Events & Announcements

Symposium

February 4 & 5, 2016 - Future World IP: Legal Responses to the Tech Revolution. The Denver Law Review will be presenting its annual symposium this coming year on the role of intellectual property law in bringing new technologies to fruition and to the market.

We are pleased to announce the Mabel Y. Hughes Charitable Trust as the Platinum Sponsor of the Denver Law Review 2016 symposium.

We are further pleased that Molly Kocialski, USPTO Regional Director, and the Honorable Nina Wang of the U.S. District Court for the District of Colorado will be our featured speakers on Friday, February 5!

REGISTER HERE


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.


DLR Online Proudly Presents a Special Issue: The Direction of Delaware Law

DLR Online's new special issue, The Direction of Delaware Law, features six student articles covering a variety of changes taking place regarding corporate law in Delaware.  The issue represents the continued collaboration between the Denver Law Review, DLR Online, and Professor J. Robert Brown, Jr. 
 
Please explore the full issue here, including a thoughtful introduction to the issue by Professor Brown.
Prior special issues from the DLR Online can be found here.

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.

Friday
Nov062015

“LIVING” TRUSTS: THE EROSION OF PLAIN MEANING AND THE PRIMACY OF THE SETTLOR’S INTENT

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Aaron J. Lyttle

Two dogmas pervade the interpretation and administration of trusts. According to the first dogma, the paramount consideration in interpreting a trust is to carry out the settlor’s intent. The second dogma treats a trust like a contract, importing a range of rules from the common law of contacts, including, most importantly, the plain meaning rule. Although briefs and court opinions routinely invoke them as a matter of ritual, both doctrines have declined in importance. Beneficiaries and their lawyers, aided by innovative trust laws, have found a variety of ways to wrest control over irrevocable trusts, whether through liberal interpretation, reformation, or modification procedures. Often, there is no one with the time and incentive to represent the settlor’s intent. This may be the inevitable result of a tendency to extend trusts for increasingly long periods of time (even, in some jurisdictions, beyond the duration of the Rule Against Perpetuities).

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Wednesday
Nov042015

TOWARD PLANNING 2.0: THE NEW LANDSCAPE OF BLM PLANNING

[PDF]

Rebecca W. Watson and Joshua B. Cannon

Yogi Berra has been quoted as saying, “If you don’t know where you’re going, you might not get there.” This sentiment aptly describes the activities of the Bureau of Land Management (BLM or the Bureau) prior to 1976. Congress may have shared this sentiment when it enacted the Federal Land Policy and Management Act of 1976 (FLPMA or the Act), which required the BLM to manage the vast lands in its charge according to resource management plans (RMP). RMPs act as roadmaps, guiding management decisions for specific geographic areas toward the broad objectives set forth in FLPMA. Historically, RMPs have been developed at a district or field office level. Increasingly, however, BLM has been moving in the direction of landscape-level management and now appears ready to revamp the process by which it develops its RMPs. BLM is calling the initiative to overhaul the resource management planning process “Planning 2.0.” This paper examines the shift toward landscape-level planning and management and discusses some of the more significant ways this change from local planning to regional or national planning and management may affect stakeholders in public lands.

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Wednesday
Nov042015

COMMERCIAL OPTIONS: NOW SUBJECT TO REVISION BY THE COURTS?

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Lucy A. Marsh

In a recent decision involving a $21 million dispute over an option for mineral rights, the Colorado Supreme Court, in extensive dicta, seemed to signal a major shift in the law that will apply to commercial options. The shift appears to be toward a “flexible” approach in which the court, not the parties or the law existing at the time of the option, will determine how long any commercial option involving land or minerals will be allowed to continue.

A description of the case, the difficulties that might be expected from the new approach, and a suggestion for a more workable solution follow.

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Thursday
Sep102015

MARRIED TO THE PAST: THE HIDDEN SPOUSAL-RAPE EXCEPTION (AND OTHER ABSURDITIES) IN COLORADO’S SEXUALLY VIOLENT PREDATOR STATUTE

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Jonathan C. Coppom

Colorado is unique among the states of the nation and not just for its soaring peaks, excellent snow, and fit population. Colorado is unique in its approach to determining who qualifies as a sexually violent predator (SVP) for the purposes of the state’s sex offender program.  Colorado Revised Statutes section 18-3-414.5 defines a SVP as one who, among other things, targets a victim who “was a stranger to the offender or a person with whom the offender established or promoted a relationship primarily for the purpose of sexual victimization” (the Relationship Provision). This emphasis on the relationship between the offender and the victim is uncommon across the nation; indeed, it is only found in one other state, North Carolina. In contrast, most states that designate offenders as SVPs do so only if the offender is psychologically predisposed to offending again in the future and has committed a specific type of crime.

