Posts filtered by tags: Colorado[x]


Symposium: What “play in the joints” remains after Espinoza?

Grant T. Sullivan is an assistant solicitor general with the Colorado Attorney General’s office, which filed an amicus brief on behalf of nine states in support of respondents in Espinoza v. Montana Department of Revenue. The views expressed in this post are solely those of the author and should not be imputed in whole or in part to any other state or state official unless expressly endorsed by an authorized representative of the state. For state policymakers, crafting sound (and constitutional)...
Tags: Featured, Supreme Court, Law, Colorado, Montana, Washington, States, Sonia Sotomayor, William Rehnquist, Locke, Davey, Montana Supreme Court, Espinoza, Ruth Bader Ginsburg Stephen Breyer, Comer, Neil Gorsuch

Symposium: RIP state “Blaine Amendments” – Espinoza and the “no-aid” principle

Steven Green is the Fred H. Paulus Professor of Law and director of the Center for Religion, Law & Democracy at Willamette University College of Law. He filed an amicus brief on behalf of a number of religious groups in support of the respondents in Espinoza v. Montana Department of Revenue. There is so much contained in the various opinions in Espinoza v. Montana Department of Revenue that a college instructor could use that one case to teach an entire course about American church-state law: di...
Tags: Featured, Supreme Court, Law, Colorado, California, Montana, Senate, Pennsylvania, Ruth Bader Ginsburg, Mitchell, Thomas, U S Supreme Court, The Supreme Court, Alito, William Rehnquist, Locke

Relists Return

John Elwood reviews Monday’s relists. After a couple of weeks with no new relists, the Supreme Court is back this week with a vengeance. The court has scheduled an impromptu conference for Wednesday, July 1. In most years, an impromptu conference scheduled for the last week of June would be the mop-up conference for the entire term in which all outstanding business for the term is resolved. But the court still has enough outstanding opinions in argued cases that things may continue for a while y...
Tags: Florida, Texas, Featured, Supreme Court, Law, Congress, Colorado, Kentucky, Germany, Virginia, Hungary, United States, Williams, Tennessee, Sharp, Atkins

Police reform roundup

Let's clear a few browser tabs; here are some odds and ends that recently caught my attention and may also interest Grits readers: Houston Chronicle: Chief Harris County trial prosecutor resigns over post comparing Black Lives Matter to Nazis.Houston Chronicle: Houston City Council hears calls for police reform, improved oversight board, reduced police budget. Here's another article on Houston's weak and ineffective civilian oversight board.SA Express News: Arbitrator reinstates SA cop fired for...
Tags: Texas, Law, Colorado, Dallas, Houston, Apd, Fort Worth, Ny Times, Houston Chronicle, Congressional Research Service, Harris County, Denver Post, Texas Tribune, Houston City Council, Gritsforbreakfast, Black Lives Matter to Nazis Houston Chronicle

Colorado Requires Law Enforcement To Take Personal Responsibility 

At this point, any amount of personal accountability is better than none. 
Tags: Law, Colorado, Police, Tyler Broker

What is a “True Threat” Online?–In re. R.D.

This case involves a Twitter war of words between high schoolers shortly after a local school shooting. Some tweets may have been quoted song lyrics, others were typical nonsense teen bluster, and some may have been legally prosecutable threats. The district court held that a conversant was guilty of juvenile delinquency for making threats. The appeals court reversed the conviction. The Colorado Supreme Court, on appeal, articulates a new legal standard for “true threats” that are not protected ...
Tags: Law, Colorado, Emojis, Colorado Supreme Court, Content Regulation, Colo Sup Ct June

"Urban trekking around Denver the other day, I happened across a protest march of maybe a thousand people. Here’s what I observed. The marchers were almost all white...."

