Events & Announcements

2018 Symposium – Uproar: The Intersection of Animals and the Law

Feb. 9, 2018 - Uproar: The Intersection of Animals and the Law The Denver Law Review  presents its Volume 95 Symposium, Uproar: The Intersection of Animals and the Law. Uproar will explore the relationship between animals and the law.

This event is open to the public. To register for this event, please click here.


Volume 95 Staff Announced

The Denver Law Review is excited to announce the Volume 95 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.



 

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.

Tuesday
May232017

Excluding Proposals in the Absence of Corporate Authority

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Donovan Gibbons

Rule 14a-8 requires inclusion of a properly submitted shareholder proposal in the company's proxy statement. The Rule, however, also includes thirteen substantive grounds for exclusion. Specifically, subsections (i)(6) permits omission of a proposal if "the company would lack the power or authority to implement the proposal."

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Tuesday
May232017

Finding the Grievance in the Personal Grievance Exclusion

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Jon Wagner

Rule 14a-8 (the Rule) requires the inclusion of a shareholder proposal in a company's proxy statement. The Rule, however, provides thirteen substantive grounds for exclusion. Subsection (i)(4) allows for the omission of proposals relating to the "redress of a personal claim or grievance against the company or any other person." Originally introduced to prevent "abuse of the [shareholder proposal] rule," the exclusion sought to eliminate proposals intending to "achieve personal ends . . . not necessarily in the common interest of . . . security holders generally."

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Wednesday
Apr192017

Two Bills Demonstrate the Difficulty in Legislating Teen Sexting

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Jennifer Eyl

In November 2016, Cañon City High School, in Cañon City, Colorado, was rocked by a scandal involving 300 sexually explicit images of students being shared among more than 100 teenagers. This case, and others around the country, have caused considerable consternation among prosecutors, school officials, parents, and those who want to ensure juveniles do not suffer criminal consequences for acting like teenagers in the age of easily created, shared and exploited digital images.

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Wednesday
Apr052017

Will the Colorado Supreme Court Prevent a Potential Statewide Auto Insurance Crisis? The Impact of the Court of Appeals’ Decision in Fisher v. State Farm

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Evan Stephenson & Shari L. Wall

On May 7, 2015, the Colorado Court of Appeals dramatically changed how auto insurers must pay benefits under uninsured and underinsured motorist (UIM) policies. In Fisher v. State Farm Mutual Automobile Insurance Co., the court interpreted two general insurance-penalty statutes enacted in 2008 to require every UIM insurer statewide to operate effectively as a first-party health insurance operation.

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Thursday
Mar302017

Symposium Note: Blank Check in the Criminal Justice System

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Jenny Nelson

On Friday, February 3, 2017, at the University of Denver Sturm College of Law, Professor Gabriel J. Chin, from the University of California Davis, spoke at the Denver Law Review Symposium on Justice Reinvestment. Prof. Chin incorporated an article he is currently writing for the Denver Law Review into his presentation titled, Blank Check in the Criminal Justice System. The presentation focused on the power sharing issue affecting players in the criminal justice system.

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Tuesday
Mar282017

Increasing the Minimum Wage Through Direct Democracy

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Kristin L. Arthur

On January 1, 2017, nineteen states saw their minimum wages increase. Colorado, like four other states, increased its minimum wage through direct democracy; in this case, through a voter-initiated constitutional amendment. Colorado is one of twenty-nine states to have a minimum wage higher than the federal minimum wage. All increases in Colorado's minimum wage since the turn of the century have been through voter-initiated methods.

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Monday
Mar272017

Symposium Note: Implementing Justice Reinvestment at the State Level

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Alec Martinez

Alternative incentive structures and competing economic interests served as primary themes in the Denver Law Review's symposium panel discussing the implementation of justice reinvestment at the state level. In spite of the unfortunate absence of Denise Maes of the ACLU of Colorado, a two-person panel consisting of Professor David Ball of Santa Clara Law and Liz Ryan, president and CEO of Youth First!, proved to be among the most salient presentations in this year's symposium. Moderated by Hannah Proff of Johnson, Brennan & Klein, each panelist discussed obstacles to justice reform and opportunities for reform at the state level.

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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

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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

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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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