News /law/ en Reflections and Lessons from Judge Crews’ First Year on the Federal Bench /law/2025/03/05/reflections-and-lessons-judge-crews-first-year-federal-bench Reflections and Lessons from Judge Crews’ First Year on the Federal Bench Emily Battaglia Wed, 03/05/2025 - 11:33 Categories: News Tags: homepage news M.R. Dickey '26 & Reya Roussel '25

On Tuesday, February 18th, the Black Law Students Association (BLSA) and the Byron R. White Center invited the Honorable District Court Judge S. Kato Crews to discuss his first year as an Article III judge for the District of Colorado. After Byron White Center Director Deep Gulasekaram welcomed everyone to the event, BLSA Treasurer, Isaac Ogundare, introduced the keynote speaker, adding that this event was commissioned to celebrate Black History Month.

Judge Crews began his talk by noting that he was the third black Article III judge ever appointed in Colorado, and that every single one of them had held the same third seat on the District Court. For his reflection, this fact was important because, he said, it framed how he handled himself as a judge of color who now faced sentencing many defendants who shared his skin color. Judge Crews emphasized that he wants to be seen as a “professional person of color” out in the world, and being a judge is part of that in the sense that he might be the only person that a defendant interacts with throughout the whole criminal justice process who looks like him. For Judge  Crews, that means to always interact with the defendants in front of him with decency and empathy; that means looking in their eyes when he sentences them.

The first time he sentenced a criminal defendant, Judge Crews confessed that he could not look into his eyes as he normally would when previously serving as a magistrate judge. That oversight still bothers him to this day. Judge Crews makes a point now, in every sentencing hearing he presides over, to look into the eyes of the defendant, dictate the reasons for the sentence he imposed, a journal his decision-making process and note one thing about that defendant when doing so. Judge Crews said that he knew the people in his courtroom are likely are experiencing the worst day of their lives. As such, he feels it is his duty to give them a reason for his decision, allowing them to understand and contemplate the Judge’s conclusions even if they don’t agree with it. The impact this has on these defendants is unknown, but Judge Crews relayed that one public defender told Judge Crews that his client remarked, “At least he looked like me.”

During the question and answer portion, Judge Crews also gave insight into his “surreal” appointment process and “extensive and brutal” confirmation when being selected for the federal bench. Through this process, he quickly recognized his great responsibility to apply and uphold the law as well as be a good person in and out of the courtroom. He compared his judicial responsibilities to those that law students will soon face as new lawyers. While judges may be limited to neutrally applying the rule of law, attorneys have a wider opportunity to reach the community while building reputations and relationships in daily practice. This community outreach must be balanced with personal priorities to reach fulfillment in legal careers. In short, “make your own path.”

Judge Crews is a federal judge who advocates for empathy and open-mindedness, seeing himself as representative of the black legal professional and acknowledging that these values are necessary in the pursuit of justice. His engagement with the Colorado legal community was invaluable.

On Tuesday, February 18th, the Black Law Students Association (BLSA) and the Byron R. White Center invited the Honorable District Court Judge S. Kato Crews to discuss his first year as an Article III judge for the District of Colorado.

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Wed, 05 Mar 2025 18:33:43 +0000 Emily Battaglia 12436 at /law
ICYMI: Faculty Publications, Media Mentions, and Faculty & Staff Activities /law/2025/03/03/icymi-faculty-publications-media-mentions-and-faculty-staff-activities ICYMI: Faculty Publications, Media Mentions, and Faculty & Staff Activities Emily Battaglia Mon, 03/03/2025 - 11:36 Categories: News Tags: homepage news

Faculty Publications  

Maryam Jamshidi, in The 2024 ICJ Advisory Opinion on the Occupied Palestinian Territory 189 (Kai Ambos, ed., 2025). 

Margot E. Kaminski, with Rebecca Aviel, Toni M. Massaro, & Andrew Keane Woods, 134 Yale L. J. 1269 (2025). 

Media Mentions 

[Violeta Chapin], Erin O'Toole, KUNC In the NoCo (Feb. 26, 2025). 

