Faculty news

ICYMI: Faculty Publications & Notable Mentions

Anonymous — Mon, 21 Aug 2023 16:01:51 +0000

ICYMI: Faculty Publications & Notable Mentions Anonymous (not verified) Mon, 08/21/2023 - 10:01

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 round up.

Faculty Publications

Amanda Parsons, Taxing Taxonomies, SSRN.com, Aug. 7, 2023.

Notable Mentions & Blog Posts

Paul Campos, When bad things happen to (formerly) rich people; The scandal election; A riddle for the ages; The psychology of the Trump cult; White supremacy and plutocracy; Donald’s razor; Welcome to the “find out” portion of our programming; The view from on the road to nowhere; Is there any argument for a university massively subsidizing its law school?; Lindsey Graham: The best way to punish Donald Trump’s attempt to steal the 2020 election is to re-elect him; The strange career of the Electoral College; The fire this time; Lawyers, Guns, & Money Blog, (Aug. 11-18, 2023).

T. Markus Funk’s [Colorado Law adjunct] recent article on anti-bribery & corruption compliance programs made SSRN’s Top Ten Download Lists for the following eJournals: Compliance & Risk Management; Institutional & Transition Economics.

[Gregor MacGregor, Acequia Assistance Project], Tribal Water Rights Settlement Resolution, Getches-Wilkinson Center, (Aug. 14, 2023).

Andrew Schwartz, Guest Post from Andrew A. Schwartz: A Missing Piece in Regulation Crowdfunding, ProfessorBainbridge.com, (Aug. 17, 2023).

Andrew Schwartz, Investment Crowdfunding Book Talk, Colorado Lawyers Chapter of the Federalist Society (Aug. 18, 2023).

[Ahmed White], Prof. Ahmed White awarded Richard A. Lester Prize, Colorado Law, Aug. 18, 2023. (Under the Iron Heel: The Wobblies and the Capitalist War on Radical Workers awarded the Richard A. Lester Prize for the Outstanding Book in Labor Economics and Industrial Relations published in 2022. This prize is awarded annually by the Industrial Relations Section at Princeton University.)

[Acequia Assistance Project, Colorado Law students Oliver Skelly and Ellen Beckert], ��ý students comment on Acequia Assistance Project, The Chronicle-News, (Aug. 14, 2023).

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ICYMI: Faculty Publications and Notable Mentions

Anonymous — Mon, 14 Aug 2023 16:07:28 +0000

ICYMI: Faculty Publications and Notable Mentions Anonymous (not verified) Mon, 08/14/2023 - 10:07

Faculty Publications

Peter Huang [retired Colorado Law faculty], Disrupting Racism: Essays by an Asian American Prodigy Professor (2023).

Lolita Buckner Inniss, Abortion Law as Protection Narrative, 101 Oregon L. Rev. (2023)(online link forthcoming).

Maryam Jamshidi, The Private Enforcement of National Security, 108 Cornell L. Rev.739 (2023).

Amanda Parsons, Taxing Taxonomies, SSRN.com (Aug. 7, 2023).

Blake Reid, Jerry Kang, & Alan Butler, Communications Law and Policy: Cases and Materials, Edition 7.5 (2023).

Daria Roithmayr, Racism Pays: How Racial Exploitation Gets Innovation Off the Ground, 28 Mich. J. Race & L. 145 (2023).

Notable Mentions, Blogs, & Interviews

[Harold Bruff, Professor Emeritus], Louis Jacobson, Donald Trump indictment: What to know about 2020 election, Jan. 6 investigation and charges, Politifact, (Aug. 1, 2023).

Paul Campos, Heat Wave; Why do right wing critics never argue for the existence of crypto-right wing politicians?; The demographics of 2050; The Producers, criminal litigation edition; Cars and cyclists ; LOL nothing matters; Good and bad weather; Trump indicted by federal grand jury illegally interfering in the 2020 presidential election; The real problem; Which side are you on?; Climate change and conference realignment; Donald Trump may go to prison after all; Wellness culture and fascism; A man aspired to overthrow the government, and they called it a crime; Doctor pay; Guess who is responsible for Donald Trump being the GOP presidential candidate in 2024?; The apotheosis of the long con; Georgia grand jury about to indict Trump: fascist ex-POTUS goes on smear campaign; Robbie Robertson; Feel the DeSantimania; Out of control college spending; Lawyers, Guns, & Money Blog, (July 29-Aug.11, 2023).

[Shamika Dalton, Deep Gulasekaram, Daria Roithmayr, & Wadie Said], Tenure List: August 2023, ��ý Connections (Aug. 10, 2023).

