School, and Silicon Flatirons Center executive director, to quip that "Wi-Fi offload saved AT&T" when the Apple iPhone was launched.

"Future of Law School Innovation"
May 7, 2014  |  Brian Leiter's Law School Reports
A recent conference at the University of Colorado School of Law organized by Dean Phil Weiser, video of which is on-line for viewing. An interesting line-up of speakers, though I haven't had a chance to view all the proceedings. (It is striking, of course, which self-serving charlatan, nominally on the Colorado faculty, was missing from the program, and for obvious reasons.)

Why Your Technical Staff Needs to Pay Attention to the SGIP Meeting Happening Now
May 6, 2014  |  SmartGridNews.com
When asked for his view of the future smart grid, Phil Weiser said: "There are significant opportunities to leverage open networks and the 'apps economy' of the 21st century. The electric power industry, in particular, has a significant opportunity to focus on the smart grid as a way to connect to the 'apps economy' to drive innovation similar to what the telecom industry has done with its platforms."

Supreme Court Justice Antonin Scalia to Speak at CU-Boulder on Oct. 1
May 5, 2014  |  Boulder Daily Camera
Scalia was appointed to his Supreme Court seat by President Ronald Reagan in 1986. In his more than 30 years on the bench, Scalia has established himself as a conservative justice who advocates for interpreting the Constitution as its authors originally intended.

Priorities Have Changed in Water Management
May 4, 2014  |  Albuquerque Journal
One of the best developments for the environment in the West has been the quiet but deep revolution in federal water policy. Over the course of the past quarter century, we have moved from a dam-and-reservoir, build-at-any-cost mentality to a multifaceted approach that respects all that we need from, and love about, rivers.

Gov. Mead v. EPA: Wyoming's Expanding Environmental Battle
May 3, 2014  |  Wyoming Trib.com
"I'm not sure why they joined the lawsuit," said Mark Squillace, a professor of natural resource law at the University of Colorado at Boulder.

Proposed Water Diversion and Gross Reservoir Expansion May Trigger All-Out Water War
May 1, 2014  |  Boulder Weekly
"At a time when the Bureau of Reclamation has told us that water demand in the Colorado [River] basin now exceeds the available supply, it seems somewhat foolhardy to be taking more water out of the basin," says Mark Squillace, also a law professor at CU's Natural Resources Law Center.

Denver Won't Hold Inmates Solely on Immigration Status
April 30, 2014  |   The Denver Post
They also separate families and create mistrust in minority communities, said Violeta Chapin, a University of Colorado professor who works with law students to provide legal services to indigent clients.

Law School Leaders Are Dividing into Two Camps: Stuck v. Serious
April 30, 2014  |  ABA Legal Rebels: The New Normal
Three of the most serious deans - Phil Weiser from Colorado, Dan Rodriguez from Northwestern and Trish White from Miami - were key players at the Future of Law School Innovation conference at Colorado Law last week and see various videos linked.

Three Interesting Books
April 28, 2014  |  Business Law Prof Blog
Gerding is a law professor at the University of Colorado. He examines the history and causes of market bubbles, with special attention to the crisis of 2007-2008, and attempts to fight bubbles. It's a fairly expensive book so, with apologies to Erik, I suggest you try to find it in your library if you can. If they don't have it, do what I did and ask your library to order it. An introductory chapter is available here.

The Perfect and the Good on Network Neutrality
April 27, 2014  |  The Huffington Post's 'The Blog'
At this moment, with the exception of one company subject to merger conditions, broadband access providers in the United States aren't legally prohibited from blocking competitors' content, arbitrarily degrading unaffiliated services, favoring their own content artificially or offering prioritization deals solely to favored partners. Any of these practices would cause damage to the innovative dynamism and openness of the Internet. And there's reason to think that, without regulatory oversight, those harms might be realized. After all, they have been before.

Silicon Flatirons helps form entrepreneurial network
April 23, 2014  |  Boulder County Business Report
The Blackstone Charitable Foundation donated the $4 million. The foundation along with U.S. Sen. Michael Bennet, D-Colo., Gov. John Hickenlooper and the Silicon Flatirons Center for Law, Technology, and Entrepreneurship at the University of Colorado-Boulder's law school, have worked over the past year to create the network.

Colorado gets $4M entrepreneurship grant
April 23, 2014  |  Daily Camera
Blackstone Charitable Foundation, the company's philanthropic arm, worked closely with Gov. John Hickenlooper and Sen. Michael Bennet, D-Colo., as well as the University of Colorado Law School, to successfully bring the grant here.

Blackstone Charitable Foundation Commits $4 Million to Establish Blackstone Entrepreneurs Network in Colorado
April 23, 2014  |  25 CNBC
The Blackstone Charitable Foundation, together with Colorado U.S. Senator Michael Bennet and the Silicon Flatirons Center for Law, Technology, and Entrepreneurship at the University of Colorado Law School, today announced the launch of the Blackstone Entrepreneurs Network (BEN), a three-year initiative to help Colorado jumpstart the development of high-growth companies with the greatest potential to create new jobs in the region.

Court's affirmative action ruling: A step toward respecting states' rights
April 22, 2014  |  The Washington Times
In reference to the recent Supreme Court upholding Michigan's affirmative action ban, Scott Moss pointed out that justices cited a number of different reasons for their decisions, but that the court as a whole is shifting away from federal power and leaning toward respecting states' rights. Read more: http://www.washingtontimes.com/news/2014/apr/22/supreme-courts-affirmative-action-ruling-a-step-to/#ixzz2zpyHyTBW Follow us: @washtimes on Twitter

CU law school to get its largest gift ever
April 17, 2014  |  9News
The University of Colorado Boulder Law School Wednesday announced it will receive $10 million in a bequest - the largest cash gift in its history - to endow two new faculty chairs.

Bellagio Fountains Blast as Vegas Glitz Obscures Drought
April 13, 2014  |  Bloomberg
The 2 million residents and 43 million visitors a year in the Las Vegas area might never know that their principal water supply, Lake Mead on the Colorado River, is almost the lowest since Hoover Dam created it in 1936. "It has a lot to do not with what happens in Vegas, but what happens in California, Arizona and even Mexico," where the river ends, said Douglas Kenney, director of the Western Water Policy Program at the University of Colorado Law School in Boulder.

Law professor reviews shale gas boom and regulation
April 13, 2014  |  The Athens News
Delivering a public lecture, law professor William Boyd of the University of Colorado at Boulder spoke Thursday night on the recent increase of shale gas use and production to a small local crowd in Ohio University's Scripps Hall. "The most interesting and important aspect of coming to terms with shale gas is how we deal with these issues of communities that are being impacted by this and their struggle for local control," he said.

Grads Find New Path To Job Market
April 11, 2014  |  Law Week
Colorado's two law schools have seen continued progress in graduate employment following the recession, but new data suggests the legal industry is finding a new normal. The ABA last month released data on graduate employment for law schools. For the University of Colorado School of Law and the University of Denver's Sturm College of Law, there has been progress in the number of legal graduates finding work.

Arguments heard in Boulder's appeal of 'fighting words' ruling
April 10, 2014  |  The Daily Camera
In June, Judge Thomas Reed dismissed a fighting words ticket against Boulder resident Camille Lafont after her attorney filed a motion challenging the constitutionality of the city's 33-year-old "fighting words" ordinance. Reed, a retired county court judge who at the time was filling in for Municipal Judge Linda Cooke, agreed with Lafont's attorney, Kevin Cheney, that the law was unconstitutional. Cheney, Lafont's attorney and a student lawyer with the University of Colorado Criminal Defense Clinic, said without an element of intent, the ordinance could be more broadly applied and therefore used to chill free speech.

Bill Could Create Pipeline for Rural Das
April 8, 2014  |  Law Week
A Senate bill introduced last week could provide a new pipeline of prosecutorial talent into Colorado's more far-flung judicial districts. Senate Bill 174, introduced by Sen. Rollie Heath, a Democrat, would establish fellowships for law graduates from DU's Sturm College of Law and the University of Colorado School of Law to practice as deputy district attorneys for one year.

Don't let the regulatory past be the prologue for Uber
April 8, 2014  |  The Denver Post
Written by Dean Phil Weiser - The history of regulation, it is sometimes said, is that "new entrants into a market are regulated because established providers want it that way." When trucking began to compete with railroads, for example, the policy response - pushed by the railroad companies - was to regulate trucking (by the Interstate Commerce Commission). When cable companies challenged the established broadcasters, the broadcasters pushed for regulations on cable TV providers. And so it goes with taxicab regulation.

Article of the Month: Peter H. Huang, Tiger Cub Strikes Back: Memoirs of an Ex-Child Prodigy about Legal Education and Parenting
April 1, 2014  |  Institute for Law Teaching and Learning
Peter Huang, in his memoir-styled law review article, raises a very basic question: Does legal education help students achieve career fulfillment and lifetime satisfaction? In other words, are we helping our students become happy?

The Best Schools for Public Interest Law
March 14, 2014  |  The National Jurist
The National Jurist ranked Colorado Law as #15 in the nation for Public Interest Law.

What Entrepreneurs Can Learn from Sci-Fi: Previewing CU Law's Event
March 13, 2014  |  Xconomy
Brad Bernthal: People come to Silicon Flatirons events for insights that are one-to-three years out. When Silicon Flatirons is on its game, attendees peek around the corners of what might be coming next, and what the causes of those events will be.

CU-Boulder Law School to host Bruce Babbitt for public lecture on oil and gas
March 12, 2014  |  The Daily Camera
The University of Colorado Law School is hosting former Secretary of the Interior Bruce Babbitt for a public lecture on Monday. Babbitt will discuss oil and gas operations on public lands in Colorado during a free talk titled "Are Colorado Public Lands Becoming a Sacrifice Zone for Oil and Gas?"

Law Schools Work to Make Students More Employable
March 11, 2014  |  U.S. News
Welcome to the new normal for anyone considering law school: The people who have the best shot at landing a job these days have carved a strategic path from the get-go. "It used to be the case that you could be a generally smart person and rely on getting a job," says Phil Weiser, dean of the University of Colorado - Boulder Law School. "Those days are over."

Which is the best law school in Colorado?
March 11, 2014  |  Denver Business Journal
U.S. News & World Report's annual ranking of the best graduate schools includes two Colorado universities considered to have the best law schools. In Colorado, the University of Colorado Boulder had the highest ranking, at No. 43 (in a tie with Washington and Lee University).

Colorado coal revenues high, but GAO says sloppy leasing cost millions
March 9, 2014  |  The Denver Post
The U.S. and Colorado have lost millions of dollars on public-land coal leases because the Bureau of Land Management sold them at below-market value, according to government audits. "The problem is systematic," said Mark Squillace, director of the Natural Resources Law Center at the University of Colorado at Boulder. "The whole program is broken."

Are coal companies paying fair market value for leases on public lands?
March 7, 2014  |  High Country News
Coal boosters are fond of decrying the Obama Administration's supposed "War on Coal" - and to be sure, U.S. Environmental Protection Agency regulations limiting carbon emissions from power plants aren't doing industry any favors. "I call the comparable sales approach the 'garbage in, garbage out' approach," says Mark Squillace, director of the Natural Resources Law Center at the University of Colorado Law School.

Best Schools for Practical Training
March 1, 2014  |  The National Jurist
University of Colorado Law offers a strong focus on entrepreneurial law, a winter session and expanded first-year elective programs.

The Drying Of The West
February 23, 2014  |  Business Insider
The first rule for staying alive in a desert is not to pour the contents of your water flask into the sand. Douglas Kenney of the University of Colorado Law School predicts "a new era" of water management. One still occasionally hears grand talk of transporting water from the Missouri river, or of ferrying icebergs from Alaska, but these pipe dreams are giving way to a focus on conservation and reform.

Boulder DA making increased use of grand juries
February 22, 2014  |  The Daily Camera
It meets in secret, a group of 16 Boulder County residents poring over evidence from some of the most complex criminal cases in the county. The benefits of using a grand jury lie primarily in the jury's subpoena power. University of Colorado law professor Mimi Wesson said grand juries can use that power to summon witnesses who may have been uncooperative or obtain documents that weren't available to police. "It's a lot harder to resist a grand jury subpoena than the request of a police officer that you talk to him," Wesson said.

Same-sex couples file suit to overturn Colorado gay marriage ban
February 20, 2014  |  Colorado Public Radio
Nine same-sex couples filed a lawsuit Wednesday aimed at overturning Colorado's constitutional ban on gay marriage. Neither the plaintiffs nor their lawyers were willing to talk with the press Wednesday, but University of Colorado law professor Jennifer Hendricks said having so many couples involved in the lawsuit will allow attorneys to bring up a broad range of ways in which not being able to marry affects couples.

FCC Chairman Tom Wheeler: Agency has the authority to preserve open Internet
February 10, 2014  |  Bloomberg Businessweek
Federal Communications Commission Chairman Tom Wheeler on Monday reasserted that his agency has the authority to preserve the open Internet and will take active steps to do so. Wheeler on Monday delivered the closing keynote speech at a two-day telecommunications law conference hosted by the University of Colorado's Silicon Flatirons Center for Law, Technology and Entrepreneurship.

FCC Chairman Tom Wheeler says next move on net neutrality will come soon
February 10, 2014  |  The Denver Post
The Federal Communications Commission wants to maintain an "open Internet" and will soon disclose how it plans to do so. "In the coming days, I will be outlining how we propose to proceed," FCC Chairman Tom Wheeler said Monday at a Silicon Flatirons conference at the University of Colorado at Boulder.

Industry and Congress Await the F.C.C. Chairman's Next Moves on Internet Rules
February 9, 2014  |  The New York Times
In his first 100 days as the chairman of the Federal Communications Commission, Tom Wheeler persuaded mobile phone companies to agree on rules about unlocking consumers' phones, cemented an effort to increase the reliability of calls to 911, proposed tests to do away with old-fashioned telephone networks and freed $2 billion to connect schools and libraries to the Internet. "His goal is to determine how the agency as an institution will develop and evolve in a more advanced technological arena," said Phil Weiser, the dean of the University of Colorado law school.

Fish Wars victory still a success for South Sound tribes 40 years later
February 9, 2014  |  The Olympian
A chair sat empty on the stage of the Squaxin Island Tribe's Skookum Creek Event Center near Shelton last Wednesday in front of several hundred Western Washington Indians who gathered to celebrate the Boldt Decision, a federal court ruling issued Feb. 12, 1974, affirming their treaty rights to half of the region's harvestable salmon. "In 1970, Boldt and the court system knew next to nothing about tribal sovereignty and Indian law," concurred Charles Wilkinson, a University of Colorado law professor and author of 14 books on Indian law.

Bill offers tuition break for tribes
February 5, 2014  |  The Durango Herald
American Indians from 48 tribes would be eligible for in-state college tuition anywhere in Colorado under a bill that advanced Wednesday at the Legislature. Carla Fredericks said she couldn't have afforded to go to CU if she lived on her home reservation in North Dakota. "House Bill 1124 helps ensure that the future leaders of Indian Country will have access to the type of resources that CU provides," she said.

How to Complain
February 4, 2014  |  Kiplinger
Whether it fills you with dread or gets your adrenaline pumping, confronting a business about a problem with a product or service is a task that takes time and patience. "The representative will realize that you know what you're talking about," says Amy J. Schmitz, professor of law at the University of Colorado.

Are Fitbit, Nike, and Garmin Planning to Sell Your Personal Fitness Data?
January 31, 2014  |  Mother Jones
Lately, fitness-minded Americans have started wearing sporty wrist-band devices that track tons of data: Weight, mile splits, steps taken per day, sleep quality, calories burned - sometimes, even GPS location. Scott Peppet, a University of Colorado law school professor, agrees that companies like Fitbit will eventually move toward sharing this data. "I can paint an incredibly detailed and rich picture of who you are based on your Fitbit data," he said at a FTC conference last year.

Western residents face threat of water rationing as feds reduce water flow
January 28, 2014  |  Fox News
For years, experts have been warning people in the American West they will have to make do with less water in the future. That dryer future already may have arrived. "Demands on the river have been creeping up over the last hundred years now," according to Doug Kenney, director of the Western Water Policy Center at University of Colorado Law School.

Essential for Those Who See Legal Research Education as Fundamental to Legal Education
January 27, 2014  |  Hein
Edited by Susan Nevelow Mart: the Boulder Statements on Legal Research Education envision legal research education as an intellectual, analytical, and iterative process. The statements' goal is to teach students to think strategically about their research processes, understand the sources they are using and why they are useful.

New Executive Director At Getches-Wilkinson Center
January 22, 2014  |  Law Week Colorado
The University of Colorado Law School announced today that Britt Banks has been appointed as executive director of the Getches-Wilkinson Center for Natural Resources, Energy and the Environment.

Boulder's Silicon Flatiron conference looks to play role in future of open Internet
January 19, 2014  |  Bloomberg Businessweek
It was a discussion at a 2003 Silicon Flatirons conference that contributed to Columbia Law School professor Tim Wu's coining of the concept of net neutrality - a regulatory regime designed to ensure open access to the Internet. Last week's ruling could result in broadband providers charging "edge providers" such as YouTube and Google to deliver priority services, said Philip J. Weiser, dean of CU's Law School.

Apple needs to take its lumps over antitrust monitor
January 17, 2014  |  San Jose Mercury News
It looks like Apple (AAPL) is stuck with its court-appointed antitrust monitor, for now, despite the company's best efforts to shake him off like a Chihuahua locked on a leg. "When you lose a case, you lose the benefit of doubt," said Philip Weiser, the dean of the School of Law at the University of Colorado Boulder and a former U.S. deputy assistant attorney general. "The sooner the company accepts this and tries to work with the monitor, the better it will serve them."

Secretary Jewell Announces Board of Trustee Selections for Cobell Education Scholarship Fund
January 15, 2014  |  U.S. Department of the Interior
The Secretary of the Interior, Sally Jewell, announced today the selections of her appointees to the Board of Trustees for the Cobell Education scholarship fund. Dr. Jean O'Brien (Minnesota Chippewa Tribe, Mississippi Band of the White Earth Ojibwa) and Pamela Agoyo, (Kewa, Cochiti and Ohkay Owingeh Pueblo ancestry) will join Carla Fredericks (Three Affiliated Tribes of North Dakota), selected by the American Indian College Fund, Turk Cobell (Blackfeet) and Alex Pearl (Chickasaw Nation of Oklahoma), selected by the plaintiffs, to complete the five-member board to oversee the scholarship fund.

Father of prison guard killed by inmate asks for no death penalty
January 6, 2014  |  Colorado Public Radio
Jury selection began Monday in the death penalty trial of a Colorado prison inmate accused of killing a guard 12 years ago. "It just feels a little bit odd after case after case that the reason we pursue the death penalty is because of victims," University of Colorado Law School professor Aya Gruber said. "Now we have victim who doesn't want it and we're still doing it anyway."

Evil isn't that simple
January 3, 2014  |  The Denver Post
What workings of nature, nurture and spirit move people to commit the most disturbing criminal acts for which we reserve the most damning description? When it comes to drilling down to the root of horrific crimes, evil may serve as an apt descriptor but has little practical use in the justice system, says Aya Gruber, a law professor at the University of Colorado at Boulder. "Criminal law doesn't deal in evil, but in mental states," she says.

Law schools implement corporate product development methodologies to produce 'practice ready' lawyers
January 1, 2014  |  Inside Counsel
In recent years, the legal world has witnessed a revolution that continues to unfold before our very eyes. In October, the University of Colorado School of Law brought together 35 thought leaders from a variety of backgrounds, including general counsel from Fortune 100 companies, managing partners from AmLaw 100 law firms and law professors for a roundtable discussion of what schools can and should be doing to achieve the best possible outcome in this changing legal environment.

1st Amendment at issue in ban on gay-conversion therapy for minors
January 1, 2014  |  ABA Journal
In the early 1970s, the American Psychiatric Association declared that homosexuality was not an illness. As a result, many mental health providers declined to use "sexual-orientation change effects" therapy, designed to dissuade gay and lesbian clients from homosexual desires. "To be sure, the speech/conduct distinction is often unsatisfying," says University of Colorado at Boulder law professor Helen Norton. "Even so, courts have long upheld legislative regulations of doctor-patient communications to protect patient health and safety; for example, by prohibiting doctors from prescribing a banned drug or from delivering negligent medical advice."

Professor Surden Talk on Computable Contracts
January 1, 2014  |  Reinvent Law NYC Conference 2014

Back To Top

2013

Novels Every Supreme Court Justice Should Read
December 17, 2013  |  The Atlantic
Reading makes a judge capable of projecting himself into the lives of others, lives that have nothing in common with his own, even lives in completely different eras or cultures. And this empathy, this ability to envision the practical consequences on one's contemporaries of a law or a legal decision, seems to me a crucial quality in a judge. Marianne Wesson, a novelist and nonfiction author who teaches Evidence as well as Law and Literature at the University of Colorado, offered two suggestions.

New database charts oil, gas water quality regulations
December 10, 2013  |  Denver iJournal
A searchable, comparative law database outlining water quality regulations for Colorado and other states experiencing shale oil and gas development is now available on LawAtlas.org. "The development of oil and gas wells, particularly in urban and suburban areas, coupled with the practice of hydraulic fracturing has stimulated interest in laws designed to protect water quality," said Kathryn Mutz, director of CU-Boulder's Intermountain Oil and Gas BMP Project.

Smart Home, Smart Health, Smart Cars: What Will Inter-Connected Devices Mean for Users and Data Users? (PART 4 in a 5-Part Series)
December 7, 2013  |  Technology Marketing Corporation
Discussions drilled down into the impact of the growing connectivity of products and services in people's homes, their health and fitness, and their automobiles, at a November 19 Federal Trade Commission (FTC) workshop on the "Internet of Things" in Washington, DC. Scott Peppet, professor at the University of Colorado School of Law, made the case that consumers can't begin to understand the privacy risks of much of this seemingly innocuous disparate data or the kinds of inferences that can be drawn from it. For instance, he contended that consumers can be personally identifiable by the data from their fitbit app (used for exercise); because no two people have the same gait or stride.

Panel hears pro, con on Nevada takeover of public lands
December 6, 2013  |  Law Vegas Review-Journal
Nevadans advocating for a takeover of some of the 84 percent of the state land now controlled by the federal government to help with job creation and economic development heard conflicting legal views on the controversial topic Friday. Mark Squillace, a professor of law at the University of Colorado Law School, argued the other side of the issue, saying there is no question that the U.S. Constitution is the supreme law of the land and so has supremacy over the enabling acts. "That the people inhabiting said territory do agree and declare, that they forever disclaim all right and title to the unappropriated public lands lying within said territory, and that the same shall be and remain at the sole and entire disposition of the United States."

FTC Settles With Mobile Crammers
December 6, 2013  |  JD Supra Business Advisor
In the Federal Trade Commission's first lawsuit over mobile cramming, Wise Media and two individual defendants agreed to a permanent ban on placing unauthorized charges on telephone bills to settle allegations of cramming charges on consumers' cell phone bills. University of Colorado School of Law professor Scott Peppet explained how he spent his summer analyzing the privacy policies of the top 30 fitness devices. Many either did not have a privacy policy at all or had a policy that did not accurately describe the company's data collection and use, he said.

Thomas Fredericks: A leading expert in tribal law
December 2, 2013  |  Minot Daily News
Attorney Thomas W. Fredericks is one of the nation's leaders in fighting for the rights of American Indian tribes. He's spent his career undoing the damage of past injustices and preventing future injustices. Charles Wilkinson, a professor at the University of Colorado, has known Fredericks for some 40 years. Both were attorneys with the Native American Rights Fund in Boulder, Colo. Fredericks helped facilitate the organization's founding. "In the revival of Indian tribes in the past couple of generations, Tom has been one of the most courageous and distinguished leaders."

Twitter ends first trading day at $44.90 a share, valued at more than $25B
November 7, 2013  |  Washington Post
"Theoretically, it should be an embarrassment for both senior management and the [investment banks]. But that's not the way it's spun," said Erik Gerding, an associate professor at the University of Colorado Law School. "It often looks like a great public relations coup to have your stock shoot up immediately. But what it really shows is that the market for social media stocks is really frothy."

Student survey ranks CU Law School first in nation
November 7, 2013  |  The Denver Business Journal
The University of Colorado Boulder Law School was the top student-rated law school in the nation in a survey by Graduate Programs, an online guide to graduate schools.

