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COLORADO FACULTY SCHOLARSHIP 2017–18 Scholarship at Colorado Law

The faculty at the University of Colorado Law School are prolific legal scholars and social commentators whose work pushes the boundaries of theory, doctrine, and practice.

At a time when many legal standards and social norms seem to be in flux, scholarship serves as a tool for critical reflection and generation of ideas. Scholarship also allows us to engage with our communities, examine complex and urgent issues, and gain new insights that can benefit society.

Above all, scholarship is an important agent for change. At its core, scholarship helps to ensure that law is proving true to its function to serve society; and, in some cases, it challenges the law to shift as a result of its findings. In the pages that follow, you will see how my colleagues at Colorado Law are producing path-breaking scholarship that is not only shaping local, national, and international conversation but is also helping to develop more creative, informed, and effective .

S. James Anaya, Dean and University Distinguished Professor

1 | colorado law faculty scholarship 2017–18 Single-authored books (published and forthcoming)

MING H. CHEN: Constructing Citizenship for Noncitizens (forthcoming, Stanford University Press)

JUSTIN DESAUTELS-STEIN:The of Style: A Structuralist History of American Pragmatism and Liberal Legal Thought (Cambridge University Press, 2018)

AYA GRUBER: The Feminist War on Crime (forthcoming, University of California Press)

HELEN NORTON: The Government’s Speech and the (forthcoming, Cambridge University Press)

ANNA SPAIN BRADLEY: The Impact of One: How Individual Choice Shapes (forthcoming, Cambridge University Press) Casebooks and treatises

S. JAMES ANAYA: International : Problems of Law, Policy, and Practice (with Hurst Hannum, Dinah Shelton, Rosa Celorio). (Wolters Kluwer/Aspen, 6th ed. 2017)

KRISTEN CARPENTER: Cohen’s Handbook of Federal Indian Law (N. Newton et al., eds.) (Lexis supps. 2015 and 2017)

KRISTEN CARPENTER AND CHARLES WILKINSON: Cases and Materials on Federal Indian Law (with David H. Getches, Robert A. Williams Jr., and Matthew L.M. Fletcher) (West Academic Publishing, 7th ed. 2017)

LAKSHMAN GURUSWAMY: Model to Combat Global Energy Poverty (Edward Elgar, forthcoming 2019)

LAKSHMAN GURUSWAMY: International in a Nutshell (West Academic Publishing, 5th ed. 2017)

ROBERT LINZ: Colorado Legal Research (Carolina Academic Press, 2d ed. 2018)

MARK LOEWENSTEIN: Agency and Partnership Law (with Robert W. Hillman) (Edward Elgar, 2018) (research review)

| 2 Casebooks and treatises cont.

SARAH KRAKOFF: Cohen’s Handbook of Federal Indian Law Supplement (with K.A. Carpenter, N. Newton, R. Anderson, J. Royster, J. Singer, S. Krakoff, A. Riley, S. Davis, and B. Berger) (Lexis/Nexis, 2017)

CHRISTOPHER B. MUELLER: Christopher B. Mueller and Laird C. Kirkpatrick, Federal (5-volume set) (4th ed. 2013, with yearly updates)

CHRISTOPHER B. MUELLER: Evidence (with Laird C. Kirkpatrick and Liesa L. Richter) (Wolters Kluwer, 6th ed. 2018)

CHRISTOPHER B. MUELLER: Evidence Practice Under the Rules (with Laird C. Kirkpatrick and Liesa L. Richter) (Wolters Kluwer, 5th ed. 2018)

CHRISTOPHER B. MUELLER: Evidence Under the Rules: Text, Cases, and Problems (with Laird C. Kirkpatrick and Liesa L. Richter) (Wolters Kluwer, 9th ed. 2018)

CHRISTOPHER B. MUELLER: Twenty-First Century Procedure (Wolters Kluwer, 2d ed. 2017)

SCOTT SKINNER-THOMPSON: AIDS and the Law (ed.) (Wolters Kluwer, 5th ed. 2015) (2018-1; 2018-2 Supplements)

PHILIP J. WEISER: Antitrust and Trade : Cases and Materials (with A. Douglas Melamed, Randal C. Picker, and Diane P. Wood) (Foundation Press, 7th ed. 2018)

Colorado Law’s national ranking for scholarly impact of law faculties, #29 2018 Sisk Report

3 | colorado law faculty scholarship 2017–18 Articles, chapters, and opinion essays

