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Getting to Know Professor Delaram Takyar

Emily Battaglia — Thu, 26 Jun 2025 17:22:45 +0000

Getting to Know Professor Delaram Takyar Emily Battaglia Thu, 06/26/2025 - 11:22

Emily Battaglia

Delaram Takyar is joining the Colorado Law faculty as an associate professor of law. Her research focuses on social inequality and the law, considering how the law contributes to the marginalization of disadvantaged groups. Her most recent article, The Hidden Price of Government Immunity, forthcoming in the U.C. Irvine Law Review, argues in favor of reforming government immunity laws, which, the article argues, disproportionately affect poor communities and communities of color.

Prior to joining the Colorado Law faculty, Takyar was a visiting scholar at Vanderbilt Law School. She was previously a Skadden fellow at the Tennessee Justice Center, where she started a medical-legal partnership that provided free legal services to pregnant and postpartum patients at a federally qualifying health center in Nashville. In that role, she also led an effort to develop self-help materials for pro se litigants in civil courts.

Takyar received her JD from Yale Law School, where she was student co-director of the San Francisco Affirmative Litigation Project and articles editor of the Yale Law and Policy Review. She received her Ph.D. in Sociology from New York University, where she wrote her dissertation about intergenerational economic mobility in the United States. She received her AB in Social Studies, with a secondary in Ethnicity, Migration, and Rights, from Harvard College.

Learn more about Professor Takyar in the Q&A below.

What excites you most about life in Colorado?

TD: My family and I are thrilled to be moving to a city that’s so close to the mountains and has such a thriving cultural scene. We have two young kids and can’t wait to take them hiking on weekends and to explore all the various arts festivals in town together.

Can you share a bit about any current projects you are working on?

TD: I have a paper coming out next winter about how government immunity laws disproportionately impact marginalized communities. I argue that these laws are often justified by citing economic and political benefits because they allow public officials to govern without “undue caution.” I show, however, that low-income communities and communities of color pay a disproportionate price to secure these purported benefits for all of society.

I’m also starting to work on a new project about how the access to justice movement should encompass more than just access to courts, especially considering increased safety concerns among immigrant communities about seeking court services.

How has your PhD in sociology helped inform your work as a legal scholar and teacher?

TD: Most of my research interests are informed by my perspective as a sociologist. I primarily write at the intersection of sociology and law, focusing especially on how the law affects marginalized communities. I also use sociological methods—both qualitative and quantitative—in my research. As a teacher, I’m really excited to bring a sociological perspective into the classroom. I’m teaching torts in the fall and plan to incorporate discussions about how tort law can be used to address various types of inequality. In the spring, I’ll be teaching poverty law and plan to incorporate sociological research into class discussions and readings to bring an on-the-ground perspective to the legal issues that we’re studying.

What drew you to pursuing a career focusing on social inequality and the law?

TD: My interest in social inequality started in college when I first began taking classes about poverty and race. I learned about topics such as mass incarceration, inequality in the healthcare system, and how cultural capital is differentially cultivated by parents based on class. That coursework drew me to pursuing a PhD in sociology, where I primarily researched and wrote about intergenerational economic mobility. As I progressed in my PhD program, I realized I wanted to think about sociological issues with a more acute focus on legal reform, which led to me pursuing a J.D.

What is your proudest career accomplishment so far?

TD: My proudest accomplishment as a lawyer has been establishing a new medical-legal partnership as a Skadden fellow in Tennessee. In that role, I worked with the Tennessee Justice Center and a federally qualified health center to bring free legal services to pregnant and postpartum patients and families with children in the state.

As a scholar, my proudest accomplishment was publishing my first piece of legal scholarship. It originated from an idea that I actually had in my first semester torts class. I slowly worked on it through law school and after graduating. It’s a paper about expanding the loss of chance doctrine to landlord-tenant cases and I was thrilled to share it more widely.

Professor Takyar will be presenting a talk titled "Access to Justice in Civil Courts," at Mini Law School on Sept. 24. Register here.

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Hannah Ahders '25 Joins American Indian Law Program as 2025-26 Fellow

Emily Battaglia — Thu, 26 Jun 2025 16:23:00 +0000

Hannah Ahders '25 Joins American Indian Law Program as 2025-26 Fellow Emily Battaglia Thu, 06/26/2025 - 10:23

Emily Battaglia

The American Indian Law Program (AILP) at the University of Colorado Law school is thrilled to welcome Hannah Ahders ’25 as the 2025-26 AILP fellow. In this role, Ahders will work with AILP faculty, students, and community members in support of American Indian and Indigenous Peoples’ rights.

“I am thrilled to have Hannah join us as the new AILP fellow,” said Kristen Carpenter, Council Tree Professor of Law and Director of the American Indian Law Program. “As a law student, Hannah made a remarkable impact through her dedication and contributions to the program. We can’t imagine a more fitting person to carry forward AILP’s mission in this role.”

Previous fellows include Daniel Cordalis ’11, founder and leader of the Tribal Water Institute at the Native American Rights Fund; Dr. Jacquelyn Jampolsky ’14, founding partner of AIM Law; Edyael Casaperalta ’18, Legal Advisor to Commissioner Gomez at the Federal Communications Commission; Kevin Harlow-Miller ’20, Associate Attorney at K. Scott Hamerslough P.C.; Ellie Thurston ’22, Attorney-Advisor in the Cross-Cutting Issues Law Office within the Office of General Counsel at the U.S. Environmental Protection Agency; and Emiliano Salazar ’23 Legal Advisor to the UN Special Rapporteur on the Rights of Indigenous Peoples.