Laws Needed to Enforce U.N. Declaration on the Rights of Indigenous Peoples: Legal Experts
November 7, 2013  |  Indian Country
Not a single country in the world is living up to the provisions of the United Nations Declaration on the Rights of Indigenous Peoples, and it's time for governments to pass laws incorporating the tenets of Free, Prior and Informed Consent that the document is based on, U.S. assistant secretary for Indian Affairs Kevin Washburn and others concurred at a law conference last week. It's "not like consultation, but drives the [development] agenda," said Washburn, Chickasaw, in a keynote address at the conference assessing FPIC's future, titled "Free, Prior and Informed Consent: Pathways for a New Millennium," sponsored by the American Indian Law Program at the University of Colorado Law School.

Colorado's 51st - staters turn to legislation to fix urban-rural divide
November 6, 2013  |  The Denver Post
Proponents of a failed move to secede from Colorado say they will now look to the legislature for help in giving their counties more political clout. But University of Colorado law professor Richard Collins said a series of U.S. Supreme Court decisions in the early 1960s cemented the "one man, one vote" concept into law. Those cases will block any move to put rural counties on par with urban counties, he said.

Colorado's 51st-staters turn to legislation to fix urban-rural divide
November 6, 2013  |  The Denver Post
Proponents of a failed move to secede from Colorado say they will now look to the legislature for help in giving their counties more political clout. University of Colorado law professor Richard Collins said a series of U.S. Supreme Court decisions in the early 1960s cemented the "one man, one vote" concept into law. Those cases will block any move to put rural counties on par with urban counties, he said.

CU, Patton Boggs: Good Fellows
November 4, 2013  |  Law Week
The Patton Boggs Foundation and the University of Colorado School of Law have teamed up in offering the Patton Boggs Post-Graduate Fellowship in Energy Law and Policy. This is the first time the foundation has partnered with a law school to fund a post-graduate fellowship. "The generosity of the Patton Boggs Foundation and its creativity in developing this important pathway for a recent graduate like Dietrich is commendable and highlights how such partnerships can simultaneously enhance our community and recent graduates," CU Law School Dean Phil Weiser said.

How An Aqueduct Turned Los Angeles Into A 'Garden Of Eden'
November 3, 2013  |  NPR
Today the beauty of Los Angeles is dramatically symbolic of the ancient prophecy the desert shall "blossom like a rose." Douglas Kenney, director of the Water Policy Program at the University of Colorado Law School in Boulder, says it is just the nature of these interstate water disputes to drag on for a long time. "When I got out of college 20 years ago, the first thing I worked on was this dispute between Alabama, Florida and Georgia," he says. "And it's still going strong."

Utah takes long view on water policy
November 1, 2013  |  The Washington Post
Today, Utah is the second-driest state in the union, after Nevada, which means it must ration its water between agricultural use and urban household demands. Douglas Kenney, director of the Western Water Policy Program at the University of Colorado Law School, said Utah will be hit harder than most states by climate change, which will reduce snowpack and stream flow.

Boulder Voters Face Competing Ballot Measures on Municipal Electric Company
October 31, 2013  |  INews
Boulder voters face competing energy utility measures on the ballot Tuesday, one put forth by Boulder City Council that would advance a city owned and operated electric system, and the other funded largely by energy giant Xcel that would slow the process down if not derail it. "I doubt 310 would have such a drastic effect," said University of Colorado School of Law professor Richard Collins via email. "310 provides for voluntary, not required, votes by the few county residents that might be included in Boulder's municipal service area."

I-News: Boulder voters face competing ballot measures on municipal electric company
October 31, 2013  |  9 News
Boulder voters face competing energy utility measures on the ballot Tuesday, one put forth by Boulder City Council that would advance a city owned and operated electric system, and the other funded largely by energy giant Xcel that would slow the process down if not derail it. "I doubt 310 would have such a drastic effect," said University of Colorado School of Law professor Richard Collins via email. "310 provides for voluntary, not required, votes by the few county residents that might be included in Boulder's municipal service area."

Experts Say Aurora, Colorado Likely to Prevail in Gaylord Lawsuit
October 30, 2013  |  Aurora Sentinel
The City of Aurora and developers behind the massive Gaylord Hotel and Conference Center filed a lawsuit this month alleging financial damage caused by 11 Front Range hoteliers aiming to curb the project. "Although the objecting hotels have a right to their lawsuit, they're likely going to lose," University of Colorado School of Law professor Richard Collins.

SEC floats proposed crowdfunding rules
October 24, 2013  |  Boulder County Business Report
Proposed federal rules that will allow small businesses to raise up to $1 million per year through crowdfunding have been released by the U.S. Securities and Exchange Commission. Three directives stand out in the proposed rules, said Andrew Schwartz, a national expert on crowdfunding, and a professor at the University of Colorado-Boulder's Law School. Schwartz said the proposed rules are "exciting" because they may spur general investment in new companies even more than the newly successful online funding sites such as Kickstarter.com.

JonBenet Ramsey grand jury indictment puts DA decision in spotlight
October 24, 2013  |  The Daily Camera
In an alternate world, JonBenet Ramsey would have just graduated from college - an ordinary 23-year-old, her pageant-dress childhood far behind. CU law professor Mimi Wesson, though, questioned whether Hunter had the legal ability to simply refuse the indictment. "I think the right course of action would have been public disclosure of the grand jury's indictment at the time, followed by a later motion to dismiss if the DA genuinely believed that the case couldn't be successfully prosecuted," said Wesson, who was an attorney on the lawsuit seeking to disclose the indictment.

Water War: Stakes high in Montana-Wyoming legal battle
October 20, 2013  |  The Star Tribune
Most years, water laps against the rim of the diversion dam on the Tongue River some 12 miles to the south of Miles City. The gentle waves represent the lifeblood for the farmers and ranchers here on the arid plains of eastern Montana, irrigating about 9,400 acres in the Tongue-Yellowstone Irrigation District. A ruling in favor of Montana could have wide-ranging impacts, said Mark Squillace, director of the Natural Resources Law Center at the University of Colorado Law School. "The impacts might be greater for agriculture than energy, but anyone who takes water out the ground would feel the impact," he said.

In rare ruling, Denver judge acquits pot activist of charge
October 17, 2013  |  The Denver Post
Marijuana activist and attorney Robert J. Corry was acquitted of destroying private property, after a Denver County judge made a rare ruling to overturn the jury's guilty verdict minutes after it was read. A request by defense attorneys to acquit their client after a guilty verdict is reached is routine in criminal cases, but the decision to allow it is extremely rare, said Aya Gruber, a law professor at the University of Colorado. "Basically, what the judge is saying is that the jury misapprehended the facts of the law in coming to this conviction because it just wasn't supported by the evidence," Gruber said.

The 51st State: Colorado's Secessionist Movement
October 9, 2013  |  Inews
Colorado could stand to benefit financially and would see some improvement in the educational and economic standings of its remaining citizens if 10 northeastern counties should make good on their threat to secede and carve out a new state of North Colorado. State ratification could come in a citizens' initiative - such as the one that legalized recreational marijuana - in a referred ballot measure from the legislature, or in an act of the legislature, said Richard Collins, professor at the University of Colorado School of Law.

SEC Drops 20% of Probes After 'Wells Notice'
October 8, 2013  |  Wall Street Journal

Nevada brothels, facing hard times, turn to discount sex
October 7, 2013  |  The Star
Nevada's legal brothels are disappearing thanks to a poor economy and online competition. That, in turn, is hurting tax revenues for local governments. The spectacle masks the fall of the fleshpot. Prostitution is shifting online, says Scott Peppet, who teaches law at the University of Colorado, Boulder, and writes about technology and markets. "A brothel is an intermediary," Peppet says. "It's pulling together women so it's easy for buyers to find them." That role is now being filled by the Internet, he adds.

Apple Files Expected Appeal of E-Book Injunction
October 4, 2013  |  All Things D
Throughout its long e-book battle with the Department of Justice, Apple vowed to appeal any injunction brought against it. As I reported earlier this year, legal scholars think it will have a tough time. Said Philip Weiser, dean of the University of Colorado law school and a former DOJ official: "This is a decisive defeat for Apple's theory of the case. It will have a significant hurdle on appeal, given the judge's careful findings."

Recreating Law School
September 30, 2013  |  LinkedIn
Dean Philip Weiser: Just like every other corner of the profession, legal education is grappling with a New Normal that was barely appreciated as recently as four or five years ago. Even as law schools welcomed incoming classes this year, the mood has changed. And it's no secret why.

Five initiatives that legal education needs
September 26, 2013  |  ABA Journal
Written by Phil Weiser: Just like every other corner of the profession, legal education is grappling with a New Normal that was barely appreciated as recently as four or five years ago. Even as law schools welcomed incoming classes this year, the mood has changed. And it's no secret why.

Expert FAQ: What Should Investors Know about Equity Crowdfunding?
September 23, 2013  |  nerdwallet
Instead of crowdfunding equity, Univeristy of Colorado Professor Andrew A. Schwartz believes it might be easier for startup founders to offer debt. "One major challenge for equity crowdfunding is that an entrepreneur who sells equity to many strangers now has a group of shareholders who may cause distractions for the company. Shareholders have rights under state law to bring derivative lawsuits against management, demand books and records, propose shareholder resolutions and vote for directors. Any or all of these could cost the company-and its founder-time and money, regardless of the ultimate outcome."

Sandra Day O'Connor is history in the flesh
September 20, 2013  |  The Colorado Statesman
When it comes to living history lessons, sometimes what you do is more important than what you say. In addition, moderator Melissa Hart, a CU law professor and director of the Byron R. White Center for the Study of American Constitutional Law, reminded the audience that O'Connor still sits occasionally as a U.S. Court of Appeals judge and thus can't comment on anything that might come before such a body.

Creating a class of 'do good' companies
September 20, 2013  |  The Washington Post
Last month, baby food company Plum Organics made a big change that many parents buying its squeezable pouches of pea puree or teething crackers may never notice. This summer, Delaware became the 19th state to pass a law allowing for benefit corporations, and by far the most significant. The business-friendly state, which is reportedly home to more corporations than people, could be a "game-changer" in encouraging the remaining 31 states without such a statute to add one, says Mark Loewenstein, a law professor at the University of Colorado, Boulder.

Law Schools Join To Launch New Program
September 19, 2013  |  Law Week
Colorado law schools are taking a page from the medical playbook for a new legal residency program. The program, which is modeled loosely after medical residencies, is an unusual joint program between the University of Denver Sturm College of Law and the University of Colorado School of Law. The program is in its infancy, but with a handful of commitments from law firms and in-house law departments already, the first year should provide useful lessons for moving forward.

JPMorgan's Admission: A symbolic victory for the SEC, of limited use in private lawsuits
September 19, 2013  |  Washington Post

Secret (and scary?) consumer scores
September 17, 2013  |  The Denver Post
By Amy Schmitz: As the old adage suggests, "squeaky wheels" are those who are proactive in pursuing their needs and complaints, and thus are most likely to get the assistance, remedies, and other perks or benefits they seek. However, those who remain silent usually do not learn about or receive the same benefits. Furthermore, the individuals with the requisite resources to pursue their interests are often those with the best consumer scores based on their disproportionate socioeconomic power. The squeaky wheel system and consumer scores may work in tandem to deepen the divide between the consumer "haves" and "have-nots."

Sandra Day O'Connor to law students: 'Learn everything you can'
September 17, 2013  |  The Daily Camera
Wearing a bright purple blazer, O'Connor, 83, the first woman appointed to the U.S. Supreme Court, spoke for almost an hour at CU's University Memorial Center on Tuesday evening. O'Connor, former Arizona Supreme Court Justice Ruth McGregor and former Colorado Supreme Court Justice Rebecca Love Kourlis took questions from Melissa Hart, director of the Byron R. White Center for the Study of American Constitutional Law and a CU law professor.

Expert tips for getting better service
September 16, 2013  |  The Denver Post
When asked if a quest for better customer service is hopeless, the professor audibly gasps. She says she refuses to give up hope.

"There are definitely things that you have to do," says Amy Schmitz, professor of law at the University of Colorado-Boulder who says one of her passions is consumer empowerment.

Customer service changing rapidly, but is it changing for the better?
September 16, 2013  |  The Denver Post
Amy Schmitz, a professor of law at the University of Colorado-Boulder, specializes in what she calls consumer empowerment.

"If I make it really hard for you to call customer service, to get your insurance claim covered, or whatever else, then essentially that company is saving money and then they can pass on the savings through lower rates," she says. "Do they ever really pass that on? I don't know. The jury is out on that one."

Schuette symposium: Keep it simple
September 16, 2013  |  SCOTUS Blog
By Melissa Hart: I do not like the Schuette case. Of course the Supreme Court had to take it. A provision of a state constitution had been declared unconstitutional under the federal Constitution, and the Sixth Circuit's decision created a direct conflict with an earlier decision of the Ninth Circuit. It would have been very strange if the Court had declined review. But the fact that the Court took the case doesn't mean it has to spend much time on it. This is not a case that calls for a big decision. The smaller the better, in fact.

Amid Drought, Explaining Colorado's Extreme Floods
September 14, 2013  |  National Geographic
Four people have lost their lives in flooding this week that has engulfed swaths of Colorado and that has forced thousands to evacuate their homes. Brad Udall, director of the University of Colorado, Boulder's Getches-Wilkinson Center for Natural Resources, Energy and the Environment says that the Boulder area has received more rain in the past three days (up to 15 inches, or 38 centimeters) than the previous precipitation record for a whole month.

In Syrian Crisis, President Tests Limits of Power
September 10, 2013  |  New York Times
In asking Congress to authorize an attack on Syria over claims it used chemical weapons, President Obama has chosen to involve lawmakers in deciding whether to undertake a military intervention that in some respects resembles the limited types that many presidents - Ronald Reagan in Grenada, Bill Clinton in Kosovo and even Mr. Obama in Libya - have launched on their own. But Harold H. Bruff, a University of Colorado law professor who is one of the authors of a casebook on the separation of powers, argued that the episode would have enduring political ramifications. "I'm sure that Obama or some later president will argue later that they can still choose whether or not to go to Congress," he said.

NSA's big data efforts need transparency, privacy advocates say
September 10, 2013  |  PC World
Recent revelations about the U.S. National Security Agency's massive data collection programs illustrates the need for a new privacy debate about the implications of big data, some privacy advocates said Tuesday. But Paul Ohm, a professor at the University of Colorado Law School and a former computer crimes prosecutor at the U.S. Department of Justice, said it may be difficult to convince the U.S. Congress to significantly scale back the NSA's collection capabilities. It may be easier, he said, to implement more restrictions on the NSA's use of the data after the agency collects it.

Obama tests limits of power in Syrian conflict
September 9, 2013  |  Punjab Newsline
In asking Congress to authorize an attack on Syria over claims it used chemical weapons, President Obama has chosen to involve lawmakers in deciding whether to undertake a military intervention that in some respects resembles the limited types that many presidents - Ronald Reagan in Grenada, Bill Clinton in Kosovo and even Obama in Libya - have launched on their own. But Harold H. Bruff, a University of Colorado law professor who is one of the authors of a casebook on the separation of powers, argued that the episode would have enduring political ramifications. "I'm sure that Obama or some later president will argue later that they can still choose whether or not to go to Congress," he said.

Award-Winning Study on Affirmative Action Published in Harvard Law & Policy Review
September 9, 2013  |  PR Web
Harvard Law & Policy Review today published findings from an award-winning study by Pearson research scientist Dr. Matthew Gaertner that explores how race-neutral affirmative action systems based on class can be used to achieve class diversity and expand access to higher education for disadvantaged students. "Fisher reaffirmed that diversity in higher education is a compelling interest. The diversity that contributes to an enhanced learning environment includes racial diversity, and also socioeconomic diversity. This research demonstrates that schools can develop effective admissions processes to increase the diversity of their student population in both ways," said Melissa Hart, the study's co-author and professor of law at the University of Colorado.

Sharing water needs to be the norm
September 9, 2013  |  Albuquerque Journal
In a daylong Albuquerque workshop last week devoted to "transformational" solutions to water problems in New Mexico and the western United States, the most revolutionary idea may have been the simple thing we were all supposed to have learned in kindergarten: Sharing is good. Speaking to a group of academics, lawyers and water managers last month, Brad Udall of the University of Colorado acknowledged that those sorts of rules don't make much sense to the general public not steeped in the rococo creations of Western water law.

Signing more contracts than ever, but reading them? Probably not
September 5, 2013  |  The Denver Post
When I got back to the office after closing on my new house, a coworker quickly handed me a document and asked me to sign it. A paragraph or two of small type on the paper said I'd turn over all of my assets to her, or something like that. "I think when people are handed form contracts, or see contracts online for example that are presented to you by iTunes or whatever they often don't read them," says University of Colorado-Boulder contract law professor Scott Peppet. "I think when people are handed a tailored contract, like an employment contract or something like that, they tend to read them more carefully."

High time to reform the federal coal lease program
September 3, 2013  |  WyoFile
By Mark Squillace and Tom Sanzillo: We recently visited with elected leaders, industry officials and concerned citizens from Montana and Wyoming to discuss coal and money. Our message is simple and clear. The federal lease program run by the Department of Interior Bureau of Land Management is shortchanging the public budgets in both states. When Montana and Wyoming are shortchanged by the federal government, the residents of each state pay for it through higher taxes or less money for education, highways and needed services.

Marijuana Ruling Could Signal End of Prohibition on Pot
August 31, 2013  |  ABC News
It's legal to light up in Colorado and Washington, and soon smoking pot could be legalized across the country following a decision Thursday by the federal government. Richard Collins, a law professor at the University of Colorado Boulder, said that the memo from the DOJ points out specifically that the federal government will only walk away from marijuana crimes in states where there is a solid regulatory system for the drug's growth and disemenation.

LCLD Roundtable of Law School Deans, General Counsel, and Managing Partners Consider Campus Diversity Challenges
August 29, 2013  |  The Leadership Council on Legal Diversity
At the upcoming LCLD annual meeting in September and in the months following, LCLD's Pipeline Committee will be studying the observations and informal recommendations that came out of this summer's "Roundtable Discussion on Diversity in the Nation's Law Schools." "This is a shared concern for all of us," said University of Colorado School of Law Dean Philip J. Weiser. "We have a lot of work to do to ensure that we're increasing the pipeline, supporting diverse students, and enabling them to thrive as legal professionals.

Brothels in Nevada Suffer as Web Disrupts Oldest Trade
August 28, 2013  |  Bloomberg
In a dim parlor furnished with red velvet couches and a stripper pole, Brooke Taylor is having a sale on herself. The spectacle masks the fall of the fleshpot. Prostitution is shifting online, said Scott Peppet, who teaches law at the University of Colorado, Boulder, and writes about technology and markets. "A brothel is an intermediary," Peppet said. "It's pulling together women so it's easy for buyers to find them." That role is now being filled by the Internet, he said.

What's next for retail pot in Colorado and Fort Collins?
August 27, 2013  |  The Coloradoan
Retail sales of pot to adults 21 and older is the final step in marijuana legalization approved by Colorado voters last year. Federal officials in Colorado don't have the resources to prosecute people for having just a little bit of pot, University of Colorado law professor Richard Collins said in a previous interview. Collins specializes in constitutional law and Colorado government.

New Year Brings Changes At Law Schools
August 27, 2013  |  Law Week
This fall, the CU College of Law is rolling out a new Thomson Visiting Professor Program. The expanded program will bring visiting professors from academia and the judiciary who are interested in coming to the Colorado law community.

North Colorado Faces A Long, Windy Road Even If Voters Approve The 51st State, Experts Say
August 27, 2013  |  Huff Post Denver
If voters approve the 51st state initiative on the ballot this November, it will still be a long way from coming to fruition, experts say. Some experts, such as Scott Moss, an associate law professor at the University of Colorado, said the initiative hasn't been looked into because it won't ever get far enough to be worth the effort. "I haven't looked into it, but I also haven't looked into how to live in a candy cane house. That would be nice, but that won't happen, either," Moss said. "It's really not worth anyone's 10 minutes to bother looking into this."

The Underwhelming Benefits of Big Data
August 26, 2013  |  Penn Law Review
Authored by Paul Ohm, in response to Paul M. Schwartz. The cloud is a hodgepodge, and Paul Schwartz, in his rich Article, Information Privacy in the Cloud,1 tackles many different parts of the confusing combination, giving meaning to mush in his characteristically careful style.

51st state initiative: Erie would be half in, half out of new state
August 25, 2013  |  The Daily Camera
For Erie, the burgeoning secession movement in northeast Colorado is doubly troublesome as half the town lies in Boulder County while the other half is in Weld County, which last week referred to the November ballot a measure that will ask voters whether they want to break away from Colorado and form a new state, dubbed North Colorado. University of Colorado law professor Richard Collins, who has taught constitutional law, said the secession movement is nothing more than a publicity stunt.

Can the 51st state happen? Possibly, but the road is long
August 25, 2013  |  The Denver Post
Voters in secessionist counties may signal they wish to proceed with creating a 51st state, but completing the process will take some serious political might and will. Prof. Richard Collins, a Constitutional law expert at the University of Colorado law school, said the last time a state consented to the loss of territory was when Maine split from Massachusetts in 1820 and slavery was at the heart of the conflict.

Expert: Mineral lease program flawed
August 22, 2013  |  Independent Record
The federal government has been underpricing its coal in southeastern Montana's Powder River Basin for decades, and it's time to stop the giveaway to the coal industry, a pair of experts said Wednesday. "The government was supposed to drive the (coal) leasing program that would maximize return (for the public)," said Mark Squillace, director of the Natural Resources Law Center at the University of Colorado. "Instead, the process is driven by the coal industry.

Where Will Techstars Fit Into The Narrative of the Boulder Entreprenurship History?
August 21, 2013  |  Feld Thoughts
I was having a conversion on Friday with Brad Bernthal, an Associate Professor at Colorado Law School who directs the Silicon Flatirons Center's Entrepreneurship Initiative. We were talking about the recent amazing Techstars Demo Day that we had just had in Boulder, and Brad ? in a professorial tone ? started hypothesizing about the importance of Techstars in the Boulder startup community.

Slow Disaster: Dwindling Colorado River will demand congressional action
August 20, 2013  |  Capitol Beat
Continuing partnerships among all kinds of water users, plus a new federal commitment to invest in adaptation to climate change ? disaster prevention rather than only after-disaster relief ? will be key to dealing with the extreme dry conditions now dominating the Colorado River basin from Wyoming to Mexico, water officials from all along the river said late last week. Climate change is not temperature change but "water cycle change," said Brad Udall. Udall is a climate change science expert who heads the Getches-Wilkinson Center for Natural Resources, Energy and the Environment at the Colorado University Law School, which convened the conference.

Wyoming panelists: Federal coal lease program shortchanges states
August 20, 2013  |  Casper Star-Tribune
Panelists at a federal coal leasing forum on Tuesday said Wyoming and Montana are getting shorted financially by the program and called for swift changes. Mark Squillace is a professor of law and director of the University of Colorado Natural Resources Law Center and Tom Sanzillo is director of finance for the Institute for Energy Economics and Financial Analysis. The two said the federal Bureau of Land Management is undervaluing the coal put up for lease, which is costing the states and federal government million of dollars in revenue.

Sides await ruling on Dillard's trial
August 20, 2013  |  Boulder County Business Report
An $80 million plan to redevelop Twin Peaks Mall could move forward even if a trial to set the price for the Dillard's department store doesn't happen until November, according to court documents filed Monday. In Colorado, juries have awarded favorable verdicts in eminent-domain cases, said Richard Collins, a legal expert at the University of Colorado-Boulder. In addition, if a jury awards a verdict price of 130 percent or more of the last offer by the city - in this case, about $4 million - the government entity would have to pay the landowner's court costs as well, Collins said.

NM court signs off on Navajo water settlement
August 17, 2013  |  The San Francisco Chronicle
The Navajo Nation has cleared a major hurdle in expanding its agricultural operations in northwestern New Mexico. The Navajo Nation has yet to settle its claims to water from the Little Colorado River and lower Colorado River basins in Arizona, and to upper basin of the Colorado River in Utah. Julie Nania, a researcher at the University of Colorado School of Law, said unsettled American Indian claims to water in the Colorado River basin alone could amount to more than 10 percent of the river's annual flow.

Midday with Dan Rodricks: Cowboy CSI
August 16, 2013  |  WYPR Baltimore Public Radio
A story of mystery, intrigue and the Supreme Court -- the 1879 murder of a man at a Kansas campsite and the case's influence on the admissibility of hearsay evidence. Our guest, Marianne Wesson is professor of law at the University of Colorado and author of A Death at Crooked Creek: The Case of the Cowboy, the Cigarmaker, and the Love Letter.