Jalessa Irizarry, KUNC (Feb. 26, 2025). 

Faculty & Staff Activities  

Alexia Brunet Marks, William & Mary Law School 2025 Environmental Law & Policy Review Symposium on Extended Producer Responsibility (upcoming, March 1, 2025)(presenting her paper “Transitioning to Regenerative Agriculture: One Net-Zero Pledge at a Time”, 49 WM. & MARY ENV’T L. & POL’Y REV. (forthcoming 2025)). 

Paul Campos, Lawyers, Guns, & Money (Feb. 21-28), blog posts  

(debator), Georgetown Law Federalist Society Daniel Webster Debate (Feb. 5, 2025). 

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

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Mon, 03 Mar 2025 18:36:53 +0000 Emily Battaglia 12425 at /law
“Self-Determining Greenland”: A Discussion on Inuit Rights and International Law at the University of Colorado Law School /law/2025/03/03/self-determining-greenland-discussion-inuit-rights-and-international-law-university “Self-Determining Greenland”: A Discussion on Inuit Rights and International Law at the University of Colorado Law School Emily Battaglia Mon, 03/03/2025 - 09:54 Categories: News Tags: homepage news Emiliano Salazar '23

The American Indian Law Program (AILP) at the University of Colorado Law School hosted a hybrid panel discussion entitled “Self-Determining Greenland: Understanding Inuit Rights and International Law,” on February 24, 2025.  

Design by Hannah Ahders '25

The event came in the wake of comments made by President Trump about his interest in the United States acquiring the island nation of Greenland from Denmark on January 7, 2025, mirroring similar statements made by the President in 2019. Following questions from students and the public, the AILP prepared a background document on the situation in Greenland, and convened several experts for discussion.

Featured speakers were Sara Olsvig, Chair of the Inuit Circumpolar Council, joining from Greenland; Naja Dyrendom Graugaard, Associate Professor at the University of Copenhagen, joining from Denmark; and S. James Anaya, Professor at the University of Colorado Law School, joining from the United States. Professor Anaya previously served as United Nations Special Rapporteur on the Rights of Indigenous Peoples.

Ms. Olsvig provided background on Greenland. Known as “Kalaallit Nunaat” in the Inuit language, Greenland is a country where approximately 90% of the population is Inuit. Dating back to 1979, the Parliament of Greenland (or Inatsisarut) has served as the primary political body that makes decisions regarding the land, citizens, language, and resources of Kalaallit Nunaat. In 2009, the Self-Government Act recognized that the people of Greenland are a people with the right to self-determination under international law. The Act also outlined the process by which Kalaallit Nunaat could seek independence from Denmark. On March 31, 2023, a constitutional commission produced a draft constitution for an independent Kalaallit Nunaat.

AILP Logo by Adam Youngbear

Ms. Olsvig indicated that in Kalaallit Nunaat, the salient question is not whether a new colonizing power would be preferable to the current one, but rather which actions best empower the Greenlandic people to exercise self-government following centuries of colonization by Denmark.

Associate Professor Graugaard discussed systemic discrimination faced by Inuit people, both in Kalaallit Nunaat and in Denmark, including the forced sterilization of Inuit women by Danish authorities, as well as the removal of Inuit children from their families. She also emphasized the need to consider the value of rare minerals, such as cryolite or “white gold,” that have long been extracted from Greenland for the benefit of Denmark’s institutions, companies, and citizens.

Professor Anaya outlined relevant frameworks under the international law of self-determination. The “decolonization” framework provides peoples of formally colonized territories to freely establish independent statehood or other arrangements. The decolonization framework was applied to Kalaallit Nunaat under United Nations procedures, which were discontinued after Denmark in 1953 incorporated Kalaallit Nunaat as a province.  That incorporation, however, was not clearly the result of the freely expressed will of the people of Kalaallit Nunaat, and thus the people Kalaallit Nunaat are entitled to choose independence or other arrangement. Also applicable is the Indigenous Peoples’ framework, under which the Inuit people in Kalaallit Nunaat are entitled to pursue self-determination. Ordinarily, under the Indigenous Peoples framework, self-determination is to be exercised within a nation-state.  Either framework could give rise to a number of legal structures and political arrangements.