Founded in 1992, the AILP at Colorado Law remains one of the world’s top programs in American Indian and Indigenous Peoples’ legal issues. The program offers a full curriculum, clinic, and certificate in Indian law; as well as an active program of research, pro bono work, and conferences, providing unparalleled learning opportunities. AILP students run Colorado Law’s Native American Law Students Association, and our AILP alumni are practicing in tribal and federal governments, private and public interest law firms, and various international organizations.

Through the faculty, the AILP maintains partnerships with numerous American Indian tribes and Indigenous Peoples, as well as the Native American Rights Fund, Grand Canyon Trust, Bears Ears Inter-Tribal Commission, Federal Bar Association, Inter-American Commission on Human Rights, and the United Nations.

Learn more about Hannah in this Q&A!

What are you most looking forward to in your role as AILP fellow?

HA: I am most looking forward to working with my heroes. I consider Professors Carpenter, Anaya, Racehorse, and Stanton to be leading the field of American Indian Law by focusing on a rights-based approach to justice. It’s an absolute privilege for me to work alongside them and to support their work. I think the fellowship also provides unparalleled opportunities to work with Indigenous leaders like President Fawn Sharp, Professor Sheryl Lightfoot, and Special Rapporteur on the Rights of Indigenous Peoples Dr. Albert Barume. I look forward to learning from them all.

What inspired you to pursue this position?

HA: Before I came to Colorado Law as a student, I focused my career on nonprofit and social justice work. I was concerned that I wouldn’t find my niche in law school because I am so motivated by my passion for transformative social change, which is often at odds with our domestic court system. However, after taking American Indian Law and International Law classes, I found that I could forge a career that would allow me to continue working for social change while grounding in my Indigenous identity. I consider the fellowship as both the perfect opportunity to apply what I’ve learned about Indigenous Peoples and international law, and the perfect opportunity to give back to the program that has given me so much purpose.

What was the most formative part of your time as a Colorado Law student?

HA: Taking American Indian Law classes sparked my interest in the legal field, but working as a student attorney in the American Indian Law Clinic assured me that this is the legal field that I am most passionate about. I had the fortune of working with international clients who challenged my own perceptions of law and justice. I experienced profound satisfaction from enhancing my research, writing, and personal skills in international law. Most importantly, Clinic Director Christina Stanton’s mentorship helped to transform me into a confident and sensitive advocate.

What sort of career do you hope to pursue after your fellowship has concluded?

HA: I think I want to do a little bit of everything, which is not hard in the field of American Indian Law. I’ve considered serving as general counsel for my Tribe, working for an Indigenous rights organization, opening my own firm, teaching, and running for office. I hope I have time to do it all!

In your role with the AILP so far, what have you enjoyed most?

HA: Again, I have to show gratitude for the incredible people in this program and at the school. It’s not easy to transition from student to professional while surrounded by former professors and old classmates. But the mentorship I’ve received so far, especially from the former Fellow Milo Salazar, have made me feel respected and valued from day one. I look forward to developing my skills and advocating for Indigenous Peoples rights with my new team.

Keep up with the latest AILP news by following the program on LinkedIn and Facebook, and feel free to contact ailp@colorado.edu for any questions about the fellowship or the program.

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Turning Hindsight into Foresight: The Colorado River at a Crossroads

Emily Battaglia — Thu, 26 Jun 2025 16:07:55 +0000

Turning Hindsight into Foresight: The Colorado River at a Crossroads Emily Battaglia Thu, 06/26/2025 - 10:07

Jacob Lehrman '27

This article was originally published on the Getches-Wilkinson Center blog on June 17, 2025.

On June 5-6, the Getches-Wilkinson Center and the Water & Tribes Initiative hosted the 45^th Annual Colorado Law Conference on Natural Resources. As efforts to finalize the post-2026 Interim Guidelines ramp up, the aptly titled Turning Hindsight into Foresight: The Colorado River at a Crossroads gathered attorneys, government officials, tribal leaders, NGO representatives, students, filmmakers, and academics to reflect on the successes and failures of the past to facilitate a discussion of how to better manage the Colorado River in the future.

Day 1 kicked off with inspiring tales of the rich history and culture of the Colorado River by author Craig Childs and professor Patty Limerick. Their impressive storytelling set the mood for the rest of the conference by underscoring the immense value of this natural resource and the importance of ensuring a more sustainable future for the river and the people who rely on it. Soon after, a panel of experts reviewed the legal principles and agreements that shaped the last set of rules for managing the Colorado River. Paired with insightful questions from the audience, the result was a truly interactive and stimulating experience.

The following presentations, which centered on the role of agriculture in shaping the region’s water budget, laid out the harsh reality that without meaningful change there is not enough water available to meet everyone’s needs. Brian Richter’s segment, Reconciling the Math of Agricultural Water Use, provided a hard-hitting overview of the numbers that go into agricultural water consumption, a perspective that is ever so vital in setting the course for future management guidelines. Day 1 came to a close with a speech by Roger Fragua from the Flower Hill Institute that highlighted the need for cooperation and compassion, instilling a sense of purpose and commonality that perfectly teed up a lovely happy hour reception.