On climate change, Obama, EPA plan action without Congress
August 14, 2013  |  The Washington Times
EPA chief Gina McCarthy said Wednesday that the Obama administration is finished waiting for Congress to act on climate change and plans to bypass the legislative branch in developing a federal response. Ms. McCarthy's remarks came prior to a panel discussion featuring former Colorado Gov. Bill Ritter, Colorado Oil and Gas Association President Tisha Schuller, and Brad Udall, director of the Getches-Wilkinson Center for Natural Resources, Energy and the Environment at the University of Colorado School of Law.

EPA boss Gina McCarthy touts Obama's climate plan at CU-Boulder
August 14, 2013  |  The Daily Camera
Gina McCarthy, the new administrator of the Environmental Protection Agency, dropped in on a panel session at the University of Colorado on Wednesday to tout the climate action plan launched by President Barack Obama earlier this summer. The panel also included former Colorado Gov. Bill Ritter, now director of Colorado State University's Center for the New Energy Economy; Tisha Schuller, president and CEO of the Colorado Oil & Gas Association; and Brad Udall, director of the Getches-Wilkinson Center for Natural Resources, Energy and the Environment.

EPA boss Gina McCarthy touts Obama's climate plan at CU-Boulder
August 14, 2013  |  The Denver Post
Gina McCarthy, the new administrator of the Environmental Protection Agency, dropped in on a panel session at the University of Colorado on Wednesday to tout the climate action plan launched by President Barack Obama earlier this summer. The panel also included former Colorado Gov. Bill Ritter, now director of Colorado State University's Center for the New Energy Economy; Tisha Schuller, president and CEO of the Colorado Oil & Gas Association; and Brad Udall, director of the Getches-Wilkinson Center for Natural Resources, Energy and the Environment.

Colorado judges decline to change nearly 1,400 inmate sentences that may have been questionable
August 14, 2013  |  The Denver Post
Colorado judges have declined to change sentences in nearly 1,400 cases that prison officials said may have mistakenly allowed convicts to each shave years off their time behind bars, according to state Department of Corrections documents released Wednesday. Judges face a challenging task because sentencing laws in Colorado are complicated, specific and constantly changing, said Aya Gruber, a law professor at the University of Colorado. Gruber teaches courses in criminal law and procedure.

Two Charged in J.P. Morgan 'Whale' Trades
August 14, 2013  |  Wall Street Journal

EPA chief, Udall to address Obama's climate plan at CU
August 13, 2013  |  Denver iJournal
Recently appointed U.S. Environmental Protection Agency Administrator Gina McCarthy and U.S. Sen. Mark Udall, D-Colo., will discuss President Obama's Climate Action Plan at the University of Colorado Law School on Wednesday. The event also will include a panel discussion with former Colorado Gov. Bill Ritter, Colorado Oil and Gas Association President Tisha Schuller and Brad Udall, director of the law school's Getches-Wilkinson Center for Natural Resources, Energy and the Environment.

CO-Sen: Mark Udall (D) & Gina McCarthy To Speak At CU Law School About Obama's Climate Change Plan
August 13, 2013  |  Daily Kos
Recently appointed U.S. Environmental Protection Agency Administrator Gina McCarthy and U.S. Sen. Mark Udall, D-Colo., will discuss President Obama's Climate Action Plan at the University of Colorado Law School on Wednesday. The event also will include a panel discussion with former Colorado Gov. Bill Ritter, Colorado Oil and Gas Association President Tisha Schuller and Brad Udall, director of the law school's Getches-Wilkinson Center for Natural Resources, Energy and the Environment.

Demand Better: Creating a community where entrepreneurs can thrive
August 13, 2013  |  Soapbox Cincinnati
Entrepreneurial ecosystems spur important advancements in communities, including job creation, better neighborhoods and greater collaboration among businesses, artists, inventors, educational facilities and investors. Boulder, Colo., is often held up as the gold standard in creating entrepreneurial ecosystems, largely due to the success of TechStars, an uber-selective startup accelerator launched in 2006. Still, cash and resources are aplenty in Boulder, enough to nurture the more than 200 startups located there. Many of them find tech resources at the University of Colorado's Silicon Flatirons Center and the National Institute of Standards and Technology.

EPA Administrator To Speak At CU Law
August 12, 2013  |  Law Week
Recently appointed U.S. Environmental Protection Agency Administrator Gina McCarthy and Colorado Sen. Mark Udall will discuss President Obama's Climate Action Plan at the University of Colorado Law School on Wednesday. The event also will include a panel discussion with former Colorado Gov. Bill Ritter, Colorado Oil and Gas Association President Tisha Schuller and Brad Udall, director of the law school's Getches-Wilkinson Center for Natural Resources, Energy and the Environment.

Insider Case Highlights Ties of Friends, Family
August 11, 2013  |  Wall Street Journal

Yes, Senator Abetz, ABC's Vote Compass is indeed Orwellian
August 5, 2013  |  ZD Net
It's not every day that I find myself agreeing with Senator Eric Abetz, but the Tasmanian Liberal was right to refer to Vote Compass, the heavily promoted political analysis tool on the ABC website, as "Orwellian" in a recent speech - though for completely different reasons than those the senator outlines in his ramshackle construction of splintered logic, the wildly oscillating outputs of his over-imaginative political bias detector, and a sprinkling of quotes from famous dead white men that his audience will perhaps have heard of, though never read. "Scientists have demonstrated they can often 're-identify' or 'de-anonymise' individuals hidden in anonymised data with astonishing ease," wrote law professor Paul Ohm of the University of Colorado in 2009. It's become easier since, for everyone from Google, Twitter, and Facebook to all the less well-known data mining companies on the planet.

Water levels in the Colorado River Basin could drop to levels that require cutting water deliveries to California, Arizona and Nevada.
August 2, 2013  |  MSN News
Resource managers in the Colorado River Basin are preparing for an unprecedented scenario: By next year, water in Lake Powell is likely to drop to a level that will trigger mandatory cuts in water deliveries to California, Arizona and Nevada. "Frankly, I don't think most people thought this would happen so soon," said Colorado River expert Doug Kenney, director of the Natural Resources Law Center at the University of Colorado Boulder.

The SEC's tactic to take more Wall Street cases to court proves everyone wrong?for now
August 1, 2013  |  Quartz
Shortly after Mary Jo White took the helm of the US Securities and Exchange Commission (SEC) earlier this year, she vowed to usher in a new era at the agency, forcing more financial wrongdoers to admit to guilt (paywall). Today, at the very least, she was vindicated. "Going to trial rather than pursuing a settlement is always going to be more risky for the government," Erik Gerding, a law professor at the University of Colorado in Boulder, told the Wall Street Journal.

NSA Data Fight Could Signal Privacy War
July 31, 2013  |  Yahoo Finance
Congress put a big scare last week into the agency that frightens privacy advocates and U.S. enemies throughout the world - and sent up a shot heard everywhere that an infowar is breaking out that could have a far-reaching impact on people's lives. But surveillance on a massive scale turns the use of an individual's "metadata" into "another thing entirely," says Harry Surden, a University of Colorado-Boulder Law School associate professor and a former computer programmer who has published research on the topic.

NSA Data Fight Could Signal Privacy War
July 30, 2013  |  U.S. News
"That's what we are seeing now," Surden says. "The structures that kept data apart historically are breaking down in all kinds of dimensions. Government is using it more and more, and they will keep doing it because tech advances have made it more feasible and less expensive."

Hickenlooper appoints CU adjunct professor to Boulder District bench
July 24, 2013  |  The Daily Camera
Colorado Gov. John Hickenlooper's office announced Wednesday that a University of Colorado adjunct professor will replace retiring Boulder District Judge Roxanne Bailin on Aug. 31. Andrew Hartman is an adjunct professor of law and the director of experiential education at CU, as well as a partner with Gross Hartman LLC. His legal practice focuses on intellectual property, advertising, licensing and litigation counseling.

Fund to spur startup activity in Colorado
July 24, 2013  |  The Boulder County Business Report
Business startup leaders in Boulder are heading the charge to create the new $200,000 Startup Colorado Community Fund. The fund, launched Wednesday, July 24, will be used to host events, speakers, seminars and competitions to help spur business startup activity, according to a press statement. The new fund will be used as an entrepreneurial approach to problem-solving, Phil Weiser, dean of the CU law school and executive director of the Silicon Flatirons Center, said in the press statement.

Startup Colorado Forms $200K Fund to Back Events for Entrepreneurs
July 24, 2013  |  Xconomy
Rounding up money to support your latest great idea is tough, whether it's for funding your company or putting together an event that benefits local entrepreneurs. The fund has support from some of the biggest names in Colorado's tech industry, and they come from all parts of the ecosystem. Phil Weiser, the dean of the University of Colorado Law School and founder and director of its Silicon Flatirons Center, comes from the academic community.

Future Power Generation Could Further Endanger Western Water Supplies
July 24, 2013  |  Yuba Net
The West stands at a critical moment when it can dramatically lower the power industry's draw on its strained water supply by replacing its aging power plants with water-smart options like renewable energy and efficiency, according to a study recently released by the Union of Concerned Scientists-led (UCS) Energy and Water in a Warming World Initiative (EW3). "Our electricity system clearly isn't able to effectively meet our needs as we battle climate change and face a future of expanding electricity demand and increasing water strain," said Doug Kenney, director of the Western Water Policy Program at the University of Colorado Law School.

Startup Colorado launches $200K community fund to invest in startup communities
July 24, 2013  |  InnovatioNews
A group of entrepreneurs has invested in the Startup Colorado Community Fund to support entrepreneurial communities across the state, including providing funds to host events, speakers, seminars, and competitions to spur startup activity. "This effort is a classic entrepreneurial approach to problem solving," said Phil Weiser, dean of the University of Colorado Law School and executive director of the Silicon Flatirons Center for Law, Technology and Entrepreneurship.

How to Fix Law School: Six experts tell us what they'd change
July 23, 2013  |  The New Republic
On The New Republic's cover this week, Noam Scheiber chronicles the looming economic collapse of the legal profession. With that in mind, we reached out to law professors, writers, and practitioners for thoughts on how to improve law school. Colorado University Law School's visionary dean Philip J. Weiser is working to implement this program next year: Students will work as interns at Cisco for seven months?from June of the second year of law school until the following January, and potentially part-time during the following spring. We will pay them as we do our customary interns, and the students will not be required to pay tuition to the law school for the fall semester.

Race, Class and the Fisher Ruling
July 22, 2013  |  Inside Higher Ed
An Inside Higher Ed webinar on the implications of a new study of class-based affirmative action, featuring Matthew N. Gaertner, of Pearson's Center for College and Career Success, and Melissa Hart, professor of law and director of the Byron R. White Center at the University of Colorado at Boulder.

Crowdfunding: Income or Gift? IRS Taxes and SEC Regulations Could Hurt Startups And Innovation On Kickstarter And Indiegogo
July 19, 2013  |  International Business Times
Say you're raising money on Kickstarter for an independent film project: Are the proceeds a sort of communal gift-giving or simply a clever source of standard taxable income? "Policing these limits is so important to the whole scheme," said University of Colorado law professor Andrew Schwartz, who added that the cap means investors can't lose much more than they would at a Las Vegas casino.

Is 'Fab' Trial Just The Start?
July 18, 2013  |  Wall Street Journal LawBlog

In New Normal, Entrepreneurship A Must
July 18, 2013  |  Law Week
By Dean Phil Weiser, University of Colorado Law School: The Salary & job satisfaction survey is not necessarily a wakeup call for the legal profession because most lawyers are already well aware of the relevant challenges. Nonetheless, the survey results highlight a number of important issues and frame an agenda for the profession to wrestle with in "the New Normal" - that is, the post-Great Recession legal environment.

Law expert: Request for PR bond for Ackerman deemed 'very unusual'
July 16, 2013  |  Sky-Hi News
The decision to request a personal recognizance bond (PR bond) by the District Attorney's Office of the 14th Judicial District in the case involving Lucas Paul Ackerman, 33, of Grand Lake, was "very unusual," according to H. Patrick Furman, a clinical professor of law emeritus at University of Colorado's School of Law. "There must be something unusual that we don't know about for a district attorney to modify a bond to personal recognizance," Furman said.

Apple e-book ruling seen as warning to tech industry
July 10, 2013  |  Politico
The U.S. government's victory over Apple in the e-books antitrust case sends a message to the tech industry, legal observers say: Even popular innovators can't run roughshod over antitrust laws. The decision is "an important touchstone," said Phil Weiser, dean of the University of Colorado Law School and a former deputy assistant attorney general in the Justice Department's antitrust division. "At times, tech companies want to take the position that they are a fast-moving industry and antitrust law is not an effective means of oversight. There is no technology industry exception."

Apple's Chances on an E-Book Ruling Appeal Are Lousy, Say Legal Scholars
July 10, 2013  |  All Things D
Apple has vowed to appeal a federal judge's ruling Wednesday that it colluded with five publishers to raise the retail price of e-books and break Amazon's choke hold on the nascent market. And the company thinks its chances are pretty good. Philip Weiser, dean of the University of Colorado law school and a former DOJ official, agreed, saying Cote's ruling won't be easily overturned. "This is a decisive defeat for Apple's theory of the case," Weiser said. "It will have a significant hurdle on appeal given the judge's careful findings."

Finalists to replace retiring Boulder District Judge Roxanne Bailin announced
July 9, 2013  |  The Daily Camera
Three finalists have been named in the search to replace Boulder District Judge Roxanne Bailin, who is retiring in August. The three finalists are Andrew Hartman and Russell Klein of Boulder and Bruce Langer of Superior, according to the Colorado State Judicial Branch. Hartman is a founding partner of Gross Hartman LLC in Boulder and is also an adjunct professor at the University of Colorado's Wolf Law School.

Which law schools were most likely to yank merit-based scholarships?
July 8, 2013  |  ABA Journal
Back in May of 2011, several law students at Golden Gate law school used the word "bait and switch" to describe the school's scholarship offers that are conditioned on maintaining B averages. These schools, on the other hand, had 100 percent retention rates: UCLA, University of Minnesota, Emory, University of Arizona, University of Colorado, Connecticut, Oklahoma, Oregon, Stetson, Vermont, Liberty and South Dakota.

The New Prostitutes
June 29, 2013  |  The New York Times
Take the Long Hill Road exit off I-95 in eastern Connecticut and curl south toward the waterfront city of Groton and you'll find each of the places that briefly employed Maureen Brainard-Barnes. The University of Colorado law professor Scott Peppet has floated the possibility of a "technology-enabled sex market" where escorts and clients are all pre-vetted and predators are screened out.

Suspended DUI Testing at State Lab
June 28, 2013  |  Fox 31 Denver
Colorado Law professor Chris McKee says the suspension of testing is the culmination of years of problems widely argued by defense attorneys during cases.

Historic Ruling on Same Sex Marriage
June 27, 2013  |  Channel 2
Associate Professor Scott Moss talked to Channel 2 news about the historic ruling from the Supreme Court on gay rights.

Police: Boulder 'fighting words' law 'not very effective' after judge rules it unconstitutional
June 27, 2013  |  The Daily Camera
Boulder's "fighting words" ordinance is "probably not very effective" after a municipal judge's ruling late last week that the law violates the First Amendment, the city's police chief said Thursday as officials consider whether to appeal the decision. Richard Collins, a CU law professor, said there's a good chance the ruling could be overturned should Boulder appeal. "I would say that one sounds OK to me," Collins said of Boulder's "fighting words" ordinance. "The Boulder statue seems to me to be the kind of law that doesn't fail for vagueness. I'd say there is a good chance that the city will win the appeal."

Nation awaits Supreme Court ruling on same-sex marriage
June 26, 2013  |  Fox 31 Denver
The Supreme Court could make a landmark decision on gay marriage Wednesday. The Supreme Court will hand down two rulings that could open the door to gay marriage nationwide, affecting thousands in Colorado. "They deserve equal rights, they deserve to be married from one end of this country to the other," said constitutional law expert Scott Moss.

Appellate Court case to play role in protests tied to recalls of two Colorado Democrats
June 26, 2013  |  The Denver Post
When attorneys on both sides of the recall efforts of Senate President John Morse and Sen. Angela Giron stand before the secretary of state's office for hearings on the legal protests filed, a 2002 Colorado Court of Appeals case is likely to take center stage. So how much bearing does an Appellate Court decision have on the recall protests of Morse and Giron, which could end up in district court? "It should hold a lot of weight," said Scott A. Moss, a law professor at the University of Colorado at Boulder. "When it comes to recalls there hasn't been a lot of precedents set, so it's certainly that 800 pound gorilla in the room that will receive a lot of attention."

Supreme Court Ruling on Same Sex Marriage
June 26, 2013  |  Fox 31 Denver
Associate Professor Scott Moss talked to Fox 31 about the ruling of the Supreme Court on same sex marriage.

Affirmative action survives supreme test
June 25, 2013  |  Brisbane Times
Affirmative action has been preserved, for now, by the United States Supreme Court in the first of a series of decisions expected this week that will have a profound effect on how America protects equality among its citizens. It was a finding that almost appeared designed to invite further challenges to affirmative action says the discrimination expert Professor Melissa Hart of the University of Colorado. "Some of the justices clearly prefer a colour-blind application of the law," she said.

Fisher Commentary: Everyone wins, everyone loses
June 25, 2013  |  SCOTUS Blog
Melissa Hart: Justice Kennedy's opinion in Fisher v. University of Texas at Austin demonstrates as well as anything else could that the Supreme Court should never have granted certiorari in this case. There were many reasons not to have taken it: Justice Elena Kagan was recused, so the decision would be reached by only an eight-person Court; Abigail Fisher had already graduated from college and did not, in any event, appear to have the academic markers necessary for admission to UT in the first place; and the question presented in the case assumed the continued validity of the Court's decision in Grutter v. Bollinger, making the dispute a very narrow question of application of settled law to specific facts. This would have been an easy case to pass on.

Clearing Up Confusion On Future of Colorado River Flows
June 25, 2013  |  Science Daily
The Colorado River provides water for more than 30 million people, including those in the fast-growing cities of Las Vegas, Phoenix and Los Angeles. Increasing demand for that water combined with reduced flow and the looming threat of climate change have prompted concern about how to manage the basin's water in coming decades. A paper by University of Washington researchers and co-authors at eight institutions across the West, including Brad Udall from Colorado Law, aims to explain this wide range, and provide policymakers and the public with a framework for comparison. The study is published this week in the Bulletin of the American Meteorological Society.

CU-Boulder index to maintain diversity if affirmative action is outlawed
June 24, 2013  |  The Daily Camera
The University of Colorado -- anticipating the possibility that affirmative action measures could someday be banned in college admissions -- has been using an in-depth index to glean information about the socioeconomic status of its applicants. Melissa Hart, a CU law professor, authored a brief in the Fisher case on behalf of Latino students in Texas. In 2008, she ran the campaign against Amendment 46, the ballot initiative seeking to ban affirmative action in college admissions and hiring.

Supreme Court rules on college admission affirmative action case
June 24, 2013  |  Fox 31 Denver
The U.S. Supreme Court Monday stopped short of getting rid of affirmative action. But justices sent a clear message: race-conscious admissions policies will face tougher scrutiny. "What's newsworthy is that the court declined to issue the ruling that was possible which is no affirmative action period," says University of Colorado Law Professor Scott Moss.

A Game That Plays with Private Information
June 21, 2013  |  The New Yorker
As the public debated the merits of the National Security Agency's mass surveillance programs and its close ties with the technology companies that hold so much of the world's personal data, an Austrian developer named Wolfie Christl arrived in New York City to receive an award for a video game he created, in which the player's objective is to collect and sell as much private information as possible. Warning of the rise of a single, massive database of information, Paul Ohm writes in the Harvard Business Review: "If we stick to our current path, the Database of Ruin will become an inevitable fixture of our future landscape, one that will be littered with lives ruined by the exploitation of data assembled for profit."

Apple e-book antitrust trial to wrap up Thursday
June 19, 2013  |  The Washington Post
Apple and the Justice Department on Thursday will wrap up a federal antitrust trial focused on alleged price-fixing of e-books, but with broader implications for Internet companies racing to provide videos, radio and other media offerings over the Web. "There are not a lot of cases that get litigated, so a decision will help develop and clarify the state of law for the 21st century economy. It'll set an important precedent," said Philip J. Weiser, dean of the University of Colorado law school and a former official at the DOJ.

'Brews & Geeks': Crafting comparisons between Boulder's beer, tech scenes
June 19, 2013  |  The Daily Camera
Both the craft brewing and technology industries have deep roots in Boulder County. During the past couple decades, the region has pumped out legions of breweries and tech firms that have grown to become nationally renowned. "Every scene has its own cultural norms and attitudes that sort of prevail, and I think it's really interesting to ask, 'Does the tech scene's norms of behaviors, attitudes and values look like or look different (from the craft brewing scenes')?" said Brad Bernthal, the entrepreneurship initiative director for the Silicon Flatirons Center

Craft Brewers and Hackers to Share Insights over Pints at CU Event
June 18, 2013  |  Xconomy
There's a set of companies in Colorado that's spinning off one innovative startup after another. "If we weren't discussing this topic at CU-Boulder on a Thursday night, I suspect some significant percentage of the attendees would otherwise be at a local craft brewery," said Brad Bernthal, Entrepreneurship Initiative Director at the University of Colorado Law School's Silicon Flatirons Center. "We hope to capture some of that energy."

Historic Affirmative Action Case Could Change Colorado Education Policy
June 13, 2013  |  Colorado Public Radio
Very soon, the US Supreme Court is expected to rule in a landmark affirmative action case. And we're going to learn what it could mean for colleges and universities in Colorado. Joining us is CU Boulder law professor Melissa Hart. When the decision comes down, she'll be be live blogging for SCOTUS blog about the case.

Here's what today's gene ruling means for software patents
June 13, 2013  |  Geek Wire
The Supreme Court rule unanimously today that it is impossible to patent a naturally-occurring gene. "I don't believe that the Myriad case opened the door at all for categories of patent that are so different from DNA patents," Harry Surden, an associate professor at the University of Colorado Law School, wrote in an email. "The Myriad decision was very narrowly focused upon patents on isolating DNA sequences. ? Although both DNA patents and software patents are evaluated at a high level under a common legal rule - section 101 of the patent code - the "Patentable Subject Matter" rule (35 USC 101), at a lower level, they involve very different considerations and implications."

Is the Violence Against Women Act a chance for tribes to reinforce their sovereignty?
June 10, 2013  |  High Country News
Victims' advocates joined legislators at the North Dakota Capitol in Bismarck on March 26, to discuss the recently reauthorized Violence Against Women Act. "When lawmakers say, 'This could be unconstitutional,' I think they misunderstand what tribes are," says Sarah Krakoff, a University of Colorado professor of American Indian law. Some may not understand, for example, that even before VAWA passed, tribal courts had to observe the Bill of Rights.

Weld County commissioners propose formation of new state, North Colorado
June 6, 2013  |  The Tribune
Weld County commissioners on Thursday announced that they want to join other northeastern Colorado counties in forming a new state - North Colorado. Richard Collins, a law professor at the University of Colorado, said that because the Colorado Constitution outlines the state's boundaries, the proposal would also likely require a statewide vote on a constitutional amendment.

Court reverses Lobato school finanace decision
May 31, 2013  |  The Colorado Statesman
This week, the Colorado Supreme Court voted 4 to 2, absent the participation of Justice Monica Marquez, to side with the state on State of Colorado v. Lobato. The Court's decision reversed a lower court ruling that said the state system of financing public education was unconstitutional. Richard Collins, a constitutional law expert at the University of Colorado, told The Statesman that the Lobato case was an effort to come up with a different theory on "thorough and uniform" funding, to rely on adequacy of funding rather than equal protection, which was what the Lujan suit claimed. "Courts are not going to order the state" to increase school funding, Collins said.

Boulder councilman: Corporations should get shareholder approval for political spending
May 29, 2013  |  The Daily Camera
Publicly traded companies that want to spend money in local elections should be required to get the permission of their shareholders, Boulder City Councilman Macon Cowles said. Scott Moss, an associate law professor at the University of Colorado, said he understood the sentiment behind the proposal, but he called it aggressive. "That goes beyond the disclosure rules that are most of the campaign finance restrictions and actually seeks to bar corporate political speech, which is more aggressive," he said.

Colorado attorney brings down the hammer of social media justice via YouTube
May 22, 2013  |  The Denver Post
A Boulder attorney is wading into a touchy new area of legal ethics as he champions a cybertool - YouTube - for attorneys who want to take their cases beyond the courtroom and into the court of public opinion. Deborah Cantrell, who teaches legal ethics at the University of Colorado, predicts widely differing opinions among attorneys on the ethics of what might be called YouTube law.