Audience members raised issues of Inuit language, culture, and identity. Several participants located the current issues within a broader context of political, military, and economic interests in the Arctic region. Inupiaq participants from Alaska voiced support for the Inuit of Kalaallit Nunaat.

The panel was moderated by AILP Director and Professor Carpenter, and AILP Fellow Emiliano Salazar ’23. Professor Carpenter noted that “it is important for the American Indian Law Program at Colorado Law to elevate the voices of Indigenous Peoples and help to educate the public about the laws and policies affecting them.” For more information about the AILP, please visit our website.

The American Indian Law Program (AILP) at the University of Colorado Law School hosted a hybrid panel discussion entitled “Self-Determining Greenland: Understanding Inuit Rights and International Law,” on February 24, 2025.

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Mon, 03 Mar 2025 16:54:14 +0000 Emily Battaglia 12424 at /law
Adjunct Spotlight: Martha Fulford /law/2025/02/28/adjunct-spotlight-martha-fulford Adjunct Spotlight: Martha Fulford Emily Battaglia Fri, 02/28/2025 - 12:20 Categories: News Tags: homepage news

Every year, around 45 adjunct faculty teach a wide range of upper-level courses. With a mix of theoretical and practice-minded perspectives, adjuncts are an essential part of the Colorado Law community. In this series, we are thrilled to highlight a few of our amazing adjuncts and learn what they enjoy most about training the next generation of lawyers. First up, we have Martha Fulford. Professor Fulford teaches Consumer Protection Laws and Policies here at Colorado Law, a course that will be offered once again in Fall 2025.  

Martha Fulford is an Assistant Deputy at the Colorado Attorney General's Office. She leads the office's civil rights work, including housing and worker protections, and pattern or practice investigations. She also serves as the consumer credit administrator, enforcing laws related to consumer lending, private education lending, student loan servicing, mortgage servicing, debt collection, and debt settlement.  
 
Before joining the AG's office, Fulford was senior counsel at the National Student Legal Defense Network, representing student loan borrowers in impact litigation against student loan servicers and the U.S. Department of Education.  
 
From 2012 to 2018, Fulford served in the Legal Division at the Consumer Financial Protection Bureau, where she advised agency leadership on administrative law, Dodd-Frank authorities, and federal consumer financial law, and served as the student lending lead for the Legal Division.  
 
Fulford clerked for U.S. District Court Judge Tucker L. Melançon and for Judge Michael A. Chagares on the U.S. Court of Appeals for the Third Circuit. She graduated magna cum laude from Yale University with a double major in history and international studies. Fulford earned her J.D. from Columbia University School of Law, where she was a James Kent Scholar and managing editor of the Columbia Law Review.  

Learn more about Fulford in the Q&A below!  

What do you enjoy most about being an adjunct at Colorado Law?   

MF: I enjoy getting to know students and encouraging them to consider careers in consumer protection and public service generally.  

How has your work as an adjunct impacted your own practice of law, and vice versa?  

MF: I am impressed with the consumer protection problems students identified from their own lives and the creative legal solutions they came up with to address these problems.  

Can you tell me more about your course, Consumer Protection Laws and Policies? What do you hope students will get out of taking the course?  

MF: The course will focus on protections we all rely on, when taking out student loans, making an online purchase, using a bank account, accessing rental housing, or buying a home.  When these protections fail, real people suffer and the ripple effects can be systemic, such as in the Financial Crisis. In addition to substantive topics of consumer protection, the course will include policy, statutory interpretation, agency regulation, administrative law, and constitutional law. Finally, you'll learn to be a discerning consumer, aware of your rights, and able to protect yourself as you navigate an ever more complicated landscape for consumers. 