S. James Anaya Brad Bernthal Alexia Brunet Marks Dean and University Associate Professor and Associate Professor Distinguished Professor Director, Silicon Flatirons Center Entrepreneurship Initiative International Economic Law International Human Rights Food Law Indigenous Peoples’ Law Entrepreneurial Law Clinic Civil Litigation and Policy Entrepreneurial Law International Law Venture Capital Articles Early Stage Finance Feeding the Eco-Consumer, Articles Innovation Policy 42 Vermont Law Review 3 (2018) Mitigating State Sovereignty: The Duty to Consult with Articles A Right to Regulate Indigenous Peoples, (with Sergio The Evolution of Entrepreneurial (Cooperatively), 38 University Puig), 67 University of Toronto Finance: A New Typology, of Pennsylvania Journal of Law Journal 435 (2017) BYU Law Review (forthcoming International Law 1 (2017) October 2018) Book chapters “The Making of the United Who Needs ? Nations Declaration on the Generalized Exchange Within Rights of Indigenous Peoples” Investment Accelerators, 100 (with Luis Rodriguez-Piñero), in Marquette Law Review 997 (2017) The UN Declaration on the Rights of Indigenous Peoples (Jessie Hohmann and Marc Weller, eds., Oxford University Press, 2018)

Other publications The Declaration Needs Greater Paul Campos Awareness, Cultural Survival Professor Quarterly, September 2017 Legal Philosophy Legislative Process Frederic Bloom Property Professor Articles The Extraordinary Rise and Evidence Sudden Decline of Law School Federal Tuition: A Case Study of Veblen Effects in Higher Education, 48 Articles Seton Hall Law Review 167 (2017) Character Flaws, 89 University of Colorado Law Review Opinion essays (forthcoming 2018) White Economic Privilege Is Alive and Well, The New York Times Opinion, July 29, 2017 | 4 Articles Sanctuary Networks and Privatizing the Reservation? Integrative Enforcement, (with A. Riley), 71 Stanford Law 75 Washington and Lee Law Review (forthcoming 2019) Review (forthcoming 2018)

Other publications Administrator-in-Chief: President Good Practices and Challenges, and Action in Including Discrimination, in , 69 Administrative Business and in Access to Law Review 347 (2017) Financial Services by Indigenous Deborah Cantrell Peoples: Study of the Expert Administrator-in-Chief in the Trump

Professor and Director of Mechanism on the Rights of Era of Immigration Enforcement, Yale Journal on Regulation: Notice Clinical Education Indigenous Peoples, AHRC/36/53, August 8, 2017 (with members of & Comment (June 21, 2017; Sustainable Community the Expert Mechanism) updated June 30, 2017) Development Clinic Legal Ethics and Regulation

Articles Celebrating Mundane Conflict, 18 Pepperdine Law Journal 139 (2018)

Ming H. Chen Associate Professor and Richard B. Collins Director, Immigration Law Professor and Policy Program Constitutional Law Immigration Law and Indian Law Citizenship Law Property Articles Kristen A. Carpenter Legislation and Regulation Santa Clara Pueblo v. Martinez Law and Politics Council Tree Professor in the Evolution of Federal Law, The Tribal Law Review at Property Book chapters “Regulatory Rights: Civil Rights University New Mexico School of Cultural (forthcoming 2018) American Indian Law Agencies, Courts, and the Indigenous Peoples in Entrenchment of Language Rights,” To Sue and Be Sued: Capacity International Law in The Rights Revolution Revisited: Institutional Perspectives on the and Immunity of American Indian 51 Creighton Law Review Book chapters Private Enforcement of Civil Rights Nations, 391 (2018) “Human Rights to Culture, Family, in the U.S., Lynda G. Dodd, ed. and Self-Determination: The (Cambridge University Press, 2018) Case of Adoptive Couple v. Baby Girl” (with Lorie M. Graham), in Articles Indigenous Rights in International Leveraging Social Science Law, Stefan Kirchner and Joan Expertise in Immigration Policastri, eds. (forthcoming 2018) Policymaking, 112 NWULR Online 281 (2018)

5 | colorado law faculty scholarship 2017–18 MING H. CHEN Associate Professor and Director, Immigration Law and Policy Program

Constructing Citizenship for Noncitizens Stanford University Press, forthcoming

The U.S. has long taken a laissez-faire approach toward immigrant integration and has focused almost exclusively on enforcement of formal immigration status for the last decade: preventing unlawful entry, detaining those lacking documentation, and deporting for a range of status violations. Based on theoretical, empirical, and normative analysis, Chen finds that the enforcement bias has negative effects for the outcomes and impacted than legal noncitizens. The result meaning of citizenship. Legal noncitizens of the laissez-faire approach is a socially with a pathway to citizenship naturalize disintegrated polity rather than a socially only half the time, and when they do, they cohesive one fueled by shared civic view citizenship as a means to an end. This purpose. The book promotes an alternative undermines the pathways to citizenship vision for immigration policy premised on and stymies the possibilities of integration, stronger state-sponsored pathways to even for the select subgroups of vulnerable full citizenship and prescribes affirmative immigrants where the federal government integration for noncitizens seeking to adjust invests in integration. Undocumented their status at each stage of the journey noncitizens who lack a pathway to to full membership: from newcomer to citizenship are even more negatively resident to citizen.