Day 2 began with an update from tribal leaders and representatives on their current situations and concerns for the future. For much of our history, tribal voices have been excluded from the decision-making process, so it was deeply impactful to hear their perspectives shared with clarity, strength, and vision. Next on the agenda was a film screening of What the River Knows that not only shined a light on the environmental and cultural significance of Glen Canyon, but it gave the audience an opportunity to appreciate the raw beauty of the region through stunning cinematography and documentation. Rounding out day 2, presentations from state and federal officials uncovered the competing interests of the varied stakeholders that rely on the Colorado River. Despite some disagreements, the overarching theme of cooperation and understanding gave way to a sense of hope that an equitable agreement is within reach.

Bringing the conference to a close was a discussion on the long-term goals and aspirations for successful management of the Colorado River. Turning hindsight into foresight, this panel reflected one last time on where we came from and how those lessons of the past can empower us to achieve a brighter future and ensure the health of the Colorado River for generations to come.

On June 5-6, the Getches-Wilkinson Center and the Water & Tribes Initiative hosted the 45th Annual Colorado Law Conference on Natural Resources. As efforts to finalize the post-2026 Interim Guidelines ramp up, the aptly titled Turning Hindsight into Foresight: The Colorado River at a Crossroads gathered attorneys, government officials, tribal leaders, NGO representatives, students, filmmakers, and academics to reflect on the successes and failures of the past to facilitate a discussion of how to better manage the Colorado River in the future.

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Getting to Know Professor Adam Sopko

Emily Battaglia — Tue, 24 Jun 2025 17:33:27 +0000

Getting to Know Professor Adam Sopko Emily Battaglia Tue, 06/24/2025 - 11:33

Emily Battaglia

In August, Professor Adam Sopko will join the Colorado Law Faculty as Associate Professor.

Adam currently serves as a Staff Attorney with the State Democracy Research Initiative at the University of Wisconsin Law School. He joined the Initiative following a clerkship with Chief Justice Stuart J. Rabner on the New Jersey Supreme Court. Sopko graduated from Northwestern Pritzker School of Law, where he served as Editor-in-Chief of the Northwestern University Law Review.

In this interview, Adam shares more about his work, the inspiration behind it, and some of her career accomplishments so far.

What excites you most about life in Colorado?

AS: What's the word limit on these responses?! I grew up in a rural town in the mountains of northeastern Pennsylvania but have spent most of my post-grad life in cities, so I'm thrilled to be so close to mountains and streams again. My family and I love to be outside as much as possible and so we are looking forward to being a part of Boulder's close-knit community where folks are always looking for a reason to get up from the computer and go for a trail run or bike ride!

Can you share a bit about any current projects you are working on?

AS: My work is focused on understanding how state institutions—governors, courts, legislatures, etc.—shape public policy. Recently, I've been writing about state supreme courts—their powers, limits, and so on—and how they participate in governance. I'm just wrapping up a paper that studies how high courts have used their administrative power—the same power they use to set policies about courtroom closures due to weather or policies about wearing a mask during a pandemic—to expand individual rights and remedies.

Longer term, I'm working on a paper that builds on this same project but studies how state supreme courts make and shape public policy outside of adjudication. We typically think of courts and judicial power as limited to resolving legal disputes—without a lawsuit before them, they can't act—but high courts in several states have addressed important issues from criminal justice to wealth inequality without a party ever filing a brief or complaint. This project will take a deep dive on this aspect of state judicial practice and its implications on state distribution of powers.

This summer I'm working on a project focused on state judicial independence by studying relations between state judiciaries and legislatures. Across the country, state legislatures are attempting to entrench policy preferences by reshaping the structure of the judiciary—like, creating special courts to hear important cases and choosing the judges who decide them. This project will shine a light on this phenomenon and explore its implications for democratic norms and judicial autonomy.

How does your experience with the State Democracy Research Initiative inform your approach as a legal scholar and teacher?

AS: I split my time at SDRI between scholarly research and advocacy—filing briefs in state supreme courts where we thought our research on state constitutional law was helpful and advising members of state government on thorny questions of state public law. That experience has provided a helpful perspective on the role state and local institutions play in our legal system. As a scholar, it helped shape my research agenda by helping me locate where my interests overlap with the gaps in our understanding of how these institutions work. As a teacher, my experience will hopefully help students recognize that beyond the federal system, state and local institutions provide potent, but perhaps overlooked, pathways for them to advance the interests of the clients and causes they'll be representing after leaving the classroom.

What drew you to pursuing a legal career?

AS: Before law school, I worked at a consulting firm that often advised clients who were in the midst of litigation, which meant I often worked alongside lawyers. Without any lawyers in my family, this gave me a better appreciation for the role attorneys and courts can play in making society better (or worse!). The attorneys I was often working alongside helped me see that what I liked about the job was its overlap with the law. After a few years of letting those hints and suggestions percolate, I made the jump to law school.

What is your proudest career accomplishment so far

AS: I was deeply proud to serve as a law clerk to Chief Justice Stuart Rabner on the New Jersey Supreme Court. Clerkships are a terrific experience, especially for recent graduates, as you are typically exposed to a wide variety of areas of the law and gain invaluable mentorship, and my experience was no exception. I learned so much assisting the Chief Justice throughout the Term as he grappled with difficult cases touching on tort law, criminal sentencing, corporate law, voting rights, and more. It was also invaluable as a recent graduate to work for and learn from someone who is committed to integrity and the rule of law on a molecular level. My experience was especially humbling since, as the highest court in the state, the New Jersey Supreme Court has the final say on nearly all the legal issues that it resolves.

Professor Sopko will be presenting a talk titled “The Power of State Constitutions” at Mini Law School on September 3. Register for this fall’s Mini Law School session here: /law/academics/mini-law-school

In August, Professor Adam Sopko will join the Colorado Law Faculty as Associate Professor. In this interview, Adam shares more about his work, the inspiration behind it, and some of her career accomplishments so far.