 

Every year, around 45 adjunct faculty teach a wide range of upper-level courses. With a mix of theoretical and practice-minded perspectives, adjuncts are an essential part of the Colorado Law community. In this series, we are thrilled to highlight a few of our amazing adjuncts and learn what they enjoy most about training the next generation of lawyers. First up, we have Martha Fulford.

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Fri, 28 Feb 2025 19:20:35 +0000 Emily Battaglia 12423 at /law
In Memoriam: Richard Irvin '73 /law/2025/02/28/memoriam-richard-irvin-73 In Memoriam: Richard Irvin '73 Emily Battaglia Fri, 02/28/2025 - 09:31 Categories: News Tags: homepage news

Richard Drury Irvin ‘73 passed away on December 9, 2024. An active member of the Boulder legal community for many years, Irvin will be remembered for his integrity and sense of humor. He was a past president of the Boulder County Bar Association (2010-2011) and remained active in BCBA and the wider legal community until multiple sclerosis forced him to retire in 2016. Even in retirement, Irvin was always ready to get together with the many colleagues who became friends over the years.

“I came to know Rich well during my three terms as Boulder District Attorney,” said Stan Garnett ’82, Partner at Garnett Powell Maximon Barlow & Farbes. “Rich was a thoughtful, vigorous and effective advocate for justice in any setting…The community is filled with people who benefitted from his lawyering and above all, I counted him an important friend in the legal community who would always tell the truth.”

Irvin was born September 19, 1946. After graduating with honors from Ohio University, Irvin worked in the Lake County Department of Social Services by day while attending Cleveland State University College of Law at night until 1971, when he transferred to the University of Colorado School of Law, where he received his JD in 1973. 

During his time at CU, Rich was involved with its clinical program and credited his law school experiences with leading him into a career that he dearly loved. Upon his admittance to the Bar in 1974, Rich joined the Office of the Colorado State Public Defender, serving in Denver and Boulder. He loved to tell the story of having a jury trial on his second day on the job. And as those who knew him could attest, he had many other stories he would often recount as a public defender and later in private practice (1980-2016). In 2019, Irvin received the Boulder County Bar Association’s highest honor, the Ron Porter Award of Merit.

Irvin’s involvement in the Colorado Law alumni community was vast – and ranged from attending Homecoming events, CLE presentations, annual lectures, and some class reunions. Additionally, Irvin was involved with the CU Alumni Association and the Directors’ Club (now Forever Gold), where he served on the Board and was its President.

Those who worked alongside Irvin will recall his colorful and passionate style in the courtroom and his dedication to providing a zealous defense to clients from all walks of life. As his daughter Margo commented at an early age to a friend, Irvin went to court “to make things fair.”

“Rich had a distinguished career as an attorney and was acknowledged as one of the County’s legal leaders,” said Hon. David. A. Archuleta ’89. “Rich and I had many cases together and, while he always tried to optimize the outcomes for his clients, he was always also completely professional and thoughtful. Notwithstanding his legal accomplishments, his best attribute is probably his lifelong quest for justice and a mature appreciation for people and their circumstances.”

Rich was a true extrovert who lived life to the fullest and thrived on good conversation, novel experiences, and an appreciative audience for his stories and (bad) jokes. He was passionate about history, movies, music, travel, and the CU Buffs.

Irvin married Ruth Kromminga (now Irvin) in 1987 after meeting at a Colorado Trial Lawyers Association conference, and for many years they practiced law together as Irvin & Irvin. Their daughter, Margo, is married to Scott Baez (also a lawyer), and they live in California. 

Gifts in Irvin’s name may be made to the  at the University of Colorado Law School (you may donate online or make your check out to CU Foundation, write fund #D-0024359 on the check, and mail it to University of Colorado Foundation, P.O. Box 17126 Denver, CO 80217-9155) or the Boulder Philharmonic (1600 Range St., #200, Boulder, CO 80301).

A celebration of life will be held on May 4 at the Byron White Club lounge at CU’s Folsom Field. .