| 6 “After the End of Legal Thought,” Indigenous Rights of Standing in Searching for Contemporary Rock: Federal Courts and Beyond Legal Thought, Justin Desautels- (with Rebecca Adamson, Nick Stein and Christopher Tomlin, eds. Pelosi, and Jesse Heibel), 43 (Cambridge University Press, 2017) Human Rights, No. 1 (2017) “Afterword: Contemporary Legal Operationalizing Free, Prior, and Thought As…,” in Searching for Informed Consent, 80 Albany Contemporary Legal Thought, Law Review 429 (2016-2017) Justin Desautels-Stein and Justin Desautels-Stein Christopher Tomlin, eds (Cambridge Associate Professor University Press, 2017)

Conflict of Laws Critical Race Theory Law and Economic Development International Law Jurisprudence

Edited collections Searching for Contemporary Legal Thought (co-edited with Christopher Tomlins, Cambridge Kristelia A. García University Press, 2017) Associate Professor and Carla F. Fredericks Director, Content Initiative, Book chapters Associate Clinical Professor, Silicon Flatirons Center “The Realist and the Visionary: Director of the Indian Law Clinic, On the Problem of Social Change Director of the American Indian in the History of International Law Program Legal Thought, 1919-2019,” Property in Contingency in the Course American Indian Law Articles of International Law: How International Law Could Have Articles Copyright Arbitrage,107 California (forthcoming 2019) Been, Kevin Jon Heller and Ingo Responsible Resource Law Review Venzke, eds. (Oxford University Development: A Strategic Plan Improving the Quality & Press, forthcoming 2019) to Consider Social and Cultural Consistency of Copyright Impacts of Tribal Extractive Infringement Analysis in Music, “Structuralist and Poststructuralist (with Industry Development, Berkeley Technology Law Journal ,” in The Oxford Kathleen Finn, Erica Gjda, and Commentaries (January 23, 2018) Handbook of Historical Legal Jesse Heibel,) Harvard Journal Research, Markus Dubber, of Law & Gender (2018). ed. (Oxford University Press, Royalty Securitization, Harvard forthcoming 2018) Journal of Law & Technology Responsible Resource Digest (October 23, 2017) Development and Prevention of “The Problem with Pragmatism: Sex Trafficking: Safeguarding A History of Contemporary Book chapters Native Women and Children on “Contracts v. Copyright: Legal Thought,” in Searching for the Fort Berthold Reservation Contemporary Musician Income Contemporary Legal Thought, (with Kathleen Finn, Erica Gadja, Streams,” in Oxford Handbook Justin Desautels-Stein and Chris and Thomas Perin), 40 Harvard of Music Law & Policy Tomlins, eds. (Cambridge University Journal of Law & Gender 1 (2018) Press, 2017) (Oxford University Press, forthcoming 2019) Standing Rock, the Sioux Treaties, “Introduction: Searching for and the Limits of the Supremacy Contemporary Legal Thought: Clause (with Jesse D. Heibel), History, Image, and Structure,” in 89 University of Colorado Law Searching for Contemporary Legal Review 477 (2018) Thought, Justin Desautels-Stein and Christopher Tomlin, eds. (Cambridge University Press, 2017)

7 | colorado law faculty scholarship 2017–18 JUSTIN DESAUTELS-STEIN Associate Professor

The Jurisprudence of Style: A Structuralist History of American Pragmatism and Liberal Legal Thought Cambridge University Press, 2018

In the contemporary domain of American legal thought, there is a dominant way in which lawyers and craft their argumentative practice. More colloquially, this is a dominant conception of what it means to “think like a .” Despite the widespread popularity of this conception, it is rarely described in detail or given a name. Desautels-Stein tells the story of how and why this happened, and why it matters. Drawing upon and updating the work of Harvard Law School’s first generation of , Desautels-Stein pragmatism and liberal legal thought. develops what he calls a jurisprudence Applying the tools of legal structuralism and of style. In doing so, he uncovers the phenomenology to real-world cases in areas intellectual alliance, first emerging at the end of contemporary legal debate, this book of the 19th century and maturing in the last develops a practice-oriented understanding third of the 20th century, between American of legal thought.

Erik F. Gerding Professor and Wolf-Nichol Fellow

Securities Banking Law Regulation of Financial Markets, Products, and Institutions Payment Systems Corporate Governance Amy Griffin Other publications Associate Dean for Can Technology Solve Information Instructional Development Overload and Complexity in Securities Disclosure?, The CLS Legal Writing Blue Sky Blog, January 17, 2017 Articles Dethroning the Hierarchy of Authority, 97 Oregon Law Review (forthcoming 2018)

| 8 AYA GRUBER Professor

The Feminist War on Crime University of California Press, forthcoming

Today’s young feminists are preoccupied with men’s sexual misbehavior and call for swift reform and punishment. But they also object to racialized mass incarceration and recognize that the U.S. has the ignoble distinction of being the most punitive nation on Earth. The many #MeToo devotees who believe is racially fraught and know that inequality is caused by larger social forces, not just individual bad actors, are well positioned to end the feminism- criminal law alliance. Gruber speaks to this cohort, explaining how feminists, in their past efforts to secure women’s protection granular analysis of feminist criminal reform from domestic violence and rape, became over several decades that policing and soldiers in the late-20th-century war on punishment are dangerous weapons to crime and complicit in the rise of mass be used only as a last resort and sketches incarceration. She demonstrates through a a way forward.

