DLR Online Special Features

Please visit here for a list of special feature editions of the DLR Online.


Events & Announcements

Mar. 10, 2019 - The Denver Law Review will soon be accepting submissions for the 2019 Emerging Scholar Award. For details on the award including eligibility, award information, and submission instructions, please review this document. We look forward to reviewing all submissions!


Jan. 9, 2019 - The Denver Law Review is pleased to open registration for our 2019 Symposium, Driven by Data: Empirical Studies in Civil Litigation and Health Law. We have a top-class list of speakers for this year's symposium and we look forward to seeing you there! Register by following this link.


Apr. 4, 2018 - The Denver Law Review is currently accepting submissions for its Recent Developments in the Tenth Circuit issue. For details on the issue and submission instructions, please review this document. We look forward to reviewing all submissions!


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.

Sunday
Mar032019

2019 Symposium Note: Jury Decision Making Processes

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Rebecca Walker[*]

A question that weighs heavily on the minds of many lawyers is: what causes juries to make the decisions they do? A lively audience attended the Denver Law Review’s symposium, Driven by Data: Empirical Studies in Civil Litigation and Health Law for a panel discussion on the process of jury decision making, attempting to unravel that very question.

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Sunday
Mar032019

2019 Symposium Note: Panel 1

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Maeve Sullivan[*]

The Denver Law Review’s spring 2019 Symposium, titled Driven by Data, opened to a panel focused on research regarding jury instructions, individual juror decision-making, and methods of rooting out juror bias. The panel was moderated by Bernard Chao, Professor of Law and director of the Sturm College of Law’s intellectual property certificate program. The ensuing discussion involved topics such as the success rates of self-diagnosing biases, the justice system in New Zealand, and de-bunked assumptions about gender differences in jury decision-making.

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Sunday
Mar032019

2019 Symposium Note: The Health Care Insurance Market’s Moral Hazard Dilemma

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Chelsea Kelleher[*]

Both panelists, Chris Robertson and Charles Silver, focused on the concept of moral hazard as a main driver of the health care market’s exorbitant costs. The panel, Health Insurance Studies, was moderated by Professor Govind Persad, Associate Professor at the University of Denver, Sturm College of Law.

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Sunday
Mar032019

2019 Symposium Note: Are Apology Laws and Tort Reform Helping or Hurting?

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Elena Engel[*]

Addressing whether apology laws reduce medical malpractice liability risk, whether damages caps are effective, and whether other laws have an impact on medical malpractice, Professor Kip Viscusi began by stating that many years ago the debate about medical malpractice reform was much more ideological. Even though there have been more empirical studies, scholars still disagree about what to do with the results. This disagreement became apparent as the other panelists and audience members complicated the discussion.

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Sunday
Mar032019

To Have and to Hold: Teller County’s Commitment to ICE Despite Pike’s Peak Region’s Uncertainty

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Sarah Collins[*]

President Donald Trump has called on state and local law enforcement to help the Department of Homeland Security’s efforts to arrest and detain immigrants who are in the country without  lawful presence. Amongst the rhetoric floating throughout the United States, a Colorado county in the Pikes Peak Region has decided to stand in solidarity with the current administration on immigration. On January 6, 2018, the Teller County Sherriff entered into an agreement with Immigration and Customs Enforcement (ICE) to train two of its staff members to perform functions as ICE employees. The agreement, known as a 287(g) agreement, is currently the only of its kind in the state of Colorado. The agreement was signed despite pending litigation from the American Civil Liberties Union (ACLU) against Sheriff Mikesell for holding individuals at the request of ICE when they were otherwise eligible for release from criminal custody. The ACLU’s involvement in the region, the region’s history of 287(g) agreements, and pending state legislation addressing the topic, highlight the uncertainty with the permissible scope of cooperation between local law enforcement and federal immigration officials.

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Sunday
Mar032019

Heavyweight Privacy Battle: California Legislators vs. Tech & Telecom Giants

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Tyler Whitney[*]

California enacted legislation on June 28, 2018, that has been called “one of the most significant regulations overseeing the data-collection practices of technology companies in the United States” and “arguably the most far-reaching data protection law ever enacted in the United States.” The law in question is the California Consumer Privacy Act (CCPA). The passage of the CCPA was seen as a huge victory for privacy advocates because the law “makes it easier for consumers to sue companies for not adhering to [the law’s] privacy requirements,” and “it gives the [California] attorney general more authority to fine companies that don’t adhere to the new regulations.” The proposed legislation does not go into effect until January 1, 2020, and the eighteen-month gap following enactment has created opportunities for the bill’s opponents to try to water the bill down or lobby for federal legislation to preempt it and make it go away altogether. A representative for the Internet Association (which includes Google, Facebook, and Amazon) said that the new law contains many “problematic provisions,” and they will seek “to correct the inevitable, negative policy and compliance ramifications” the CCPA creates. Even legislators have said they expect “to pass ‘cleanup bills,’” which would fix “several errors and inconsistencies, as well as many vague provisions, presumably as the result of [the CCPA’s] hasty drafting.” One thing is for sure: the bill will require changes before going into effect. The question is who the driving force behind these changes will be. Privacy advocates or lobbyists for major tech and telecom corporations?