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Getting to Know Professor Ann Lipton

Emily Battaglia — Tue, 24 Jun 2025 17:25:19 +0000

Getting to Know Professor Ann Lipton Emily Battaglia Tue, 06/24/2025 - 11:25

Emily Battaglia

In August, Professor Ann M. Lipton will join the Colorado Law Faculty as Professor of Law and Laurence W. DeMuth Chair of Business Law.

Ann M. Lipton studies corporate governance, the relationships between corporations and investors, and the role of corporations in society. Her articles have appeared in the Yale Journal on Regulation, Journal of Corporation Law, and the Georgetown Law Journal, among other publications. In 2020, one of her articles made the Corporate Practice Commentator's list of the 10 Best Articles of the year. Beginning with the Ninth Edition, she became one of the authors of the Securities Regulation: Cases and Materials casebook published by Aspen Publishers. She also blogs regularly for the Business Law Prof Blog.

Lipton will join the Colorado Law faculty from Tulane Law. Prior to entering academia, she practiced in New York for over ten years, specializing in plaintiff-side corporate and securities litigation. Before that, she clerked for U.S. Supreme Court Justice David Souter and Chief Judge Edward Becker of the Third Circuit Court of Appeals. Lipton holds a JD from Harvard Law School.

In this interview, Professor Lipton shares more about her work, the inspiration behind it, and some of her career accomplishments so far.

What most excites you about life in Colorado?

AL: I'm a business law professor, and Colorado - especially the Boulder area - has a thriving startup scene. I'm looking forward to getting to know the people who are part of that ecosystem. And more personally, the environment is so beautiful; I can't wait to buy a good pair of boots and get on a hiking trail.

Can you share a bit about any current projects you are working on?

AL: I've been researching whether the structure of the securities laws - and particularly the laws that govern institutional investors, like mutual funds and private equity funds — inadvertently encourage investors to seek out companies with antisocial business models, that ultimately harm society overall.

Beyond that, I've recently started a podcast called Shareholder Primacy. It's a pet project with Michael Levin, an activist investor based in Chicago. We talk about current issues involving corporate law and investor rights and responsibilities.

How does your experience as a litigator inform your approach as a legal scholar and teacher?

AL: I often use examples of cases I worked on to illustrate particular points for students. I can show them the documents that were under consideration by the court, and describe the arguments, in a way that I think helps the students appreciate how a single set of facts can be interpreted in many different ways.

What inspired you to pursue a legal career?

AL: My mother is an attorney (retired), and my grandmother was an attorney, so I was absolutely, positively committed to never becoming an attorney myself. Until I was assigned to read the book Make No Law by Anthony Lewis in a college class on mass communication. That book taught me to view law as a vehicle for social change and inspired me to take some undergraduate legal classes. After that I was hooked.

What is your proudest career accomplishment so far?

AL: In 2021, I received Tulane Law's Felix Frankfurter Award for Distinguished Teaching. I could not be prouder.

Professor Lipton will be presenting a talk titled “Will Elon Musk Get His Pay Package Back and the Rupture in Delaware Corporate Law” at Mini Law School on September 17. Register for this fall’s Mini Law School session here: /law/academics/mini-law-school

In August, Professor Ann M. Lipton will join the Colorado Law Faculty as Professor of Law and Laurence W. DeMuth Chair of Business Law. In this interview, Professor Lipton shares more about her work, the inspiration behind it, and some of her career accomplishments so far.

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Silicon Flatirons to Host Inaugural Space and Spectrum Policy Conference

Emily Battaglia — Mon, 16 Jun 2025 20:15:49 +0000

Silicon Flatirons to Host Inaugural Space and Spectrum Policy Conference Emily Battaglia Mon, 06/16/2025 - 14:15

Emily Battaglia

In theory, space is infinite. In practice, it is not.

Practical and physical limitations of the space environment are now evident as stakeholders wish to use resources in space. As barriers to entry in space continue to fall, and resource conflicts emerge, this begs the question: what is the correct way to regulate space?

On June 24 and 25, Silicon Flatirons will aim to examine this urgent question at the inaugural Space and Spectrum Policy Conference hosted at Colorado Law. The event, titled “Challenges in Sustaining Space as a Resource,” will highlight the challenges of space sustainment, and explore technical, regulatory, and cultural issues that must be addressed.

“The increasing exploitation of space is obvious to even the casual observer,” said Keith Gremban, Senior Fellow at Silicon Flatirons and Research Professor at the ��ý’s Colorado Center for Astrodynamics Research (CCAR). “Any area that is growing so quickly is bound to stretch the borders of existing technology, regulations, and policy. Space also has the property of being international, which opens up an additional range of regulatory and policy concerns.”

"This conference examines urgent issues as commercial space activity quickly outruns existing space regulations,” said Brad Bernthal, Executive Director of Silicon Flatirons. “This is what Silicon Flatirons does best. We convene top experts, and different opinions, to tackle tough questions in technology policy.”

Conference topics will range from addressing the challenges of maintaining orbital space as a resource to issues like managing radio frequencies to keep satellite communications from interfering with each other or with terrestrial communications. Sessions include “Historical Lessons for Governing the Final Frontier,” “Contemporary Challenges in Space Governance,” and “Resolving Spectrum Conflicts Between Active Users in Space and on Earth.”