Book chapters Articles “An Accidental Governance Equal Protection Under the Feminist: An Interview with Kate Carceral State,112 Northwestern Mogulescu, Director of Legal University Law Review 1337 (2018) Aid’s Trafficking Victim’s Advocacy Project” (with A. Cohen), in Consent Confusion, 38 Cardozo Governance Feminism: A Law Review 415 (2017) Handbook (University of Minnesota Press, forthcoming 2018) Aya Gruber “Neofeminism,” in The SAGE Professor Encyclopedia of Psychology and Gender, Kevin L. Nadal, ed. Criminal Law (Sage Publications, 2017) : Investigation Criminal Procedure: “The Duty to Retreat in Self- Criminal Law in Context Law and Violence Against Women,” Oxford Handbooks Online (July 2017)

9 | colorado law faculty scholarship 2017–18 Book chapters “Happiness 101 for Legal Scholars: Applying Happiness Research to Legal Policy, Ethics, Mindfulness, Negotiations, , and Legal Practice,” in Research Handbook on Behavioral , Joshua C. Teitelbaum and Kathryn Zeiler, eds. (Edward Elgar, 2018) Lakshman Guruswamy Jennifer S. Hendricks Professor and Co-Director of the Nicholas Doman Professor of “Positive Institutions: Organizations, Juvenile and Program International Environmental Law Laws, and Policies” (with Anne & International Energy Programs M. Brafford, Debra S. Austin, and Family Law Martha Knudson), in The Oxford International Law Civil Procedure Handbook of Positive Psychology, International Environmental Law C.R. Snyder, Shane J. Lopez, Constitutional Law and Theory International Lisa M. Edwards, and Susana C. Book chapters Articles Marques, eds. (Oxford University “Women and Energy ,” The Rape Survivor Child Custody Press, 3d ed. 2018) in Cambridge Handbook of Act: Wages of Genetic Entitlement, “Subjective Well-Beng and the Sustainable Development and 112 Northwestern University Law Law,” in Energy Justice (Cambridge Review Online 75 (2017) Handbook of Well-Being, University Press, forthcoming 2019) Ed Diener, Shigehiro Oishi, and Essays Louis Tay, eds., (Diener Education The Wages of Genetic Entitlement: Fund Publishers, 2018) The Good, the Bad, and the Ugly in the Rape Survivor Child Articles Custody Act, 112 Northwestern Adventures in Higher Education, University Law Review Online Happiness, and Mindfulness, 75 (2017) 7British Journal of American Legal Studies 2 (forthcoming fall 2018)

Boost: Improving Mindfulness, Thinking, and Diversity, 10 William and Mary Business Law Review 1 Melissa Hart (forthcoming 2018) Professor Achieving American Retirement Access to Justice Prosperity by Changing Americans’ Education and the Constitution Thinking About Retirement, 22 Employment Discrimination Stanford Journal of Law, Business Legal Ethics and Professionalism & Finance 189 (2017) Peter H. Huang Articles DeMuth Chair and Professor Can Practicing Mindfulness Envisioning 100% Access to Improve Lawyer Decision-Making, Justice in Colorado (with Daniel Business Law Ethics, and Leadership?, M. Taubman), University of Colorado Law and Emotions 55 Houston Law Review 63-154 Law Review (January 2017) Law and Neuroscience (2017) Law and Mindfulness Deep Impact: The Consequences Derivative Securities of Defunding LSC, Colorado Securities Enforcement, Lawyer, August/September 2017 Litigation, and Regulation

| 10 Book chapters “Intellectual and Social Freedom,” in Cambridge Handbook of Surveillance Law, David Gray and Stephen E. Henderson, eds. (Cambridge University Press, 2017)