 

Richard Drury Irvin ‘73 passed away on December 9, 2024. An active member of the Boulder legal community for many years, Irvin will be remembered for his integrity and sense of humor. He was a past president of the Boulder County Bar Association (2010-2011) and remained active in BCBA and the wider legal community until multiple sclerosis forced him to retire in 2016.

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Fri, 28 Feb 2025 16:31:28 +0000 Emily Battaglia 12420 at /law
Professor Margot Kaminski named "Top 100 Legal Scholar" /law/2025/02/28/professor-margot-kaminski-named-top-100-legal-scholar Professor Margot Kaminski named "Top 100 Legal Scholar" Emily Battaglia Fri, 02/28/2025 - 09:23 Categories: News Tags: homepage news Emily Battaglia

Congratulations to , who was recently listed as a   

In its third iteration of this study, the authors focus on recent publications as opposed to career-long research outputs. This helps recognize a broader range of scholars, emphasizing current impact.  

“The Colorado Law community is thrilled to celebrate Professor Kaminski’s recognition as one of the top 100 legal scholars," said Colorado Law Dean and Provost’s Professor of Law Lolita Buckner Inniss. "Her scholarship and leadership have made a substantial impact on the legal field, and we eagerly anticipate the continued influence of her research and engagement.” 

The pool of authors from which the study pulled is large, with ABA 509 data indicating that there are roughly 9,663 full time faculty members across reporting schools. Kaminski was ranked 91st based on citations to law review articles published in the HeinOnline Law Journal Library from 2018 through 2020, and 65th when co-authorship was considered.  

“I’m honored to be included on this list, which includes incredibly impressive scholars I’ve long admired,” Professor Kaminski said. “No one study perfectly captures impact, but I appreciate the authors’ thoughtfulness about the metrics they chose. It is truly exciting to find out about the relative level of impact of my recent work. I’m very grateful to my co-authors, and to colleagues in my field and at Colorado Law for crucial feedback. I am also grateful for the support I have received for my scholarship from Fulbright, and at various academic institutions, including Colorado Law.” 

Kaminski’s work specializes in the law of new technologies, focusing on information governance, data privacy, and freedom of expression. Recently, her research has focused on AI Law; she is currently drafting a leading co-authored casebook in the field. 
 
In 2018, Professor Kaminski conducted research on comparative data privacy law at the University of Amsterdam's Institute for Information Studies (IVIR) and Scuola Superiore Sant’Anna as a recipient of the Fulbright-Schuman Innovation Grant. In 2024, she conducted research on comparative AI Law at the European University Institute (EUI) as a Fernand Braudel Senior Fellow and recipient of a 2024 Fulbright-Schuman Grant.  

Congratulations to Professor Margot Kaminski, who was recently listed as a Top 100 Legal Scholar for 2024!

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Fri, 28 Feb 2025 16:23:34 +0000 Emily Battaglia 12419 at /law
ICYMI: Faculty Publications, Media Mentions, and Faculty & Staff Activities /law/2025/02/24/icymi-faculty-publications-media-mentions-and-faculty-staff-activities ICYMI: Faculty Publications, Media Mentions, and Faculty & Staff Activities Emily Battaglia Mon, 02/24/2025 - 16:17 Categories: News Tags: homepage news

Faculty Publications 

Maryam Jamshidi,  2024 U. Chi. Legal F. 161 (2025). 

Vivek Krishnamurthy 25 Chi. J. Int'l L. 417 (2025). 

Amanda Parsons, The Shifting Economic Allegiance of Capital Gains,in  79 (2025). 

Harry Surden SSRN.com(forthcoming, 96 U. Colo. L. Rev. 376 2025). 

Media Mentions 

[Jonathon Booth], Matt Sedensky,  Associated Press (Feb. 15, 2025). 

[Deep Gulasekaram], Celeste Bott, Law360 (Feb. 14, 2025). 

[Jud Lohnes, Korey Wise Innocence Project], Marianne Goodland,  Denver Gazette (Feb. 20, 2025). 

[Mark Squillace], Lesley Clark & Niina H. Farah,  E&E News (Feb. 19, 2025). 