"Most were young women looking vaguely guilt-ridden. They were well-dressed, well-groomed and well-fed.... But one sign troubled me. It appeared in various incantations, but the gist was 'Justice NOW for George.'... I’ve watched the video of George dying, and it was horrifying. If no exculpatory evidence turns up, then I hope those cops rot in jail. I’m guessing nearly all people – including other cops – hope for the same. But notice the 'if' in the preceding paragraph.... Here, the cop has bee...
Tags: Law, Colorado, Signs, Protests, Denver, George, Ann Althouse, George Floyd, Glenn K Beaton

Section 230 Ends Demonetized YouTuber’s Lawsuit–Lewis v. Google

Lewis ran a YouTube channel called “Misandry Today.” Misandry is hatred of men, like misogyny but with reversed genders. I didn’t look at Lewis’ content but I worry that its examples of alleged misandry actually might be presented to advance a misogynistic narrative. Whatever the case, YouTube demonetized, restricted, or removed some of his videos. He sued YouTube for: violating the First Amendment national origin discrimination (allegedly, YouTube acted because he “is a patriotic American citi...
Tags: Google, Facebook, Twitter, Yahoo, Law, Colorado, Youtube, Marketing, Icann, Green, Noah, United States, Aol, Johnson, Ada, Richard

Coronavirus Update 6–4–2020: Can you force employees who participate in George Floyd protests to quarantine without pay?

Yesterday I discussed the legalities of placing on an unpaid leave of absence employees who engaging in leisure mass gatherings outside of work. What about employees who you discover gathered in mass to protest George Floyd's murder and racial injustice? There are legitimate concerns that the mass protests taking place in cities around the country will cause an acceleration of COVID-19 spread and a spike in cases. Can you place protesting employees on an unpaid leave of absence to quarantine ...
Tags: Law, Colorado, North Dakota, Connecticut, New Mexico, District Of Columbia, Title VII, South Carolina, California New York, Jon Hyman, Pixabay, Bruce Emmerling, George Floyd

Homeowners are unprepared for flooding in many cities: report

In cities with floodplains but no recent catastrophic events, few homeowners actually have flood insurance, according to a report by ValuePenguin.
Tags: Utah, Real Estate, Texas, Colorado, California, Boston, Sacramento, Insurance, Radio, Idaho, Hawaii, Hurricane Sandy, Fema, Hurricane, Flooding, Michigan

"The multimillion-dollar 'Forget Stoner' push featured a diverse cast of models posing in photos with the label 'Stoner' crossed out at the bottom."

"Other identities, like 'Grandmother,' 'Queen,' and 'Entrepreneur' were scrawled in instead. One image featured a uniformed police officer. Because of weed’s legal status, internet platforms like Google and Facebook, as well as most television stations, generally reject ads for it. So MedMen’s campaigns, which earned national recognition, relied heavily on billboards and radio spots... [In one ad, directed by Spike Jonze, an] interracial couple walks up their suburban driveway, carrying reusable...
Tags: Google, Facebook, Law, Colorado, South Park, Marijuana, Advertising, Commerce, Spike Jonze, Matt Stone, Trey Parker, Stoner, Ann Althouse, Bierman, Modlin

"Uncle Bunky... spoke in a gravelly patois of wisecracks, mangled metaphors, and inspired profanity that reflected the Arizona dive bars, Colorado ski slopes, and various dodgy establishments..."

"... where he spent his days and nights. He was a living, breathing 'hang loose' sign, a swaggering hybrid of Zoni desert rat, SoCal hobo, and Telluride ski bum. A prolific purveyor of Bunky-isms such as 'Save it, clown!' (or 'Zeebo' if he was in a mood).... Just days after his beloved cat Kitters passed away, he too succumbed to 'The Great Grawdoo,' leaving behind a vapor trail of memories and a piece of sage advice lingering in his loved ones' ears: 'Do what Bunky say. Not what Bunky do.'... H...
Tags: Death, Law, Colorado, Aging, Arizona, Telluride, Bunky, Ann Althouse, Randall Jacobs, Zoni, Zeebo