Articles Authorship, Disrupted: AI Authors Sharon B. Jacobs in Copyright and First Amendment Craig Konnoth , 51 UC Davis Law Review Associate Professor Law Associate Professor 589 (2017) Administrative Law Property Averting Robot Eyes (with Matthew Advanced Topics in Energy Law Reuben, William D. Smart, and Health Care Law Energy Law and Regulation Cindy M. Grimm), 76 Maryland Bioethics Environmental Law Law Review 983 (2017) Privacy Legislation and Regulation Regulation and Innovation Copyright’s Framing Problem Book chapters (with Guy A. Rub), 64 UCLA Articles “Reclaiming Biopolitics: Religion Law Review 1102 (2017) Administrative Dissents, 59 William and Psychiatry in the Sexual and Mary Law Review 541 (2017) Orientation Change Therapy Privacy and the Right to Record, Cases and the Establishment 97 Boston University Law Review Clause Defense,” in Agency Procedural Innovation in 167 (2017) Law, Religion, Vermont Yankee’s White Space and Health in the United States, (with Emily S. Bremer), 32 Journal Holly Fernandez Lynch, I. Glenn of Land Use and Environmental SIRI-OUSLY 2.0: What Free Cohen, and Elizabeth Sepper, eds. Law 523 (2017) Speech Rights for Artificial (Cambridge University Press, 2017) Intelligence Reveal About the (with Toni Opinion essays First Amendment “Religion and Psychiatry in the Massaro and Helen L. Norton), Sexual Orientation Change Saving Coal: A Tale of Two 101 Minnesota Law Review Harvard Law Review Therapy Cases,” in Agencies, 2481 (2017) Law, Religion, Blog, January 26, 2018 and Health in the United States, Holly Fernandez Lynch, I. Glenn Standing After Snowden: Lessons Advising the EPA: The Insidious Cohen, and Elizabeth Sepper, eds. on Privacy Harm from National (Cambridge University Press, 2017) Undoing of Expert Government, Harvard Law Review Blog, Security Surveillance Litigation, 66 DePaul Law Review 413 (2017) December 6, 2017 Articles An Expressive Theory of Privacy Opinion essays Intrusions, 102 Iowa Law Rev. Facebook, Free Expression, and 1533 (2017) the Power of a Leak, The New York Times, June 27, 2017 Health Information , 165 University of Pennsylvania Law Review 1317 (2017)

Opinion essays Any FCC Action Against Colbert Would Be Unwise, Huffington Post, May 8, 2017 Margot Kaminski Associate Professor Colbert May Support Gay Rights, But That Doesn’t Mean He Gets to The Washington Privacy, Speech, and Make Gay Jokes, Post, May 3, 2017 Online Civil Liberties International Intellectual No Matter How the Masterpiece Property Law Cakeshop Case Is Decided, Gay Rights Win, The Washington Post, 11 | colorado law faculty scholarship 2017–18 December 6, 2017 12 | colorado law faculty scholarship 2017–18 13 | colorado law faculty scholarship 2017–18 Sarah Krakoff Benjamin Levin Mark J. Loewenstein Moses Lasky Professor of Law Associate Professor Monfort Professor of Commercial and Associate Dean for Faculty Law and Associate Dean for Affairs and Research Criminal Law Curricular Affairs Criminal Procedure: American Indian Law Adjudicative Process Business Associations Natural Resources and Advanced Agency Law and Securities Law Public Land Law Corporate Governance Environmental Justice Articles The Consensus Myth in Criminal Articles Articles Justice Reform, 117 Michigan Law Agency Law and the New Public Lands, Conservation, Review (forthcoming 2018) Economy, 72 Business Law and the Possibility of Justice, 1009 (2017) 53 Harvard Civil Rights-Civil Criminal Employment Law, Liberties Law Review 213 (2018) 39 Cardozo Law Review Benefit Corporation Law, (forthcoming 2018) 85 University of Cincinnati Law They Were Here First: American Review 381 (2017) Indian Tribes, Race, and the Other publications Constitutional Minimum, 69 Rethinking the Boundaries of Stanford Law Review 491 (2017) Criminal Justice, 15 Ohio State Journal of Criminal Law 619 (2018) Opinion essays and other (reviewing The New Criminal publications Justice Thinking, Sharon Dolovich Just Transitions? Law & Political and Alexandra Natapoff, eds., 2017) Economy Blog, January 25, 2018

Deconstructing Zero-Sum Environmental Games: Bears Ears National Monument as Suzette Malveaux Reparations and Reconciliation, Provost Professor of Civil Rights 47 Environmental Law Report Law and Director, Byron R. White 10348 (2017) Center for the Study of American Constitutional Law Environmental Impacts of the Border Wall (with David Roche, Civil Procedure Dan Mills, Andy Gordon, and Robert M. Linz Civil Rights Sarah Burt), 47 Environmental Associate Director and Head of Law Report 10477 (2017) Public Services of the William A. Articles Wise Law Library Class Actions, Civil Rights, and the National Injunction, Colorado Legal Research 131 Harvard Law Review Forum 56 (2017)

The Modern Class Action Rule: Its Civil Rights Roots and Relevance Today, 66 Kansas Law Review 325 (2017)

| 14 Opinion essays Articles Travel Ban Case Reveals Next Results May Vary in Legal Battleground—The Fate of Research Databases, ABA National Injunctions, Bloomberg Journal (March 2018) Law, July 24, 2018 Two Pedagogies in Search of Synergy (with Lisa Schultz), AALL Spectrum (March/April 2018)

Christopher B. Mueller The Algorithm as a Human Henry S. Lindsley Professor Artifact: Implications for Legal of Procedure and Advocacy [Re]Search, 109 Law Library Journal 387 (2017) Evidence

