Events & Announcements

Emerging Scholar Award: Exclusive Spring Opportunity for Publication in Volume 92

The Denver University Law Review is pleased to announce the Emerging Scholar Award. This exclusive opportunity is for all scholars who have received their J.D. as of March 1, 2014 and have not yet accepted a tenure-track teaching position nor held a full-time teaching position for more than three years. The selected recipient will receive an award of $500 and publication in Issue 1, Volume 92, scheduled for early 2015.

We will accept submissions for the Emerging Scholar Award from March 24, 2014, until March 31, 2014. Our Articles Committee will review all submitted articles and respond to authors by April 14, 2014. Please click here to view submission details.

Volume 92 Board of Editors Announced

Denver University Law Review is excited to announce the Volume 92 Board of Editors.  Please join us in congratulating them in this accomplishment and supporting them in continuing the fine tradition of the Denver University Law Review. Please click here to view the masthead.


Revisiting Sex: Gender & Sex Discrimination Fifty Years After the Civil Rights Act

On January 31 and February 1, 2014,  the Denver University Law Review will present its annual symposium: “Revisiting Sex: Gender & Sex Discrimination Fifty Years After the Civil Rights Act.” The Civil Rights Act of 1964 represents one of the most significant milestones of the twentieth century. Title VII of the Civil Rights Act protects individuals against employment discrimination on the bases of race, color, national origin, sex, and religion.

The Symposium will explore the meaning of “sex” under Title VII, present the role gender plays in the workplace, and review the shortcomings of the fifty-year-old Title VII framework. Panel topics include Caregiving in 2014; Intersectionalities; Access to Work, Pay Inequality, and Discrimination; Sexuality and Gender Issues; and Biases in Litigation and Amongst the Judiciary.

All are welcome, and CLE credit will be available.

For more information about the Symposium, please visit our Revisiting Sex page.

The final agenda for the Symposium is available for download here.

For any other questions, please contact LaLonnie Villa-Martinez.


DULR Online Presents the JOBS Act Issue

DULR Online is proud to present its JOBS Act Issue. This issue features eight student articles covering different aspects of the Jumpstart Our Business Startups Act, the landmark legislation passed by Congress in 2012 "[t]o increase American job creation and economic growth by improving access to the public capital markets for emerging growth companies." The JOBS Act Issue represents a unique collaboration between the Denver University Law Review, DULR Online, and Professor J. Robert Brown, Jr. Please explore the full issue here.

DU Community Outreach: Student Leaders Develop Program to Connect Diverse High School Students to the Law

On April 20, 2013, the University of Denver Sturm College of Law will host forty-five high school students to participate in Spring Training for Youth and Legal Education (STYLE). STYLE was developed by student leaders of diversity programs at DU Law to connect high school students with the legal profession. The program targets high school students who would not normally have access to the legal community because of their socioeconomic background. The students were nominated by a teacher, counselor, or other community member based on level of motivation and promise. STYLE will introduce the nominated high school students to diverse legal professionals and law students. Students will engage in seminar discussions and participate in a mock trial. The DU Law Review will post select STYLE articles in April.
Subscriptions and Submissions

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

For the guidelines on how to submit an article to Denver University Law Review, please click here. If you would like to submit a shorter piece to DULR Online, please contact the Online Editor, Jonathan Coppom, at jcoppom15@law.du.edu.

Sunday
Apr132014

Coats v. DISH: A Chance to Clear the Legal Haze Surrounding Medical Marijuana

[PDF]

John Campbell†

SECTION 1. Introduction

This article examines the history of medical marijuana in Colorado, the current state of the law, and the case of Coats v. Dish Network, L.L.C.[1]—a case that marks the first time the Colorado Supreme Court will weigh in on medical marijuana.

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Friday
Apr112014

The Role of an Attorney in Society: A Higher Calling

[PDF]

Hon. Christopher C. Cross†

“The first thing we do, let’s kill all the lawyers.”[1] Dick, “the Butcher,” says this to the traitorous Jack Cade in Shakespeare’s Henry VI, as his idea of how to begin an overthrow of the government. This often misapplied quote, in reality, is a statement underscoring the importance of lawyers in our society. Society, like a quilt, is made up of many pieces. I submit that lawyers are not just another square on the societal quilt; their importance is that they are the stitching holding the pieces of that quilt together. 

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Thursday
Apr102014

Striking Jurors Based on Sexual Orientation is Discriminatory

[PDF]

Anna N. Martinez†

A recent decision from the Ninth Circuit Court of Appeals holds, for the first time, that the Equal Protection Clause of the Constitution prohibits a litigant from exercising peremptory strikes based on sexual orientation.

