Events & Announcements

Vol. 95 Emerging Scholar Award: Request for Submissions

The Denver Law Review is pleased to announce the 2017 Emerging Scholar Award. This exclusive publication opportunity is open to all scholars who (1) have received their J.D. as of March 1, 2017, (2) have not yet accepted a tenure-track teaching position, and (3) have not held a full-time teaching position for more than three years.

The selected recipient will receive an award of $500, and the Denver Law Review will publish the winning entry in Issue 1, Volume 95, scheduled for early 2018.

Click here for more information.


2017 Symposium – Justice Reinvestment: The Solution to Mass Incarceration?

Feb. 2 & 3, 2017 - Justice Reinvestment: The Solution to Mass Incarceration? The Denver Law Review presents its annual symposium on whether justice reinvestment initiatives are effective tools to end mass incarceration.

Registration is now open. Pending up to 14 CLEs.


Denver Law Review Announces 2016 Emerging Scholar Award Winner

The Denver Law Review is pleased to announce that it has selected Adam Feldman, a Ph.D. student at the University of Southern California, for the 2016 Emerging Scholar Award.

Click here for more information.


DLR Online Proudly Presents a Special Issue, Navigating the Nuance: Pressing Issues in M&A Law and Practice

DLR Online's new special issue, Navigating the Nuance: Pressing Issues in M&A Law and Practice, features eleven student articles covering recent topics in mergers and acquisitions. This is the first collaboration between the Denver Law Review, DLR Online, and Professor Michael R. Siebecker. 
 
Prior special issues from the DLR Online can be found here.

DLR Online Proudly Presents a Special Issue: The Shareholder Proposal Rule and the SEC

DLR Online's new special issue, The Shareholder Proposal Rule and the SEC, features eleven student articles covering Rule 14a-8, the epicenter of the shareholder rights movement. The issue represents the continued collaboration between the Denver Law Review, DLR Online, and Professor J. Robert Brown, Jr. 
 
Explore a thoughtful introduction to the issue by Professor Brown. Prior special issues from the DLR Online can be found here.

DLR Online Proudly Presents a Special Issue 

Taking it to the Next Level: Your Course, Your Program, Your Career

DLR Online's new special issue, Taking it to the Next Level: Your Course, Your Program, Your Career, features three articles by legal writing Professors who share their experiences in the classroom.

 


Vol. 94 Emerging Scholar Award: Request for Submissions

The Denver Law Review is pleased to announce the 2016 Emerging Scholar Award. This exclusive publication opportunity is open to all scholars who (1) have received their J.D. as of March 1, 2016, (2) have not yet accepted a tenure-track teaching position, and (3) have not held a full-time teaching position for more than three years.

The selected recipient will receive an award of $500, and the Denver Law Review will publish the winning entry in Issue 1, Volume 94, scheduled for early 2017.

Click here for more information.


We've Changed Our Name!

The Denver University Law Review is now the Denver Law Review, and the DULR Online is now DLR Online.


Volume 93 Staff Announced

The Denver Law Review is excited to announce the Volume 93 Staff. Please join us in congratulating them in this accomplishment and supporting them in continuing the fine tradition of the Denver Law Review. Please click here to view the masthead.

Please click here to view the photo masthead.


Denver Law Review Announces Emerging Scholar Award

The Denver Law Review is pleased to announce that it has selected Kate Sablosky Elengold, Practitioner-in-Residence at American University's Washington College of Law, for the Emerging Scholar Award of Volume 93.

Click here for more information!


 

Subscriptions and Submissions

For information on how to subscribe to the Denver Law Review, please click here.

For the guidelines on how to submit an article to the Denver Law Review, please click here.

DLR Online

The online supplement to the Denver Law Review

Wednesday
Mar222017

Department of Labor Fiduciary Rule – Expansion of Fiduciary Duties

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Paul L. Vorndran

The U.S. Department of Labor (DOL) has expanded the “investment advice fiduciary” definition under the Employee Retirement Income Security Act of 1974. On April 6, 2016, the DOL issued its final rule (Fiduciary Rule) imposing fiduciary duties upon those who provide investment advice for compensation—direct or indirect—as to the purchase or sale of securities or other investments within a plan or individual retirement account qualified under the Employee Retirement Income Security Act of 1974. According to the Executive Summary, the Fiduciary Rule “aims to require advisers and their firms to give advice that is in the best interest of their customers, without prohibiting common compensation arrangements under conditions designed to ensure the adviser is acting in accordance with fiduciary norms and basic standards of fair dealing.” Further, according to the Executive Summary, the DOL concluded (after a multi-year study that began in 2009) that IRA holders receiving conflicted investment advice may see their investments underperform by an average of 0.5 to 1% per year. This could result in a cost to IRA investors between $95 billion and $189 billion over the next 10 years in the mutual fund segment alone.

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Tuesday
Mar072017

Colorado’s Condo Market: The Fight Over Mandatory Arbitration

[PDF]

Cory J. Wroblewski

Colorado's condominium (condo) market has been stagnant for nearly a decade, and the Colorado Common Interest Ownership Act (CCIOA) is largely to blame. Developers are weary of expensive, and often frivolous, lawsuits. To lure builders back to Colorado, lawmakers should amend the CCIOA to allow for arbitration of a construction defect claim regardless of whether the association later amends the governing documents. However, the legislature should protect the unit owners by mandating that the arbitrator is a neutral third party. This short article will explain the current state of affordable housing in Colorado, explore a relevant Colorado Court of Appeals decision, analyze the shortfalls of the CCIOA, and propose legislative action.