Civil Procedure Every Algorithm Has a POV, AALL Spectrum (September/ Complex Litigation October 2017) Scott A. Moss Class Action Professor and Schaden Chair in Experiential Learning Articles Research Algorithms Have a Point “Make Him an Offer He Can’t of View: The Effect of Human Decision Making on Your Search Federal Litigation Refuse”—Mezzanatto Waivers Results, University of Colorado Employment Law as Lynchpin of Prosecutorial Law Review (November 2017) Law and Economics Overreach, 82 Missouri Law Constitutional Law Review 1023 (2017)

Articles Taking a Second Look at MDL Judges’ Varied Views on Settlements: Textualism: The Roberts-Alito Somebody Needs to Do It, 65 Schism and the Similar District University of Kansas Law Review Divergence that Undercuts 531 (2017) the Widely Assumed Textualism- Ideology Correlation, 88 University of Colorado Law Review 1 (2017)

The Value of the Restatement Robert F. Nagel of Employment Law, Based on Professor Emeritus, Rothgerber 50-State Empirical Analyses Professor of Constitutional Law and the Importance of Clarifying Disputed Issues–But with Articles Caveats About the Restatement’s Conservatives and the , Imperfect Work Product, 21 National Affairs (Winter 2017) Employee Rights and Employment Susan Nevelow Mart Policy Journal 409 (2017) Associate Professor and Director of the William A. Wise Law Library

Legal Information Policy National Security and Libraries Access to Information

Book chapters Foreword, in Environmental Information: Research, Access, and Environmental Helen L. Norton Decisionmaking, Sarah Lamdan Professor and Ira C. Rothgerber (Environmental Law Institute, 2017) Jr. Chair in Constitutional Law

15 | colorado law faculty scholarship 2017–18 HELEN NORTON Professor and Ira C. Rothgerber Jr. Chair in Constitutional Law

The Government’s Speech and the Constitution Cambridge University Press, forthcoming

Governments have been speaking for as long as there have been governments. New expressive technologies empower government to speak in new ways through Twitter and other social media postings, webcasts, blogs, wikis, virtual worlds, and more. Through its speech, the government can inform, deceive, shame, inspire, scapegoat, silence, empower, challenge, comfort, distress, and distract. This raises important and interesting questions about the constitutional value and harms posed by the government’s speech. Norton’s book explores how the the government’s speech threaten equality government’s speech sometimes performs or liberty such that it offends the Equal constitutionally valuable functions, as Protection or Due Process clauses?” and, well as examines the dark side of the “Under what circumstances, if any, does government’s speech by posing questions the Constitution prohibit our government such as, “Under what circumstances does from lying to us?”

Constitutional law Law Review (forthcoming 2019) SIRI-OUSLY 2.0: What Free Civil rights (At Least) Thirteen Ways of Speech Rights for Artificial Employment discrimination law Looking at Election Lies, Intelligence Reveal About the 71 Oklahoma Law Review First Amendment (with Margot E. Book chapters (forthcoming 2018) Kaminski and Toni Massaro), 101 “Artificial Intelligence and the Minnesota Law Review 2481 (2017) First Amendment” (with Toni M. The Government’s Manufacture of Massaro), in Research Handbook Doubt, 16 First Amendment Law Opinion essays and other on Law and Artificial Intelligence, Review 342 (2018) publications Woodrow Barfield and Ugo Gambling with Our Constitution Pagallo, eds. (Edward Elgar, The Government’s Lies and the (with David Super), Denver Post, forthcoming 2018) Press Clause, 89 University of April 20, 2018) Colorado Law Review 453 (2018) “What’s New Is Old Again (and Vice Remedies and the Government’s Versa),” in Robotica, Ronald Collins Robotic Speakers and Human Constitutionally Harmful Speech, and David Skover, eds. (Cambridge Listeners, 41 Seattle University 9 ConLawNOW 49 (2018) University Press, forthcoming 2018) Law Review (forthcoming 2018)

Articles Government Speech and the War Powerful Speakers and Their on Terror, 86 Fordham Law Review Listeners, 90 University of Colorado 543 (2017)

| 16 17 | colorado law faculty scholarship 2017–18 Checking the Government’s Deception Through Public Employee Speech, JOTWELL, September 25, 2017 (reviewing Heidi Kitrosser, The Special Value of Public Employee Speech)

Does Alexa Have Free Speech Rights? (with Toni M. Massaro and Margot E. Kaminski), Slate, Carolyn B. Ramsey Pierre Schlag March 22, 2017 Professor University Distinguished Professor and Byron R. White Professor Employers’ Duties of Honesty Criminal Law of Law 21 Employee Rights and Accuracy, Criminal Procedure and Employment Policy Journal Domestic Violence Jurisprudence 575 (2017) Legal History Constitutional Law Gender and Criminal Justice Legal Philosophy What We Learn From Government Gender, Law, and Public Policy Law Speech About Hate (with Danielle Keats Citron), LAWFARE, August Articles Book chapters 15, 2017 Firearms in the Family, 78 Ohio “Hohfeldian Analysis, Liberalism, State Law Journal 1257 (2017) and Adjudication (Some Tensions),” (lead article) in The Legacy of Wesley Hohfeld: Edited Major Works, Select Personal Papers, and Original Commentaries, Shyam Balganesh, Ted Sichelman, and Henry Smith, eds. (Cambridge University Press, forthcoming 2018)