T. Markus Funk [Colorado Law adjunct], recent articles on anti-bribery & corruption compliance programs, media failures to understand self-defense law basics, and recent DOJ labor antitrust enforcement efforts) made SSRN’s Top Ten Download Lists for the following eJournals: Institutional & Transition Economics; Criminal Law; Types of Offending; Compliance & Risk Management; Law & Society: Private Law - Labor & Employment Law; and Political Economy – Development: Underdevelopment & Poverty Law.

[Deep Gulasekaram], Emily Battaglia, Getting to know Prof. Deep Gulasekaram, Colorado Law, (Aug. 8, 2023).

[Deep Gulasekaram, Maryam Jamshidi, Vivek Krishnamurthy, Sarah Matsumoto, Blake Reid, Daria Roithmayr, & Wadie Said] Twelfth season of mini law school to feature new topic areas, faculty members, Colorado Law (June 29, 2023).

Jennifer Hendricks, Emily Battaglia, Essentially a Mother: A Q&A with Jennifer Hendricks exploring her groundbreaking new book, Colorado Law (July 13, 2023).

Peter Huang, Lunch and Learn Presentations: ��ý Fireside Chat on Disrupting Racism (forthcoming, Aug. 22, 2023).

Maryam Jamshidi, Iran’s ICJ Case Against Canada Tests the Terrorism Exception to Sovereign Immunity, Just Security, (July 24, 2023).

[Maryam Jamshidi], Garrett Shanley, New state legislation leads to departures, concern among UF faculty, The Independent Florida Alligator, (July 31, 2023).

Maryam Jamshidi, Sanctions’ New Colonizers, Law and Political Economy Blog (June 22, 2023).

[Maryam Jamshidi], Caleb Symons, Iran, Canada Bring Terrorism Dispute to ICJ, Law360 (June 29, 2023).

[Margot Kaminski], Margot Kaminski Delves into the Current State of AI Ethics, TechPolicy.com (July 28, 2023).

[Susan Nevelow Mart, Professor Emeritus], Bob Ambrogi, Law Librarians’ Conference Reflected Legal Industry’s Uncertainty about AI and the Future, LawNext, (Aug. 9, 2023).

[Christopher Mueller], State v. Watson (New Jersey Supreme Court, Aug. 2, 2023)(citing Mueller’s Federal Evidence, 4th ed.).

Helen Norton [panelist] & Doug Spencer [moderator], 2023 U.S. Supreme Court Review (Aug. 2, 2023).

[Amanda Parsons], Paul Caron, Parsons. Taxing Taxonomies, TaxProf Blog, (Aug. 9, 2023).

Blake Reid, recipient of the H. Latham Breunig Humanitarian Award from Telecommunications for the Deaf and Hard of Hearing, Inc. (TDI) for work in the Samuelson-Glushko Technology Law & Policy Clinic

[Blake Reid], Emily Battaglia, Getting to know Prof. Blake Reid, Colorado Law, (Aug. 2, 2023).

[Daria Roithmayr], Brian Leiter, 14 lateral moves that made law professors “take notice” during 2022-23, Brian Leiter’s Law School Reports, (Aug. 8, 2023).

[Mark Squillace], Akielly Hu, White House takes a crack at much-needed permitting reform, Grist (Aug. 1, 2023).

[Harry Surden], Ronald M. Sandgrund, Who Can Write a Better Brief: Chat AI or a Recent Law School Graduate?, Colorado Lawyer 24 (July/August 2023).

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ICYMI: Faculty Publications and Notable Mentions

Anonymous — Mon, 31 Jul 2023 16:39:25 +0000

ICYMI: Faculty Publications and Notable Mentions Anonymous (not verified) Mon, 07/31/2023 - 10:39

Faculty Publications

T. Markus Funk [Colorado Law adjunct], Busting the Durable Myth that US Self-Defense Law Uniquely Fails to Protect Human Life, NACDL: The Champion 36 (August 2023); featured in Eugene Volokh, "Busting the Durable Myth that US Self-Defense Law Uniquely Fails to Protect Human Life", The Volokh Conspiracy (July 19, 2023).

Jennifer Hendricks, Disputed Conceptions of Motherhood, in The Oxford Handbook of Feminism and the Law in the United States 461 (Deborah L. Blake, Martha Chamallas, & Verna L. Williams, eds., 2023)(available online here).

Christopher B. Mueller, Evidence under the Rules: Text, Cases and Problems, 10th ed. (Aspen, 2023)(with Laird C. Kirkpatrick & Liesa L. Richter).

