Transportation Deregulation (1976-1984)

It is the purpose of this article to explore the social, economic and legal consequences of deregulation during its phase of transition, with emphasis on the application of economic principles to hard data obtained from industry, labor and government sources

Legal and Medical Education Compared: Is it Time for a Flexner Report on Legal Education

The purpose of this Article is to explore the common elements of legal and medical education and to compare the reform movements in each profession, with a view toward finding an explanation for the widely differing conditions that exist today in the education of each profession. For example, why is it that medical education can provide facilities and training costing up to ten times that provided law students? Why do medical schools receive outside financial support paying up to 95% of the costs of medical education while law schools are supported primarily by tuition and fees? Why do medical students enjoy a faculty-student ratio of one to three while law students suffer under a ratio of one to twenty, or worse? Why do medical students receive considerably more skills training than lawyers? And finally, why do graduates of medical schools enjoy significantly higher incomes than law school graduates

The Electoral College and the Constitution : The Case for Preserving Federalism

This study examines how the Electoral College actually works, how it is supposed to work, and how it might be reformed. Robert Hardaway first looks at the Constitutional Convention, the Twelfth Amendment, and historical elections where the Electoral College has come into play, providing the historical background to the present-day College

Saving the Electoral College: Why the National Popular Vote Would Undermine Democracy

Ever since the Founding Fathers created the Electoral College, Congress has tried to overturn it. The latest attempt is taking place not in Congress, but in state legislatures around the country, where a well-financed campaign by a private California group calling itself National Popular Vote (NPV) is proposing an interstate compact to circumvent the process for amending the U.S. Constitution. If adopted by states representing a majority of electoral votes, the signatory states would bind themselves to ignore the popular votes within their respective states, and instead allocate their electoral votes to the candidate whom the media proclaimed to be the national popular vote winner. In this new history of the Electoral College, law professor Robert M. Hardaway lays bare the constitutional loopholes that have allowed this movement to succeed in states representing approximately half the electoral votes necessary to purportedly bind those states to ignore the popular vote of the people within their respective states. The presentation of the information in this book to state legislatures considering the compact, resulted in complete reversal of preconceived perceptions about how presidential elections should be conducted

Of Cabbages and Cabotage: The Case for Opening up the U.S. Airline Industry to International Competition

This article attempts to show that the economic advantages of free trade in the airline industry is no less than other industries, but also that the reasons posited for the rejection of free trade do not stand up to comprehensive analysis. Proposed herein is the adoption of cabotage, defined by the Standard Dictionary of the English language as air transport of passengers and goods within the same national territory. \u27 The definition adopted by International Civil Aviation Organization (ICAO) at the Chicago Convention is, Each state shall have the right to refuse permission to the aircraft of other contracting states to take on its territory passengers, mail, and cargo destined for another point within its territory. \u27 Current international agreements, often misleadingly described as open skies agreements, provide only for reciprocal rights of U.S. and foreign governments to share international routes. Under such an agreement a carrier is permitted to carry passengers from country X to city A in country Y, and to carry some of those same passengers from city A to city B in country Y. These agreements do not permit a foreign carrier to pick up passengers in city A and carry them to city B. Part II briefly reviews the regulatory history of the U.S. domestic airline industry. Part III reviews the causes of the current trend to reconsolidation of the domestic airline industry, including the contribution of antitrust and bankruptcy policies. Part IV describes the current state of cabotage and examines the political and geopolitical reasons most often posited for resisting its adoption, including the resistance of labor-paradoxically the resistance of both domestic as well as foreign labor. Finally, part V applies basic economic principles to show that that adoption of cabotage would lower fares, increase productivity as well as the GNP of countries participating in cabotage agreements, foster competition, and achieve the goals set forth in the ADA

The Great American Housing Bubble : The Road to Collapse

In the aftermath of the American housing collapse in 2008, many ask why. The Great American Housing Bubble: The Road to Collapse asks a different and more fundamental question - how the bubble was created in the first place. To answer that question, it examines the causes, both political and economic, of the American housing bubble created between 1940 and 2007. Those causes encompass everything from federal income tax subsidies for housing to local exclusionary policies, banking, accounting, real estate appraisal, and credit agency rating practices and policies. The book also takes into account the impact of greed, government regulation, speculation, and psychology including blind faith in investment advisors on the creation of the greatest asset bubble in the economic history of the world. The author takes a comparative historical approach, examining the current crisis in the light of notorious bubbles of the past. In the end, he concludes that the events precipitating the most recent collapse can be traced, at least in part, not to too little government regulation, but to too much

Beyond a Conceivable Doubt: The Quest for a Fair and Constitutional Standard of Proof in Death Penalty Cases

The death penalty remains the most contentious issue in criminal law jurisprudence, and continues to be challenged on both constitutional and moral grounds. What is most remarkable about American death penalty jurisprudence is that it has traditionally focused on purely technical and procedural aspects of the imposition of the death penalty, despite the fact that the most vulnerable plank in the arsenal of death penalty defenders is evidence that innocent people have been, and will continue to be, executed. Perhaps no legal principle is more difficult to explain to the layman or first-year law student than that of all the panoply of technical, procedural, constitutional, and other legal grounds that may be set forth in appeals of death penalty cases, actual innocence is not one of them. The U.S. Supreme Court confirmed this to be a bedrock principle of American death penalty jurisprudence in Herrera v. Collins, in which the Court held that [c]laims of actual innocence based on newly discovered evidence have never been held to state a ground for federal habeas corpus relief absent an independent constitutional violation occurring in the underlying state criminal proceeding. Nevertheless, some commentators have found suggestions trending towards a new constitutional standard encompassing innocence in the concurring and dissenting opinions of five justices in Herrera who asserted that the execution of an innocent person did indeed raise constitutional issues. This included the concurring opinion of Justice O\u27Connor with Justice Kennedy joining, and the dissenting opinion of Justices Blackmun, Stevens, and Souter, who recognized an Eighth Amendment challenge to [the death penalty] on the ground that he is actually innocent, and further held that [e]xecution of the innocent is equally offensive to the Due Process Clause of the Fourteenth Amendment

Student Practice in Colorado

Both the University of Denver College of Law and the University of Colorado Law School have active student law clinics. Law students in these clinics receive academic credit for representing indigent clients under the supervision of a faculty member or staff attorney. Students in the two clinics are permitted to practice in the Colorado courts pursuant to one of the nation\u27s most liberal student practice rules