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Monday
Mar062017

United States v. Lilly: Fundamental Unfairness

[PDF]

Hannah Fikar

Both federal and state governments have a vested interest in prosecuting individuals who commit crimes. The justice system allows the government to hold these individuals accountable for their actions and repay a debt owed to society. To achieve this result, the government may secure a conviction with the testimony of individuals who witnessed a defendant's criminal act. These prosecution witnesses interact with the justice system through prosecutors and also through law enforcement.

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Thursday
Mar022017

More Than Meats the Eye: An Argument for a Comparative Energy Meat Label

[PDF]

Tyler Nemkov

As the need to promote energy efficiency grows more urgent, there is still a dearth of solutions concerning the energy used in the United States' food system. Considering that an estimated fifteen percent of the United States' energy usage comes from food, any comprehensive plan to encourage efficient energy use must consider how the country's food is created and transported. On an international scale, food systems consume thirty percent of the energy available and produce about twenty percent of the greenhouse gases created in the world. The discrepancy between the energy usage used for food consumed in the United States and internationally may exist because Americans spend a smaller percentage of their incomes on food than citizens of any other country in the world.

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Thursday
Feb232017

(Digital) Trespass: What’s Old is New Again

[PDF]

Hannah L. Cook

A digital trespass theory of Fourth Amendment searches is necessary to maintain the relevance of the Supreme Court's decision in United States v. Jones. At the time the Fourth Amendment was written, if a government official wanted to track a suspect, he needed to physically follow the suspect around to learn his whereabouts. If he wanted to read a suspect's correspondence, he needed to enter the suspect's home or office and take the physical letter. If he wanted to listen to a suspect's conversation, he needed to hide under an open window or find an informant. In 2017, these tactics are no longer necessary—we use electronics to travel, write, and speak with one another. Unfortunately, these devices can betray us without any physical interaction with law enforcement, potentially confounding a Fourth Amendment whose authors never imagined law enforcement conducting a remote search and eviscerating the progress made in Jones.

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Wednesday
Feb222017

At the Governor’s Table: The Case for the Nonprofit Cabinet Member

[PDF]

Erik Estrada

What makes America great? Chief among the many reasons is its nonprofit sector. Philanthropic organizations in America, including 501(c)(3)-public charities, educate millions of students every year, help advance important scientific research, address the health care needs of millions of patients, and help America's communities become vibrant social centers through the promotion of arts and culture. Without the nonprofit sector, many of the museums, universities, hospitals, and countless other institutions that Americans revere and rely upon would not exist.

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Friday
Feb172017

Federal Lands Under the Trump Administration

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Thomas Gerwick

While newly inaugurated President Donald Trump has yet to put forth his plan for energy development on federally owned lands, he has expressed his desire to "open up federal lands to more energy development." President Trump also indicated that he plans on lifting the coal moratorium and "remove regulations that the energy industry says can delay projects." On January 30, 2017, President Trump issued an executive order indirectly impacting energy regulations, promulgating a rule that for every new regulation imposed, two must be eliminated. President Trump's nominee for Secretary of the Interior, Ryan Zinke, offers insight into the future of energy development on public lands. While Zinke appears to believe in protecting national parks and monuments, his commitment to deregulation may incentivize the energy industry to take advantage of the considerable resources underlying public lands.

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Monday
Feb132017

The Geography of Cruel and Unusual Punishment

[PDF]

Jeffrey Wermer

On January 9, 2017, Beth McCann, the newly elected district attorney for the City and County of Denver, announced she would not seek the death penalty against criminal defendants in her jurisdiction, stating: "I don't think that the state should be in the business of killing people." To McCann, life imprisonment without the possibility of parole achieves better punitive, deterrent, and economic results than the death penalty. In addition to not seeking the death penalty in Denver County as a matter of policy, she stated that she would support a statewide repeal of the death penalty either by popular vote or by the Colorado legislature.

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Friday
Feb102017

An Initial Look at House Bill 17-1053—Warrant or Order for Electronic Communications

[PDF]

Joel L. Hamner

On January 11, 2017, the first regular session of the 71st Colorado General Assembly convened. Among the many bills proposed was House Bill 17-1053, a bill for an act Concerning Orders For Electronic Communications. The bill—currently under consideration by the House Judiciary Committee—sets out to establish a warrant requirement for all government entities seeking electronic communication information from service providers.

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Monday
Feb062017

Bank of Markazi v. Peterson: The Erosion of Separation of Powers

[PDF]

Alexandra Valls

The separation of powers doctrine results from the three-branch system created by the Constitution. The Constitution bestows upon each branch its own sphere of power and creates a system of "checks and balances" between branches. This doctrine is also derived from historical analysis and the intent of the Framers; the colonies experiences with legislatures performing what is now traditionally recognized as judicial roles "figur[ed] prominently in the Framer's decision to devise a system [which] secur[es] liberty through the division of power." Furthermore, in Marbury v. Madison, Justice Marshall declared Article III of the Constitution establishes an independent judiciary whose "province and duty is . . . to say what the law is."

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