[Harry Surden], Sara Merken,  Reuters (Feb. 18, 2025)(reprints include Denver Gazette). 

[Silicon Flatirons Center Conference] Telecommunications Reports (Feb. 15, 2025)(Lexis login required). 

Faculty & Staff Activities 

James Anaya (speaker), Kristen Carpenter & Emiliano Salazar (moderators),  (upcoming, Feb. 24, 2025). 

Paul Campos, Lawyers, Guns, & Money (Feb. 14-21), blog posts  

Kristen Carpenter (speaker),  (upcoming, Feb. 27, 2025). 

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

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Mon, 24 Feb 2025 23:17:37 +0000 Emily Battaglia 12408 at /law
ICYMI: Faculty Publications, Media Mentions, and Faculty & Staff Activities /law/2025/02/16/icymi-faculty-publications-media-mentions-and-faculty-staff-activities ICYMI: Faculty Publications, Media Mentions, and Faculty & Staff Activities Emily Battaglia Sun, 02/16/2025 - 13:42 Categories: News Tags: homepage news

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

Faculty Publications  

Amanda Parsons, 58 U.C. Davis L. Rev. 1745 (2025). 

Media Mentions 

[Violeta Chapin], Rossana Longo-Better,  Boulder Reporting Lab (Feb. 11, 2025). 

[Deep Gulasekaram], Maia Spoto,  Bloomberg Law (Feb. 12, 2025). 

[Chris Winter, GWC], Elise Schmelzer,  Denver Post (Feb. 9, 2025)(Lexis link ) 

Faculty and Staff Activities 

[Kristen Carpenter, Deep Gulasekaram, Blake Reid, Jonathan Skinner-Thompson, Scott Skinner-Thompson], Matthew Engebretsen, The Byron White Center Hosts 2025 Scotus Preview, Colorado Law (Feb. 10, 2025). 

Paul Campos, Lawyers, Guns, & Money (Feb. 7-14), blog posts  

[Amanda Parsons], Paul Caron TaxProf Blog (Feb. 7, 2025) &  TaxProf Blog (Feb. 13, 2025)(presenting Tax Law for Informational Capitalism as part of the Duke Tax Policy Seminar (Feb. 13, 2025). 

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

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Sun, 16 Feb 2025 20:42:21 +0000 Emily Battaglia 12390 at /law
ICYMI: Faculty Publications, Media Mentions, and Faculty & Staff Activities /law/2025/02/10/icymi-faculty-publications-media-mentions-and-faculty-staff-activities ICYMI: Faculty Publications, Media Mentions, and Faculty & Staff Activities Emily Battaglia Mon, 02/10/2025 - 09:52 Categories: News Tags: homepage news

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

Faculty Publications

Nadav Orian Peer,  (SSRN.com, U. of Colorado Law Legal Studies Research Paper No. 25-5). 

Media Mentions 

[Violeta Chapin], Marty Lenz & Jeana Gondek, , KOA Radio (Feb. 5, 2025). 

[Violeta Chapin], Nicole Brambila,  Denver Gazette (Feb. 4, 2025). 

[Deep Gulasekaram], Carly Moore,  KDVR (Feb. 5, 2025). 

[Maryam Jamshidi],  Hyphen (Feb. 6, 2025). 

Scott Skinner-Thompson Slate (Feb. 3, 2025). 

[Mark Squillace] Kate Groetzinger & Aaron Weiss,  Center for Western Priorities (Jan. 31, 2025). 

[Mark Squillace], Bobby Magill,  Bloomberg Law (Feb. 4, 2025). 

[Silicon Flatirons Conference], Lucas High,  Daily Camera (Feb. 4, 2025) (first published in BizWest, Lexis login required). 

Faculty & Staff Activities 

Brad Bernthal (moderator), Deep Gulasekaram (keynote speaker), Margot Kaminski (panelist), Vivek Krishnamurthy (moderator), Blake Reid (moderator & debater), Harry Surden (panelist), , Silicon Flatirons (Feb. 2-3, 2025). 

