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 animal law and free speech.

This event is open to the public. Registration details to be announced.


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.

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DLR Online

The online supplement to the Denver Law Review

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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Thursday
Mar022017

More Than Meats the Eye: An Argument for a Comparative Energy Meat Label

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Tyler Nemkov

As the need to promote energy efficiency grows more urgent, there is still a dearth of solutions concerning the energy used in the United States' food system. Considering that an estimated fifteen percent of the United States' energy usage comes from food, any comprehensive plan to encourage efficient energy use must consider how the country's food is created and transported. On an international scale, food systems consume thirty percent of the energy available and produce about twenty percent of the greenhouse gases created in the world. The discrepancy between the energy usage used for food consumed in the United States and internationally may exist because Americans spend a smaller percentage of their incomes on food than citizens of any other country in the world.

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Thursday
Feb232017

(Digital) Trespass: What’s Old is New Again

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Hannah L. Cook

A digital trespass theory of Fourth Amendment searches is necessary to maintain the relevance of the Supreme Court's decision in United States v. Jones. At the time the Fourth Amendment was written, if a government official wanted to track a suspect, he needed to physically follow the suspect around to learn his whereabouts. If he wanted to read a suspect's correspondence, he needed to enter the suspect's home or office and take the physical letter. If he wanted to listen to a suspect's conversation, he needed to hide under an open window or find an informant. In 2017, these tactics are no longer necessary—we use electronics to travel, write, and speak with one another. Unfortunately, these devices can betray us without any physical interaction with law enforcement, potentially confounding a Fourth Amendment whose authors never imagined law enforcement conducting a remote search and eviscerating the progress made in Jones.

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Wednesday
Feb222017

At the Governor’s Table: The Case for the Nonprofit Cabinet Member

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Erik Estrada

What makes America great? Chief among the many reasons is its nonprofit sector. Philanthropic organizations in America, including 501(c)(3)-public charities, educate millions of students every year, help advance important scientific research, address the health care needs of millions of patients, and help America's communities become vibrant social centers through the promotion of arts and culture. Without the nonprofit sector, many of the museums, universities, hospitals, and countless other institutions that Americans revere and rely upon would not exist.

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Friday
Feb172017

Federal Lands Under the Trump Administration

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Thomas Gerwick

While newly inaugurated President Donald Trump has yet to put forth his plan for energy development on federally owned lands, he has expressed his desire to "open up federal lands to more energy development." President Trump also indicated that he plans on lifting the coal moratorium and "remove regulations that the energy industry says can delay projects." On January 30, 2017, President Trump issued an executive order indirectly impacting energy regulations, promulgating a rule that for every new regulation imposed, two must be eliminated. President Trump's nominee for Secretary of the Interior, Ryan Zinke, offers insight into the future of energy development on public lands. While Zinke appears to believe in protecting national parks and monuments, his commitment to deregulation may incentivize the energy industry to take advantage of the considerable resources underlying public lands.

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Monday
Feb132017

The Geography of Cruel and Unusual Punishment

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Jeffrey Wermer

On January 9, 2017, Beth McCann, the newly elected district attorney for the City and County of Denver, announced she would not seek the death penalty against criminal defendants in her jurisdiction, stating: "I don't think that the state should be in the business of killing people." To McCann, life imprisonment without the possibility of parole achieves better punitive, deterrent, and economic results than the death penalty. In addition to not seeking the death penalty in Denver County as a matter of policy, she stated that she would support a statewide repeal of the death penalty either by popular vote or by the Colorado legislature.

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