“Exploitation of space can be a huge benefit for the U.S. and the entire world if managed appropriately,” Gremban explained. “However, as with any other natural resource, inappropriate actions can have drastic consequences for everyone. It’s time to draw attention to the challenges of regulating space in order to maintain it as a global resource. As we know, regulation can stifle or encourage innovation.”

Colorado Law serves as a superb launch point for the conference. The state itself is a hub for the space industry and is already home to a number of existing and startup space companies such as Lockheed Martin and Raytheon, as well as newcomers Kayhan Space and Capella Space. Additionally, ��ý houses one of the largest aerospace engineering departments in the U.S. along with the Laboratory for Atmospheric and Space Physics (LASP), one of the premier academic institutes exploring space.

Keynote speakers include Anna Gomez, FCC Commissioner; David Goldman, Vice President of Satellite Policy at SpaceX; and Adam Cassady, Principal Deputy Assistant Secretary and Deputy Administrator at the National Telecommunications and Information Administration (NTIA). In addition to the three keynote addresses, participants will hear from more than 25 different speakers across seven sessions. The results of the conference discussions will be documented in a report.

“A particularly interesting discussion will be on so-called “dark and quiet skies,” meaning keeping the skies clear for radio and optical astronomy, for amateur star-gazing, and to preserve the legends, myths, and religions that reside in the visible stars,” Gremban said. “There are a number of designated dark sky locations around the world, but that won’t matter if brightly reflecting satellites obscure the constellations.”

Registration for the conference is now open, and a remote option will be available. Additionally, CLE credits for Colorado attorneys are pending. Visit the Silicon Flatirons website for more details.

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

Emily Battaglia — Mon, 16 Jun 2025 17:58:01 +0000

ICYMI: Faculty Publications, Media Mentions, and Faculty & Staff Activities Emily Battaglia Mon, 06/16/2025 - 11:58

Faculty Publications

S. James Anaya, Mining Association Position Statement on Indigenous Peoples: Respect for Their Rights Advanced, with Some Shortcomings, 36 COLO. ENV’T L. J. 197 (2025).

Vivek Krishnamurthy, Sarah Baldwin, Zoe Gelpa, & Victor Laudano, Geofence Warrants: A Model State Policy (SSRN.com)(report discussed in Tech Policy Press.)

Sarah A. Matsumoto, Greenwashed Forest Management And Wildfire Resilience , 36 Colo. Env't L. J. 247 (2025).

Mark Squillace, Public Engagement in Expedited Agency Rulemaking, The Regulatory Rev. (June 4, 2025)(derived from a report Squillace prepared late last year for the Administrative Conference of the United States, report available here).

Media Mentions

[Brad Bernthal], Silicon Flatirons in Search of New Leader as Director Plans to Move On, Boulder Daily Camera (June 9, 2025)(Access the article through Colorado newspapers database).

[Anne Castle & Brad Udall [GWC Senior Fellows], GWC Conference], Brandon Loomis, Worsening Climate Outlooks Raise The Stakes for an Agreement on The Colorado River, Arizona Republic (June 6, 2025).

[Deep Gulasekaram], Zolan Kanno-Youngs & Hamed Aleaziz, Trump's New Travel Ban is Rife is Contractions, NY Times (June 5, 2025).

Protestors Clash with Law Enforcement in Dowtown L.A., Hundreds March Against Trump's Immigration Sweeps, Air Talk with Larry Mantle (June 9, 2025)(Gulasekaram appearance begins around 1:36:00 in the program).

Vivek Krishnamurthy, A Model Framework for Regulating Geofence Warrants, Tech Policy Press (June 9, 2025).

[Blake Reid], Rob Pegoraro, Disney, Universal Sue Midjourney for Creating "Bottomless Pit of Plagiarism," PC Magazine (June 11, 2025).

[Scott Skinner-Thompson], Ann Schimke, Amid Trump's Funding Cuts, A Rural School District Looks to Remove LGBTQ Policy Protections, Chalkbeat Colorado (June 9, 2025).

[Mark Squillace], Bobby Magill, Trump DOJ Outlines Legal Justification to Abolish Monuments, Bloomberg Law (June 10, 2025).

Wyatt Myskow, Department of Justice Gives Trump Go-Ahead to Eliminate National Monuments, Inside Climate News (June 11, 2025).

Adair Teuton, Back to Energy Dominance? Trump BLM Reversals Signal New Era on Public Lands, Real Clear Energy (June 11, 2025).

Jennifer Yachnin & Heather Richards, Trump Bid to Shrink Monuments Could Prompt Big Legal Battle, E&E News (June 12, 2025).

[Chris Winter, GWC], Greg Hanscom, HCN Welcomes Our Newest Board Member, High Country News (June 1, 2025).

Rae Solomon, Trump Administration Energy Policy Shows Chaos for Rural Solar Development, Marketplace (June 11, 2025).

[Getches-Wilkinson Center Conference], Shannon Mullane, "The Time For Action is Now": Pressure Mounts For Negotiations Over the Colorado River's Future, Colorado Sun (June 9, 2025).

Shaun McKinnon, "A World Unlike Anything We Know," Arizona Republic (June 9, 2025)(Lexis login required).

Faculty & Staff Activities

Brad Bernthal (opening & closing remarks), Keith Gremban (moderator, SFC) David Reed (moderator, SFC), Jonathan Skinner-Thompson (panelist), JP de Vries (moderator, SFC), Challenges in Sustaining Space as a Resource (upcoming Silicon Flatirons conference, June 24-25).

[Bryan Choi, Tony Derron, Ann Lipton, Jacob Nunnally, Govind Persad, Adam Sopko, Delaram Takyar, Paige Wilson], Eight New Faculty Join Colorado Law, Colorado Law (June 4, 2025).

