Citizenship Delayed: Civil Rights and Voting Rights Implications of the Backlog in Citizenship and Naturalization Applications

Colorado State Advisory Committee to the U.S. Commission on Civil Rights

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State Advisory Committees to the U.S. Commission on Civil Rights

By law, the U.S. Commission on Civil Rights has established an advisory committee in each of the 50 states and the District of Columbia. The committees are composed of state citizens who serve without compensation. The committees advise the Commission of civil rights issues in their states that are within the Commission’s jurisdiction. More specifically, they are authorized to advise the Commission in writing of any knowledge or information they have of any alleged deprivation of voting rights and alleged discrimination based on race, color, religion, sex, age, disability, national origin, or in the administration of justice; advise the Commission on matters of their state’s concern in the preparation of Commission reports to the President and the Congress; receive reports, suggestions, and recommendations from individuals, public officials, and representatives of public and private organizations to committee inquiries; forward advice and recommendations to the Commission, as requested; and observe any open hearing or conference conducted by the Commission in their states.

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Banning Facebook: Sex Offenders, Probation, and Social Media Under Colorado Law

Marty E. Whalen Brown*

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Colorado judges have substantial discretion to determine the terms of probation for each offender. Trial courts, however, frequently rely on standard terms and conditions for quicker sentencing, and these forms include a general prohibition against internet access for sex offenders. The Supreme Court recently considered the constitutionality of a ban on social media use by sex offenders in the case Packingham v. North Carolina. This Comment considers whether Colorado’s pro­bation practices are constitutional given the Court’s holdings in Packingham.

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Not Just Air Pollution: How the Clean Air Act Can Fix Zoning, Transportation, and Affordable Housing

Nicholas D. Monck*

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The Clean Air Act of 1970 produced a revolution in envi­ronmental law. From its unique approach to federalism to its technology forcing provisions, it remains an innovative statute to this day. In light of the growing threat posed by climate change, federal administrators have worked to adapt its text to deal with greenhouse gasses and carbon emissions. Global warming, though, is not the only context in which the Clean Air Act (CAA) can be used in ways not originally intended. Although not meant as an urban planning law, the CAA’s Trans­portation Control Plans (TCPs) offer an opportunity to promote smarter growth and sustainable cities on a national scale.

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Captive Callers: How Regulators Can Address Paradoxical Pricing in the ICS Industry After GLOBAL*TEL LINK

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Taggart R. Mosholder*

In my 16 years as a regulator, this is the clearest, most egregious case of market failure I have seen. Instead of getting better, rates and fees for consumers are more onerous. Thus, it is imperative for us to move quickly to adopt an Order for total reform.
— Former FCC Commissioner Mignon Clyburn

I. Introduction

Inmate Communication Services (ICS) are telephone services provided to correctional facilities in the United States for use by inmates. In 2013, the Federal Communications Commission (FCC) set per-minute rate caps on interstate phone rates for ICS nationwide. Whether the FCC had this authority was not seriously in dispute. But in 2015, the FCC issued another order (the “2015 Order”) that was a vast, if not unprecedented, expansion of its previously asserted authority. Continue reading “Captive Callers: How Regulators Can Address Paradoxical Pricing in the ICS Industry After GLOBAL*TEL LINK”

Fighting Fines & Fees: Borrowing From Consumer Law to Combat Criminal Justice Debt Abuses, by Neil L. Sobol

Although media and academic sources often describe mass incarceration as the primary challenge facing the American criminal justice system, the imposition of criminal justice debt may be a more pervasive problem. On March 14, 2016, the Department of Justice (DOJ) requested that state chief justices forward a letter to all judges in their jurisdictions describing the constitutional violations associated with the illegal assessment and enforcement of fines and fees. The DOJ’s concerns include the incarceration of indigent individuals without determining whether the failure to pay is willful and the use of bail practices that result in impoverished defendants remaining in jail merely because they are unable to afford bail.

 

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Supercharged IPOs and the Up-C, by Gladriel Shobe

The “supercharged IPO,” a new and increasingly popular financial transaction, has fundamentally changed the nature of IPOs for many companies. Traditionally, an IPO was a tax nonevent for the company and the owners, meaning it created no tax liability for either. Through creative but questionable tax planning, companies have found a way to do better than this by effectively generating a negative tax liability for the company and its owners. These transactions have received substantial attention from practicing lawyers, investment bankers, and journalists, and even briefly caught the attention of Congress, yet they have attracted surprisingly little scrutiny from scholars. The attention they have received has failed to consider the different types of supercharged IPOs, resulting in misguided analyses and conclusions regarding these transactions. This Article examines the costs and benefits of the different types of supercharged IPOs to show that some of these transactions have greater tax benefits than scholars have realized. It places a particular emphasis on the Up-C, a structure with the greatest tax benefits, which scholars have overlooked even though it is by far the most common, and increasingly popular, form of supercharged IPO. A closer examination of the Up-C reveals that this structure produces tax benefits that are not justified by the regulations that supposedly allow them.

 

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The Law and Policy of People Analytics, by Matthew T. Bodie et al.

Recently, leading technology companies such as Google and IBM have started experimenting with “people analytics,” a new data-driven approach to human resources management. People analytics is just one example of the phenomenon of “big data,” in which analyses of huge sets of quantitative information are used to guide a variety of decisions. Applying big data to workplace situations could lead to more effective work outcomes, as in Moneyball, where the Oakland A’s baseball franchise used statistics to assemble a winning team on a shoestring budget. People analytics is the name given to this new approach to personnel management on a wider scale.

 

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The Law Review Article, by Pierre Schlag

What is a law review article? Does America know? How might we help America in this regard? Here, we approach the first question on the bias: As we have found, a growing body of learning and empirical evidence shows that genres are not merely forms, but forms that anticipate their substance. In this Article, then, we try to capture this action by undertaking the first and only comprehensive “performative study” of the genre of the law review article.

 

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