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Saturday
Apr052014

Abandoned and Unfinished Residential Properties in America and Europe: Comparative Strategies for Removal and Prevention

[PDF]

Jan G. Laitos†

Rachel Martin*

I.          Introduction

The phenomenon of abandoned or failed real estate developments, sometimes referred to as “zombie subdivisions” in America, and “ghost developments or estates” in Europe, arose as a result of the real estate market disintegration after 2008.[1] At the height of the American and European housing boom, developers sought to capitalize on what appeared to be an unstoppable market. Residential developments emerged at an incredible pace. However, local governments, banks, and developers overestimated the future demand for all of this new housing, and the market eventually collapsed between 2008 and 2009.[2] Developers ran out of funds and were unable to finish their projects, resulting in incomplete or abandoned zombie or ghost properties in parts of America and Europe.

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Saturday
Apr052014

The Incongruous Relationship Between Federal Rule of Evidence 407 and the Restatement (Third) of Torts Products Liability Elements of Proof

[PDF]

Arthur Best

W. Matthew Pierce

This essay explores an important issue in product-liability design-defect cases: proof of a feasible alternative design. The Restatement (Third) of Torts[1] requires a plaintiff to prove the existence of a feasible alternative design, which is a more demanding requirement than many states now impose. But it recommends this requirement without considering the well-known evidence rule that limits evidence of subsequent remedial measures. Because a defendant manufacturer’s own adoption of a new and safer design (a subsequent remedial measure) would be the most accessible and most persuasive evidence of a feasible alternative design, jurisdictions considering adoption of the Restatement (Third) requirement ought to evaluate how it relates to the evidence rule about subsequent remedial measures. This essay offers a concise overview of the problem, briefly reviews proposed solutions, and suggests an additional legal tool to balance the parties’ interests.

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Friday
Mar212014

Your Place or Mine?: The Burden of Proving Collectibility of an Underlying Judgment in a Legal Malpractice Action

[PDF]

Michael P. Cross, Esq.

Nicole M. Quintana, Esq.

INTRODUCTION

While burdens of proof at trial do not necessarily equate to the awkwardness of a come-on during a date, the question “your place or mine” is still relevant to both, at least in Colorado. This article examines the seemingly unanswered question lingering in Colorado law as to whether a legal malpractice plaintiff bears the burden of proving collectibility of an underlying judgment in order to establish a prima facie case or whether a defendant bears the burden of proving collectability as an affirmative defense. Is it your place to prove it or mine?

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Saturday
Feb152014

Life Insurance: A Tax Planning Tool to Ensure that the Wealthy Retain Their Wealth

[PDF]

Nick Denzer

Despite the rhetoric that the estate tax is an unfair tax burden on the American people, in reality the estate tax only affects .14% of Americans.[1] Furthermore, for those individuals who have a taxable estate, the average tax rate is only 16.6%, which is well below the highest estate tax rate of 40% for 2014.[2] For 2013, the estimate for total revenue generated through the estate tax is only $14.2 billion.[3]

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Thursday
Jan232014

A Practitioner’s Guide to the Promissory Note Requirement in C.R.C.P. 121, Section 1-14(f)

[PDF]

Forrest Plesko†

Introduction

Colorado district courts receive a nearly constant stream of motions for default judgment. Under the Colorado Rules of Civil Procedure, Rule 55 provides the authority for entering a default judgment, while Rule 121, section 1-14 provides the requirements for filing it. Practitioners typically comply with all the requirements[1] under Rule 121, section 1-14, except one: submission of the original promissory note.

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Saturday
Nov162013

It Became Necessary to Destroy Marriage in Order to Defend It

[PDF]

June Carbone†

Deidre Bowen’s article, All that Heaven Will Allow: A Statistical Analysis of the Co-existence of Same Sex Marriage and Gay Matrimonial Bans,[1] simultaneously offers two things. First, she presents an empirical analysis that can be summarized as “defense of marriage—you must be kidding.” As she points out, when states claim to be defending marriage by banning same-sex marriage, they distract attention from the forces genuinely undermining family stability. Second, she provides a profound, unsettling and not quite fully developed set of implications that can be stated as “leave family law to the states—you really must be out of your mind.” The two aspects of her piece—the irrelevance of the purported defense of marriage and the role of the states in making things worse—are intricately linked.

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Saturday
Nov022013

Windsor’s Purgatory: State DOMA’s Can’t Stabilize Straight Marriages, but They Can Still Prevent Gay Marriage

[PDF]

Deirdre M. Bowen†

Introduction

Gareth used to prefer funerals to weddings. He said it was easier to get enthusiastic about a ceremony one had an outside chance of eventually being involved in. –from Four Weddings and a Funeral (1994).[1]

The United States Supreme Court recently struck down § 3 of the Defense of Marriage Act (DOMA).[2] The case rose on appeal from the Second Circuit, which determined that the statute contained an unconstitutional provision.[3] While the Supreme Court affirmed the lower court’s ruling, its analysis focused more on the animus behind DOMA’s enactment.[4] In doing so, it opened the door wide for state DOMAs to come under constitutional attack.[5] Supporters of DOMA consistently assert that DOMA is needed to protect our society—to strengthen and protect traditional marriage, the cornerstone of civilization.[6] In other words, banning same-sex marriage protects “traditional” marriage. But do DOMAs really protect the institution of marriage?

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