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Sunday
Mar032019

The First Step Act: Criminal Justice Reform at a Bipartisan Tipping Point

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Jonathan Feniak[*]

On December 21, 2018, President Donald J. Trump signed into law the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act or the FIRST STEP Act. Based on Congressional Budget Office estimates, thousands of prisoners would be immediately impacted by the retroactive provisions of the FIRST STEP Act and as many as 53,000 prisoners could be affected over the next ten years. The FIRST STEP Act was passed with broad bipartisan support and represents a significant departure from the “tough-on-crime” politics which have dominated the political discourse since President Lyndon B. Johnson, a Democrat, first pushed Congress to enact laws which institute harsher punishments and called for a larger law enforcement presence to combat “crime in the streets.” The broad bipartisan support the FIRST STEP Act garnered is the continuation of an ongoing state-level wave of criminal justice reforms[5] and may be the “tipping point” for additional federal and state criminal justice system reforms.

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Monday
Jan282019

The Imperative of State Drought Contingency Plans: The Fate of the Colorado River

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Dalen Porter

The future of over forty million people across seven states is inextricably linked to the fate of the Colorado River, which is facing an imminent threat to its sustainability. The Colorado River is the lifeline to most of the southwestern United States and northwestern Mexico, not only providing drinking water to major metropolitan cities, rural communities, and twenty-two Native American tribes but also nourishes 5.5 million acres of farmland, generates hydro-electricity, supports tourism revenue derived from National Parks, and provides habitats for a plethora of species, including many threatened and endangered species. The Colorado River basin has been experiencing a severe drought brought on by climate change since 2000, which is exacerbating the issue of ever-increasing overuse of its precious resource. Currently, the two main reservoirs of the Colorado River are at historic low levels with Lake Powell in Utah at forty-three percent capacity and Lake Mead in Nevada at an even more critical thirty-eight percent capacity. Thus, it is of paramount importance that the applicable states each approve their own Drought Contingency Plans (DCP) in order to bolster the levels of the reservoirs and prevent desolation of the reservoirs and the complete inhabitability and economic impracticability of the region.

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Thursday
Jan032019

Abolishing the ICEberg

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Allison Crennen-Dunlap[*]

2018 was a difficult year for many migrants and their allies. In February, the Supreme Court held that the Immigration and Nationality Act permits the seemingly indefinite detention of certain migrants in removal proceedings without a bond hearing. In April, then-Attorney General Jefferson Sessions announced a “zero tolerance” policy that created the highly visible family separation crisis—a crisis that culminated in the federal government offering a false dilemma between family separation and prolonged family detention. In June, the Court upheld President Trump’s travel ban because, despite significant evidence that the ban was part of “an unrelenting attack on the Muslim religion and its followers,” the Court found that the ban was “plausibly related to the Government’s stated objective.” In November, the Trump Administration announced an “asylum ban” that would prevent migrants from seeking asylum if they crossed the southern border at any location other than a port of entry, and in December the Department of Homeland Security (DHS) proclaimed that all migrants seeking asylum in the United States from México must remain in México while their claims are processed. To finish the year, President Trump demanded billions for a wall along the México-U.S. border, causing a good portion of the federal government to shut down. Meanwhile, Felipe Gómez Alonzo, an eight-year-old boy from Guatemala, died on Christmas Eve in the custody of Customs and Border Protection (CBP). He took his last breaths a few minutes before midnight and about two weeks after Jakelin Caal Maquin, a seven-year-old girl from Guatemala, also died in CBP custody.

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Tuesday
Nov062018

Breach Notification Laws in Colorado: A Potential Model for Other States

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Mitchol Dunham[*]

Data breaches are slowly becoming a fact of life. In August 2013, Yahoo’s databases were breached, leaking the information of three billion accounts. At least 868 data breaches occurred in 2017 alone, revealing the records of well over 200 million people. Just recently, on December 11th, 2017, news outlets began to pick up on a list of 1.4 billion passwords in plain text that was circulating the internet. The regularity and cost of these breaches has reignited the drive to reform the laws governing privacy, both on the national and state level.

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