ADA and disabled rights roundup

If you think reopening a retail business with new distancing rules is a challenge, wait till you see the interplay with the ADA, as I explain in my new post at Cato; Court dismisses class action against Wendy’s on behalf of disabled persons unable to use after-hours drive-up service as a walk-up [Davis v. Wendy’s International, a pre-pandemic case; earlier here, here, and here on ADA complaints regarding drive up windows] “Why is subway accessibility so expensive? It’s not just about install...
Tags: Law, Colorado, Court, Uncategorized, Transit, Davis, Associated Press, Ada, Doj, Vermont, Wendy, Cato, EEOC, Daniel Schwartz, Disabled Rights, Web Accessibility

Supreme Court Limits and Questions Preclusion of Defenses in TM Case

by Dennis Crouch Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc. (Supreme Court 2020) This case makes me sad because it reminds me that my walk-able grocery store, Lucky’s Market, has closed down. Colorado based Lucky’s had its own trademark dispute with California based Lucky Supermarket. The case before the supreme court involved two other uses of LUCKY: The parties in this case have been fighting in federal court over trademark rights for almost 20 years; and in three separate act...
Tags: Google, Supreme Court, Law, Colorado, California, Patent, Lucky, Fed, Lucky Brand, U S Supreme Court, Marcel, Stryker Corp, Dennis Crouch, Lucky 's Market, Eric Moran, Lucky Brand Dungarees Inc

Argument analysis: In a close case, concerns about chaos from “faithless electors”

This morning the Supreme Court heard oral argument in a pair of challenges to the constitutionality of so-called “faithless elector” laws – state laws that penalize or remove a presidential elector who does not vote for the candidate he has pledged to support. Six presidential electors, who hail from Washington and Colorado, argue that the Founding Fathers didn’t want electors, who are part of the Electoral College that meets to formally elect the president after voters cast their ballots, simpl...
Tags: Featured, Supreme Court, Law, Colorado, Washington, Harvard, Hillary Clinton, Ruth Bader Ginsburg, Harrow, Clinton, Lessig, John Kasich, State, Democratic Party, Sonia Sotomayor, John Roberts

Wednesday round-up

Today the Supreme Court will wrap up its oral arguments for October Term 2019 by hearing another set of high-profile cases that could have implications for the upcoming presidential election: Chiafalo v. Washington and Colorado Department of State v. Baca, which ask whether the Constitution forbids a state from requiring its presidential electors to follow the state’s popular vote when casting their electoral college ballots. Amy Howe previewed the cases for this blog, in a post that first appea...
Tags: New York, Supreme Court, Law, Congress, Colorado, Washington Post, Washington, Bloomberg, United States, House, New York Times, Manhattan, Fox News, Michigan, Npr, Oklahoma

"Criminal Law in Crisis"

The title of this post is the title of this timely new essay authored by Benjamin Levin and now available via SSRN.  Here is its abstract: In this Essay, I offer a brief account of how the COVID-19 pandemic lays bare the realities and structural flaws of the carceral state.  I provide two primary examples or illustrations, but they are not meant to serve as an exhaustive list.  Rather, by highlighting these issues, problems, or (perhaps) features, I mean to suggest that this moment of crisis sh...
Tags: New York, Law, Colorado, Douglas A Berman, Benjamin Levin

Argument preview: Justices to weigh constitutionality of “faithless elector” laws

2016 Electoral College map Voters in the United States do not directly elect the president and the vice president. Instead, the Constitution instructs the states to appoint “electors,” who vote for the president and vice president. In Washington and Colorado, along with almost all other states, the electors are appointed from the same political party as the ticket that won the statewide popular vote, and they meet in early December to cast their ballots. Next week the Supreme Court will consid...
Tags: Featured, Minnesota, Supreme Court, Law, Congress, Colorado, Washington, Hillary Clinton, United States, House Of Representatives, Ohio, Tim Kaine, Donald Trump, Bernie Sanders, Hamilton, Clinton