“Textualist and Purposivist Interpretation (Challenges and Scott R. Peppet Problems),” in The Transformation Professor and Wolf-Getches Fellow or Reconstitution of Europe: The Blake E. Reid Critical Legal Studies Perspective Contracts Associate Clinical Professor; on the Role of the Courts in Tamara Legal Negotiation Director, Samuelson-Glushko the European Union, Persin and Sinisa Rodin, eds. Advanced Legal Negotiation Technology Law & Policy Clinic; (Bloomsbury, 2018) Counseling Family Enterprises Faculty Director, Silicon Flatirons Center; Faculty Advisor, Colorado “The Knowledge Bubble— Technology Law Journal Something Amiss in Expertopia,” in Searching for Contemporary Technology Policy Legal Thought, Justin Desautels- Telecommunications Law Stein and Christopher Tomlin, eds. (Cambridge University Press, 2017) Disability Law Articles and essays Articles “Reason” (October 12, 2017), That Was Close! Reward in Fundamental Concepts Reporting of Cybersecurity for International Law, Jean William Pizzi ‘Near Misses’ (with Jonathan d’Aspremont and Sahib Singh, eds. Professor Emeritus Bair, Steven M. Bellovin, Andrew (Edward Elgar, forthcoming 2018) Manley, and Adam Shostack) 16 Criminal Law and Procedure Colorado Technology Law Journal The Law Review Article, 88 2 (forthcoming 2018) University of Colorado Law Review 1043 (2017)

| 18 Andrew A. Schwartz Scott Skinner-Thompson Anna Spain Bradley Professor Associate Professor Associate Professor and Assistant Vice Provost for Faculty Corporate, Securities, Constitutional Law Development and Diversity, and Law Civil Rights University of Colorado Boulder Securities Crowdfunding LGBTQ Rights Privacy Law International Law Book chapters International Human Rights “Social Enterprise Crowdfunding in Articles International Dispute Resolution New Zealand,” in The Cambridge Privacy’s Double Standards, Peace and Security Handbook of Social Enterprise 93 Washington Law Review Law and Neuroscience Law, Joseph Yockey and Benjamin (forthcoming) Means, eds.) (Cambridge University Book chapters Press, forthcoming 2018) The First Queer Right, Michigan “Advancing Neuroscience in Law Review 881 (2018) (review International Law,” in International Articles essay) Law As Behavior, Harlan Cohen Equity Crowdfunding in New and Tim Meyer, eds. (Cambridge Zealand, New Zealand Law Review Performative Privacy, 50 UC University Press, forthcoming 2019) (forthcoming 2018) Davis Law Review 1673 (2017) Book reviews The Gatekeepers of Opinion essays The Internationalists: How A Crowdfunding, 75 Washington Federal Courts Are Standing Up Radical Plan to Outlaw War and Lee Law Review 885 (2018) for the Sanctity of Transgender Remade the World, Oona A. Lives, Slate, June 21, 2018 Hathaway and Scott J. Shapiro, Other publications Simon & Schuster, (2017); 112 Inclusive Crowdfunding, Masterpiece Cakeshop Is Not a American Journal of International Oxford Business Law Blog, License to Discriminate, Slate, Law 330-335 (2018) January 3, 2017 June 4, 2018 The Puzzle of Peace, Gary Goertz, Animus, Not Readiness: Trump & Paul F. Diehl, and Alexandru Balas, Mattis Move Full Speed Ahead on Oxford (2016); 111 American Unconstitutional Trans Ban, Journal of International Law Just Security, September 1, 2017 210-216 (2017)

How Trump May Inadvertently Articles Advance Transgender Rights, Human Rights Racism, 32 Slate, November 30, 2017 Harvard Human Rights Journal (forthcoming 2019) Trump’s Anti-Trans Animus, Unmasked, Take Care, The Disruptive Neuroscience November 6, 2017 of Judicial Choice, 9 University of California Irvine Law Review (forthcoming 2018)

Cognitive Competence in Executive Branch Decision Making, 49 Connecticut Law Review 713-770 (2017) (lead article)

19 | colorado law faculty scholarship 2017–18 ANNA SPAIN BRADLEY Associate Professor and Assistant Vice Provost for Faculty Development and Diversity

The Impact of One: How Individual Choice Shapes International Law

Cambridge University Press, forthcoming

Told through the lens of historical accounts and original interviews, the book charts groundbreaking decision moments in international law—from to the bombing of Hiroshima, to the Rwandan genocide, to the intervention into Libya —and reveals how certain people, and their emotions, biases, and beliefs, shaped global outcomes in powerful yet unexamined ways. Drawing upon insights from neuroscience, Spain Bradley offers a theory of how individual choice—involving emotion, empathy, and bias—has affected the development of international law and introduces a novel approach for understanding the role of human cognition and choice in global decision making.