Executive clemency is an essential part of Colorado's legal process
May 22, 2013  |  The Denver Post
By H. Patrick Furman - As Colorado Gov. John Hickenlooper weighs whether to commute the death sentence of Nathan Dunlap to life in prison without the possibility of parole, there has been some discussion about the nature of executive clemency itself. Specifically, there have been suggestions that the governor's commutation power is either a) unusual or b) represents an attack on the jury's verdict. As a law professor who teaches students about the criminal justice process, I think it's important for the public to be clear that neither argument is accurate.

Could Class Trump Race?
May 15, 2013  |  Inside Higher Ed
College officials are anxiously awaiting a ruling by the U.S. Supreme Court on whether they may continue to consider race and ethnicity in admissions decisions. Many expect the court to limit the consideration of race, and some fear an outright ban. Matthew N. Gaertner, a research scientist at Pearson's Center for College and Career Success, and Melissa Hart, associate professor of law at the University of Colorado -- note that many Supreme Court watchers believe that there are "five votes to overturn or significantly curtail" the consideration of race.

Colorado teen could be tried as adult for school bomb
May 15, 2013  |  9 News
A teen accused of bringing an explosive device to his Lafayette high school will be held without bond and could be charged as an adult. Aya Gruber, a professor at the University of Colorado Law School, discusses the high profile nature of the case in the clip.

Court Tosses Out Suit In Victory for Goldman
May 14, 2013  |  Wall Street Journal

Shooting Suspect Insanity Plea Seen as Delaying Trial
May 12, 2013  |  Bloomberg
A judge allowing James Holmes to plead insanity to charges of murdering 12 people in a shooting rampage at a Colorado movie theater would "stop the clock" on the case, further delay his trial, and almost guarantee an appeal, a former prosecutor and a law professor said. The provision forcing Holmes to choose between cooperating with state psychiatrists or being precluded from presenting his own evidence is "of questionable constitutionality" and likely to be a basis of an appeal should Holmes be convicted, said Aya Gruber, a law professor at the University of Colorado in Boulder.

Ready, set -- startup! Boulder Startup Week returns this week for fourth year
May 12, 2013  |  The Colorado Daily
About 1,500 people are expected to attend Boulder Startup Week, a five-day event aimed at showcasing Boulder's startup community, providing networking and education opportunities and allowing for the recruitment of new members to the talent pool. The connections between CU and the startup community have grown immensely in recent years, said Brad Bernthal, director of the Silicon Flatirons Center's Entrepreneurship Initiative, which hosts dozens of entrepreneur-focused events annually.

Ways investors gain 'political intelligence' facing public scrutiny
May 9, 2013  |  Washington Post

Next Target of IRS Robo-Audits: Small Business
May 9, 2013  |  U.S. News and World Report
In making its case for more sophisticated technology, the agency said it is simply using many of the same tools private businesses already employ, such as browser "cookies" and data-mining tools used in marketing, hiring and other industries. "Things that were not feasible in the past because there were financial barriers are possible now, and might be legal ? but they are not necessarily what you want, and they should only be implemented with full transparency and awareness of people affected by the changes," says Harry Surden, a University of Colorado?Boulder School of Law associate professor and former fellow at Stanford's Center for Computers and the Law.

Ways investors gain 'political intelligence' facing public scrutiny
May 9, 2013  |  The Washington Post
With their boss playing a busy role in the push to overhaul the country's immigration laws, staffers for Sen. Marco Rubio (R-Fla.) still have found time to talk with an unlikely interest group: Wall Street analysts. "Merely talking to an analyst doesn't mean insider-trading liability," said Erik Gerding, a professor at the University of Colorado Law School. "I think a prosecutor would have a hard time bringing a case."

CU-Boulder, Front Range preparing for students benefiting from ASSET
May 4, 2013  |  Colorado Daily
The passage of a bill extending in-state tuition rates to undocumented Colorado students is expected to translate to an extra 500 students enrolling in the state's public colleges in fiscal year 2013-14, with an estimated 34 attending the University of Colorado. Despite the passage of the new law, there are still some major barriers for undocumented students. They won't qualify for federal financial aid, such as Pell Grants, explained CU law professor Melissa Hart. Even if the Dream Act were to pass, the way it's now drafted doesn't allow for any federal aid or loans if students have not obtained lawful residence status or citizenship.

Got a consumer complaint? Be polite, persistent and assertive
May 3, 2013  |  Pittsburgh Post-Gazette
Ever wonder why some people who complain about a faulty product or service always seem to hit the jackpot, but when you complain, all you get is the brush off? Two of the keys are preparation and persistence, according to Amy Schmitz, a professor at the University of Colorado School of Law and author of the recent study, "Access to Consumer Remedies in the Squeaky Wheel System." For starters, "It's extremely important to be ready before you call or before you write that [complaint] letter," she said.

The word on warranty protection
May 1, 2013  |  ConsumerReports.org
A warranty that makes it impractical, if not impossible, to get satisfaction probably can't be enforced, says Amy Schmitz, a professor at the University of Colorado School of Law. For example, to obtain warranty service, a manufacturer can't make you pay shipping charges that exceed a product's cost, something Schmitz said a company tried to do with a defective blender she bought. She negotiated for a new blender by sending a photo of the broken one with the cord cut off to show that she wasn't trying to commit fraud.

Professor Surden on Privacy in U.S. News and World Report
May 1, 2013  |  U.S. News and World Report
Ultimately, the agency's legacy could be measured in lost privacy, says Harry Surden, a University of Colorado-Boulder Law School associate professor and former fellow at Stanford's Center for Computers and Law, who has done in-depth studies on the use of technology by government. He has found that data mining and new technology make possible a level of government intrusion into personal lives that few realize is possible.

D-Day for law school deans
May 1, 2013  |  American Bar Association
Any dean who walks in with a "blip" story to placate their University President will be viewed as naďve at best and incapable of managing change at worst. So every dean, whether they passionately or provisionally believe it, will have to present a plan that shows them embarking on significant change. We're seeing more and more of these plans popping up. I'd I'd encourage everyone to check out in particular: Colorado Law Action Plan

Entrepreneurship Is Too Important to Be a Major
April 29, 2013  |  The Wall Street Journal
Brad Bernthal - Entrepreneurship is an outsider way of thinking. A major would domesticate entrepreneurship. The better path for integrating entrepreneurship within universities involves a re-conception of how university institutions work.

Parenting the Planet: a Conversation with Sarah Krakoff
April 29, 2013  |  Soundcloud - Yale University
In the first half of a two-part podcast, Center research assistant Sarah Wegmueller visits with Sarah Krakoff, a professor at the University of Colorado School of Law, about her forthcoming book "Parenting the Planet." The book uses parenting as a frame to explore our relationship to nature in a way that does not depend predominately on individual rational self-interest to explain human motivation.

The Sacramento Bee Claudia Buck column
April 28, 2013  |  Bloomburg Businessweek
Got a gripe? Whether it's a faulty cellphone, a cranky washing machine or a designer dress that falls apart, inevitably something goes wrong with something you've bought. What do you do? "Not all consumers are treated equally. If you're persistent and know how to complain effectively, you're more likely to get a remedy," said Amy J. Schmitz, a professor at the University of Colorado law school in Boulder and author of an academic study of the "squeaky wheel system."

Nose for marijuana could be liability for police dogs
April 28, 2013  |  The Chicago Tribune
Problems could arise if police search a vehicle or house based on a drug dog's nose, only to find a lawful amount of marijuana. If a judge were to agree the search was inappropriate, any other evidence seized by police during the disputed encounter could get tossed, legal observers say. "I think it's a legitimate concern," said H. Patrick Furman, a former trial attorney and professor emeritus of law at the University of Colorado in Boulder. "You can't have a dog that's trained to detect something that's perfectly legal and use that as a justification for a search."

Personal Finance: Learn to be a 'squeaky wheel'
April 28, 2013  |  The Sacramento Bee
Got a gripe? Whether it's a faulty cellphone, a cranky washing machine or a designer dress that falls apart, inevitably something goes wrong with something you've bought. What do you do? "Not all consumers are treated equally. If you're persistent and know how to complain effectively, you're more likely to get a remedy," said Amy J. Schmitz, a professor at the University of Colorado law school in Boulder and author of an academic study of the "squeaky wheel system."

An Entrepreneurship Competition Turns 5: Lessons Learned at CU-Boulder
April 23, 2013  |  Xconomy
Brad Bernthal - The New Venture Challenge Championships at the University of Colorado, which wrapped up last week were magic. An April snowstorm did not deter more than 200 individuals from the community from packing the finals.

The Market Knows Best -- The Real Story Behind Drilling on Public Lands
April 17, 2013  |  The Huffington Post
Mark Squillace - The evolution of horizontal drilling has caused a boom in oil and gas production throughout the United States. Indeed, our success in developing new resources has been so remarkable that the International Energy Association reported late last year that by around 2030, "North America becomes a net oil exporter... "

Judge delays approving $602 million insider trading settlement, citing liability question
April 16, 2013  |  Washington Post

Judge delays approving $602 million insider trading settlement, citing liability question
April 16, 2013  |  The Washington Post
A federal judge tentatively approved on Tuesday a record $602 million insider trading settlement between federal regulators and SAC Capital Advisors, but there was a hitch. "It seems like Judge Rakoff started a mini trend," said Erik Gerding, a professor at the University of Colorado Law School. "I think he's blazed a trail for other federal judges to question whether the emperor has clothes."

Limits of Insider Probes Expand
April 14, 2013  |  Wall Street Journal

Preserve Colorado's acequias
April 12, 2013  |  The Denver Post
With much of Colorado in drought, we should be diligent to protect a rare historical and traditional water-sharing practice. In October 2012, the first Colorado Congreso de Acequias, convened to preserve "the water and heritage of Southern Colorado's oldest farming communities," was held in San Luis, hosted by the Sangre de Cristo Acequia Association, drawing land owners and irrigators, agencies and officials, nonprofits, University of Colorado law students and others. The students are helping with the ditches' annual spring cleaning to understand better the challenges.

Planet America
April 12, 2013  |  ABC News
Professor Harold Bruff was interviewed on the Australian Broadcast Corporation's national news commentary show, Planet America, a funny and incisive show run by a political blogger and one of ABC's news analysts.

Which Law Schools' Grads Get the Most Judicial Clerkships?
April 11, 2013  |  U.S. News and World Report
Judges at federal, state and local levels say that their clerks play a very important role in their chambers. Judicial clerkships are highly coveted by law school graduates since they have such important career implications. University of Colorado Law School is 8th in law schools that have the largest proportion of their employed 2011 graduates working at clerkships with judges at the state and local levels.

The FCC faces questions and challenges as it awaits a new chairman
April 10, 2013  |  The Washington Post
President Obama hasn't picked a new chair for the Federal Communications Commission, but Washington is abuzz with opinions on what the new regulator needs to do. Phil Weiser, a former senior adviser for Obama on technology and innovation, sees the nomination as an opportunity to rethink the role of the FCC and how it could oversee the massive and expanding telecom and Internet broadband market.

A Death at Crooked Creek: The Case of the Cowboy, the Cigarmaker, and the Love Letter
April 8, 2013  |  Publisher's Weekly
Known for her legal thrillers, University of Colorado law professor Wesson (Chilling Effect) employs her expertise to great effect in this exhaustive study of a famous crime that left its mark on the American legal system. Wesson's efforts result in a true crime drama that's well researched, easy to read, and oddly compelling.

Prof. Surden on Translating Law into Computer-Understandable Form and Autonomous Cars
April 8, 2013  |  Stanford Law School

100 Brave Storm For CU-Hosted Conference
April 4, 2013  |  Law Week
Around 100 people from as near as Boulder and as far away as Qatar attended a legal writing event at the University of Colorado Law School last month. "Colorado Law was happy to host the conference," said legal writing professor Natalie Mack, conference co-chair. CU Law professor Mimi Wesson delivered a talk entitled, "Writing the Hillmon Case: An Instance of the Legal Storyteller's Predicament."

Ruling in Rate Probe Doesn't Slow Cases
April 3, 2013  |  Wall Street Journal

The word on warranty protection
April 3, 2013  |  Consumer Reports
Your rights go beyond what you read in a warranty booklet (also called an "express warranty" or guarantee). A warranty that makes it impractical, if not impossible, to get satisfaction probably can't be enforced, says Amy Schmitz, a professor at the University of Colorado School of Law.

Aurora theater shooting: Death penalty decision looms over lawyers
April 1, 2013  |  The Denver Post
With prosecutors poised to announce Monday whether they will seek the death penalty for the Aurora theater killings, attorneys for suspect James Holmes find themselves in a legal corner. "You use the tools you have at hand," University of Colorado law professor Marianne Wesson said. "You take advantage of every process that the law allows."

Technology & Privacy Issues
April 1, 2013  |  CSPAN
The recent conference on Technology & Privacy Issues, presented by Silicon Flatirons, was featured on CSPAN.

Is water Colorado's earthship-limiting factor?
March 28, 2013  |  The Boulder Weekly
Earthships aiming to land in Colorado pour on a slew of questions about rights to the rain. Permaculture-minded and rather postmodern, the gridfree homes are designed to catch rainwater for consumptive, gray water and black water use. But in most parts of the state, catching rainwater is illegal. "Lawyers around the state have generally accepted without question that rainwater that might otherwise work its way into a stream is tributary," says Mark Squillace, a law professor and director of the Natural Resources Law Center at the University of Colorado.

Colorado River Study Looked to Future But Did Not Open Up 'Law of the River'
March 20, 2013  |  Bloomberg BNA
In the course of a three-year, $4 million study on water supply and demand in the Colorado River Basin, the U.S. Bureau of Reclamation and the seven basin states signaled they were ready to hear any and all ideas. Douglas S. Kenney, director of the Western Water Policy Program in the University of Colorado School of Law in Boulder, told BNA it was a shame the study chose not to analyze the legal and policy options. "Shortages mean there is an inevitability of institutional change needed for the river, and I don't know how you avoid it,"

CU-Boulder's Silicon Flatirons Center to focus on finance at annual conference
March 20, 2013  |  The Daily Camera
The future of entrepreneurial finance will be appraised by a panel of top entrepreneurs, academics, policymakers and startup financiers Friday in Boulder. Brad Bernthal, associate clinical professor of law at CU and entrepreneurship initiative director at the Silicon Flatirons Center, said there are three factors as to why it was timely to explore the future of entrepreneurial finance this year.

More than 600 Attendees Celebrate 32nd Annual CU Law Alumni Awards
March 18, 2013  |  Legal Connection
On Wednesday, March 13, 2013, the University of Colorado School of Law celebrated its 32nd annual Law Alumni Award Banquet with more than 600 attendees gathering at the Denver Center for the Performing Arts. Dean Phil Weiser served as master of ceremonies as six distinguished award recipients were honored. The Richard Schaden "Adopted Alumnus" Award was presented to Jason Mendelson. Mr. Mendelson co-founded the Foundry Group and is managing director and general counsel at Mobius Venture Capital.

Weld Sheriff's refusal to enforce gun rules within letter of the law
March 18, 2013  |  The Denver Post
Weld County Sheriff John Cooke says he won't enforce new gun-control measures, and legal experts say he won't be breaking the law. "He couldn't be punished for not upholding these laws, but he could be ordered by the court to uphold them," said Richard Collins, a University of Colorado at Boulder law professor. "Whether anyone would bring a lawsuit to get the court to order him is pretty uncertain."

Loved ones urge roommate of missing Wheat Ridge woman to talk with police and help find Annie Meyer
March 14, 2013  |  7 News
Loved ones of a missing Wheat Ridge woman are urging her roommate to talk with police and help them find Leann "Annie" Meyer. As for the roommate's plan to take a private lie-detector test, Aya Gruber, a CU Law professor, told 7NEWS it's common for potential suspects in a crime to take a polygraph. The most famous example is JonBenet Ramsey's parents. "If it shows her to be truthful, she can then go to police and go to the prosecutor and say, 'I'm not a person you should be charging or suspecting of this crime," said Gruber.

Board talks new hire at fire department
March 13, 2013  |  Snowmass Sun
The intention of a property tax increase that would benefit the Snowmass Wildcat Fire Protection District is being questioned by some firefighters now that the board of directors is considering creating a new position. Richard Collins, a professor at University of Colorado Law School, said challenges must be made very shortly after elections. A challenge in courts probably would not stand, he said, because the language of the ballot measure did not say how the money would be spent.

CU Law Honoring Bender With Highest Alumni Award
March 13, 2013  |  Law Week
The chief justice of the Colorado Supreme Court is focused on right now - how to make the state's court system better, how to improve professionalism within the field. But as Michael Bender's mandated retirement approaches early next year, the legal community may start to praise his past as much as his present. "I'm tremendously honored," Bender said. "It's not anything I thought I'd ever receive."

Big data: the greater good or invasion of privacy?
March 12, 2013  |  The Guardian
Spying on ordinary citizens' internet searches is usually considered politically unpalatable, especially if the government's at hand. Nobody is thrilled about social media applications like Facebook doing the same, yet many of us indulge anyway ? even if we are aware that our activity can be easily tracked. How similar are the tracking technologies used by medical researchers and security agencies? Well, they're really not that different. And they can be easily used against you, says Paul Ohm, an associate professor at the University of Colorado law school, who wrote a paper titled "Broken Promises of Privacy: Responding to the Surprising Failure of Anonymization", in which he explains that scientists have demonstrated that they can often "re-identify" or "de-anonymize" individuals hidden in "anonymous" data with astonishing ease.

U.S. News: CU-Boulder's atomic physics program ties with MIT for No. 1 in nation
March 12, 2013  |  The Daily Camera
U.S. News and World Report's graduate school rankings named the University of Colorado's atomic, molecular and optical physics program the top in the nation, tied at No. 1 with the Massachusetts Institute of Technology. Other Boulder campus academic programs that cracked the top ten are environmental law program, ranking fifth in the nation.

How to complain: Squeaky wheel still gets the grease
March 11, 2013  |  NBCNews.com
"Yes, it's the squeaky-wheel system of customer service," said Amy Schmitz, a law professor at the University of Colorado. Her study "Access to Consumer Remedies in the Squeaky-Wheel System" was published in the Pepperdine Law Review. Schmitz believes some companies would rather give customers the runaround than deal with their complaint.

How to complain: Squeaky wheel still gets the grease
March 11, 2013  |  LifeInc.
Most people who have a complaint don't really push for a solution. They make a quick phone call or send an email, but if they get the brush-off, they're done. The fact is, if you want to get your problem solved, you need to speak up and stand your ground until the company makes you happy. "Yes, it's the squeaky-wheel system of customer service," said Amy Schmitz, a law professor at the University of Colorado.

Start up support: Where Athens and Boulder diverge
March 10, 2013  |  Online Athens
Boulder, Colo., is one of the top 15 cities in the country to receive venture capital investment. On a per capita basis, I would argue it is probably in the top three of cities. The University of Colorado Law School is nationally renowned for its support of entrepreneurs and is considered by many to be a foundation of the startup scene.

Profits, Not Politics Pushing Drilling Onto Private Land
March 6, 2013  |  KUNC
A new study of the oil and gas industry finds that geology and economics, rather than government regulation, are driving the shift in drilling from public to private lands in the U.S. Mark Squillace is a professor of law at the University of Colorado, and a former director of the Natural Resources Law Center. He says like for-profit companies, the federal government is obligated to manage its leasing policies based on where the market for oil and natural gas has been, and where it's going.

Survey Aims To Address Job Satisfaction In Legal Community
March 6, 2013  |  Law Week
The Colorado Supreme Court, University of Colorado Law School, University of Denver Sturm College of Law, the Association of Corporate Counsel ? Colorado Chapter, Center for Legal Inclusiveness, Law Week Colorado and Gibson Arnold and Associates today launched a survey aimed at addressing job satisfaction and salaries within Colorado's legal community.

Microwave mystery
March 1, 2013  |  Consumer Reports
In her 2012 study "Access to Consumer Remedies in the Squeaky Wheel System," University of Colorado Law School associate professor Amy Schmitz found that consumers are often quick to give up when their initial complaints are ignored. What's more, "companies also may hinder consumers' pursuit of claims by making it very unpleasant or stressful for consumers to seek redress," Schmitz wrote.

Speak up to resolve complaints
March 1, 2013  |  Consumer Reports Money Adviser
The runaround that you often get when you have a complaint is deliberate, Schmitz says. Companies might use delay or ignore tactics; they might ignore e-mail and make it hard to get through to a live person. If do you manage to reach a company representative, he or she might make a "compromise" offer instead of giving you full satisfaction. All this is designed to contain costs, boost profits, manage negative publicity, and discourage lawsuits or complaints to government agencies.

Rep. Field's case will turn on free speech vs. criminal speech
February 27, 2013  |  The Denver Post
Even the man arrested for sending harassing e-mails to state Rep. Rhonda Fields acknowledged to Denver police that they were racist, offensive and worthy of an apology. But now police and prosecutors must determine whether Franklin Glenn Sain was exercising his free speech or committing a crime. "The most clearly illegal threat is the unsigned letter saying that the speaker has specific kinds of guns, and is coming for her, and there will be blood. There is no free speech to that," said Scott Moss, an associate law professor at the University of Colorado.

DA wants judge off rape cases involving Iraqi immigrants
February 26, 2013  |  The Colorado Springs Gazette
Prosecutors on Monday asked Judge Theresa M. Cisneros to recuse herself from presiding over the cases of five Iraqi immigrants linked by police to a woman's brutal rape because of critical opinions - and a head nod - the judge is said to have shared with jurors after a recent mistrial in Cisneros' courtroom. Whether Cisneros actually crossed the line isn't necessarily the guiding issue, said H. Patrick Furman, a law professor at the University of Colorado in Boulder. "In order to avoid an appearance of conflict, sometimes a judge needs to recuse herself just because it looks bad, even if she didn't do anything wrong," he said.

The History of the Second Amendment
February 21, 2013  |  KJCT 8
As gun violence continues to erupt around our country, so does the debate over how to regulate and govern the personal use of these deadly weapons. Professor Richard Collins, from the University of Colorado at Boulder says, "What its historical purpose was, is a matter of continuing debate." We're not the first American's to passionately battle about our rights to have guns or our loved ones rights to be safe from violence. In fact, it's a discussion that's been going on for more than two-hundred years.

CU-Boulder hosting 'Crash Course' on bootstrapping
February 17, 2013  |  The Daily Camera
On Tuesday, Schupp and two fellow local entrepreneurs will speak to the idea of bootstrapping -- electing to start or develop a company with little investment -- at a free event hosted by the CU Silicon Flatirons Center. Since its launch three years ago, the Crash Course program has included discussions on topics such as the "gotchas" used in angel investment terms and privacy concerns. The program, which typically occurs on a monthly basis, has gained momentum -- especially in the past year, said Brad Bernthal, director of entrepreneurial initiatives at the Silicon Flatirons Center.

Increased coal exports overseas bring up questions of royalty payments
February 15, 2013  |  Wyoming Public Media
Coal producers in the U.S. are looking to markets abroad to make up for decreasing demand at home. But a recent investigation by Thomson Reuters news service suggests there might be royalty underpayments on those shipments. Mark Squillace, Director of the Natural Resources Law Center: "If the coal is being sold at $10 a ton, for example, you'd pay your 12.5% royalty on that $10 a ton. If, though, the coal is subsequently being exported then sold to China for $90 a ton, then the government is not collecting royalty on that higher value."

Proposed Colorado laws to curb gun violence reverberate beyond Capitol
February 11, 2013  |  The Denver Post
When lawmakers walked into the Capitol last month, they did so as representatives of a state that has relatively few gun restrictions, said University of Colorado law professor Richard Collins. "We're typical of western states. We have very little state regulation," on gun owning or gun carrying, Collins said.

CEO Randall Stephenson on AT&T's past, Dish's wireless future
February 10, 2013  |  Denver Business Journal
AT&T Inc. CEO Randall Stephenson won't predict whether Dish Network Corp. can become the nation's fifth major wireless broadband company. He was interviewed in front an audience by Phil Weiser, the University of Colorado Law School dean, who's also executive director of the Silicon Flatirons tech and entrepreneurial policy group that holds the annual digital broadband conference.

CU-Boulder Law hosts metro-area students for spirited moot court competition
February 9, 2013  |  The Daily Camera
More than 40 high school students from across the Denver metro area on Saturday got a taste of life as a constitutional lawyer when they participated the University of Colorado Law School's second annual Marshall-Brennan Moot Court Competition. Melissa Hart is the director of the Byron R. White Center, and the organizer of the moot court program at CU. She said that over the past two years more than 500 students have taken part in the program, which also involves classroom level instruction delivered by a select group of CU law students. "Anyone who wants to support taking these amazing kids to D.C. can donate on the Colorado Law website under the Byron White Center page," said Hart.

