Events & Announcements

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.


Symposium

Thank you to our panelists and attendees for a great symposium!

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

The Mabel Y. Hughes Charitable Trust was the Platinum Sponsor of the Denver Law Review 2016 symposium.


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
Sep142016

HOW MUCH CAN DUMB PIPES KNOW? BMG V. COX AND WHY A KNOWLEDGE BAR TO DMCA SAFE HARBOR FOR INTERNET SERVICE PROVIDERS IS INAPPROPRIATE

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Erik Estrada, Caitlin Cronin, and Bill Gillespie

In November 2015, in BMG Rights Mgmt. (US) LLC v. Cox Commc'ns, Inc., the United States District Court for the Eastern District of Virginia announced a legal standard that if widely adopted would undo the tiered safe harbor protections afforded online service providers (OSPs) under the Digital Millennium Copyright Act (DMCA). These services have different functions, capabilities, and needs. Recognizing that one size does not fit all for OSPs, Title II of the DMCA (codified at 17 U.S.C. § 512) sets out different safe harbor qualifications for four different types of services: (1) transitory digital network communications (ISPs); (2) system caching (transitory storage); (3) information residing on systems or networks at direction of users (content hosts—websites, etc.); and (4) information location tools (search engines). However § 512 does require that at a minimum all OSPs "adopt[] and reasonably implement[], and inform[] subscribers and account holders of . . . a policy that provides for the termination in appropriate circumstances of subscribers and account holders . . . who are repeat infringers." Despite Congress"s intent to differentiate between the four services, the court in BMG v. Cox used the termination policy requirement to impute a standard from §§ 512(c) and (d)—a lack of actual knowledge—to §§ 512(a) and (b). Other courts should not adopt this standard for ISP termination policies but should apply a stricter standard when the service is just Internet access.

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Tuesday
Aug302016

IN RE TAM: TREATING TRADEMARKS AS EXPRESSIVE SPEECH

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Amy Deveraux

Simon Shiao Tam first sought to register the name of his band, The Slants, as a trademark in 2011. At the time, Mr. Tam was seeking to use his band's name to reclaim negative Asian stereotypes. However, the trademark examiner found that even though Mr. Tam was seeking to reappropriate the term, a substantial composite of people of Asian descent would find the stereotype offensive. So, the examiner refused to register the mark under the disparagement provision of section 2(a) of the Lanham Act. Mr. Tam appealed the examiner’s decision to the Trademark Trial and Appeal Board (TTAB), which upheld the examiner's refusal to register the mark. Mr. Tam again appealed to the Federal Circuit, which initially upheld the examiner’s decision and held that precedent foreclosed Tam's argument that section 2(a) is unconstitutional. After that decision, the Federal Circuit sua sponte ordered a rehearing en banc on the question of the constitutionality of section 2(a).

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Friday
Jul082016

FROM WRITS TO REMEDIES: A HISTORICAL EXPLANATION FOR MULTIPLE REMEDIES AT COMMON LAW

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Aaron Belzer

In previous work, "Enforcing Rights," I examined how courts confine remedies to a single context in constitutional litigation, allowing enforcement of a constitutional right by providing either a criminal or a civil remedy, but not both. In contrast, outside the constitutional context, courts do not similarly limit remedies to a single context. This Essay builds on "Enforcing Rights" and previews a larger work suggesting a historical explanation for the emergence and persistence of multiple remedies in the non-constitutional context.

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Tuesday
Jun212016

THE AFFORDABLE CARE ACT AND COLORADO'S COLLATERAL SOURCE RULE

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LaMar F. Jost & Marissa S. Ronk

The Patient Protection and Affordable Care Act (ACA or Act) mandates near-universal healthcare coverage for Americans. Tax-paying individuals and entities largely fund the statutory system that permits near-universal healthcare coverage. Taxpayers, therefore, are not collateral to any insurance policy purchased on a federally mandated health exchange. As a result, an unresolved issue in Colorado (and around the country) is whether the ACA disaffirms the collateral source rule. This article examines that issue under Colorado law.