Colorado man caught with pipe bombs at home planned armed protest of COVID-19 orders, say FBI and ATF

A Loveland, Colorado man who claimed to be angry at the state's COVID-19 restrictions has been arrested after federal agents say they discovered pipe bombs in his home. Bradley Bunn, 53, is identified as one of a group of people who were organizing an armed protest to demand the state lift anti-coronavirus measures that are intended to limit the pandemic's death toll. Here is the Justice Department's Sunday statement announcing the arrest: Northern Colorado Man Arrested For Possessing Pipe...
Tags: Post, Video, Crime, News, Law, Colorado, Fbi, Abc News, Justice Department, Domestic Terrorism, ATF, Loveland Colorado, Bunn, Coronavirus, COVID-19, COVID

Argument preview: Justices tackle challenge to “conscience” exemptions from birth-control mandate

In some ways, next week’s consolidated oral argument in Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania and Trump v. Pennsylvania will be like 2016 all over again. In the middle of a presidential election season, the justices will once again weigh in on the battle over the Affordable Care Act’s birth-control mandate, which generally requires employers to provide their female employees with health insurance that includes access to certain forms of birth control. But there ar...
Tags: Featured, Supreme Court, Law, Congress, Colorado, Pennsylvania, New Jersey, Fda, Catholic, States, ACA, Trump, Peter, Antonin Scalia, APA, HHS

What did Ancient Romans do without toilet paper?

We've all been caught unawares by our digestive tract at one time or another.It happened to the Nash family several months ago. We were nearing the end of an extended road trip, driving down a secondary highway through a sparsely populated area of Colorado at night, when one of my 9-year-old twin sons had to use the bathroom. Despite my pleading, he said he couldn't make it to the next town. (He had to poop.) So we pulled over and headed for the bushes. After he took care of his business, we rea...
Tags: Health, New York, Colorado, China, India, US, Society, History, Rome, United States, Innovation, Anthropology, Ethiopia, Archeology, Denver, Pompeii

Symposium: To bind or not to bind: The state perspective on state authority over Electoral College balloting

Paul S. Swedlund is assistant attorney general of the state of South Dakota. He is lead counsel on an amicus brief for 45 states and the District of Columbia in support of Washington and Colorado in Chiafalo v. Washington and Colorado Department of State v. Baca. The views expressed herein are solely those of the author. The opinions expressed herein should not be imputed in whole or in part to any other state or state official unless expressly endorsed by an authorized representative of the sta...
Tags: Florida, Featured, Law, Congress, Colorado, Washington, Senate, America, Pennsylvania, Hillary Clinton, South Dakota, Tennessee, George Bush, Ohio, States, District Of Columbia

Symposium: Liquidating elector discretion

Rebecca Green is professor of the practice of law and co-director of the Election Law Program at William & Mary Law School. In a 2014 case called National Labor Relations Board v. Noel Canning, the Supreme Court blessed a method of interpretation known as “liquidation” that seeks to identify settled practice as a means of understanding ambiguous constitutional text. Since then, scholars like law professor Will Baude have elaborated on James Madison’s idea that resolving constitutional vagaries c...
Tags: Texas, Featured, Minnesota, Supreme Court, Law, Congress, Colorado, Washington, White House, District Of Columbia, Illinois, Madison, National Labor Relations Board, Ray, Blair, U S Court of Appeals

Symposium: Why the Constitution mandates that presidential electors exercise best judgment

Rob Natelson is a retired professor of law at The University of Montana, senior fellow in constitutional jurisprudence at the Independence Institute in Denver and a widely published originalist scholar. He is involved in the filing of amicus briefs on behalf of the Independence Institute and Citizens for Self-Governance in support of the electors in Chiafalo v. Washington and Colorado Department of State v. Baca. A central part of our Constitution’s intricate and carefully balanced presidential...
Tags: New York, Featured, Maryland, Supreme Court, Law, Congress, Colorado, Washington, Scotland, Senate, Pennsylvania, United States, House Of Representatives, North Carolina, Denver, Rhode Island