A Sensible Change in Taxing Derivatives
February 7, 2013  |  The New York Times
By Victor Fleischer: It's not every day that I'm happy with Congress. Readers may recall David Kocieniewski's article about Ronald S. Lauder, an heir to the Estée Lauder fortune with a net worth of more than of $3 billion. Among the legal tax loopholes Mr. Lauder used was one that allowed him to defer millions in taxes by entering into a transaction known as a variable prepaid forward contract. This instrument allows shareholders who hold appreciated stock to monetize an investment without immediately paying tax on the capital gains.

Helping Start-Ups With Local Support and National Networks
February 7, 2013  |  The New York Times
Startup America, a nonprofit organization with an all-star cast of deep-pocketed backers, is trying to bridge the gap.Though Startup America regions work off the same blueprint, each takes a slightly different approach. In Maryland, the staff and champions volunteer virtually. Startup Tennessee partnered with the Entrepreneur Center in Nashville, which runs a nonprofit incubator program. Startup Colorado works out of Silicon Flatirons, a center for law, technology and entrepreneurship at the University of Colorado Law School, and finds partners to finance specific projects.

CU-Boulder's law school to offer executive training program this spring
February 6, 2013  |  The Daily Camera
The University of Colorado this spring will hold an executive training program for chief legal officers and law department leaders. The three-day program, called "The Executive Lawyer," will run April 8 through 10 at the Wolf Law Building on the CU campus. The program will bring together attorneys from Fortune 100 companies and faculty from CU's Law School. Over the course of the three days, it will combine larger group sessions with smaller workshops.

Conference On the future of Internet-Enabled Innovation at University of Colorado Law School
February 5, 2013  |  Yahoo News
The University of Colorado Law School and the Silicon Flatirons Center on Law, Technology and Entrepreneurship will host the "Digital Broadband Migration Conference: The Future of Internet-Enabled Innovation" on Feb. 10-11. Every year, the Silicon Flatirons Center holds the Digital Broadband Migration conference, which Internet pioneer Vint Cerf called "the Davos of telecom" at last year's conference. "As they confront challenging Internet policy issues, policymakers benefit greatly from the opportunity to discuss a changing environment with key thought leaders from industry, practice and nongovernmental organizations," said Phil Weiser, dean of the Colorado Law School and executive director and founder of Silicon Flatirons. "At Silicon Flatirons, we work hard to attract top leaders and provide a trusted forum for this dialogue."

Graduateprograms.com Announces Top Student Rated Law Schools
January 31, 2013  |  GraduatePrograms.com
Graduate Programs, the online guide to graduate schools for prospective graduate students, today released its rankings of the Top 25 Law Schools according to student ratings and reviews posted on Graduateprograms.com. The rankings are based on surveys completed by more than 4,000 students (including those currently enrolled and recent grads) from over 150 accredited law schools across the United States. University of Colorado at Boulder (University of Colorado School of Law) (8.26 stars)

Startup Communities Are Built By Self-Appointed Leaders.
January 28, 2013  |  The Wall Street Journal
Guest Mentor Brad Bernthal - I recently finished grading exams in a Venture Capital course at Colorado Law School that I co-teach with Foundry Group's Jason Mendelson. The Accelerators' topic this week - Can startups be successful anywhere in the U.S.? - is a familiar one. A variant of this query is annually one of our course's final exam questions. My students will probably be amused to see how I answer it.

Anaya Urges Presidential Support for Apology
January 28, 2013  |  Indian Country Today Media Network
On January 24, S. James Anaya, U.N. Special Rapporteur on the Rights of Indigenous Peoples, spoke on "Reconciliation in the United States in Light of the U.N. Declaration on the Rights of Indigenous Peoples"at the University of Colorado Law School, American Indian Law Program, in Boulder.

Legal expert: Ramsey grand jury's vote on abuse charge possibly a 'compromise'
January 27, 2013  |  Daily Camera
Understanding the JonBenet Ramsey grand jury's vote to indict both of the girl's parents for child abuse resulting in death, and then-District Attorney Alex Hunter's subsequent refusal to sign the indictment or prosecute the case, is hampered at the outset by the cloak of secrecy which, by law, enveloped the process. University of Colorado law professor Mimi Wesson said she believes that under Colorado grand jury law, Hunter might not have had the statutory power to invalidate the indictment by refusing to sign it. "I doubt that a judge would order a prosecutor to sign an indictment, but that's a different question from the validity of an unsigned indictment," she wrote in an email.

Wealthy who avoided the 'fiscal cliff'
January 11, 2013  |  SFGate
Some of the wealthiest Americans - such as private equity managers, hedge fund managers and venture capitalists - will continue to enjoy the provisions of a legal, but controversial, part of the tax code that allows them to avoid pay billions in taxes. "But politically, it is not low-hanging fruit," said Victor Fleischer, an associate professor of law at the University of Colorado who has testified before Congress several times on the issue. "There are a lot of powerful interests who don't want that changed."

Aurora Shooting Preliminary Hearing: A 'Public Opinion' Battle
January 10, 2013  |  The Huffington Post
Judge William Sylvester is expected to say Friday that James Holmes, the accused shooter, can be tried on 166 counts of murder, attempted murder and weapons charges. Colorado lawyers and legal scholars agree reaching the probable cause threshold is easy, but while Holmes isn't expected to deny the shooting rampage, no one expects him to plead guilty either. "It's very unusual for the defense to put on evidence," said Mimi Wesson, a professor at the University of Colorado Law School. "Exposing defense evidence to the prosecution loses the advantage of surprise," while having a low chance of victory during this phase.

Tax Breaks Extended for Special Interest
January 7, 2013  |  NPR
Victor Fleischer, professor of law at the University of Colorado, says carried interest is a loophole, allowing hedge fund managers to come out of the fiscal cliff deal with a better tax setup than many affluent.

Hearing May Be 'Mini-Trial' In Theater Shootings
January 6, 2013  |  NPR
The suspect in the Colorado movie theater killings returns to court this week for a hearing that might be the closest thing to a trial the victims and their families will get to see. Judges rarely throw out a case at this stage because prosecutors must only meet a "probable cause" standard - much lower than the "beyond a reasonable doubt" standard for a guilty verdict at trial, said Mimi Wesson, a professor of law at the University of Colorado Law School.

Our Absurd Fear of Fat
January 2, 2013  |  The New York Times
By Paul Campos. According to the United States government, nearly 7 out of 10 American adults weigh too much. (In 2010, the Centers for Disease Control and Prevention categorized 74 percent of men and 65 percent of women as either overweight or obese.) But a new meta-analysis of the relationship between weight and mortality risk, involving nearly three million subjects from more than a dozen countries, illustrates just how exaggerated and unscientific that claim is.

Unhappy with a Purchase? Try this!
January 1, 2013  |  Consumer Reports Shopsmart Magazine

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2012

Devil's in the Small Print
December 20, 2012  |  The Wall Street Journal
By Robert F. Nagel. Ms. Radin begins by arguing that boilerplate contracts-which as early as 1919 were widespread enough of a commercial practice as to be a subject of case law-aren't really contracts at all. Because the terms aren't bargained over, it follows that they aren't consented to in any traditional sense; there is no meeting of the minds between the parties.

How Local Tax Rates Affect High-Income Professionals
December 18, 2012  |  The New York Times
Written by Victor Fleischer. The prospect of higher marginal tax rates in states like New York and California raises concerns about the impact of taxes on the behavior of high-income individuals. Will Wall Street executives and fund managers flee to low-tax jurisdictions like Florida and Texas? Some argue that higher state and local taxes are self-defeating, encouraging the rich to move to cheaper locales, work less or restructure investments to avoid tax. Others point out that higher taxes pay for public goods like better schools and public parks, making some locations more attractive places to live and work despite (or because of) the higher taxes.

Not All Companies Would Welcome a Lower Tax Rate
December 11, 2012  |  The New York Times
By Victor Fleischer Reaching an agreement to cut the corporate tax rate should be easy. Major figures from both political parties have expressed interest in reducing the tax from 35 percent, which is the highest rate among the country's main trading partners. Corporations would generally benefit from paying less tax and having more cash to reinvest in new projects or pay in dividends to shareholders.

Telecom/FCC 'clash of titans': An update
December 8, 2012  |  Denver Business Journal
The case is the combination of 31 lawsuits from the across the country challenging a 2011 Federal Communications Commission rule setting a framework for redirecting $4.5 billion in annual telephone subsidies into expanding broadband to rural areas, and possibly redefining how telecoms charge each other for handling traffic. Just after the print story was put to bed, I spoke with Philip Weiser, dean of the University of Colorado Law School, a nationally known expert on telecom policy and law. Weiser, of course, knew about the lawsuit, which is still in its early stages in the 10th Circuit. The importance of it is hard to overstate, he said. "This is fundamental to the entire industry," Weiser said. Weiser, while at the U.S. Department of Justice in the mid-1990s, helped vet legal issues in the 1996 Telecommunications Act that underpins a lot of today's telecom regulation.

Famous South Dakotans: Author fought Indian stereotypes
December 1, 2012  |  Sioux Falls Business Journal
Renowned author Vine Deloria Jr. might not be the most famous Native American of his time, but he's arguably the most influential. "If you mark down the great figures of the American West in recent times, he belongs there because of his role in reshaping Indian Country. I think in the last 100 years, he's been the most important person in Indian affairs, period," Deloria's friend and law professor Charles Wilkinson told the New York Times in Deloria's obituary. Wilkinson is an expert on Indian law and teaches at the University of Colorado.

Who Do Online Advertisers Think You Are?
November 30, 2012  |  The New York Times
Paul Ohm, a law professor at the University of Colorado at Boulder, argues that this goes far beyond creepiness. Companies can combine hundreds or thousands of facts about us into what Ohm calls "a database of ruin." For example, by knowing discrete and apparently unconnected facts about you -- your shirt color, gait, driving habits and the e-mail font you use -- companies could, using algorithms that sort the profiles of hundreds of thousands of people like you, accurately predict what kind of porn you surf. For each of us, Ohm argues, there's at least one closely guarded secret that could lead to devastating harm if revealed -- "a medical condition, family history or personal preference," he says -- and the database of ruin will make that secret increasingly hard to conceal.

SEC Fires a Warning Shot at SAC
November 29, 2012  |  Wall Street Journal

Courts to hear challenges to Obama appointments
November 29, 2012  |  US News and World Report
In a major test of presidential power, federal appeals courts are starting to hear legal challenges to President Barack Obama's decision to bypass the Senate in appointing three members to the National Labor Relations Board. Hal Bruff, a law professor at the University of Colorado at Boulder, said a victory for Obama could help improve a Senate confirmation process where nominations are routinely blocked for months or years. "It's important because the confirmation process is so broken down," Bruff said. "In a deeply dysfunctional Congress, the president is looking for some way to get business done."

Seminar on fracking, water protection set
November 20, 2012  |  coloradoan.com
Colorado may soon require oil and gas companies to test the quality of the groundwater before and after they drill new wells, and the University of Colorado is holding a workshop to help the public understand what that means. "This workshop is providing a venue outside of the formal commission rulemaking process to discuss and educate ourselves and the stakeholders about the alternatives so that we get this rule right for Colorado," Kathryn Mutz, CU Natural Resources Law Center research associate, said in a statement Monday.

Shedding Light on Shadow Banking
November 19, 2012  |  Bloomberg BusinessWeek

Shedding Light on Shadow Banking
November 19, 2012  |  Bloomberg Businessweek
The last time people paid attention to shadow banking was when it was ripping the world apart. "We're already seeing a contest of wills" over attempts to tighten regulation, says Erik Gerding, a law professor at the University of Colorado, Boulder who specializes in banking regulation.

SEC, Two Banks Settle Over Loans
November 17, 2012  |  Wall Street Journal

Prof. Surden on Technology Eroding Privacy Protections
November 16, 2012  |  Salon.com
Professor Harry Surden warned that technological change would eventually result in the withering away of these "structural constraints" protecting our privacy. In the introduction to his law review essay, Surden wrote, "I emphasize the way in which latent structural constraints ?which are premised upon cost inhibiting actions - are vulnerable to erosion by particular emerging technologies that lower those inhibiting costs. To the extent that society depends upon the presence of these costs to reliably inhibit a potential privacy-violating activity, their dissipation results in a sudden regulatory shift, leaving these interests unprotected."

CU Law Expanding Loan Assistance Program
November 16, 2012  |  Law Week Colorado
University of Colorado regents on Thursday approved plans to expand a CU Law program that helps graduates repay their student loans if they take public service law jobs in the state's rural areas.

CU regents approve law school loan repayment assistance
November 15, 2012  |  Daily Camera
Board chairman and CU law graduate Michael Carrigan applauded Dean Phil Weiser for expanding the program. Carrigan pointed out that CU has the only public law school in the state and there's a need to fill public and county attorney jobs in places such as the Eastern plains. Keri Ungemah, spokeswoman for the law school, said Weiser has plans for a more robust program to help encourage students to pursue public service careers. "We want a long-term, endowed, sustainable program," she said. "When we reach our $10 million goal, we will be able to fund 12 graduates from each graduating class with $6,500 a year for five years in a row."

Law and Disorder on the Reservation
November 15, 2012  |  Harvard Gazette
A talk by Kristen Carpenter, professor at the University of Colorado School of Law, and a 1998 graduate of HLS, covered the importance of decriminalizing Indian religions.

Carpenter focused on U.S. v. Winslow Friday, which addressed a violation of the Bald and Golden Eagle Protection Act. Friday had killed a bald eagle for worship purposes, without obtaining the proper permit. The case, eventually sent to a tribal court, illustrated complexities at the crossroads of Native American religious freedom and the protection of wildlife.

Teen charged for prank that caused panic at theater
November 12, 2012  |  9News
A late night movie turned terrifying for a group of moviegoers when a teenager pulled a prank early Sunday morning that caused five people to run from the theater in panic. It happened just before 12:30 a.m. Sunday at the Century Boulder Theater on the 1700 block of 29th Street. CU-Boulder law Professor Aya Gruber says, under state law, prosecutors must prove the teen knew his actions would cause others to fear serious bodily injury. "That may be terrible behavior, but it's not necessarily criminal behavior," Gruber said. "Is wearing a Joker costume in the aftermath of the horrible tragedy the same as, for example, displaying a gun to somebody or threatening to kill them?"

CU-Boulder to hold diversity summit this week
November 11, 2012  |  Daily Camera
The University of Colorado will host its annual Diversity and Inclusion Summit this week, offering dozens of sessions for students, employees and community members. During a session at 9 a.m. Wednesday, CU law professor Melissa Hart will discuss the status of undocumented students under state and federal law, as well as Fisher v. University of Texas, including some analysis of the October oral arguments in the case about affirmative action programs.

Legal marijuana may lead to booming business in Colo.
November 9, 2012  |  CBSNews
The National Marijuana Business Conference began on Thursday in Denver, taking advantage of the new legal status of pot in the state. But, Richard Collins, a University of Colorado law professor, told The Coloradoan that it's unlikely because federal officials don't have the manpower to go after people with small amounts of pot."In practice, the feds never prosecute for one ounce, even though they can," Collins said. "The U.S. Attorney doesn't have the capacity to police small amounts of marijuana."

Why We Need New Rights to Privacy
November 2, 2012  |  Slate
According to Harry Surden, big data networks persistently chip away at privacy interests and expand the surveillance society's reach-and we're about to see a lot more of it. Surden argues that privacy is safeguarded by barriers that make it hard for others to thwart our interest in limiting access to information. Bring down these walls-which Surden calls constraints-and prying eyes can capitalize on newfound vulnerability. Accordingly, we need to reassess how we think about our privacy rights, and what personal information should be included in that class.

Teenage Murder Suspect Will Face Adult Charges in Ridgeway Murder
October 25, 2012  |  Colorado Public Radio
The Colorado teenager accused of abducting and killing 10 year-old Jessica Ridgeway of Westminster made his first appearance in juvenile court Thursday. CPR's Anna Panoka spoke with CU-Boulder Law professor Aya Gruber about that decision.

Westminster police arrest 17-year-old Austin Sigg in Jessica Ridgeway abduction, murder case
October 25, 2012  |  ABC Action News
Westminster police announced Wednesday they have arrested a 17-year-old -- who has demonstrated skills in forensic science and criminology -- in the abduction and murder of 10-year-old Jessica Ridgeway. "We hear that there are statements involved," said CU law professor Aya Gruber. "That's usually very good evidence, but we have to bear in mind that this juvenile is presumed innocent until he's proven guilty."

CU Law Professor Pierre Schlag named Distinguished Professor
October 17, 2012  |  CU System Newsletter
Each year, the recognition goes to faculty members who demonstrate exemplary performance in research or creative work, a record of excellence in classroom teaching and supervision of individual learning, and outstanding service to the profession, university and its affiliates. Pierre Schlag, J.D., Byron R. White Professor of Law, Law School, CU-Boulder. His legal scholarship is known internationally, having been translated into French, Italian, Polish, Russian, Spanish and Ukrainian.

Citigroup Expanded Shadow Banking as Pandit Urged Regulation
October 16, 2012  |  Bloomberg BusinessWeek

J.P. Morgan CFO to Exit Post
October 11, 2012  |  Wall Street Journal

Tribes Add Potent Voice Against Plan for Northwest Coal Terminals
October 11, 2012  |  The New York Times
Many environmental groups and green-minded politicians in the Pacific Northwest are already on record as opposing a wave of export terminals proposed from here to the south-central coast of Oregon, aiming to ship coal to Asia. But in recent weeks, Indian tribes have been linking arms as well, citing possible injury to fishing rights and religious and sacred sites if the coal should spill or the dust from its trains and barges should waft too thick. "They made really good use of those rights, and have become major players," said Sarah Krakoff, a law professor at the University of Colorado who teaches Indian law and natural resources law.

In Boulder on Monday 10/15 Talking About Startup Communities
October 9, 2012  |  Business Insider
My friends Phil Weiser and Brad Bernthal at Silicon Flatirons (who are a big part of the book Startup Communities) are hosting me in Boulder on Monday for a "Crash Course: Startup Communities - Building an Entrepreneurial Ecosystem in Your City." It's happening at CU Boulder from 6:15pm ? 7:45pm and Lesa Mitchell from the Kauffman Foundation will be joining us for a discussion.

5 QUESTIONS with local businessman, philanthropist Richard F. Schaden
October 7, 2012  |  Daily Camera
In addition to co-founding Quiznos, the USA Pro Cycling Challenge, Escape Dynamics and Consumer Capital Partners -- an investment firm behind concepts such as SmashBurger and Tossa -- Schaden also serves as the Schaden Chair for Experiential Learning at the CU Law School and a board member for the Ocean Preservation Society and Alfalfa's. "Then I'm involved with the (University of Colorado) law school and engineering school. Law has been very good to me and I feel very strongly about social issues and access to the courts."

Welcome to Amy Schmitz
October 7, 2012  |  Credit Slips
We are pleased to welcome Professor Amy J. Schmitz of the University of Colorado as a guest blogger. She has done a lot of work in the area of consumer contracting and consumer arbitration. Welcome, Amy, to Credit Slips.

Tuesday roundtable with FTC commissioner Brill on privacy policies
October 1, 2012  |  Daily Camera
Federal Trade Commissioner Julie Brill and an Application Developers Alliance executive will join members of the local startup and law community for a roundtable discussion Tuesday at the University of Colorado on mobile application privacy policies. Panelists at the discussion include Tim Sparapani, a senior advisor for policy and law at the Application Developers Alliance; Julie Brill, an FTC commissioner; Jason Haislmaier, a partner at Bryan Cave HRO; Colin O'Malley, chief strategy officer, of Evidon; Scott Peppet, associate professor of law at CU; Nicole Glaros, managing director of TechStars; and Tracy Gray, partner at Holland & Hart.

CU-Boulder law students bring constitutional lessons into high schools
September 21, 2012  |  Daily Camera
In honor of Constitution Day -- which commemorates the signing of the U.S. Constitution on Sept. 17, 1787 -- CU law students tailored a lesson plan for their high school audiences and then, throughout the past week, taught in more than 100 Colorado high schools. Melissa Hart, an associate law professor and director of the CU center, said the high school outreach project expanded this year as CU law students were joined by faculty members, local attorneys and law school graduates who also taught in classrooms.

Park Service defends refusal to use wolves to thin elk herd in Rocky Mountain National Park
September 20, 2012  |  The Republic
The National Park Service acted properly when it ruled out using wolves to control the elk population in Rocky Mountain National Park, government lawyers argued Thursday before a federal appeals court. The appeals court normally meets in Denver but heard this case at the University of Colorado Law School in Boulder as part of an outreach program. The judges did not say when they would rule.

Justice Ruth Bader Ginsburg predicts gay marriage law will come before Supreme Court
September 19, 2012  |  The Washington Post
Justice Ruth Bader Ginsburg said Wednesday that she believes the Defense of Marriage Act will likely go to the U.S. Supreme Court within the next year. Ginsburg spoke at the University of Colorado in Boulder. She was asked a student-submitted question about the equal-protection clause and whether the nation's high court would consider it applying to sexual orientation.Ginsburg's remarks came at a conference sponsored by the University of Colorado law school. Ginsburg talked mostly about entering the legal profession when there were few female lawyers and even fewer judges.

Ruth Bader Ginsburg at CU-Boulder: Gay marriage likely to come before Supreme Court within a year
September 19, 2012  |  Daily Camera
Equality was a theme of Ginsburg's talk as she addressed an audience of about 1,100 at CU, discussing women's rights to serve on juries; the irony of fighting a war against racism during World War II but having racially segregated troops; and predicting that gay marriage will come before the Supreme Court this term. Melissa Hart, director of the Byron R. White Center, which sponsored the talk, said that over the past couple of years the center has tried to move conversations about the Constitution outside of the academy and more into the public.

Ruth Bader Gingsburg at CU-Boulder: Gay marriage likely to come before the Supreme Court within a year
September 19, 2012  |  The Denver Post-Online
Equality was a theme of Ginsburg's talk as she addressed an audience of about 1,100 at CU, discussing women's rights to serve on juries; the irony of fighting a war against racism during World War II but having racially segregated troops; and predicting that gay marriage will come before the Supreme Court this term. Melissa Hart, director of the Byron R. White Center, which sponsored the talk, said that over the past couple of years the center has tried to move conversations about the Constitution outside of the academy and more into the public.

CU-Boulder debuts 'Mini Law School' to help de-mystify legal world
September 16, 2012  |  Daily Camera
Modeled after the popular "Mini Med School" that's been in session for 25 years at the University of Colorado's School of Medicine in Denver, the Boulder campus's law school this fall will launch the university's first "Mini Law School," a program that educates non-lawyers about the law and is designed to help people navigate the basics of the legal system. The goal of the program, said law Dean Phil Weiser, is to demystify the legal profession and the law, which capture the human imagination in television dramas and effect people's everyday lives.

CU Launches Mini-Law School In October
September 10, 2012  |  Law Week Colorado
The University of Colorado Law School next month will begin a program aimed at educating nonlawyers about the basics of the legal system. "This law school belongs to the community as much as the students," said Phil Weiser , dean of CU Law, "We want members of the community to obtain the tools that they need to understand the basics of the law."

Sports Conundrum?Top Content, Distribution Gurus Debate Value, Models
September 5, 2012  |  CableFax Daily
News flash: Sports content costs are going up, up, up. But can it continue? Will distributors and consumers rebel? How long before everything implodes? DISH svp, programming David Shull and other panelists gathering for the U. of CO law school event agreed that rising sports costs have become a, uh? political football.

Supreme Court Justice Ginsburg to speak at CU Law School conference
September 5, 2012  |  Denver Business Journal
U.S. Supreme Court Justice Ruth Bader Ginsburg will give the keynote address at the University of Colorado Law School's Gathering of the Bench and Bar Conference, to be held Sept. 19-21 in Boulder.

Environmental law specialist to speak at Rocky
September 2, 2012  |  Billings Gazette
Charles Wilkinson, an environmental-law specialist from the University of Colorado, will be the September environmental speaker at Rocky Mountain College. Wilkinson will speak at noon on Sept. 13 in the Great Room of Prescott Hall on "Heeding the Clarion Call for Sustainable, Spiritual Western Landscapes: Will the People Be Granted a New Forest Service?"

Soaring to New Peaks
August 30, 2012  |  The AM Law Daily
A number of big firms are beefing up their intellectual property practices in the Denver-Boulder area, where a thriving tech industry of local startups and national companies is fueling demand. Foundry Group LLC, a $225 million investment fund also cofounded by Feld, helps IT and software start-ups get off the ground, while Silicon Flatirons, a law and entrepreneurship center at the University of Colorado Boulder, supports the scene with networking opportunities and seminars.