Paul Campos, Lawyers, Guns, & Money (May 30-June 13), blog posts available here.

[Tony Derron], Brian Leiter, Congratulations to the Chicago Alumni and Fellows Who Accepted Tenure-Track Jobs in Law Schools this Year, Brian Leiter's Law School Reports (May 13, 2025).

Anne Castle [GWC Senior Fellow, speaker], Brad Udall [GWC Senior Fellow, speaker] & Chris Winter [GWC, speaker], 2025 Conference on the Colorado River, Getches-Wilkinson Center (June 5-6, 2025).

[Maryam Jamshidi], Tenure List: June 2025, ��ý Connections (June 12, 2025).

Margot Kaminski & Gianclaudio Malgieri's The Right to Explanation in the AI Act was listed on SSRN's Top Downloads list today for: Consumer Law eJournal, Cybersecurity & Data Privacy Law & Policy eJournal, Cybersecurity, Privacy, & Networks eJournal, Decision Science Research Network, Decision-Making in Public Policy & the Social Good eJournal, DecisionSciRN Subject Matter eJournals, Information Systems eJournal and Law & Society: Legislation eJournal.

Gregor MacGregor, (AAP Supervising Attorney), Non-Functional Turf Replacement: Movements and Results, Panel Organizer, Moderator, and Speaker, UCOWR/NIWR Annual Conference (June 2025).

Reducing Socio-Economic Barriers for Minority and Small Irrigators through Pro Bono Legal Service, Panelist, UCOWR/NIWR Annual Conference (June 2025). (Presenting on the work of the Acequia Project).

[Mark Squillace], America's Most Important Conservation Law Turns 119, Wilderness.org Blog (June 10, 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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A Model Framework for Regulating Geofence Warrants

Emily Battaglia — Fri, 13 Jun 2025 16:17:53 +0000

A Model Framework for Regulating Geofence Warrants Emily Battaglia Fri, 06/13/2025 - 10:17 Vivek Krishnamurthy

This article was originally published in Tech Policy Press on June 9, 2025. It is reprinted here with permission from Tech Policy Press, view the original publication on their website.

Originally published online: June 9, 2025

Author: Vivek Krishnamurthy

In the United States, law enforcement's use of geofence warrants—court orders compelling tech companies to provide location data for all devices within a specified area and timeframe—is among the most contentious digital civil liberties issues of our time. Federal courts have struggled to apply existing Fourth Amendment doctrine to such searches, and in the meanwhile, a three-step procedure developed by Google—currently the main purveyor of location data to law enforcement—has been doing most of the work that the law should be doing in channeling how law enforcement agencies conduct searches of geolocation databases.

We believe that this situation is untenable, and that geofence searches should be regulated by statutory law. Since most crimes are state offenses and are investigated by state and local law enforcement, we believe that state legislatures should step up to improve the manner in which such searches are conducted. Accordingly, the Samuelson-Glushko Technology Law and Policy Clinic at the University of Colorado Law School has developed a comprehensive model policy frameworkthat states can adopt to regulate these powerful but invasive investigative tools. We have done so at the request of the Center for Democracy and Technology (CDT), although the policy we have developed reflects the thinking of our clinic team, rather than the position of CDT, on this issue.

Geofence warrants represent a fundamental shift in how criminal investigations are conducted. Unlike traditional warrants targeting specific suspects, these "reverse-location warrants" cast a digital dragnet, capturing location data from every device within designated boundaries. When a bank robbery occurs, for instance, law enforcement might request data for all devices within a 150-meter radius during the hour surrounding the crime—potentially sweeping up information about hundreds of innocent bystanders.

The privacy implications of such warrants can be staggering. Location data reveals intimate details about our lives: where we work, worship, seek medical care, and our familial, recreational, and sexual associations. Yet confusion reigns in the federal courts as to the very constitutionality of such searches. Last year, the Fifth Circuit declared geofence warrants to be a species of a general warrant and therefore per se unconstitutional, but in April, a plurality of en banc Fourth Circuit justices found that geofence database queries did not even rise to the Fourth Amendment's definition of a search.

Our model policy addresses this uncertainty by establishing clear, technology-neutral guidelines that strongly protect privacy while recognizing the utility of this investigative tool—albeit only in rare and extenuating circumstances. The framework rests on four pillars:

First, strict limitations on when geofence warrants may be used. These warrants should be reserved for investigating only the most serious crimes—typically those involving violence or severe harm. States can define eligible offenses using their existing classifications for the most serious felonies or by referencing crimes that qualify for wiretap warrants.

Second, robust exhaustion requirements. Before seeking a geofence warrant, law enforcement must demonstrate that traditional investigative methods—witness interviews, surveillance footage, targeted suspect tracking—have either failed or would likely prove futile. This prevents premature use of privacy-invasive investigative techniques when less invasive alternatives exist.

Third, enhanced judicial oversight throughout the process. Our framework introduces a four-step process that begins with law enforcement obtaining a count of devices within their proposed geofence via subpoena. This innovation helps assess whether the number of devices for which location data will be collected is reasonable under the circumstances. The policy then implements escalating legal standards at each stage: probable cause for initial anonymized data, an intermediate standard for expanded temporal searches, and renewed probable cause for de-anonymization. Courts remain actively involved throughout, preventing the current practice where a single warrant authorizes the entire process.

