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

Friday
Feb102017

An Initial Look at House Bill 17-1053—Warrant or Order for Electronic Communications

[PDF]

Joel L. Hamner

On January 11, 2017, the first regular session of the 71st Colorado General Assembly convened. Among the many bills proposed was House Bill 17-1053, a bill for an act Concerning Orders For Electronic Communications. The bill—currently under consideration by the House Judiciary Committee—sets out to establish a warrant requirement for all government entities seeking electronic communication information from service providers.

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Monday
Feb062017

Bank of Markazi v. Peterson: The Erosion of Separation of Powers

[PDF]

Alexandra Valls

The separation of powers doctrine results from the three-branch system created by the Constitution. The Constitution bestows upon each branch its own sphere of power and creates a system of "checks and balances" between branches. This doctrine is also derived from historical analysis and the intent of the Framers; the colonies experiences with legislatures performing what is now traditionally recognized as judicial roles "figur[ed] prominently in the Framer's decision to devise a system [which] secur[es] liberty through the division of power." Furthermore, in Marbury v. Madison, Justice Marshall declared Article III of the Constitution establishes an independent judiciary whose "province and duty is . . . to say what the law is."

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Tuesday
Jan312017

Love is All You Need: The Supreme Court Clarifies the Standard for Tipper–Tippee Liability Under Insider Trading

[PDF]

Tony Arias

Regulation of the securities market resulted from the industry's growing importance in the economy and the corrupt culture of dishonesty that resulted in unfairness. That was in the 1930s but still holds true today; the size of the finance industry is significant, and insider-trading networks are prevalent, grossing nearly $1 billion over the past four years. To curb insider trading, securities law prohibits individuals from making undisclosed trades based on material nonpublic information (MNI). Such individuals may be corporate insiders, owing a fiduciary duty to their shareholders, or outsiders, owing a duty of "trust and confidence" to the source of the information. These individuals can also face liability for disclosing MNI to others who then trade on it, but only if the tipper received a personal benefit.

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Monday
Jan302017

Craft Beer Wars: The Impact of Senate Bill 197 and the Expansion of Colorado Liquor Licenses

[PDF]

Mark Staines

Colorado is known for many things, including world-class skiing, the Super Bowl Champion Denver Broncos, and pioneering marijuana laws. But as any good Coloradan or lucky visitor knows, the state is also home to one of the most vibrant craft beer scenes in the country. Many Colorado residents look forward to enjoying their favorite local brews almost as much as they look forward to the start of ski season, and for years small independently owned liquor stores have been the only place to go in Colorado (with a few exceptions) to purchase craft beers and other alcoholic beverages.

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Thursday
Jan262017

Endrew F. v. Douglas County School District: A “Meaningful” Opportunity to Alleviate the School-to-Prison Pipeline for Students with Disabilities

[PDF]

Jason Langberg & Sarah Morris

Brandon and Tyler are both sixth grade students with individualized education programs (IEPs) for their serious emotional disabilities. Pursuant to his IEP, Brandon is in a behavioral support class that focuses on social and emotional learning for 60 minutes every day. He also receives psychological services twice a week and his parents receive counseling, twice a month, on how to work with Brandon. A behavioral intervention plan (BIP) that focuses on teaching replacement behaviors and reinforcing positive behaviors is part of Brandon's IEP. Finally, his IEP includes specific, measurable, and attainable behavioral goals. Tyler's IEP, on the other hand, mirrors the boilerplate IEP given to most middle school students with emotional disabilities in the district. It provides for 30 minutes of generic special education twice a month and no related services. Tyler has a BIP, but it focuses on punitive consequences.

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Wednesday
Jan252017

Local Government Regulation of Personal Marijuana Grows

[PDF]

Rachel Allen

Marijuana home grows have sparked growing concern since the passage of medical and retail marijuana in Colorado.[1] A recent report issued by the Denver division of the Drug Enforcement Agency compared residential marijuana grows to "meth houses" of the 1990s. Every community faces the problem of marijuana grows for personal use regardless of whether a municipality allows medical and/or retail marijuana sales. Common issues caused by marijuana home grows include fire hazards from providing electricity to grow lights, mold from watering plants, and the public safety concern of cultivating the drug in a residential area. Grows must be confined to an "enclosed" space consisting of a "permanent or semi-permanent area covered and surrounded on all sides." The area must also be a locked space "secured at all points of ingress and egress with a locking mechanism designed to limit access."

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Tuesday
Jan242017

Families of Pulse Nightclub Victims Face Off Against Twitter, Facebook, and Google

[PDF]

Marissa Kazemi

The families of Pulse Nightclub victims are seeking justice in federal court. The families of three people killed during the Pulse massacre in Orlando—Tevin Crosby, Javier Jorge-Reyes, and Juan Ramon Guerro—are suing Twitter, Google, and Facebook, alleging the companies provided "material support" to terrorists by allowing groups like the Islamic State (ISIS) to spread propaganda, raise funds, and recruit new members.

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Thursday
Jan192017

Colorado House Bill 16-1309: Safeguarding the Right to an Attorney in Municipal Court?

[PDF]

Audrey Johnson

New legislation governing a defendant's right to counsel will soon impact municipal court procedures in Colorado. During the 2016 legislative session, the General Assembly passed a bill requiring the presence of a public defender at each session of jail advisements for individuals in custody. In seeking to limit the number of defendants entering uncounseled pleas, House Bill 16-1309 dictated that municipalities must provide legal representation for defendants at their first court appearances. Most state and county courts already provide access to public defenders for defendants prior to their appearances. In contrast, municipal defendants in Colorado often receive counsel after entering their plea. House Bill 16-1309 looked to alter this trend by compelling additional safeguards for a defendant's right to an attorney in municipal court.

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Thursday
Jan122017

The New "Bright Line" Rule in Condemnation Commission Trials: Regional Transportation District v. 750 W. 48th Ave., LLC

[PDF]

Jody Harper Alderman

In Colorado, when an entity exercises its eminent domain power, a property owner who owns private property that is being acquired may elect to have a jury or a commission of three freeholders determine the amount of just compensation due to the property owner for the taking of the property. If the property owner elects a commission to determine value, the valuation trial is a hybrid model. A presiding judge supervises the pre-trial process, hears in limine motions, issues commission instructions, and might be involved in evidentiary decisions during the valuation trial. The commission receives the evidence and makes decisions on evidentiary objections during the valuation trial—unless the commission requests the judge to assist in those decisions—and ultimately decides just compensation. The roles and responsibilities of the judge and the commission seem to overlap, but, recently, the Colorado Supreme Court in Regional Transportation District v. 750 West 48th Ave., LLC, promulgated a "bright line rule" defining the authority of the judge vis á vis the commission in condemnation cases. We now know that the trial court judge is the ultimate authority in a valuation trial to a commission.

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Tuesday
Jan102017

The Impact of the Affordable Care Act on the Colorado Collateral Source Rule

[PDF]

Charles R. Mendez

The collateral source rule is a long-standing tenet of tort law, though it has been scrutinized by some for more than half a century. Recently, critics have claimed that with the advent of The Patient Protection and Affordable Care Act (ACA) the policy justifications behind the rule have lastly gone extinct. This short essay responds specifically to that new wave of criticism. The policy justifications remain firmly intact. In fact, the ACA, which is likely to be repealed in any event, does very little to contribute to the collateral source rule debate. The same arguments have been made in the past, yet they have not resulted in abrogation of the collateral source rule in Colorado.

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