Other publications International Law: 100 Ways It Shapes Our Lives (co-edited with Perry Bechky), American Society of International Law (2018)

Sloan G. Speck Associate Professor

Taxation Tax Policy Corporate and International Tax Legal and Business History

| 20 Articles Opinion: Even Trump Can Agree Presidents Lack the Authority That Polluters and Not Taxpayers to Abolish or Diminish National Should Pay to Clean Up Our Monuments (with Eric Biber, Mines, The Hill blog, Feb. 21, 2017 Nicholas Bryner, and Sean B. Hecht), 103 Virginia Law Review Taxpayers Deserve a Fair Return (2017) from Our Public Coal Resources, The Casper Star Tribune, Oct. 5, Opinion essays 2017 Mark Squillace The Looming Battle over the Raphael J. Moses Professor Antiquities Act, Harvard Law of Law and Director, Natural Review Blog, January 6, 2018 Resources, Water, and Public Lands Program, Getches- Don’t Blame Water Markets for Wilkinson Center Trouble with Western Rivers, Water Deeply, June 16, 2017 Natural Resources Law The Endangered Antiquities Act (with John D. Leshy), The New York Times, March 31, 2017

21 | colorado law faculty scholarship 2017–18 Entrepreneurial Administration, Book reviews 97 Boston University Law Review Review of Elizabeth Anderson 2011 (2017) et al., Free Markets, Unfree Labor: Private Government: Other publications How Employers Rule Our Lives International Spectrum Workshop (and Why We Don’t Talk about It), Report (with Gabor Molnar and New Labor Forum (2017) Eric Brosseau), Silicon Flatirons Center, 2017 Review of Stephan Epp-Koop, Harry Surden We’re Going to Run This City: Associate Professor Winnipeg’s Political Left After the General Strike, Labor: Studies in Working Class History (March 2017) Patent Law Intellectual Property Privacy Law Computer Science and Law Artificial Intelligence and Law

Articles Response, Bridges II: The Law— STEM Alliance & Next Generation Ahmed White Innovation, 112 Northwestern Nicholas Rosenbaum Professor University Law Review Online 133 (2018) Criminal Law Labor and Employment Law Charles Wilkinson What to Teach Law Students Forced Labor Distinguished Professor of Law About Artificial Intelligence and Critical Legal Studies Emeritus and Moses Lasky Law? Northwestern Law Review Marxism and Law Professor of Law Emeritus Online (Bridges II) (2017) Book chapters History and Society in the “Mutiny, Shipboard Strikes, and American West the Supreme Court’s Subversion Indian Law of New Deal Labor Law (1938),” Public Land Law in American Labor Struggles Water Law and Law Histories, Kenneth M. Casebeer, ed. (Carolina Academic Book chapters Press, 2d ed. 2017) “Introduction: The Authenticity, Passion, and Rightness of “The Open Shop Tested: The Great Protecting Bears Ears,” in Red Steel Strike of 1919,” in American Rock Stories: Three Generations of Philip J. Weiser Labor Struggles and Law Writers Speak on Behalf of Utah’s Hatfield Professor of Law Histories, Kenneth M. Casebeer, Public Lands, Stephen Trimble, ed. and Telecommunications, ed. (Carolina Academic Press, (Torrey House Press, 2017) and Executive Director of 2d ed. 2017) the Silicon Flatirons Center Articles for Law, Technology, and Articles “At Bears Ears We Can Hear the Entrepreneurship Its Own Dubious Battle: The Voices of Our Ancestors in Every Impossible Defense of an Effective Canyon and on Every Mesa Top”: Wisconsin Law Telecommunications Law Right to Strike, The Creation of the First Native Review (forthcoming 2018) 50 Arizona Internet Law National Monument, State Law Journal 317 (2018) Antitrust Law Intellectual Property The Labor Movement and the Constitutional Law Dilemma of Direct Confrontation, The Future of Natural Resources 29 Employee Responsibilities and Law (with Andy Mergen, Articles Rights Journal 39 (2017) Holly Doremus, and Dave Owen), 47 Environmental Law Report Beyond Brooke Group: Bringing Essays 10197 (2017) Reality to the Law of Predatory 1937, Jacobin, Pricing (with C. Scott Hemphill), Memorial Day, May 29, 2017 127 Yale Law Journal 2048 (2018) | 22 NONPROFIT ORG US POSTAGE PAID BOULDER, CO University of Colorado Law School PERMIT NO. 156 2450 Kittredge Loop Road 401 UCB Boulder, CO 80309

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