[Dean Lolita Buckner Inniss & Skyler Arbuckle],  (upcoming webinar, Feb. 19, 2025 at 11am MST)(presenting on their article “”). 

Paul Campos, Lawyers, Guns, & Money (Feb. 1-7), blog posts . 

[Deb Cantrell], Emily Battaglia,  Colorado Law (Jan. 23, 2025). 

Rebecca Ciota Colorado Law (Feb. 4, 2025). 

 

 

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

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Mon, 10 Feb 2025 16:52:44 +0000 Emily Battaglia 12386 at /law
The Byron White Center Hosts 2025 SCOTUS Preview /law/2025/02/10/byron-white-center-hosts-2025-scotus-preview The Byron White Center Hosts 2025 SCOTUS Preview Emily Battaglia Mon, 02/10/2025 - 09:32 Categories: News Tags: homepage news Matthew Engebretsen

The Byron White Center for the Study of American Constitutional Law kicked off the spring semester with its annual SCOTUS Preview event, offering the Colorado Law community a glimpse into key cases before the United States Supreme Court. , the Director of the White Center, served as the moderator, guiding discussions on constitutional protections, religious freedoms, environmental policy, and digital rights. 

The discussion began with a case addressing Tennessee’s law prohibiting gender-affirming care for minors. The law, part of a broader trend of restrictions on transgender rights, was challenged under the 14th Amendment’s Equal Protection Clause. examined whether alleged discriminatory intent—such as —plays a role in determining constitutional violations and whether Bostock v. Clayton County (2020), a landmark LGBTQ+ rights case, might influence the Court’s reasoning. 

Next, was highlighted for its potential impact on religious freedoms and Indigenous sovereignty. explained the case’s focus on Oak Flat, a sacred site for the Western Apache that sits atop one of the world’s largest copper deposits. Despite its significance for Apache religious practices, the federal government considers it public land and has approved mining operations that would permanently destroy it. The case raises questions about First Amendment protections and the 1852 treaty between the U.S. and the Apache, as well as whether current precedent adequately protects Indigenous sacred sites. 

Environmental law took center stage with , a case addressing the scope of the National Environmental Policy Act (NEPA). led the discussion on whether federal agencies must assess broader environmental consequences, such as increased wildfire risks and potential oil spills, when approving projects like the proposed railway spur line for crude oil transport. He emphasized the need for clearer standards on the depth of environmental impact reviews required under NEPA. 

In the realm of free speech and digital regulation, guided the conversation on two significant First Amendment cases. In , he explored Texas’s age verification law for online pornography and whether it imposes an undue burden on adults’ access to protected speech. The case revisits longstanding precedent and questions whether rational basis review, rather than strict scrutiny, is the appropriate standard. 

emerged as one of the most high-profile cases of the term. TikTok is challenging the federal government’s Protecting Americans from Foreign Adversary Controlled Applications Act, which bars app stores from hosting TikTok and imposes severe penalties for violations. Professor Reid analyzed the Supreme Court’s unanimous decision to uphold the law and its implications for free speech in the digital age, particularly regarding government control over foreign-owned platforms. 

With a docket filled with high-stakes constitutional questions, the 2025 SCOTUS term promises to shape critical areas of law. moderation ensured a dynamic and engaging discussion. The Byron White Center’s annual preview continues to provide an accessible and insightful forum for students, faculty, staff, and community members to analyze the Court’s evolving jurisprudence. Stay tuned for future events as these cases unfold and impact constitutional law nationwide. 

The Byron White Center for the Study of American Constitutional Law kicked off the spring semester with its annual SCOTUS Preview event, offering the Colorado Law community a glimpse into key cases before the United States Supreme Court. Professor Deep Gulasekaram, the Director of the White Center, served as the moderator, guiding discussions on constitutional protections, religious freedoms, environmental policy, and digital rights.

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Mon, 10 Feb 2025 16:32:28 +0000 Emily Battaglia 12385 at /law