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Monday
May232016

ALDABA V. PICKENS: POLICE EXCESSIVE FORCE AND MENTALLY DISTURBED INDIVIDUALS

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Sanna Deerrose

In Aldaba v. Pickens, the Tenth Circuit effectively destroyed the protection that qualified immunity is meant to afford law enforcement officers. The Supreme Court vacated the judgment of Aldaba due to the decision’s reliance on unclear law less than one year after the Tenth Circuit issued this muddled opinion. This Comment explores Aldaba and explains how the Tenth Circuit took great liberty with the doctrine of qualified immunity in its decision and how its decision affects situations where police officers are responding to requests for help in subduing aggressive, mentally disturbed individuals. This Comment will discuss the ways in which the court skewed material facts in order to rely on ambiguous law, misapplied qualified immunity standards, and distorted precedent. This Comment explains that the Tenth Circuit’s ruling inappropriately created a new standard for police use of force in circumstances involving mentally disturbed individuals.

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Monday
May092016

A BUSINESS OWNER’S DILEMMA: IS HIRING AN ATTORNEY TO HANDLE MY CASE WORTH IT?

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Jason C. Astle

Most attorneys turn down small business clients with litigation needs because the amounts involved are too small. One survey of attorneys identified the average threshold for accepting cases as $100,000 in controversy. Compounding the problem, on the other side, clients often will not seek an attorney because the cost of hourly fees appears higher than the benefit of such legal representation. Because of this dichotomy, a substantial population of American small businesses generally goes without legal representation. However, alternative fee agreements may solve this problem, and become more important than changes to rules of civil procedure in providing “just, speedy and inexpensive determination of every action and proceeding.”

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Monday
May092016

CONFLICT BETWEEN PRETEXTING IN M&A INVESTIGATIVE DUE DILIGENCE AND THE ABA MODEL RULES OF ETHICS

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Michael Wenman

The purpose of due diligence in a merger and acquisition (M&A) transaction is to determine the appropriate purchase price to be paid by the buyer. In order to determine the purchase price there should be a thorough investigation and analysis of legal and financial risks, including the discovery of liabilities that may be deal-breakers. The due diligence process typically encompasses legal, financial, and commercial due diligence. Another aspect of due diligence is investigative due diligence, which utilizes a wide range of intelligence gathering techniques including covert activities that are used to perform thorough background checks on a target and its key employees. The investigative due diligence team should be an outside investigative firm that can offer an unbiased review of the potential target and expose any derogatory information such as a history of violating the law, fraud, bribery or any unethical behavior that can ultimately affect the purchase price or possibly terminate the transaction.

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Monday
May092016

NON-PROSECUTION AGREEMENTS IN THE FCPA: IMPACTING THE VIABILITY OF MERGERS ONE DOJ OPINION LETTER AT A TIME

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Kaylea Waechter

In recent years, the Department of Justice (DOJ) and the Securities Exchange Commission (SEC) have increased the prevalence of prosecutions for Foreign Corrupt Practices Act (FCPA) violations by 60%, costing companies an average of $1.5 billion in fines in 2014 alone. As companies become more wary of the economic impact of FCPA violations, they have begun to seek alternative solutions to compliance in the mergers and acquisitions context. In response, the DOJ has implemented the use of Non-Prosecution Agreements (NPA) with extensive compliance requirements that have ultimately forced companies to concede to FCPA violations.

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Monday
May092016

MANAGING ACQUISITIONS COMPLIANCE IN INTERNATIONAL FRANCHISE EXPANSION 

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Rachael Isaacson

This article examines the major concerns when evaluating how to ensure compliance with the Foreign Corrupt Practices Act (FCPA) for a franchise looking to expand internationally, and from this examination, to craft the best approach to ensuring compliance with the FCPA. Couple franchising’s exponential growth and reliance on third parties for expansion of the franchise system with the recent crack down on FCPA compliance by the Securities and Exchange Commission (SEC) and the Department of Justice (DOJ), and there is the perfect storm regarding risk to the franchisor of inadvertently creating liability under the FCPA. By adopting a commitment to non-tolerance of bribery or otherwise corrupt practices, as well as adopting a system-wide, robust, and comprehensive anti-corruption compliance program, franchises expanding internationally can mitigate their unique risks regarding the commission or imputation of potential FCPA violation within the franchise system.

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Monday
May092016

THE UNCERTAINTY OF CONDUCTING PRE-ACQUISITION FCPA DUE DILIGENCE IN MERGERS AND ACQUISITIONS

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Richard Howieson

Given the extensive costs of pre-acquisition Foreign Corrupt Practices Act (FCPA) due diligence and the need to stay competitive in foreign markets, U.S. companies should not conduct expansive pre-acquisition FCPA due diligence  while pursuing acquisitions of companies not subject to the FCPA. Congress enacted the FCPA in 1977 to combat bribery and corruption of foreign officials by U.S. companies and agents of those companies.

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