Symposium: Constitutional doctrine and political reality in the faithless elector cases

David G. Post is a former professor of law at the Beasley School of Law at Temple University, an adjunct scholar at the Cato Institute and a contributor at the Volokh Conspiracy blog. He joined an amicus brief in support of the presidential electors in Chiafalo v. Washington and Colorado Department of State v. Baca. Our constitutional scheme for electing a president is a curious one indeed. We are all familiar with one of its features: the built-in imbalance between state population and state el...
Tags: New York, Featured, Maryland, Supreme Court, Law, Congress, Colorado, Washington, Hillary Clinton, United States, South Dakota, House Of Representatives, Agriculture, Bank, States, Clinton

Symposium: Leave courts out of presidential elector dispute

Derek Muller is a visiting professor of law at Notre Dame Law School. He wrote an amicus brief in support of neither party in Chiafalo v. Washington and Colorado Department of State v. Baca. On January 6, 2017, the president of the Senate—Vice President Joe Biden—in the presence of the Senate and the House of Representatives, and with the assistance of four tellers, opened the certificates of the electors from each of the 50 states and the District of Columbia. The tellers counted the votes alou...
Tags: Florida, New York, Featured, Mississippi, Supreme Court, Law, Congress, Colorado, Washington, Senate, Virginia, Massachusetts, Joe Biden, Hillary Clinton, Hawaii, House Of Representatives

"COVID-19 Model Finds Nearly 100,000 More Deaths Than Current Estimates, Due to Failures to Reduce Jails"

The title of this post is the title of this new ACLU report, and here are some excerpts from the first few pages of the intricate 12-page document: Models projecting total U.S. fatalities to be under 100,000 may be underestimating deaths by almost another 100,000 if we continue to operate jails as usual, based on a new epidemiological study completed in partnership between academic researchers and ACLU Analytics.  That is, deaths could be double the current projections due to the omission of jai...
Tags: Law, Colorado, Aclu, Trump, Douglas A Berman

Practice While Suspended

Colorado has had a spate of disciplinary cases involving practice by suspended attorneys. In one matter, an attorney who had been suspended for three years in 2006 and never reinstated has been disbarred by a Colorado Hearing Board. He posted... [Author: Legal Profession Prof]
Tags: Law, Colorado, Legal Profession Prof, Bar Discipline & Process, Colorado Hearing Board

Sincere apologies for destroying your house

As police battle a Colorado criminal on the loose, the home of innocent bystanders is destroyed. City of Greenwood Village to owners: rough luck, we know, but we don’t owe you anything for that loss. Or might the Supreme Court want to view that as a taking for which fair compensation is owed under the Fifth Amendment? Ilya Shapiro, Trevor Burrus, and Michael Collins on the Cato Institute’s certiorari amicus brief in Lech v. Jackson; Ilya Somin (yes, the oft-confused Ilyas were both involved). ...
Tags: Supreme Court, Law, Colorado, Uncategorized, Jackson, Lech, Cato Institute, Michael Collins, Greenwood Village, Ilya Somin, Eminent Domain, Property Rights, Ilyas, Ilya Shapiro Trevor Burrus

Coronavirus cuts into Air Force Academy tradition, not mission

They reserved a spot for Eric’s grandfather and bought his plane ticket. This was going to be a great moment for him. Luis Nunez, 81, was set to fly from his home in New York City to see his grandson Eric graduate from the Air Force Academy. Luis, a former Navy man, had always dreamed of being a pilot. But Luis had never got the chance. The upcoming Air Force graduation was going to be a culmination of hard work and lifelong dreams for three generations of the Nunez family and the families of 97...
Tags: Japan, England, News, Colorado, Navy, La, New York City, Sport, Herb, Czech Republic, Soccer, Military, Connor, Air Force, Academy, Recognition

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