Doctor-patient confidentiality gets spotlight in Aurora theater shooting case
August 23, 2012  |  The Denver Post (AP)
Whatever it is that sits locked away in a clerk's office at the Arapahoe County courthouse could hold the key to understanding why a gunman opened fired at an Aurora movie theater, killing 12 and injuring 58. "The big issues for the court to decide are whether or not a privileged relationship between psychiatrist and patient actually exists, whether anything the patient has done has waived that privilege and whether there is an exception," said Patrick Furman, a law professor at the University of Colorado.

Mindset, Happiness, and Law School
August 22, 2012  |  Syracuse University News
Law professor Peter H. Huang found out about the pressures of academic life at a young age. He was 14 when he enrolled at Princeton, and began Ph.D. studies in mathematics just three years later. His mother, who he affectionately describes as a "tiger mom," set high standards for her son and one time questioned why instead of getting five A-pluses he only got three A-pluses and two As. "If you're overly stressed out as child or as a student, it might be counterproductive to what parents and teachers are trying to accomplish, which is helping the child or student be a better person, a happy person," Huang says. "There's a lot of law school professors who realize this."

Kathleen Haley, Mindset, Happiness and Law School
August 22, 2012  |  Syracuse University News
Law professor Peter H. Huang found out about the pressures of academic life at a young age. He was 14 when he enrolled at Princeton, and began Ph.D. studies in mathematics just three years later. His mother, who he affectionately describes as a "tiger mom," set high standards for her son and one time questioned why instead of getting five A-pluses he only got three A-pluses and two As

NITA Studio 71 Author Interview -- Six Minute Marathon
August 20, 2012  |  NITA Studio 71

Live from TPI: Day one - W.H. cyber order faces legal hurdles - FirstNet board to be announced - Hang-up at FCC on special access - A look at tech PACs in July - ITC ruling to watch this week
August 20, 2012  |  Politico
With help from Brooks Boliek and Michelle Quinn DATELINE, ASPEN: LIVE FROM TPI - Good Monday morning from the Technology Policy Institute's 2012 Aspen Forum. Phil Weiser, once of the White House and now dean of Univ. of Colorado Law School, opened TPI with a keynote that addressed an audience question as to why tech isn't featuring more prominently on the campaign trail. --Weiser said there are instead "a lot of issues that are at the top of the campaign agenda" - a remark that drew some laughter - and he noted the three major challenges are furthering the recovery, addressing the nation's long-term fiscal woes and solving the "long-term tech innovation challenge" against other nations.

Tuition is still growing. Despite lagging law school applications, it vastly exceeds inflation
August 20, 2012  |  The National Law Journal
It's Supply and Demand 101: When demand for a product drops, prices fall to lure back buyers. But this fundamental law of economics doesn't apply to law schools. The number of applicants to U.S. law schools declined drastically during the past two years, yet the average tuition this fall will climb by more than double the rate of inflation. "I'm not shocked by the numbers, but I'm horrified," said Ohio State University Michael E. Moritz College of Law professor Deborah Jones Merritt, who has begun blogging on University of Colorado law professor Paul Campos' blog Inside the Law School Scam.

Experts Discuss Privacy Protection in the Internet Age
August 15, 2012  |  The United States Courts for the Ninth Circuit
Privacy experts addressing the Ninth Circuit Judicial Conference Tuesday said neither Congress nor the federal courts may be able to control commercial use of the wealth of personal data now found on the Internet. "It's an arms race between those who would invade (your privacy) and those would defend it," said Paul Ohm, an associate professor of law and telecommunications at the University of Colorado Law School

Initiatives lose battle, but Colorado water war rages on
August 9, 2012  |  Boulder Weekly
If two water initiatives die before they have a chance to reach the ballot in November, do they make a sound? If they did, the sound you might hear is the collective sigh of relief from the Colorado oil and gas industry, the agricultural industry and other opponents of Initiatives 3 and 45. "You can get signatures during that period, but at your own risk," says Richard Collins, a constitutional law professor at the University of Colorado Boulder. "A confident lawyer familiar with this field could have looked at those two amendments ? and been fairly confident that your side would win that appeal, and therefore the risk would not be too great."

Growing Spats Between Countries Lead To Need For More Cross-Border Lawyers
August 3, 2012  |  International Business Times
The number of fresh arbitration cases filed with the International Center for Settlement of Investment Disputes last year reached its highest level in four decades, the ICSID said in a report last week. "It's important to get more local and regional actors and constituents involved in efforts aimed at resolving cross-border disputes," said Anna Spain Bradley, an associate professor of law at the Colorado Law School and a co-chair of the Dispute Resolution Interest Group.

Growing Spats Between Countries Leads To Need For More Cross-Border Lawyers
August 3, 2012  |  International Business Times
Although the supply forces of this business are strengthening in terms of the professional diversity of lawyers handling various cross-border cases, the male-dominated bastion of international arbitration itself is in want of racial, geographic, and gender diversity. "It's important to get more local and regional actors and constituents involved in efforts aimed at resolving cross-border disputes," said Anna Spain Bradley, an associate professor of law at the Colorado Law School and a co-chair of the Dispute Resolution Interest Group.

Movie Massacre Suspect Charged with 24 Murder Counts
July 31, 2012  |  NBC Chicago
Accused "Dark Knight" killer James Holmes was formally charged Monday with two first-degree murder counts for each of the 12 people fatally shot during Colorado's movie theater rampage. "Virtually everyone initially found to be incompetent is at some point found to be restored to competency," said Patrick Furman, a University of Colorado law professor. The rare exceptions, he said, typically come in cases in which the defendant is severely developmentally disabled.

Colorado shooting suspect faces 142 criminal charges
July 31, 2012  |  Los Angeles Times
James E. Holmes is charged with 24 counts of first-degree murder in the movie theater rampage that left 12 dead and 58 wounded. In court, he appears more composed than at his previous hearing. The second set, charging him with indifference to life, may represent "a fallback theory" in case prosecutors fail to prove intent, said Marianne Wesson, a professor at the University of Colorado Law School and an expert in criminal law. "That is because prosecutors in jury trials sometimes find it difficult to prove beyond a reasonable doubt that the actor had the capacity to deliberate in a rational way," she said in an interview.

Movie Massacre Suspect Charged with 24 Murder Counts
July 31, 2012  |  NBC Los Angeles
"Virtually everyone initially found to be incompetent is at some point found to be restored to competency," Patrick Furman, a University of Colorado law professor. The rare exceptions, he said, typically come in cases in which the defendant is severely developmentally disabled.

Federal judge allows legal challenge to TABOR to go forward
July 31, 2012  |  The Denver Post
In a major ruling, a federal judge on Monday allowed a legal challenge to the constitutionality of Colorado's Taxpayer's Bill of Rights to move forward, rejecting arguments from Attorney General John Suthers that plaintiffs in the lawsuit did not have the right to sue. Scott Moss, a professor of law at the University of Colorado who studies constitutional law and who has followed the case, said Martínez's ruling was cold water in the face for the state, whose briefs he said had a "scoffing tone" toward the lawsuit.

Denver firm allowed to not cover birth control, case may affect others
July 31, 2012  |  The Denver Post
A Denver manufacturing company owned by a devout Catholic family got a temporary reprieve from provisions of the Affordable Health Care Act they argued infringed on their religious liberties - just as the mandate is set to take effect. But this is just the first of many steps, said Jennifer Hendricks, professor of law at the University of Colorado, Boulder. "All it does is set pervasive precedent," she said. "It's not binding because it's a district court."

Do You Use Free Wi-Fi? It May Be Legal to Sniff All Your Data
July 27, 2012  |  The Wall Street Journal
If you don't protect your Wi-Fi connection with a password, does that mean it's legal to tap your Internet and monitor what you're doing? The key part of the federal anti-wiretap law was written in the 1980s, long before anyone contemplated using Wi-Fi networks, so the answer isn't clear. The problem in the current law stems from a section that says monitoring someone's traffic is OK as long as it's "readily accessible to the general public" anyway, said Paul Ohm, a professor at the University of Colorado Law School. If you encrypt or scramble your signal, as you do on a password-protected Wi-Fi network, your communication is protected under the law.

Aurora theater shooting liability lawsuits stand little chance, legal experts say
July 25, 2012  |  The Denver Post (AP)
Alexia Brunet Marks, a professor of law at the University of Colorado, and also an expert on personal injury law, agreed a case against the theater wouldn't be easy. "That's going to be very, very difficult to show that this heinous act was foreseeable (by the theater)," she said.

Colorado Shooter: Insane or Just Plain Evil?
July 25, 2012  |  The Daily Beast
Even before a court determines whether Holmes is insane, it must decide if he is competent to stand trial. In all likelihood, say experts, the answer will be yes. "The threshold for a person to be incompetent is that the person has to be unaware of the nature of the legal proceedings," said Mimi Wesson, a law professor at the University of Colorado?Boulder who says defendants are rarely deemed incompetent.

Families brace for long legal journey
July 25, 2012  |  Today Online
With their anger and tears stirred by the sight of suspect James Holmes in a courtroom with red hair and glassy eyes, the families of those killed in the Colorado theatre massacre now must plan their final goodbyes and brace for a long legal process. When and if Holmes is deemed by a judge to be fit for trial, then his lawyers will likely plead not guilty by reason of insanity, setting in motion many more months of legal proceedings, said Mr. Patrick Furman, a University of Colorado law professor.

Theater Massacre Lawsuits Won't Be Easy, Expert Says
July 25, 2012  |  ABC News
At least one victim of the Aurora, Colo., movie theater massacre has indicated he intends to sue, claiming that the theater failed to adequately protect its audience. A suit against Warner Brothers, the production company behind the "Dark Knight Rises," would prove to be difficult, said Mimi Wesson, a professor of Law at the University of Colorado. "On the whole those kinds of lawsuits are not very successful, in that these cases rarely go to trial," she said. "Usually, they're decided on motion beforehand or settled by defendant."

Colorado theater shooting suspect appears dazed in court
July 24, 2012  |  Los Angeles Times
Marianne Wesson, a professor at the University of Colorado Law School and an expert in crime procedure, said even Holmes' hair, if it remains brightly colored, could be a factor in his case. "Will it help his case strategically? I can see it going either way," she said. "It may ultimately depend on jury members, whether or not they see it as a taunt, or an insult to injury or a sign of a very troubled young man."

Alleged "Dark Knight" Gunman's Legal Journey Could Take Years
July 24, 2012  |  NBC New York
"Virtually everyone initially found to be incompetent is at some point found to be restored to competency," said Patrick Furman, a University of Colorado law professor. The rare exceptions, he said, typically come in cases in which the defendant is severely developmentally disabled

Viewers Lose in Pay TV-Broadcast Battle, Senators Say
July 24, 2012  |  MSN Entertainment
Key Senators on Tuesday said that they are fed up with programming blackouts and the steadily rising rates on cable and satellite TV services. "To modify or repeal retransmission consent while leaving the compulsory copyright licenses in place ? would produce a totally unwarranted windfall for cable and satellite operators," said Preston Padden, a former Walt Disney Co. executive who is now an adjunct professor at the University of Colorado law school, during the hearing.

Boulder-area businesses bullish on local patent office opening in Denver
July 23, 2012  |  Daily Camera
Colorado's economic benefit from a satellite patent office in Denver could be in the realm of $439 million in the first five years, according to a study by University of Colorado researchers "It's a huge opportunity for innovative companies; it makes their lives easier, too," said Phil Weiser, dean of CU's Law School. "?I believe this office is going to continue to reverberate positively for Colorado and will be a good advertisement for Colorado."

Colorado Theather Shooter Carried 4 Guns, All Obtained Legally
July 21, 2012  |  Time Magazine
But Professor Richard Collins of the University of Colorado Law School says he could have almost certainly obtained one had he wished to: "If he's not a felon, if he's of age and there's no indication that he's mentally ill, then the sheriff must give him a permit."

New Gun-Control Laws Are Unlikely
July 20, 2012  |  The Wall Street Journal
Colorado's gun laws are seen as being middle-of-the road, less restrictive than those in New York or Massachusetts, where there are bans on assault weapons, but more restrictive than those in states like Texas, which is known for being gun-friendly, said Scott Moss, an associate professor at University of Colorado Law School.

CU Law School Selected For Patent Law Clinic
July 18, 2012  |  Law Week Colorado
The University of Colorado Law School has been selected by the U.S. Patent and Trademark Office to join a law clinic pilot program in patent law

Forest Service faces Arizona test
July 17, 2012  |  The Trinidad Times
There is a great deal of talk about a "new" Forest Service, one that is committed to using the best science and working on true collaboration. This summer, we will learn just how "new" the agency is willing to become. Charles Wilkinson is a contributor to Writers on the Range, a service of High Country News (hcn.org). He is the Distinguished Professor and Moses Lasky Professor of Law at the University of Colorado Law School and co-founder of the Center of the American West.

Rockefeller schedules hearing on Cable Act
July 16, 2012  |  The Hill
The Senate Commerce Committee has scheduled a hearing next Tuesday that will examine the Cable Television and Consumer Protection Act's impact on the television marketplace and consumers since it its enactment 20 years ago. Preston Padden, an adjunct professor at the University of Colorado School of Law, will also testify.

That's No Phone. That's My Tracker
July 13, 2012  |  The New York Times
"Every year, private companies spend millions of dollars developing new services that track, store and share the words, movements and even the thoughts of their customers," writes Paul Ohm, a law professor at the University of Colorado. "These invasive services have proved irresistible to consumers, and millions now own sophisticated tracking devices (smartphones) studded with sensors and always connected to the Internet."

Public Defender
July 11, 2012  |  Aspen Public Radio
"The Colorado Defenders office really does quite a good job with the resources they have available," says Ann England, a professor at University of Colorado's School of Law. England says one reason for this good record is that public defenders here are part of a system funded by the state.

Selection of Denver is a patently good move
July 6, 2012  |  The Colorado Statesman
Phil Weiser, dean of the University of Colorado Law School who also worked on the patent office proposal, agreed that what helped Colorado was its willingness to work across borders and political lines. But he also believes that Colorado's emergence as being one of the top five technological innovators in the nation pushed the state to the finish line.

Denver's soon-to-be built patent office will generate $440 million
July 2, 2012  |  The Denver Post
"It really symbolizes that Colorado has arrived as a nationwide leader in the technology sector," said Phil Weiser, dean of the University of Colorado Law ?

Full speed ahead for Colorado health insurance expansion
June 29, 2012  |  The Denver Post
University of Colorado constitutional law professor Melissa Hart, a supporter of the act, said striking down the law would break "the holding pattern" that has slowed expansion of the act while it remained under legal scrutiny. "I think it's great we can now go forward and start trying to implement the law," Hart said.

Colorado's constitution has strengths, quirks, too
June 24, 2012  |  The Denver Post
Richard B. Collins, a University of Colorado Law School professor who has written extensively on the constitution. "Of course, it was ratified anyway."

Powder River Basin coal leasing prompts IG, GAO reviews
June 24, 2012  |  The Washington Post
"I don't really blame the companies, though they're complicit in it," said Mark Sqillace, director of the Natural Resources Law Center at the University of Colorado Law School. "They're taking advantage of what the government is allowing them to do."

A Conversation about Race, Conflict and Reconciliation
June 14, 2012  |  Blog Talk Radio
On the anniversary of June tenth, the day that commemorates the end of slavery in the U.S., Texas Conflict Coach will host a conversation with Anna Spain, Associate Professor of Law at the University of Colorado Law School about race, conflict and resolution in America.

The Case for Facebook
May 29, 2012  |  The Atlantic
University of Colorado privacy and legal scholar Professor Ohm declared anonymization the core problem with our current world's "broken promises of privacy." So one could imagine that Facebook's advertising system might be what Ohm calls "a database of ruin." Fascinatingly, this does not appear to be the case, though.

Boulder's Naropa University taps board chairman Charles G. Lief as next president
May 22, 2012  |  Boulder Daily Camera
After receiving his juris doctor from the University of Colorado School of Law, Lief served as a managing partner of Colorado law firm Roper, Lief, Mains and Cobb from 1977 to 1983.

Privacy Expert Paul Ohm to Join FTC Targeting Web, Mobile
May 21, 2012  |  The Wall Street Journal
"I am honored to have received this appointment," Professor Ohm said in a press release. "The FTC is the focal point for so many of the important information privacy debates taking place today. I hope to help the Commissioners and staff of this great agency continue the important work they have done to protect consumers online."

Many CU-Boulder leaders boomerang back to classroom
May 5, 2012  |  Boulder Daily Camera
The classroom is a magnet for University of Colorado law school dean Phil Weiser.

"I am a teacher, first and foremost," Weiser said. "It's part of the job that I deeply love, and it brings me in contact with students. The thought of not teaching would be a painful pill to swallow."

How to Muddy Your Tracks on the Internet
May 2, 2012  |  The New York Times
"The worst part is they sell this extremely creepy intrusion as a great boon to your life because they can tailor services to your needs," said Paul Ohm, an associate professor at the University of Colorado Law School in Boulder who specializes in information privacy and computer crime. "But do most people want to give that much away? No."

'There's lots of lawyering to be done' as pollution, energy disputes cross borders
April 30, 2012  |  Environment & Energy Publishing
William Boyd, a law professor at the University of Colorado Law School, hopes at least some of the students taking his climate change law and policy class will seize opportunities that are increasingly available around the world, especially in relation to setting up regulatory frameworks to support carbon-trading schemes. "We are getting more and more students who are looking beyond the U.S.," he said.

'There's lots of lawyering to be done' as pollution, energy disputes cross borders
April 30, 2012  |  GREENWIRE
William Boyd, a law professor at the University of Colorado Law School, hopes at least some of the students taking his climate change law and policy class will seize opportunities that are increasingly available around the world, especially in relation to setting up regulatory frameworks to support carbon-trading schemes. "We are getting more and more students who are looking beyond the U.S.," he said.

Boulder community leaders respond to Obama's visit
April 24, 2012  |  Boulder Daily Camera
Phil Weiser, dean of the CU School of Law, said the president's message was "critical" in helping to bolster the U.S. economy and to keep America in a competitive position.

"Investing in people shouldn't be a partisan issue," said Weiser, who recently served as a senior adviser for technology and innovation to the White House. "If we're not committed to developing the next generation of talent ? we are shooting ourselves in the foot."

Is natural gas killing coal?
April 16, 2012  |  Midwest Energy News
"State Renewable Portfolio Standards will continue to drive wind development in certain parts of the country," said William Boyd, an energy law professor at the University of Colorado Law School. But natural gas will bite into wind's market share, even with coal increasingly out of the picture. "Now the choice is between gas and wind, or actually it's a question of gas and how much wind," Boyd said. "Gas and a little bit of wind, or gas and a very little bit of wind?"

Is natural gas killing coal?
April 16, 2012  |  MIDWEST ENERGY NEWS
"State Renewable Portfolio Standards will continue to drive wind development in certain parts of the country," said William Boyd, an energy law professor at the University of Colorado Law School. But natural gas will bite into wind's market share, even with coal increasingly out of the picture. "Now the choice is between gas and wind, or actually it's a question of gas and how much wind," Boyd said. "Gas and a little bit of wind, or gas and a very little bit of wind?"

Colorado among 15 states accusing Apple, publishers of e-book price-fixing
April 12, 2012  |  The Denver Post
The development is "good news for consumers," said Philip Weiser, dean of the University of Colorado at Boulder law school. "It will allow the technological and market pressure to come to bear and provide consumers with lower-priced books," Weiser said. "It will enable ongoing technological innovation and enable new competitors with different models to be effective."

Legal red lights flash over Simply Orange
April 9, 2012  |  The Times of London
Peter Huang, a law professor at the University of Colorado, said: "Companies have a decision to make in these cases. Do they fight and risk a volatile jury finding against them, which would set a precedent for other claims? Or do they settle? In many cases for big corporations it is easier to settle, even if there is little merit to the case."

Warrantless cell phone tracking is everywhere
April 4, 2012  |  Marketplace Tech Report
While the cell phone angle is certainly new, Paul Ohm of the University of Colorado Law School says the theory isn't. "This is the kind of information that the police going back to antiquity probably would have loved to have been able to obtain," he says. The cell phone, which is always reporting in its position to the network in order to function, is of great use to investigations. "It basically lets you plant a virtual cop on a tail around any target that you may want to," Ohm says.

University commemorates Asian Pacific American heritage in April
April 4, 2012  |  Syracuse University News
Programming for the heritage month includes movies that highlight Asian Pacific Americans' struggles and successes, poets, activists, inspirational speakers and a commemorative lecture by Peter H. Huang, professor and DeMuth Chair of Business Law. Huang's lecture will take place on Thursday, April 19, at 7:30 p.m. in Gifford Auditorium. Titled "Tiger Cub Strikes Back: Memoirs of an Ex-Child Prodigy about Legal Education and Parenting," Huang's lecture is based on an article currently in circulation to be published. Attendees will engage in a conversation about the similarities between mainstream legal education and tiger parenting, as well as how both can be improved by fostering lifelong learning about character strengths, emotions and ethics. This event is co-sponsored by the College of Law.

Farm Focus for Saving Trees
March 28, 2012  |  Nature
William Boyd, a law professor at the University of Colorado in Boulder and project leader for the task force, says that both the round-table and state efforts are emblematic of what is needed. If the money to transform agriculture and reduce the incentives for clearing forests doesn't begin to flow soon, farmers in the developing world will give up on the process, Boyd says. "And who could blame them?"

Farm Focus for Saving Trees
March 28, 2012  |  NATURE
William Boyd, a law professor at the University of Colorado in Boulder and project leader for the task force, says that both the round-table and state efforts are emblematic of what is needed. If the money to transform agriculture and reduce the incentives for clearing forests doesn't begin to flow soon, farmers in the developing world will give up on the process, Boyd says. "And who could blame them?"

Colorado Part Of Health Care Reform Law Challenge At Supreme Court
March 23, 2012  |  CBS Denver Channel 4
"Congress has mandated economic transactions before. Congress regularly changes your tax burden based on whether you buy something and to strike down this law, the court would make up substantial new law," said Scott Moss with the University of Colorado Law School.

Private Equity Profits on Line as Obama Urges Study of Tax Break
March 20, 2012  |  San Francisco Chronicle
"Part of the so-called value that's created in private equity buyouts is really just reshuffling the balance sheet" to take advantage of the interest deduction and other tax breaks, said Victor Fleischer, a law professor at the University of Colorado who tracks the private equity industry.

Water Fight Hits the Slopes
March 7, 2012  |  Wall Street Journal
Mark Squillace, a law professor and director of the Natural Resources Law Center at the University of Colorado, said the resorts' claim that the government was taking their property "seems overwrought," given that the law ultimately gives the government the right to do what is deemed in the public's best interest. But he said "they may have a legitimate argument" in another claim in the suit, which also argues that the government didn't give the resorts sufficient notice of the change and an opportunity to comment.

Navajo Nation Sues Urban Outfitters for Alleged Trademark Discrimination
March 2, 2012  |  CNN.com
"When Congress amended the Indian Arts and Crafts Act of 1990, it did so after studies showed that 'fake' Indian products were siphoning millions from the market for products created by citizens of federally recognized tribes," said Kristen Carpenter, a professor of law at the University of Colorado who specializes in Native American property rights.

Power Plant's Closing Could Create Problems
February 11, 2012  |  The New York Times
"These companies bought coal plants based on certain assumptions about the price of natural gas," said William Boyd, a professor of energy law at the University of Colorado. "Shale gas turned their world upside down, and retrofitting old coal plants to meet new environmental regulations doesn't make sense anymore."

Power Plant's Closing Could Create Problems
February 11, 2012  |  THE NEW YORK TIMES
"These companies bought coal plants based on certain assumptions about the price of natural gas," said William Boyd, a professor of energy law at the University of Colorado. "Shale gas turned their world upside down, and retrofitting old coal plants to meet new environmental regulations doesn't make sense anymore."

Back To Top

2011

New venue will give startup crowd a place to socialize, share ideas
December 31, 2011  |  Indianapolis Business Journal
This month, Indianapolis will open one of its own. A group of angel investors, entrepreneurs and high-tech aficionados on Jan. 18 will launch the Speak Easy, a 5,750-square-foot space at 5255 Winthrop Ave. on the southern edge of Broad Ripple. It will serve as a gathering place for those active in the startup community, or, as co-founder Kristian Andersen put it, a "Moose Lodge for geeks." The space--like its counterparts in Boulder, Colo.; New York; and San Francisco--is designed to increase the number of startups in Indianapolis by forging connections among those working on them. Founders hope it also will help raise Indianapolis' profile as a creative, startup-loving city, and thereby draw more talent here.