Fourth, careful tailoring factors to minimize privacy intrusions. Judges must consider the geographic scope, timeframe, population density, and presence of sensitive locations like health clinics or houses of worship. A geofence warrant covering Times Square on New Year's Eve demands far greater scrutiny than one targeting a remote rural area. These factors ensure searches remain as narrow as possible while still serving investigative purposes.

The policy also mandates transparency through annual reporting requirements similar to those governing wiretaps. This creates public accountability for how often geofence warrants are used, their success rates, and how many innocent people's data is collected.

Importantly, our framework anticipates technological change. With Google transitioning its Location History feature to on-device storage later this month, law enforcement will likely pivot to other data sources—mobile carriers, app developers, and data brokers—when issuing geofence warrants. Our technology-neutral approach ensures protections remain effective regardless of which entities hold location data.

Our proposal is not about hampering legitimate investigations into serious crimes. When traditional methods fail to identify suspects, geofence warrants can provide crucial leads. But their invasiveness demands that they are used only as a last resort, and subject to strong safeguards to protect the privacy of innocent individuals who just happen to be in the vicinity of where a serious crime has been committed.

As location-tracking technology becomes ever more pervasive and precise, the need for state action to govern geofence warrants has never been more urgent. Courts move slowly, deciding individual cases without establishing comprehensive rules that govern the process by which search warrants are issued and executed. Legislation can provide the clarity law enforcement needs while protecting citizens' reasonable expectation of privacy in their movements.

The full report, including detailed implementation guidance and model statutory language, offers legislators a roadmap for crafting effective geofence warrant regulations. By adopting these recommendations, states can lead in protecting both the privacy and the safety of their citizens in today's digital environment.

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Eight New Faculty Join Colorado Law

Emily Battaglia — Wed, 04 Jun 2025 19:54:33 +0000

Eight New Faculty Join Colorado Law Emily Battaglia Wed, 06/04/2025 - 13:54

Lolita Buckner Inniss, Dean and Provost’s Professor of Law, announced the appointment of eight professors to Colorado Law’s full-time faculty: Bryan Choi, Tony Derron, Ann Lipton, Jacob Nunnally, Govind Persad, Adam Sopko, Delaram Takyar, and Paige Wilson.

“We are thrilled to welcome these eight exceptional scholars and educators to our esteemed faculty this fall,” said Dean Inniss. “Each of them brings to Colorado Law a wealth of expertise, innovative research, and a deep commitment to preparing the next generation of legal leaders.”

Meet Colorado Law’s newest professors:

Bryan Choi

Choi's scholarship brings an interdisciplinary focus to software and AI safety. He is especially well-known for his work on software liability, which has been influential in policymaking discussions on national cybersecurity strategy. Prior to joining Colorado Law, Choi was jointly appointed at the Ohio State University Moritz College of Law and Department of Computer Science and Engineering. Choi received his JD and AB in Computer Science from Harvard University. He clerked for Judge Leonard I. Garth of the U.S. Court of Appeals for the Third Circuit and Judge William C. Bryson of the U.S. Court of Appeals for the Federal Circuit.

Tony Derron

Tony Derron joins the Colorado Law faculty from the University of Chicago School of Law, where he was a Bigelow Fellow. He is an environmental law scholar who examines how administration, government structure, and property rules affect environmental outcomes. Before joining the academy, Derron served in the Natural Resources and Environment Section of the Colorado Attorney General’s office and clerked on both the Colorado Supreme Court and U.S. District Court for the District of Colorado.

Ann Lipton

Joining the Colorado Law faculty from Tulane Law, Ann M. Lipton studies corporate governance, the relationships between corporations and investors, and the role of corporations in society. Her articles have appeared in the Yale Journal on Regulation, Journal of Corporation Law, and the Georgetown Law Journal, among other publications. Prior to entering academia, she practiced law in New York city for over ten years, specializing in corporate and securities litigation. She also clerked for U.S. Supreme Court Justice David Souter and Chief Judge Edward Becker of the Third Circuit Court of Appeals.

Jacob Nunnally

In March 2025, Jacob Nunnally joined Wise Law Library as the Associate Director for Resource Access and Discovery. His research interests include institutional repositories, archives, and 18th and 19th-century American history. Nunnally began working in academic law libraries in New York in 2018 when he became the Assistant Director of Access and Collections Services at the Hofstra University Law Library.

Govind Persad

Govind Persad’s research applies methods from bioethics and social philosophy to law in order to address longstanding and new problems at the interface of health law and policy. His recent writing appears in law reviews, such as the Michigan Law Review, Iowa Law Review, and Emory Law Journal, as well as high-profile peer reviewed medical and scientific journals, including Science, JAMA, and The Lancet. Persad comes to Colorado Law from the University of Denver Sturm College of Law. He clerked for Judge Carlos Lucero on the U.S. Court of Appeals for the Tenth Circuit.

Adam Sopko

Adam Sopko is a state public law scholar who studies how institutions structure and participate in state-level governance and policymaking. Before joining Colorado Law, he served as a Staff Attorney with the State Democracy Research Initiative at the University of Wisconsin Law School, which studies the role state institutions play in protecting and enhancing our democracy. At SDRI, Sopko's work included scholarly research, drafting amicus briefs, and advising policymakers. Before SDRI, he clerked for Chief Justice Stuart J. Rabner on the New Jersey Supreme Court.

Delaram Takyar

Delaram Takyar’s research focuses on social inequality and the law, considering how the law contributes to the marginalization of disadvantaged groups. Her most recent article, The Hidden Price of Government Immunity, argues in favor of reforming government immunity laws, which, the article argues, disproportionately affect poor communities and communities of color. Prior to joining the Colorado Law faculty, Takyar was a visiting scholar at Vanderbilt Law School and medical-legal partnership attorney at the Tennessee Justice Center, where she started as a Skadden Fellow.