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Wednesday
Aug122015

Entek GRB, LLC v. Stull Ranches, LLC: Upholding the Dominance of the Mineral Estate

[PDF]

Tyson Welch*

INTRODUCTION

Entek GRB, LLC v. Stull Ranches, LLC addressed a common dispute in the western United States—a dispute between the surface owner and the mineral owner of a severed estate. As Judge Gorsuch articulated in Entek: “When you own property in the West you don't always own everything from the surface to the center of the Earth. Someone else might own the minerals lying underground and the right to access them. Someone else still might own the right to use the water flowing through your property. All this can invite confusion—and litigation.

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Wednesday
Aug122015

MISSING THE VALUE OF CLINICAL LEGAL EDUCATION

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Tamara L. Kuennen

As a law professor teaching an in-house law clinic, I am acutely aware of the argument that in this time of economic hardship for law schools, clinical legal education is too expensive. This argument is the subject of Pricing Clinical Legal Education, in which Professor Robert Kuehn observes that while clinical education is widely perceived to drive up the cost of student tuition, there has never been any verification that this is the case. Using empirical data certified by law schools, Kuehn persuasively demonstrates that there is no relationship between increasing clinical legal education opportunities for students and increased student tuition. These data lead Kuehn to the conclusion that it is not the cost, but the will, of law school administrators and faculty that prohibits the guarantee of clinical opportunities to all students. In this Comment I discuss why I am persuaded by Kuehn’s argument and share my firsthand experience of the targeting of clinical legal education as too expensive.

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Thursday
Jun112015

CURRENT TOPICS IN COLORADO’S REGULATORY LANDSCAPE

[PDF]

John Jennings

Economic regulation in the United States dates back to the late 1800s, and the landscape continues to evolve today.  Recent U.S. Supreme Court cases have addressed federal government regulation in areas such as product labeling, telecommunications, and healthcare.  In Colorado, several current topics center on regulation and the interplay between state and local government.  This article will describe the Colorado state regulatory process and highlight two areas of national interest—marijuana and oil and gas—playing out in our state.  Lawyers practicing in these areas will be familiar with the industries, government agencies, and trends discussed below.

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Thursday
Jun112015

A REFLECTION ON PRICING LEGAL CLINICAL EDUCATION

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By Jeremy Speckhals

Kuehn’s piece entitled Pricing Legal Education has a very clear message: law schools should be able to increase clinical legal education opportunities for law students without an accompanying increase in tuition. Furthermore, a school’s ability to provide a clinical legal educational experience is more a question of will than of cost, Kuehn concludes. However, while Kuehn’s piece provides an excellent bird’s eye view of the overall picture of clinical legal education in today’s law schools and its relation to tuition, the piece ignores two important realities. First, the piece overlooks that clinical legal education comes in many different forms and that each form of clinical legal education has a different cost. Second, the piece ignores the reality that while it might be true that law schools overall might be able to offer more clinical legal education opportunities for law students without increasing tuition, any one individual law school will have to make some sacrifices or changes in order for Kuehn’s prediction to be a reality. By ignoring this reality, Kuehn overlooks the possibility that instituting more clinical legal education might not be as easy as Kuehn suggests.

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Friday
May152015

RETHINKING HAMON CONTRACTORS, INC. V. CARTER & BURGESS, INC. TO CLARIFY APPLICATION OF COLORADO’S ECONOMIC LOSS RULE TO POST-CONTRACTUAL FRAUD CLAIMS

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By Joel Fulton

Through recent decisions, Colorado courts have expanded the economic loss rule. These decisions have applied the rule to bar post-contractual fraud claims by relying on the implied contractual duty of good faith and fair dealing. This expansion does not serve the policy interests underlying the rule and goes beyond the scope of the rule. Therefore, the Colorado Supreme Court should rethink the application of the economic loss rule to post-contractual intentional torts such as fraud.  

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Thursday
May072015

ON THE ETHICAL USE OF PRIVATE INVESTIGATORS

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Forrest Plesko, Esq.

As a civil litigation attorney practicing primarily insurance defense, I have often retained the services of private investigators. Sometimes their services make a significant difference in the outcome of a case. A few years ago, for example, one plaintiff stated in an interrogatory answer that the activity he would miss most as the result of his alleged injury was the ability to wash and wax a classic car he had restored over the years. Suspicious of his claims, I sent an investigator to take a few hours of video of him.

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