Citi Ruling Could Chill SEC, Street Legal Pacts
November 29, 2011  |  Wall Street Journal

Debra Cassens Weiss, 'Tiger Cub' Law Prof Says Parents and Schools Should Teach More About Emotional Intelligence
November 21, 2011  |  ABA Journal Law News Now
A University of Colorado law professor and self-described "tiger cub" has some advice for tiger parents and law schools: You can improve by focusing more on emotions and emotional intelligence.

Professor Peter Huang, a Chinese American who enrolled in Princeton University at the age of 14, outlines his views in an essay called "Tiger Cub Strikes Back: Memoirs of an Ex-Child Prodigy About Parenting and Legal Education." He sees some similarities between mainstream legal education and tiger parenting. Both rely on hierarchical, top-down learning environments that emphasize compliance, fear, memorization, obedience, precedent, and respect for elders, he says.

Staci Zaretsky, Quote of the Day: Paging Amy Chua
November 21, 2011  |  Above the Law

Professor Surden's Interview on This Week in Law
November 11, 2011  |  This Week in Law

The Rebranding of High Fructose Corn Syrup
November 4, 2011  |  Discussion by counsel for Western Sugar Cooperative and other sugar producers
Colorado Law's trademark and false advertising class led by Andy Hartman hosted a discussion by counsel for Western Sugar Cooperative and other sugar producers in the sugar industry's lawsuit against the Corn Refiners Association and its members. The sugar producers are seeking to stop the advertising of high fructose corn syrup as "corn sugar" and other misleading comparisons between high fructose corn syrup and sugar, within the context of the federal trademark act. Contact andy.hartman@colorado.edu for more information. For a link to a presentation except from November 4, 2011, click here. http://www.ssd.com/rebranding_of_high_fructose_syrup/

'Marathon' Sprints to Niche Big-Law Audience
November 1, 2011  |  The Docket
Andrew Hartman provides great brass-tacks advice on the idiosyncrasies of big-law culture for junior associates in this easy-to-read and information-packed guidebook. However, as the introductory chapter of "The Six-Minute Marathon" admits, this book is about big law. Readers who are not young large-firm associates or law students interested in such a career path would be advised to look elsewhere for career advice.

The Road Less Traveled
October 27, 2011  |  Law Week Colorado

Judge to Citi and SEC: Explain Your Settlement
October 27, 2011  |  Wall Street Journal

Professor Surden's lecture at Stanford Law School on "Computable Contracts"
October 18, 2011  |  Stanford Law School
A contract is a promise, voluntarily undertaken, that is enforceable under the law. A computable contract is a contractual obligation that has been formulated such that a computer system can both interpret and determine whether the obligation has been complied with. This Article explores the theory and concept of computable contracts and their increasing impact on the law. Such computable contractual obligations offer advantages over traditional written obligations, including efficiency of compliance assessment, and detection of contradictory legal obligations.

Skilling Keeps Up Fight From Prison
October 17, 2011  |  Wall Street Journal

Planet's Green Guardians Under Siege
October 9, 2011  |  CHINA DAILY
Rich countries agreed in principle in recent years to pay poorer countries large amounts of money if they would protect their forests. But climate legislation stalled in the United States amid opposition from lawmakers worried about the economic effects, and some European countries have also balked at sending money abroad. That means it is not clear the forest program will ever get rolling in a substantial way.

"Like any other scheme to improve the human condition, it's quite precarious because it is so grand in its ambitions," said William Boyd, a University of Colorado law professor working to salvage the plan.

Deadly Peril for Earth's Fragile Canopy
October 3, 2011  |  INTERNATIONAL HERALD TRIBUNE - ASIA

With Death of Forests a Loss of Key Climate Protectors
October 1, 2011  |  THE NEW YORK TIMES

The Earth's Forests in Distress
October 1, 2011  |  INTERNATIONAL HERALD TRIBUNE - EUROPE

Timothy Masters to speak at Colorado Law
September 30, 2011  |  Law Week Online

Timothy Masters to speak at CU Boulder about wrongful conviction
September 30, 2011  |  Boulder Daily Camera

The Carlyle Swoop
September 28, 2011  |  The Economist

Biofuel feud in Boulder County prompts libel suit against online critic
September 28, 2011  |  The Boulder Daily Camera

Boulder county Bookshelf: A roundup of books by local authors
September 28, 2011  |  The Boulder Daily Camera

Timothy Masters to speak at CU Law School
September 28, 2011  |  The Coloradoan

Obama proposes protecting unemployed against hiring bias
September 27, 2011  |  New York Times

Father, Son in Trading Charges
September 22, 2011  |  Wall Street Journal

Longmont High celebrates Constitution Day with moot court led by CU-Boulder students
September 16, 2011  |  The Boulder Daily Camera

Colo. Supreme Court declines to hear Boulder homeless camping case
September 12, 2011  |  The Colorado Daily

CU-Boulder Law Students to teach the U.S. Constitution in metro area classrooms
August 31, 2011  |  The Boulder Daily Camera

CU-Boulder Law school focusing on career development
August 1, 2011  |  The Boulder Daily Camera

Face-ID tools pose new risk
August 1, 2011  |  The Wall Street Journal

Hundreds Expected to honor Getches
July 29, 2011  |  Law Week Colorado

Tax crusader sees slim chance of reform for now
July 25, 2011  |  Reuters

Mortgage Win for Goldman
July 22, 2011  |  Wall Street Journal

Liquor store owner cleared in shooting of shoplifter
July 5, 2011  |  Colorado Springs Gazette, The

The Water-Energy Nexus & the Downfall of the Supply-Side Paradigm
June 28, 2011  |  The Water Leader

Feeling insecure?
June 27, 2011  |  Coloradan

US Supreme Court rejects sex bias case against retain giant Walmart
June 27, 2011  |  Yahoo News

Hostility toward working Women
June 27, 2011  |  New York Times, Room for Debate

Western Snow equals water relief
June 14, 2011  |  FoxNews.com

Strauss-Kahn Jeered by Maids at Arraignment
June 6, 2011  |  Courthouse News.com

Father Of 11 Arrested In Capitol Powder Hoax
June 1, 2011  |  The Denver Channel

Why did NYC cops beat those rape charges despite good evidence against them?
June 1, 2011  |  Slate.com

When Juries Sideline Rape, Activists Look Outside the Courts
May 31, 2011  |  Courthouse News.com

Wild Lands by any other Name
May 25, 2011  |  High Country News

Lawsuit challenges constitutionality of Colorado's TABOR amendment
May 23, 2011  |  The Denver Post

Laptop Spying: Rental Company Sued Over Alleged Webcam Spying
May 4, 2011  |  ABC News
"It's really, really outrageous behavior," said Paul Ohm, an assistant professor at the University of Colorado Law School. "To me, this seems to cross all sorts of ethics lines and lines of custom."

University of Colorado Law School in Top 10, Says Malcolm Gladwell
April 18, 2011  |  Law Week Colorado

CU-Boulder Law applications up 12 percent, bucking trend
April 12, 2011  |  Boulder Daily Camera, The

USADA lifts Tom Zirbel's suspension
April 12, 2011  |  VeloNews

As Applications Plummet at Other Law Schools, U of Colorado Sees Record 12.7 Percent Increase
April 12, 2011  |  ABA Journals online

CU Law school attracts record number of applicants
April 11, 2011  |  bizjournals.com

Wal-Mart v. Women
April 11, 2011  |  New York Times, The

Professor Surden's article "The Variable Determinacy Thesis" highlighted on Professor Lawrence Solum's Legal Theory Blog
March 31, 2011  |   Legal Theory Blog
Harry Surden (University of Colorado Law School) has posted The Variable Determinacy Thesis (Columbia Science and Technology Law Review, Vol. 12, No. 1, 2010-11) on SSRN.

$2.3M In 'Blood Money' Paid To Free CIA Contractor
March 16, 2011  |  The Denver Channel

CU law students win legal battle for boxer in court
March 16, 2011  |  Daily Camera
Four University of Colorado law students will be responsible for the carnage in a Colorado Springs boxing ring this weekend. A team of second-year students -- under the supervision of a CU lawyer and a Boulder attorney -- represented elite Colorado Springs boxer, Carrie Barry, in a legal battle against USA Boxing.

CU law students win legal battle for boxer in court
March 16, 2011  |  Boulder Daily Camera
"The students are doing this for the experience to provide a service to the community," said Hartman. "They aren't paid and don't receive academic credit, so it shows a lot of dedication."

CU Law Students Successfully Represent Amateur Boxer
March 11, 2011  |  Law Week Colorado
Students at the University of Colorado Law School, under the supervision of the school's public service program lawyer and a Boulder attorney, have won the right of USA women and men elite amateur boxers to compete in a "box-off" for the 2011 Pan American Games qualifiers, a precursor to the 2012 Olympic Games. The "box-off" will take place March 17-20 at the Olympic Training Center in Colorado Springs, CO.

Guest Commentary: Colorado River's coming crisis
February 24, 2011  |  Denver Post
And after a decade of persistently dry weather, the river does face challenging times. But amidst all the gloom and doom, there is hope: By driving home the simple reality that the Colorado has been pushed beyond its limits, the current crisis could be the catalyst that leads to the adoption of innovative, long-term solutions to the river's problems. By Doug Kenney.

CU-Boulder law students study family law in India
February 21, 2011  |  Colorado Daily
A new University of Colorado law class is taking 15 third-year students to India during spring break, adding global context to the school's family law curriculum. Colene Robinson, clinical professor at CU law school and Clare Huntington, associate professor, said they hope the class will help students better understand U.S. law through comparative practices.

The Unemployed Need Not Apply
February 19, 2011  |  The New York Times
Testimony at the forum by Helen Norton, associate professor at the University of Colorado Law School, rebutted those and other possible justifications. Current employment is not relevant to jobs that provide on-the-job training. And even for jobs that require up-to-date skills, an interview or a test would be a more accurate and less discriminatory way to evaluate a candidate's qualifications.

Is Boulder the Next Silicon Valley?
February 4, 2011  |  MSNBC News

Professor Brad Bernthal of the University of Colorado Law School discusses with MSNBC News why Boulder is such a great place for entrepreneurs and start-up companies to come together.

The Fight Between Montana and Wyoming for the Yellowstone River Likely Headed to Supreme Court
February 2, 2011  |  New West
Water compacts are typically entered into to avoid litigation, said David Getches, a professor of water law at the University of Colorado at Boulder. The compacts rarely come up in court and when they do, they go straight to the Supreme Court because they involve more than one state.

The drying of the West
January 27, 2011  |  The Economist
The main reason why Lake Mead, currently only 40% full, has been getting emptier is a decade-long drought. Whether this is a cyclical and normal event, or an early sign of climate change, is unclear. But even if the drought ends, most scientists think global warming will cause flows on the Colorado River to decrease by 10-30% in the next half century, says Douglas Kenney, the director of a water-policy programme at the University of Colorado Law School.

The government wants your Internet service provider to keep better track of you
January 27, 2011  |  American Public Media
Paul Ohm is a University of Colorado Law School professor and a former Justice Department prosecutor. He details how this data might be used in an investigation and the complicated issues it would bring up. Listen to this story.

Prompted By Scarcity, Colorado River Basin States Examine Their Lifeline
January 24, 2011  |  Circle of Blue
"I thought it was time for someone to stand up at that meeting and start talking about the reality," Kenney told Circle of Blue. "That there's just not any water left on that river."

There's more to protecting your privacy online than turning off your Spokeo profile
January 11, 2011  |  NPR Marketplace
A company called Spokeo has been freaking out a lot of people lately: the site is sharing information thought to be private. Spokeo creates profiles that contain where you live, how much money Spokeo thinks you make, if you're married, hobbies, what names you use online. But Spokeo is just the tip of the iceberg.

Professor Harry Surden's article "Stuctural Rights in Privacy" was referred to during this broadcast.

Back To Top

2010

A Dollar & a Dream
December 7, 2010  |  New York Post
Victor Fleischer is finishing up another paper that argues founders of startups should pay the ordinary income tax rate of 35 percent when selling their stock instead of the much lower capital gains rate of 15 percent.

Is 'Sex by Surprise' Illegal in the United States
December 6, 2010  |  Slate.com

Title I Litigation Risks Abound
December 6, 2010  |  Communications Daily
"Maybe it's slightly stronger, but that's certainly going to draw the biggest attack from parties affected," said Brad Bernthal of the University of Colorado. "So I don't think there is any surefire route."

Portland Bomb Plot Case Likely to Serve as Primer on Entrapment
December 4, 2010  |  The Oregonian

Energy Justice Conference at CU-Boulder focuses on putting plans into action
November 5, 2010  |  Daily Camera
"There are 2 billion people who have absolutely no access to modern energy," said CU law professor Lakshman Guruswamy. "This leads to a horrible situation where 2 billion people are dying like flies."

Former Siamese Plate owner pleads guilty to harboring illegal aliens
October 27, 2010  |  Daily Camera
"The question is: What is the greater deterrent?" Huntington said. "Is it going after the people who basically are here because they can't find work in their own countries or is it going after people who create the opportunities for (workers) to come here?"

Boulder County: 'Human error' caused ballot language mix-up
October 27, 2010  |  Daily Camera
University of Colorado law professor Richard Collins said the best thing to do would be to set aside the ballots in question aside and not count the votes cast on Boulder Issue 2B for now.

CU Clinic Aids Start-Ups
October 18, 2010  |  Colorado Law Week
"I think the flavor of the work is very much in-house style," said Brad Bernthal, a CU law professor who leads the ELC."

Health care overhaul begins for CU-Boulder students, others
September 22, 2010  |  Colorado Daily
Julie Mahoney, a first-year CU law student, said the extension will not solve her problem of expensive health care.

Shale Report: Protecting the environment on the web
September 7, 2010  |  Greening of Oil
Research Associate Kathryn Mutz said the Natural Resources Law Center is exploring ways to expand the database, both geographically to include other regions and in the materials it offers.

Hedge funds should cool it on tax
September 1, 2010  |  Financial Times
Professor Victor Fleischer says that if goodwill sales were taxed more heavily, that would "take some of the air out of the tax arbitrage."

David Getches, dean of CU-Boulder law school, to resign in a year
September 1, 2010  |  Daily Camera
Dean David H. Getches says, "My highest priority is restoring the accessibility to people who ought to go to law school, but wouldn't be able to afford to at today's prices."

Avanza Resolves Lawsuit
August 23, 2010  |  Colorado Law Week
Professor Melissa Hart says, "Businesses respond to the pressure of public attention and financial risk."

CU-Boulder students straddle Mac/PC divide
August 22, 2010  |  Colorado Daily
Law student J.D. Lavallee said, "I'm definitely a Mac user, but there are a few things, like online testing, that the law school requires that aren't as compatible with Macs as they are with PCs."

The Greenest Law Schools
August 17, 2010  |  preLaw
Colorado Law is listed as a top green law school based on curriculum, campus environment and building trends. Dean David Getches said, "The Law School and the University of Colorado campus 'walk the talk.'"

Judges Divided Over Rising GPS Surveillance
August 13, 2010  |  The New York Times
Professor Paul Ohm said, "Often what we have to do with the march of technology is realize that the difference in quantity and speed can actually amount to significantly more invasive practices."

Obama Gets a Menu of Climate Actions He Can Take Without Congress
August 6, 2010  |  The New York Times
The Presidential Climate Action Project, based in Colorado, commissioned the Center for Energy and Environmental Security at the University of Colorado Law School to examine the legal ability of the president to invoke environmental policies without congressional approval.

But first, sue the cheerleaders
July 28, 2010  |  The Denver Post Blog
Adjunct Professor Andrew Hartman said, "While trademark or copyright infringements are legal matters, plagiarism is an ethical issue."

Newly Released Video Shows Tasing Controversially Ordered By Colo. Judge
July 28, 2010  |  Law Week Colorado
Professor Pat Furman said, "I am unaware of a requirement" that defendants appear at their sentencing hearings.

Part II: Answers to Questions About Internet Privacy
July 27, 2010  |  The New York Times
Professor Paul Ohm responded to more reader questions in response to The New York Times Magazine article "The Web Means the End of Forgetting."

Part I: Answers to Questions About Internet Privacy
July 26, 2010  |  The New York Times
Professor Paul Ohm responded to reader questions in response to The New York Times Magazine article "The Web Means the End of Forgetting."

Boulder: Where innovation is hip
July 25, 2010  |  The Denver Post
Professor J. Brad Bernthal said, "I think it's just a matter of time. You will see a company scale up on the software side here."

The Ute Paradox
July 19, 2010  |  High Country News
Professor Sarah Krakoff says (p.5), "If we were moving toward the day that we could critique Indian governments the same way that we critique other entities, that would be a good thing."

The Web Means the End of Forgetting
July 19, 2010  |  The New York Times
Professor Paul Ohm proposes to "make it illegal for employers to fire or refuse to hire anyone on the basis of legal off-duty conduct revealed in Facebook postings or Google profiles."

CU Law makes first-ever curriculum change for first-year students
July 12, 2010  |  Daily Camera
Associate Dean Dayna Matthew said, "The rise of the administrative state has made introducing students to statutes and regulations essential."

David Sirota Show
July 6, 2010  |  760 AM Radio
Professor Scott Moss speaks on the gun ban on CU campus.

David Sirota Show
July 5, 2010  |  AM 760 Radio
Professor Scott Moss speaks on the method of amending the Constitution regarding campaign refinancing.

Attorneys: U.S. Supreme Court ruling will have limited impact in CU gun case
June 29, 2010  |  Daily Camera
Professor Scott Moss said it's not clear whether the ruling would apply to a public university like CU.

Bruff Cited in United States Supreme Court Opinion
June 28, 2010  |  U.S. Supreme Court Opinion
Professor Hal Bruff's book, Balance of Forces: Separation of Powers in the Administrative State (p. 4), and his article, "Bringing the Independent Agencies in from the Cold," were cited by United States Supreme Court Justice Breyer in his Free Enterprise Fund v. PCAOB dissent, "noting that 'Presidents do not test the limits of their power by removing commissioners...'" (p.12).

What To Expect At The Kagan Confirmation Hearings
June 25, 2010  |  NPR
Professor Paul Campos says, "The documentation available on her tells us almost nothing about what sort of judge she would be."

Law students' interest in immigration grows
June 21, 2010  |  The Denver Post
Associate Dean Dayna Matthew said, "When Colorado Law students were asked this year what law clinics they would like to see most, the majority said immigration law. Colorado Law is working to set up a program."

Google, Intel, MS to form broadband advisory group
June 10, 2010  |  CIOL
Dale Hatfield will chair the Broadband Technical Advisory Group (BITAG or TAG).

Telecom, tech giants seek voluntary net neutrality commitments
June 9, 2010  |  The Washington Post
Dale Hatfield will lead the Technical Advisory Group, formed by AT&T, Comcast, Google, Intel, Microsoft and Verizon.

Lampert's $829 Million Payout May Shield Him From Tax (Update1)
June 8, 2010  |  Bloomburg
Professor Victor Fleischer said that move is "a method of having the carried interest distributed out to Mr. Lampert before the effective date of the new legislation."

Clyde Martz was natural-resources expert who served two presidents
June 7, 2010  |  The Denver Post
Martz helped found the University of Colorado Natural Resources Law Center and taught at the CU law school for 15 years.

Money can't buy love
June 3, 2010  |  The Economist
Professor Victor Fleischer says carried interest is a "quirk" in America's tax code that allows some of the richest workers in the country to pay lower taxes than others do on their bonuses.

Candidates in Colorado AG race debate health care lawsuit
June 3, 2010  |  The Denver Post
The first debate between state attorney general candidate Stan Garnett and incumbent John Suthers (both Colorado Law alumni) leading up to the November election was hosted by the University of Denver and the University of Colorado law schools.

Reflections on the Legacy of Justice John Paul Stevens
June 3, 2010  |  American Constitution Society
Professor Melissa Hart spoke on a panel of former Stevens clerks to discuss the Justice's legacy. Watch video.

Forest Chief Calls For New Direction
June 2, 2010  |  NPR
In his keynote address at Colorado Law's annual Natural Resources Law Center Summer Conference, U.S. Agriculture Undersecretary Harris Sherman explained that the U.S. Forest Service is drafting an edict to run the national forests in a way that factors climate change in every decision.

Loopholes hard to find in U.S. fund tax battle
May 28, 2010  |  Reuters
Professor Victor Fleischer said, "I don't think there are easy ways to game this bill."

House Votes to Eliminate Hedge Fund Tax Break
May 28, 2010  |  The New York Times
Commenting on claims by hedge fund lobbyists that carried interest, the percentage of the profit a hedge fund manager generates that he receives as compensation for his services, should be taxed at the lower capital gains rate, Professor Victor Fleischer said, "They're being paid a fee for a service, so it's fair that they would pay the same rate as others who perform services."

Put off by prying eyes, people push for more privacy online
May 22, 2010  |  The Kansas City Star
Research Fellow Wendy Seltzer said Facebook keeps "opening up much more information by default. They change the space without telling users clearly enough."

Local Group Blasts Obamacare
May 19, 2010  |  Fox31 News
Professor Melissa Hart responds to attacks on Obama's new health care program, saying "It's not taking away what people already have. It's giving something to people who didn't already have healthcare."

Bobbing as the Taxman Weaves
May 17, 2010  |  The New York Times
Professor Victor Fleischer says "any time there is a new section of the tax code, there are going to be lawyers who will try to manipulate the rules."

Boulder, Colo., a magnet for high-tech start-ups
May 13, 2010  |  The New York Times
Professor J. Brad Bernthal explains that start-up companies are successful in Boulder because it is a destination city, and that working people stay in the city even after they retire.

Guns OK'd at Colorado community colleges, including Longmont's Front Range
May 13, 2010  |  Daily Camera
Commenting on Colorado community colleges decision to lift a ban on carrying concealed weapons on campus, Professor H. Patrick Furman says the decision will not effect a possible Colorado Supreme Court decision regarding the University of Colorado's ban on carrying concealed weapons on campus.

Surprising Reactions to Obama's High Court Nominee
May 11, 2010  |  NPR
Professor Paul Campos says "to the extent that it's possible to eventually support [Elena Kagan's] nomination, it has to be based on her answering real substantive questions in the confirmation process instead of going through this kind of kabuki ritual of dodging those kinds of questions, which is what nominees have so successfully done for the past 20 years."

A Few Opinions From Colorado On Elena Kagan, Supreme Court Nominee
May 11, 2010  |  5280 Magazine Blog
Professor Scott Moss says Elena Kagan's nomination to the Supreme Court likely will be affirmed because conservatives will have a tough time portraying her as a radical liberal, Professor Paul Campos argues that her appointment is an abuse of President Obama's discretion.

Kagan Doesn't Deserve It
May 10, 2010  |  The Daily Beast Blog
According to Professor Paul Campos, Obama's nomination of Elena Kagan to the U.S. Supreme Court is an example of the political cronyism and elitism he promised to end.

In Colorado, opinions vary on Obama's choice of Kagan for Supreme Court
May 10, 2010  |  Denver Business Journal
While Professor Scott Moss argues Elena Kagan "likely will be confirmed by the Senate and cannot be portrayed as a liberal radical," Professor Paul Campos says "Kagan lacks enough of a public record of opinions to allow for adequate evaluation of her nomination."

The Lingering Mystery Around Elena Kagan
May 9, 2010  |  CBS News
Professor Paul Campos states, "the support for Kagan's nomination has been based not on her legal views, but almost entirely on her character."

Blank Slate
May 8, 2010  |  The New Republic
Professor Paul Campos states, "the support for Kagan's nomination has been based not on her legal views, but almost entirely on her character."

The People are Dancing Again: The Siletz Tribe of Western Oregon
May 7, 2010  |  YouTube
Professor Charles Wilkinson's book The People are Dancing Again: The Siletz Tribe of Western Oregon provides both a history of the Siletz tribe and a new way to think about the past.

Becker Trial: What is Insanity
April 29, 2010  |  Des Moines Register

Goldman loses - but not by a knock-out
April 29, 2010  |  Financial Times

City manager's legal claim could be tough to prove, expert says
April 23, 2010  |  The Colorado Springs Gazette
Professor Scott Moss said constructive termination claims are not uncommon but are hard to prove.

CU, DU grad programs high on U.S. News best-of lists
April 21, 2010  |  The Denver Post
Colorado Law School was ranked high on the U.S. News & World Report rankings of graduate programs nationwide.

When Wall Street Deals Resemble Casino Wagers
April 19, 2010  |  New York Times

Ergen eyes share of broadband spectrum
April 16, 2010  |  Denver Business Journal
Dale Hatfield "worries that need for spectrum, necessitated by the voracious appetite for mobile broadband, could harm the Internet."