Notable Mentions

Paul Campos, 15 years of blogging; Tipping points; Ron DeSantis killed tens of thousand of Floridians because he thought opposing vaccines would help make him president; Walking is getting a lot more dangerous; Spanish election results; Wealthy career criminal partners with religious fanatics in desperate attempt to cling to political power and stay out of jail ; By the time I get to Phoenix the asphalt will be 180 degrees; Vehicular NIMBYism ; She probably didn’t come from Planet Clare; Potential collapse of the Gulf Stream ; DeSantis says he would pick RFK Jr. to head the CDC or FDA; A media system wired for Republicans; Trump says this is all a conspiracy on the part of the Biden administration to divert attention away from Hunter’s laptop; Lawyers, Guns, & Money, (July 21-28, 2023).

Violeta Chapin, With DACA’s days likely numbered, Colorado advocates urge young immigrants to seek other venues to keep working, Denver Post, (July 23, 2023).

T. Markus Funk, Top Ten Recent SSRN Downloads in Criminal Law ejournal, CrimProfBlog, (July 23, 2023). (On the Media’s Failure to Understand Self-Defense Law Basics #9)

Jennifer Hendricks, Tracy Thomas, New Book The Oxford Handbook of Feminism and Law in the US, Gender & the Law Blog, (July 25, 2023).

Suzette Malveaux (panelist), Remedies Law Workshop: Unjust Enrichment Law, Immortal Human Cell Line, and the Henrietta Lacks Case, SEALs Conference (July 26, 2023), see notable mention by UIC Law Dean Nicky Boothe here.

Suzette Malveaux (discussant), The Future of Black Enrollment in Law Schools, SEALs Conference (July 24, 2023).

Blake Reid & the Samuelson-Glushko Technology Law & Policy Clinic, Sen. Markey, Rep. Eshoo Reintroduce CVTA to make Communication Technologies Accessible for Americans with Disabilities, Markey.Senate.gov, (July 25, 2023).

Daria Roithmayr, Emily Battaglia, Getting to know Prof. Daria Roithmayr, Colorado Law, (July 27, 2023).

Ahmed White, E. Tammy Kim, How UPS and the Teamsters staved off a strike for now, The New Yorker, July 27, 2023.

Charles Wilkinson, Naoiki Nitta, A Fight for Salmon Fishing Rights Connects Indigenous Peoples Across the Pacific Ocean, Civil Eats, July 26, 2023.

Korey Wise Innocence Project, Debra Cassens Weiss, Expert’s assertions about toolmark evidence lead judge to order new trial in pipe bombings, ABA Journal, (July 24, 2023).

Colorado Law, Bennito L. Kelty, Boulder Holding Event to Help Immigrants With Questions about Immigration Law, Westword, (July 27, 2023).

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Essentially a Mother: A Q&A with Jennifer Hendricks exploring her groundbreaking new book

Anonymous — Thu, 13 Jul 2023 18:47:42 +0000

Essentially a Mother: A Q&A with Jennifer Hendricks exploring her groundbreaking new book  Anonymous (not verified) Thu, 07/13/2023 - 12:47

Emily Battaglia

Jennifer Hendricks, professor of law and co-director of the Juvenile and Family Law Program, recently published a new book. Essentially a Mother: A Feminist Approach to the Law of Pregnancy and Motherhood argues that the law of pregnancy and motherhood has been overrun by sexist ideology. Over the past few decades, courts have held that a woman’s pregnancy hardly counts in her claim to parent her child and have stripped women of the right to abortion, treated surrogate mothers as mere vessels, and handed biological fathers automatic rights over women and their children. Essentially a Mother argues that feminists must overthrow this skewed value system and incorporate new kinds of feminist analysis that have been ignored in the law before now. 

In this interview, Professor Hendricks sits down with Colorado Law’s Emily Battaglia to chat about her new book, the inspiration behind it, and the contribution she hopes it provides to the legal field.  

Thank you so much, Professor Hendricks, for taking time to answer my questions. I would love to know: what was the inspiration behind this book?  

JH: Thanks so much for taking the time to talk. The cases I point to as the crux of the book are a series of court cases about IVF mix-ups. These are cases in which women who had been struggling with infertility finally became pregnant through IVF at a clinic, only to learn that they’d been given the wrong embryos; they were then be forced to turn over the babies to the genetic parents (or even to would-be parents who bought someone else’s egg or sperm). These are hard and tragic situations, and I’m not saying there’s an easy or obvious way these cases should be decided. But what’s appalling to me is how easy the courts think those cases are—how quick they are to dismiss the birth mother’s claim in favor of the genetic parents. They basically turn her into an involuntary surrogate. In some cases, the judges have been quite horrible about scolding the birth mother, telling her it was all her fault for letting herself get attached to the baby that she literally made with her body.  It’s an extreme example of how courts have come to define parenthood in terms of genes, to the exclusion of the actual work that parents do to create and care for their children—including not just pregnancy and birth, but all the caretaking that parents do after birth as well. 