Paige Wilson

Paige Wilson previously directed the Entrepreneurial Business Law Clinic at The Ohio State University Moritz College of Law, where her students represented a mix of startups, small businesses, nonprofits, and student-athletes with NIL contracts. She also practiced corporate law at Gunderson Dettmer in New York City, where she represented high-growth technology companies and venture capital funds. Wilson’s research on venture capital and clinical pedagogy has been published in the Berkeley Business Law Journal and the Tennessee Journal of Business Law, respectively.

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

Emily Battaglia — Tue, 03 Jun 2025 16:40:21 +0000

ICYMI: Faculty Publications, Media Mentions, and Faculty & Staff Activities Emily Battaglia Tue, 06/03/2025 - 10:40

Faculty Publications

Laura Dolbow, Public Patent Powers, 123 Mich. L. Rev. 599 (2025).

T. Markus Funk [Colorado Law adjunct faculty], How Criminal Offenders Offend Society's Equality Expectations, 78 SMU L. Rev. Forum 47 (2025).

Margot Kaminski & Gianclaudio Malgieri, The Right to Explanation in the AI Act (available at SSRN).

Helen Norton, Contesting 'Address': Conflicts Over the Words We Use to Address and Refer to Each Other, 62 Hous. L. Rev. 799 (2025).

Wadie Said, Terrorism on Trial: Political Violence and Abolitionist Futures, 47 Arab Stud. Q. 120 (2025)(book review).

Andrew A. Schwartz, Ghosting the Crowd, 82 Wash. & Lee L. Rev. 565 (2025).

Scott Skinner-Thompson, Centering the Vulnerable through Data Protection, JOTWELL (May 22, 2025) (reviewing Gianclaudio Malgieri, Vulnerability and Data Protection Law (2023)).

Sloan Speck, The Realization Rule as a Legal Standard, Colum. J. Tax L. 1 (2024).

Media Mentions

[Deep Gulasekaram], Carter Sherman, Republicans Say They Want More American Babies-- But Which Kind?, The Guardian (May 15, 2025).

National Public Radio sues Trump administration over cuts to federal funding for public media, AirTalk with Larry Mantle, KPCC Southern California Radio (May 27, 2025)(Gulasekaram interview begins around 6:05 in the segment).

[Dale Hatfield, SFC], Drone Spectrum Supporters Raise Questions in FCC Reply Comments, Communications Daily (May 20, 2025)(Lexis login required).

[Dean Inniss], Jamie Lammers, Local Judge Recognized at ��ý Commencement, The Mountain-Ear (May 20, 2025).

[Margot Kaminski], Alix Breeden, The Dark Reality of Making the US the "AI Capital of the World",Daily Kos (May 17, 2025).

[Margot Kaminski, Vivek Krishnamurthy], Bente Birkeland, Revise, Delay, or Implement? The Standoff Over Colorado's AI Discrimination Law, CPR News (May 22, 2025).

[Jud Lohnes, Korey Wise Innocence Project], Jenny Deam, 'I Felt This Sense of Peace': Amid CBI Lab Scandal, Colorado Man Gives First Interview Since Release From Prison, Denver Gazette (May 25, 2025).

[Gregor MacGregor, AAP Supervising Attorney], John Lehndorff, Home is Where the Hearth Is, Boulder Weekly (May 21, 2025).

Wadie Said, The Abduction of Mahmoud Khalil, Dissent (Mar. 14, 2025).

[Doug Spencer], Seth Klamann, Colorado is Part of 20 Lawsuits (and Counting) Against Trump. Here's What AG Phil Weiser Says is Behind the Strategy, Denver Post (May 18, 2025).

[Mark Squillace], Alexander Nazaryan, Interior Department Weighs Less Conservation, More Extraction, N.Y. Times (May 13, 2025).

Faculty & Staff Activities

[Fred Bloom, Violeta Chapin, Dean Inniss, Blake Reid], Celebrating the Class of 2025, Colorado Law (May 29, 2025).

Paul Campos, Lawyers, Guns, & Money (May 16-30), blog posts available here.

[Amanda Parsons], Paul Caron, Today's Law, Society & Taxation Panels, TaxProf Blog (May 22, 2025)(presenting Digitalization, Inequality, and the New Policitical Economy of Wealth and Capital Income Taxes at the 2025 Law & Society Association Annual Meeting in Chicago).

[Sloan Speck], Paul Caron, Columbia Journal of Tax Law Publishes New Issue, TaxProf Blog (May 19, 2025).

Paul Caron, Today's Law, Society, and Taxation Panels, TaxProf Blog (May 25, 2025)(discussing The Realization Rule as a Legal Standard, 16 Colum. J. Tax L. 1 (2024) at the 2025 Law & Society Association Annual Meeting in Chicago).

Doug Spencer (presenter), "Mobilization Intensity and the Turnout Gap," The Racial Turnout Gap in the 21st Century Symposium, Brennan Center for Justice (Mar. 11, 2025).

Getches-Wilkinson Center Defends the Endangerd Species Act, GWC (May 20, 2025).

[Silicon Flatirons Center Conference], Sara Friedman, GOP Commissioner Simington Says FCC Internet of Things Cyber Labeling Program Encourages Investments Through Market Forcees, Inside Cybersecurity (May 20, 2025)(Lexis login required).

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