Best practices database reduces impact of drilling, production
April 12, 2010  |  E&P Magazine
Kathryn Mutz's article discusses the Intermountain Oil and Gas BMP Project, which is a comprehensive, free-access, web-based database of oil and gas best management practices for the Intermountain West.

Several with Mass. ties thought to be on short list
April 10, 2010  |  The Boston Globe
Professor Scott Moss believes that "when you have two picks in a relatively short period of time, the second one is not nearly as grueling, because you have the short list.''

A Supreme Court vacancy
April 9, 2010  |  Politico
Professor Scott Moss states, "I would be somewhat surprised if it were not [Diane] Wood or [Elena] Kagan" to replace Justice Stevens.

Can Colorado Opt Out of Health Reform?
April 6, 2010  |  CPR KCFR
Professor Melissa Hart spoke about John Caldara's proposed ballot measure to exempt the state of Colorado from participating in the Federal Health Reform (3:35).

Visual Artists to Sue Google Over Vast Library Project
April 6, 2010  |  The New York Times
Professor Scott Moss said, "Google is trying to control or expand access to virtually all information in the world."

Former DOJ Lawyers Say Electronic Privacy Law Outdated
April 2, 2010  |  Main Justice
Professor Paul Ohm says, "I'm not comfortable with a statute where the personnel of the Department literally determines how much privacy we have."

What makes a Great Library?
March 29, 2010  |  The National Jurist
The Colorado Law School William Wise Library is ranked #21 Best Law Library in the nation.

Colo AG Lawsuit Chances Slim, Say Analysts
March 23, 2010  |  KUNC
Professor Robert Nagel said "he doubts even the current high court will deviate from several decades of precedent."

Health care reform bill lawsuit
March 22, 2010  |  NBC Denver
Professor Melissa Hart spoke about the health care reform lawsuit filed by the states (starts at 2:25).

CU Honors Gary Jackson, Other Alums At Annual Banquet
March 12, 2010  |  Law Week Online
Colorado Law's Annual Alumni Awards Banquet honored four alumni, and Dean David Getches said "the alumni we honor tonight exemplify the best of Colorado Law."

GOP opt-out plan dies in committee
March 12, 2010  |  The Durango Herald
Professor Melissa Hart testified before the Colorado House Judiciary Committee about a bill giving the state of Colorado the option to opt-out of any health care reform program passed by the U.S. Congress. "I think it's an extremely radical interpretation of the 10th Amendment," Hart said about the measure.

Rafting measure hits stormy water
March 11, 2010  |  The Durango Herald
Professor Mark Squillace hopes legislators will take a bill allowing rafting companies to float through private land to the Colorado Supreme Court for an opinion on whether it discriminates against private rafters.

Is the Clean Water Act Losing Ground?
March 10, 2010  |  Your Call Radio
Professor Mark Squillace appears in a broadcast about the issues surrounding enforcement of the Clean Water Act following two U.S. Supreme Court decisions.

World's Pall of Black Carbon Can Be Eased With New Stoves
March 8, 2010  |  Yale Environment 360
"If we could supply cheap, clean-burning cook stoves to the large portion of the world that burns biomass," said Professor Lakshman Guruswamy, " we could address a significant international public health problem, and at the same stroke cut a major source of warming."

Does an Older Jury Undercut Defense
February 23, 2010  |  Des Moines Register

CU-Boulder offering LSAT discount for low-income students
February 22, 2010  |  Colorado Daily
Dean Kristine Jackson helped to organize a program providing low-income students a chance to take a $1600 LSAT prep course for only $120, including materials.

Still Chained? The Overrepresentation of African Americans in the Criminal Justice System
February 19, 2010  |  KGNU Morning Magazine
Professor Ann England and Jennifer Ford (3L) discuss the overrepresentation of African Americans in the criminal justice system, explaining that "for each actor in the criminal justice system, [the decision to go forward] is individual. The problem is that, when we step back and look at the numbers, it's overwhelming."

CU-Boulder Law School conference addresses crime inequality
February 18, 2010  |  Daily Camera
Dean Dayna Matthew explains that Colorado Law's Black Law Student Association decided to organize a conference about the overrepresentation of African Americans in the criminal justice system because they learned of the statistics showing how prevalent the problem is.

Should Your Lawyer Specialize in Entrepreneurship?
February 17, 2010  |  Inc.com
Professor J. Brad Bernthal explains that an LL.M. degree in entrepreneurship is valuable because it shows the recipient has an understanding of the business mindset that "can help bootstrapping start-up companies prioritize their legal needs."

Opera's Bid to Become an iPhone Browser
February 15, 2010  |  Business Week
Research Fellow Wendy Seltzer comments that Apple's decision to allow another Internet browser on the iPhone will reveal whether Apple is truly offering a device for any possibility a user can imagine or a device with a limited amount of ability.

Four Supreme Court justices face a tough vote in elections
February 15, 2010  |  The Denver Post
In a story about a series of decisions by the Colorado Supreme Court that could make retention an issue for several justices, Professor Richard Collins says, "none of these cases was just so outer-space that no reasonable person could agree with it."

Judge Narrows Jury Pool to 36 in Becker Case
February 11, 2010  |  Iowa Times-Repulican

Regents briefs: New degrees approved
February 11, 2010  |  Daily Camera
The Board of Regents approved a master's of law program at Colorado Law, focusing on natural resources, technology and intellectual property, and entrepreneurial law.

Feds Take Deliberate Approach of Oil Shale Leasing
February 5, 2010  |  The New York Times
At a daylong conference hosted by Colorado Law's Natural Resources Law Center, a senior member of the federal Department of the Interior debated the leasing of public lands for research and development of oil shale technology.

Experts Examine Internet's Potential at CU-Boulder's Silicon Flatirons conference
January 29, 2010  |  Daily Camera
Professor Paul Ohm said "Now, boy, the lines are blurred," when commenting about the deregulation of the telephone industry and the result of products such as the Google phone.

CU solar panels trap energy for law school, Coors Event Center
January 29, 2010  |  Daily Camera
Wolf Law Building received solar panels on its roof.

U.S. Agency Pushes Corporations to Disclose Climate Risks
January 28, 2010  |  Worldwatch Institute
Along with several other groups, Colorado Law's Center for Energy and Environmental Security reviewed over 6,000 SEC filings by S&P500 companies and discovered less than 5.5% of them had a strategic plan to manage climate-related risks.

Interior chief Salazar's first year a gusher of controversy
January 24, 2010  |  The Denver Post
After commenting that U.S. Secretary of the Interior Ken Salazar has played a larger role than expected in the Obama administration, Professor Charles Wilkinson states that one of the reasons is the aggressiveness of Salazar's oil and gas administration policies.

U.S. seeks warriors in fight for Internet access
January 24, 2010  |  San Francisco Chronicle
Research Fellow Wendy Seltzer comments that the tools being developed to combat restricted Internet access in countries such as China must be continually updated to keep working.

Want to Become an Entrepreneur? Get a Degree in it, at Law School!
January 22, 2010  |  The Wall Street Journal Law Blog
Professor J. Brad Bernthal says, "Start-up clients need everything under the sun. You need to understand the key drivers of the business and help them prioritize their needs."

LLMs in entrepreneurial law reflect shifting view of profession's role
January 21, 2010  |  The National Law Journal
Professor J. Brad Bernthal says "Being an entrepreneur or counseling start-up companies requires a broad range of skills and a wide range of expertise."

Woman felt left out of top jobs at Outback
January 17, 2010  |  The Denver Post
Commenting on a recent $17 million settlement by Outback Steakhouse for claims of promotion discrimination by female employees, Professor Melissa Hart said the important thing in cases like this is the "structural change that occurs," not the size of the settlement.

CU-Boulder law school studies possible reforms to Colorado River management: Yearlong porject seeks to avoid political pitfalls
January 17, 2010  |  Daily Camera
"People have known for the 1940s, if not before, that [the Colorado River] was over-allocated and that, at some point, it's going to be a major problem," commented Douglas Kenney, a Research Assistant at Colorado Law's Natural Resources Law Center, who is working with Dean David Getches on the Colorado River Governance Initiative to evaluate legal changes to alleviate the over-allocation.

MAP: Robberies in Springs off to a fast start in 2010
January 15, 2010  |  The Gazette (Colorado Springs)
Professor H. Patrick Furman said that hard economic times likely are not the cause of a spike in Colorado Springs robberies because, unlike in past recessions, nationwide crime has decreased during the current economic downturn.

The Road Less Traveled
January 9, 2010  |  The Wall Street Journal

New Vista students want to ban plastic bags in Boulder
January 9, 2010  |  Daily Camera
A team of Colorado Law students (Alex San Fillipo-Rosser, Pamela Maass, and Stephanie Scott) taking Professor Deborah Cantrell's "Lawyers and Social Change" course this past fall teamed with New Vista High School students to draft the ordinance.

Mock Jury Convened in Kehoe Trial
January 1, 2010  |  Cedar Rapids Gazette

Back To Top

2009

Netflix Users Seek to Nix Contest
December 18, 2009  |  The Daily Online Examiner
Professor Paul Ohm implored Netflix not go through with releasing "anonymous" information about its subscribers in a way that makes it easy for people to discover people's identities.

The grid
December 13, 2009  |  The Denver Post
Colorado Law Alum Elias Quinn, who wrote a research paper on the tension between smart grid privacy and innovation, testified on the topic before the Colorado Public Utilities Commission, saying the information electric smart meters gather is powerful, has never been collected before, and needs to have safeguards put in place to protect people's privacy.

Indian land trust abuse and the woman who finally got US to pay up
December 10, 2009  |  The Christian Science Monitor
Following a settlement of a case alleging the US had cheated Indians out of the royalties on their lands, Professor Charles Wilkinson commented that while the settlement was not equal to the full financial loss, it gave the Indian tribes "considerable vindication."

New 'Colorado Energy Profile' Website A Powerful Tool
December 9, 2009  |  Denver Business Journal Blog: From Earth to Power
Colorado Law's Center for Energy and Environmental Security developed the Colorado Energy Profile website to overview Colorado's power plants, energy policies, and coal and natural gas resources.

The Incivility Epidemic: How the Supreme Court's defamation decisions coarsened our public life
December 7, 2009  |  The Weekly Standard
In his article, Professor Robert F. Nagel argues the US Supreme Court's defamation decisions are based on over-simplified logic and have coarsened politics and the public debate.

IRS to auction land on Indian reservation
December 2, 2009  |  USA Today
Following a judicial decision not to allow an injunction of a tax sale of lands in the Crow Creek Reservation, Dean David Getches explains that Indian lands are not usually subject to federal taxes, but there are exceptions for business entities associated with tribes.

Database anonymity at risk, warns researcher: Prof Ohm resists data safety claims
November 20, 2009  |  The Register
In a conversation about anonymous databases with podcast OUT-LAW radio, Professor Paul Ohm says "even though you are deleting many of the identifying fields of information, everything you leave behind retains identifying power" which increasingly powerful computers use to "re-identify" people.

Speaking at CU-Boulder, Ted Turner doesn't mince words: Media mogul a guest at "Entrepreneurs Unplugged"
November 13, 2009  |  Daily Camera
Professor J. Brad Bernthal moderated Ted Turner's speech at the "Entrepreneurs Unleashed" event.

Winner. Loser. Advocate. Ted Turner talks in Colorado
November 9, 2009  |  Denver Business Journal
Former media mogul Ted Turner speaks at the "Entrepreneurs Unleashed" event sponsored by Colorado Law's Silicon Flatirons Center for Law, Technology, and Entrepreneurship..

Jerusalem Mayor Brings Entrepreneurship to Municipal Government
November 4, 2009  |  Boulder Jewish News Website
Professor J. Brad Bernthal moderated a Q&A at the Denver Art Museum, where the mayor of Jerusalem, Nir Barkat, outlined the qualities of a true entrepreneur.

CU Law School Excels
October 30, 2009  |  CU Independent
Commenting on Colorado Law's fifth consecutive year with a bar passage rate over 90%, Colorado Law 2L Joel Borgman comments "I think it speaks to the quality of professors and the quality of the student body as well."

Colorado Bar Exam Is A High-Water Mark For Local Law Schools
October 22, 2009  |  Law Week Colorado
After learning that Colorado Law's bar passage rate in 2009 was 94%, Assistant Dean Lorenzo Trujillo says Colorado Law is very pleased with the high rate, and that he hopes the school's bar passage rate continues to grow.

Anger over health care spills into courtroom
October 19, 2009  |  Denver Business Journal
Commenting on a story about juror's anger with doctors because of health care issues, Professor Dayna Matthews said "the public generally views physicians as high wage earners and thus a major part of the problem. The fact is?physicians and clinics receive just over 20 percent of health care dollars spent in the U.S. while hospitals receive over 30 percent."

Privacy researcher pans Netflix's contest sequel
September 29, 2009  |  Computerworld
Calling the Netflix Prize 2 contest irresponsible, Professor Paul Ohm says "Netflix needs to understand the concept of 'information entropy': even if it is not revealing information tied to a single person, it is revealing information tied to so few that we should consider this a privacy breach."

Netflix Prize 2: What You Need To Know
September 23, 2009  |  Network World
Professor Paul Ohm explains that the Neflix Prize 2 contest could release the identities of over 87% of Americans simply by releasing their date of birth, gender, and zip code.

Could a new Netflix contest put private customer data at risk?
September 22, 2009  |  The Christian Science Monitor
Professor Paul Ohm says that the Netflix Prize 2 contest is "irresponsible" and that if Netflix releases the information for the contest, it might be breaking the law.

Bald eagle case raises issues of religious liberty
September 21, 2009  |  Los Angeles Times
Professor Sarah Krakoff explains that in cases like one in Los Angeles where a Native American man killed a bald eagle for a Sun Dance ritual, courts generally find the permit system does not hamper religious practices.

Ignoring a Law on Foreign Relations
September 15, 2009  |  The New York Times
Commenting on the Justice Department's declaration that President Obama can ignore a federal law from attending certain UN meetings, Professor Harold Bruff said foreign policy statutes are "a realm of many questions and few answers."

Colorado Springs: Slaying of burglar at business sets no precedent
September 8, 2009  |  The Pueblo Chieftain
Professor Emeritus H. Patrick Furman and Professor William T. Pizzi agreed that a prosecutor's decision to hand off a controversial self-defense case to a grand jury was "unconventional" and questionable, but also a smart political move.

A new growth industry?: The virtues of biochar
August 29, 2009  |  The Economist
Professor Lakshman Guruswamy said that poor-world farmers should be encouraged to reduce their carbon footprint by switching from burning trash and waste for heating and cooking to burning biochar, a form of charcoal.

CU hosting nation's first major biochar conference: Ancient farming method gains traction with climate-change scientists
August 11, 2009  |  Daily Camera
Professor Lakshman Guruswamy said "humble biochar has uncharted potential for capturing and storing carbon dioxide, while simultaneously improving soil fertility and agricultural productivity."

Teching it out: Boulder's New Tech Meetup attracts hundreds for networking, pitching of new companies
August 10, 2009  |  Daily Camera
Colorado Law hosts the New Tech Meetup, a technology networking event.

Dam decision poses test for Obama team
August 8, 2009  |  OregonLive Blog
In his article, Professor Charles Wilkinson writes about the importance of the Obama administration's scientific and legal actions related to four dams on the lower Snake River.

Dollars down, donors up in CU fundraising: Decrease of 18 percent still ranks '08-'09 fiscal year as second best
July 21, 2009  |  Daily Camera
Colorado Law receives a $5 million dollar donation for experiential learning, including legal clinics and moot court competitions.

Sotomayor Hearing Revives Old Battle About Questioning of High Court Nominees
July 13, 2009  |  National Law Journal
Professor Robert Nagel proposes that Congress question Supreme Court nominee Sonia Sotomayor about the social consequences of major Supreme Court decisions in order to confirm she has "transcended the limits of professional training."

Local Theater encourages use of cook stoves in Guatemala
June 26, 2009  |  Daily Camera
Colorado Law's Center for Energy and Environmental Security explains that black soot from indoor-cooking fires leads to health complications, including the death of more than 1.5 million people each year.

A David vs. Goliath battle emerges in the fight for dialysis dollars
June 26, 2009  |  The Gazette (Colorado Springs)
Professor Mark Loewenstein says that multi-billion dollar corporation DaVita's approach of suing its competitors may be a matter of aggressive self-preservation.

Same old same old Sonia Sotomayor
June 22, 2009  |  The Denver Post
Professor Robert Nagel says legal groupthink has made the whole country politically timid and "slavish in believing we need to be saved by the Supreme Court."

Documentary covers efforts to lay grave mystery to rest
June 17, 2009  |  Lawrence Journal-World
Professor Marianne Wesson helps solve mystery in 1800s insurance fraud case.

CU team cracks case of John Wesley Hillmon: Profs determine identity of man buried in Kansas grave
June 14, 2009  |  Daily Camera
Professor Marianne Wesson explains that despite six separate trials and a 2 Supreme Court rulings, many believed the wrong man was buried in Hillmon's tomb.

Sonia Sotomayor
June 10, 2009  |  PBS Colorado State of Mind
Dean David H. Getches spoke on a panel of distinguished Colorado legal minds discussing the confirmation process for Sonia Sotomayor, President Obama's first U.S. Supreme Court nominee.

Colo. colleges face changing economy
May 19, 2009  |  The Denver Post
Professor Phil Weiser comments that a professor's most challenging role is "making a quickly changing field relevant for students."

Other diversity key for high court
May 17, 2009  |  The Denver Post
Dean David Getches writes in his editorial "for [US Supreme Court] justices to be more than vestigial remnants of the politics of presidential administrations that appointed them, they need a diversity of life experiences."

Second CU law professor off to D.C.
May 7, 2009  |  The Denver Post
Professor Nestor Davidson and Professor Philip Weiser join the Obama administration.

Oil and Gas Companies Ordered To Comply In Colorado: Coalbed Methane Subject to Water Law
April 27, 2009  |  Law Week Colorado
Professor Mark Squillace said "it wasn't that they didn't want to try and manage their water extractions to protect land owners and owners of other water rights, but rather they didn't want to go to water court because it's expensive and it takes time."

Access to Justice Launches Pilot Mentoring Program: It will Connect Students With Lawyers
April 27, 2009  |  Law Week Colorado
Colorado Law's Public Interest Student Association (PISA) has stepped up to work with Access to Justice on pro bono work at the law school.

Billionaire's advice to feds: It's the economy
April 23, 2009  |  The Denver Post
Commenting on billionaire Sam Zell's advice to the Entrepreneur's Unplugged event at Wolf Law School, Professor Scott Peppet said "the day the shareholders approved the deal [to sell Zell's company] was the top of the real-estate market in the United States."

Effort would draw water from Wyoming
April 22, 2009  |  The Denver Post
Professor Mark Squillace questioned whether a proposed water pipeline from Wyoming to Colorado would pass legal challenges in both states.

CU professor joins Justice Department
April 22, 2009  |  The Denver Post
Dean David Getches commented that Professor Philip Weiser's appointment as a deputy assistant attorney in the U.S. Justice Department's antitrust division was something the law school is proud of, though it will miss "his talents as a strategic thinker, administrator, and leader."

Pursuit of convictions puts justice in jeopardy
April 13, 2009  |  indystar.com
Professor Bill Pizzi said that too often prosecutors possess a "conviction mentality."

Arbitration Changes Brewing In Congress: 'This Will Be The Kiss Of Death,' Predicts Arbitration Honcho
April 6, 2009  |  Law Week Colorado
Professor Amy Schmitz said "I don't know how much time is going to be devoted to the Arbitration Fairness Act with everything else going on."

When a Court Decides Who Can Marry: A Painfully Labored Analysis
April 3, 2009  |  The New York Times Blog
In an editorial about the recent Iowa Supreme Court's gay marriage decision, Professor Robert F. Nagel writes "If it true that the right to marry bestowed in this way will actually provide gays and lesbians with a sense of personal and public affirmation, then we are indeed in a depleted condition."

Labor-act foe fears bullying
March 31, 2009  |  The Denver Post
Professor Ahmed White called the current federal labor statute dysfunctional because it discriminates against workers exercising their right to organize.

Profs grapple with laptop rules as CU campus goes wireless: Some relying in social norms to keep students paying attention in class
March 15, 2009  |  Daily Camera Live Web Chat
Professor Phil Weiser tells his students "'Look at what your colleagues are doing and try to admonish them if they are not engaged in productive use of their laptops.' The mind doesn't do anything as effectively when it's being pulled in different direction."

Native spiritual and tribal rights are the focus of legal discussion
March 9, 2009  |  Indian Country Today
Professor Sarah Krakoff noted that Native sacred sites often ended up on public or private lands with the shrinking of reservations.

CU law clinic connects students with entrepreneurs: Entrepreneurial Law Clinic 'like a lab for the sciences'
March 2, 2009  |  Daily Camera
Professor Brad Bernthal said "A law school clinic is like a lab for the sciences--it's a place where theory meets practice."

Experts: Money, venue change played role in Midyette trials
February 18, 2009  |  Colorado Daily
Professor H. Patrick Furman said that switching Alex Midyette's trial abuse trial from Boulder to Denver allowed him a fairer trial than his wife because it allowed selection of jurors who knew nothing about the case.

The Gift That Keeps On Giving:
February 17, 2009  |  Concurring Opinion legal blog
In her commentary, Professor Helen Norton notes that the U.S. House of Representatives debate over whether to seat Blagojevich's appointment, Representative Burris, gives law students an excellent chance to discuss the little discussed Article I, section 5, clause 2 of the U.S. Constitution.

After A-Rod, When (If Ever) Are Assurances of Confidentiality Credible?
February 10, 2009  |  Concurring Opinions legal blog
Professor Helen Norton asks whether any "anonymous" survey's or test's promise of confidentiality actually means anything.

Gender and Pay
February 9, 2009  |  Concurring Opinions legal blog
Professor Helen Norton argues that transgender studies indicate that women's lower wages are not the results of lower investments in human capital development, as a Bush administration study claims.

Telecoms ready for broadband surge if stimulus bill is approved
February 9, 2009  |  Denver Business Journal
Responding to technology experts' worries that the U.S. is falling behind other industrial nations in broadband development, Professor Phil Weiser said "the federal stimulus package would help, but it's mainly meant to be a jobs program--not a technological fix for the country."

Obama v. Cognitive Bias
February 4, 2009  |  Concurring Opinions legal blog
Professor Helen Norton theorizes that the implicit bias against black individuals may decrease due to the prominence of President Obama in the news.

Speech at Work
February 2, 2009  |  Concurring Opinion legal blog
Professor Helen Norton worries that the concurring opinions in Crawford v. Metropolitan Gov't of Nashville would chill workplace chatter by only protecting it in whistleblower cases.

Some question police handling of ex-mayor's traffic stop
January 31, 2009  |  The Gazette (Colorado Springs)
Professor H. Patrick Furman said that a police decision not to cite former Colorado Springs mayor Mary Lou Makepeace was "extraordinarily unusual."

Consumer conundrum
January 29, 2009  |  Denver Post
Professor Amy Schmitz writes a consumer poem.

Colorado's Rule: Three had hand in recent Wal-Mart employee case
January 12, 2009  |  Law Week Colorado
Professor Melissa Hart says "I have a feeling that if this [Wal-Mart employment litigation] isn't the last, it's close to the last. I think Wal-Mart has improved."

University of Colorado School of Law
January 12, 2009  |  Law Week Colorado
The Software Regulation Clearing house, conceived of and managed by Professor Paul Ohm, is a publically available site of over 470 federal and state software development regulations.

Solicitor-general nominee: impressive First Amendment resume
January 8, 2009  |  firstamendmentcenter.org: analysis
Professor Helen Norton says that Obama's Solicitor-General nominee Elena Kagan's article "proposes--and then persuasively supports--a coherent explanatory theory of the Supreme Court's First Amendment doctrine."

CU Law School Receives $5M Gift
January 7, 2009  |  Colorado Higher Ed News
Dean David H. Getches plans to use a $5 million endowment from the Schaden Family Fund to "establish and staff an Experiential Education Program that builds linkages with faculty involved in experiential education and those doing traditional classroom teaching."

FCC to come under closer scrutiny
January 5, 2009  |  Government Executive
Professor Phil Weiser says "the FCC was created for a very different world where there weren't innovators--there were monopolies, oligopolies."

Reforming the Federal Communications Commission
January 5, 2009  |  C-SPAN
Professor Phil Weiser participates in a panel discussion of how the FCC can do a better job of managing spectrum, net neutrality, and media ownership.

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2008

Best law schools for Public Interest Law
November 1, 2008  |  The National Jurist
Colorado Law is ranked 28th on a list of the best law schools for public interest.

Wall Street meltdown linked to 'outsourcing' of regulation to private code
October 8, 2008  |  ComputerWorld

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