On the flip side, this minimizing of pregnancy—treating it as irrelevant to parenthood—helped pave the way for the supreme court’s decision in Dobbs v. Jackson Women’s Health, the case that overruled Roe v. Wade and eliminated the right to abortion. In that case, the Republicans on the supreme court told women that if they didn’t want a baby, they should just stay pregnant, give birth, and then place the baby for adoption. But we know that women who are denied abortions overwhelmingly reject adoption as an option. Why? Because an embryo is not the same as a baby, and having an abortion is not the same as giving up a child you’ve borne. Pregnancy is a lot of physical work, but it’s also very emotional for most people, so it leads to a bond even if it was forced on you in the first place. But the supreme court basically said pregnancy doesn’t matter, either physically or emotionally—it’s just an inconvenience. That’s the attitude that Essentially a Mother is trying to fight. 

What are the main points you hope readers take away from reading this book?  

JH: I hope to convince people that the law should define parenthood primarily in terms of caretaking for the child; and critically, the process of gestation and childbirth should be considered “caretaking” that establishes parental rights as soon as the child is born. Genes alone, without any caretaking, should not be enough. Fathers and others who don’t gestate their children can take care of them in other ways, and that caretaking should count more than just genes. We often romanticize pregnancy as some blissful, magical state, but we don’t give it real importance in terms of rights; while with fathers, we focus only on genes and child support. My argument is that, on the one hand, the law shouldn’t be acting like babies just appear out of nowhere when they’re born, with no connection to the person they just popped out of. On the other hand, the law also shouldn’t act like giving birth creates a mystical connection that is superior to other ways of becoming a parent. 

  More generally, I want people to see the connections between losing the right to abortion and denigrating pregnancy in other areas of the law, and in our culture. Women are suffering horribly, every day, from the loss of Roe v. Wade. As we fight to win back the right to abortion, we have the chance to do it in a much broader way that will protect everyone’s reproductive rights and freedoms. We must overthrow the entire skewed value system, currently enshrined in the law, that subordinates women, devalues pregnancy and other forms of caregiving, and denies too many people the right to choose whether to become parents and to raise their families with dignity and security. 

Can you talk about how this book builds upon your previous work? 

JH: Essentially a Mother is the culmination of work I’ve been doing on these issues for about fifteen years. The IVF mix-up cases are the tip of the iceberg in terms of how the genetic definition of parenthood has taken over family law. Defining parenthood in terms of genes is, at its root, a sexist approach to the law. It says that a pregnant woman’s nine months of gestation count for basically nothing when it comes to her claim to be the parent of the child she bears. Armed with this notion of parenthood, courts have handed biological fathers—even those who become fathers through rape—automatic rights over women and their children. 

Part of the problem is a logical error that courts make in terms of what it means for the law to be sex-neutral. To me, the core of parenthood is caretaking for a child, so parental rights should be based on a caretaking relationship. That caretaking can come in a variety of forms, including pregnancy. Many courts and scholars, however, have implicitly concluded that pregnancy and childbirth cannot be part of the definition of parenthood, because that would be unfair to men. That means that genes are all that’s left for identifying the parents at the time the child is born. But that isn’t sex-neutral; that’s discrimination against the people who get pregnant, because you’re refusing to count this huge thing that they did. 

The focus on genes also ends up hurting men who put a lot into taking care of their kids. When courts are judging fathers, the one thing they are likely to consider in addition to genes is whether a man paid child support. In one case, the supreme court denied parental rights to an unmarried father who had raised his son all by himself, because he’d never filed the paperwork to formally take financial responsibility. It’s all part of a pattern where the actual, physical labor of creating, birthing, and raising a child just doesn’t count for much in the law.  

With this work, what perspective do you hope to add to the current field of research in this area?   

JH: One of the things I talk about in the book is that a lot of feminist legal scholars have been surprisingly supportive of legal rules that minimize the importance of pregnancy. I think that’s because, abortion aside, a huge amount of feminist legal work is focused on employment law and constitutional law. In those fields, most of the fights in the past have been about women trying to win the same privileges as men by showing they are just as good as men at being a lawyer or a soldier or whatever. But family law is one of the most dynamic and exciting fields in legal scholarship right now, and it also has the most experience grappling with issues about gender and relationships. Essentially a Mother challenges constitutional lawyers to confront and incorporate new kinds of feminist analysis that have been ignored in the law before now. 

The book is available for order at your local bookstore, from online booksellers, and from the University of California Press.

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