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.

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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Friday
Feb102017

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

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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

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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

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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

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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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