Month: July 2014

  • What Do You Mean By That? Definitions in the Statutes

    by Julie Pelegrin

    When debating legislation or reading statutes, a person will sometimes wonder what a specific word means as it’s used in the bill or the law. A word may be defined in several places and in different ways within the Colorado Revised Statutes – or it may not be defined at all. Following are some tips for figuring out whether the words in a bill or statute mean what you think they mean. (more…)

  • When Is Public Employee Speech Protected By the First Amendment: Lane v. Franks – The Latest from the U.S. Supreme Court

    by Anshu Agarwal and Bart Miller

    On June 19, 2014, the U.S. Supreme Court held unanimously that government employees are protected under the First Amendment if they provide truthful sworn testimony that is outside of their regular job responsibilities. (more…)

  • Self-Driving Cars May Drive Legislation

    by Jery Payne

    Imagine that you get in your car, start the engine, and say “Take me to work.” Then, you begin reading the latest news while drinking your coffee. Thirty minutes later, you look up because the car is parking.

    Does that sound nice? (more…)

  • Legislative Prayer: An Established Tradition that Does Not Establish Religion

    by Julie Pelegrin

    The Establishment Clause within the First Amendment to the United States Constitution states that “Congress shall make no law respecting an establishment of religion…” Similarly, section 4 of article II of the Colorado Constitution states in part, “…Nor shall any preference be given by law to any religious denomination or mode of worship.” In many cases, the United States Supreme Court has interpreted the federal provision to require not only government neutrality as to religion, but also to require a separation between government and religion.

    But, each morning during the legislative session, the Speaker of the House and the President of the Senate ask everyone in their chambers to rise for the morning prayer. Over the years, leaders of a wide variety of religions have been invited to lead the prayer, including Catholics, Lutherans, Methodists, Baptists, Mennonites, Presbyterians, Nondenominational Christians, Jews, Hindus, Southern Utes, and Ute Mountain Utes. How can it be constitutional for the legislature to say a prayer every day before it begins working? (more…)