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.

Please click here to view the photo masthead.



 

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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

Monday
Jan092017

The Dangers of U.S. v. Carloss

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Nicole Chaney

Under the current Fourth Amendment jurisprudence, the "right to privacy" is guaranteed and persons, papers, effects, homes, and curtilages are protected from unreasonable searches and seizures by government officials. However, through numerous cases, the Supreme Court has carved out a number of exceptions for purposes of law enforcement. One major police technique at issue today is the use of knock-and-talks. A knock-and-talk is a police procedure which allows officers to knock on the door of a private residence for the purpose of obtaining consent to speak with a resident or to conduct a search. Recently, the 10th Circuit Court of Appeals struck a blow to the Fourth Amendment protection for homes and curtilages by holding that police may conduct a knock-and-talk under an implied license to approach and "No Trespassing" signs did not revoke the implied license.

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Monday
Jan092017

Protecting his Legacy: President Obama and Climate Change in the Wake of a Trump Administration

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Jenny Nelson

President Barack Obama will be remembered for many important acts including eliminating Osama bin Laden, passing health care reform, and adopting a new climate change policy. The latter, combatting climate change, has been the focus of much effort throughout his eight years in office and especially in his final months as President-elect Donald Trump prepares to take office.

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Monday
Dec262016

Dying in the Digital Age: New Colorado Law Concerning Access to Digital Assets

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Molly Zwerdlinger

Dealing with death is hard enough without the addition of legal matters. While many of us wish assets would just handle themselves upon the death of a loved one, those in charge of administering the estate need to make sure all assets are accounted for and protected.

As the baby boomers and members of Generation X age, we will be faced with a crisis concerning what to do with their digital assets upon death. Although the way we interact with the digital world has changed drastically over the past thirty years, there is good news for lawyers in Colorado. Colorado has recognized this oncoming crisis and has enacted a new law. The Revised Uniform Fiduciary Access to Digital Assets Act (Act) addresses potential issues of dying in the digital age.

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Thursday
Dec222016

The Current State of Drone Law and the Future of Drone Delivery

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Roderick O'Dorisio

Unmanned Aerial Vehicles (UAVs) have been around for almost a century, but these flying machines have primarily been regarded as primitive military weapons. Today, however, the use of UAVs (otherwise known as "drones") has been transformed into a versatile tool utilized by the public in numerous private and commercial realms. Indeed, the modern drone has countless applications. For example, drones have been successfully introduced into the law enforcement field and the film industry. They have been applied to hurricane hunting, 3-D mapping, wildlife conservation, agricultural development, and search and rescue operations. Other current uses include oil and gas exploration and disaster response. Additionally and unsurprisingly, UAVs have still experienced widespread popularity among hobbyists.

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Wednesday
Dec212016

The Election of Donald Trump: Dramatic Changes for the Supreme Court Docket

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Jane Rugg

Highlighted as a central campaign issue during the 2016 presidential election, Donald J. Trump's election on November 8th signals potentially significant changes for the ideological make-up of the Supreme Court over the next four years. However, less obviously and more immediately, Trump's successful election as the 45th president also means that several cases currently pending before the Supreme Court and the circuit courts concerning actions of the Obama administration will likely be dismissed before they are resolved. In essence, Trump will have the opportunity to begin shaping the judicial landscape even before he nominates and pushes through a Supreme Court justice to replace the late Antonin Scalia. Important issues in cases likely to be withdrawn or dismissed include immigration (in United States v. Texas), transgender rights (in Gloucester County School Board v. G.G.), religious exemptions to providing contraceptives under the Affordable Care Act (in Zubik v. Burwell), and the Clean Power Plan.

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Monday
Dec192016

Endrew F. ex rel. Joseph F. v. Douglas County School Dist. Re-1: A Missed Opportunity

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Lauren Davison

Recognizing that the Nation's economic, political, and social security require a well-educated citizenry, the Congress (1) reaffirms, as a matter of high priority, the Nation's goal of equal educational opportunity, and (2) declares it to be the policy of the United States of America that every citizen is entitled to an education to meet his or her full potential without financial barriers.

The above quote is the "national policy with respect to equal educational opportunity" Congress enacted in 1974 as part of the General Education Provisions Act. The highly aspirational statement suggests Congress wanted the states to take decisive and comprehensive action in educating the citizens of the United States. The statement further suggests the federal government was willing, if not entirely prepared, to provide the financial backing for such an undertaking.

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Friday
Dec022016

The "Long Arm" of the Law: Obtaining Personal Jurisdiction Over a Parent Company in Colorado

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Anthony Lally

Under a new personal jurisdiction test in Colorado for out-of-state parent companies, plaintiffs now face a heavy factual burden and in some situations might be priced out of bringing a suit. In Griffith v. SSC Pueblo Belmont Operation Co. and Meeks v. SSC Colorado Springs Colonial Columns Operating Co., the Colorado Supreme Court promulgated a test to apply when determining whether a court has personal jurisdiction over a parent company that does not have minimum contacts within the state. The Supreme Court held that a court may obtain personal jurisdiction through imputing a subsidiary company’s jurisdiction onto the parent company. To impute personal jurisdiction, a court must find sufficient justification to pierce the subsidiary company’s corporate veil. Otherwise, a court must evaluate the personal jurisdiction of each entity separately. The Supreme Court imposes a heavy factual burden on the plaintiff, which incentivizes parent companies to form many layers of limited liability entities not distinct from itself. To prove this conclusion, this article will first examine the Supreme Court’s holding in Griffith and Meeks and then argue that the holdings in both cases force a plaintiff to satisfy a heavy factual burden and incur additional costs, which in turn incentivizes parent companies to form multiple entities without making each distinct from the parent company.

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Thursday
Dec012016

The Case for Revising Colorado’s Venue Rule

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Jeffrey Ruebel

Two concepts form the basis governing courts’ authority to act: (1) personal jurisdiction and (2) venue. Personal jurisdiction has been used as a method to constrain the power of the sovereign and to protect litigants against unfair treatment at the hands of a state by asking whether the sovereign has authority over the parties. On the other hand, venue serves to make courts accessible to litigants but also protects against unfair treatment that might result from selecting an inconvenient location for trial.

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Thursday
Dec012016

Vasquez v. Lewis: Eliminating Colorado Residency in Determinations of Reasonable Suspicion

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Alec Martinez

Although the state of Kansas seeking to control the flow of marijuana entering its boarders from Colorado, the Tenth Circuit Court of Appeals recently held that Colorado residence cannot serve as a consideration in a finding of reasonable suspicion to conduct a search of a vehicle by law enforcement. In Vasquez v. Lewis, a Colorado motorist brought a claim under 42 U.S.C. § 1983, asserting that two Kansas police officers violated his Fourth Amendment right against unreasonable searches and seizures by detaining him and searching his automobile without reasonable suspicion. Based upon Plaintiff Vasquez’s residency of Colorado, among other factors, the officers conducted a search of Vasquez’s vehicle under suspicion of drug trafficking. The district court held that Vasquez’s asserted constitutional right was not established and, therefore, the officers were entitled to qualified immunity. The Tenth Circuit Court of Appeals disagreed, and reversed and remanded for further proceedings. Of particular importance in Vasquez was the Court’s decision to formally eliminate state residency as a consideration (absent extraordinary circumstances) in the context of determinations of reasonable suspicion in vehicle searches and seizures.

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Thursday
Oct202016

Extending the Authority of No Disparagement Clauses to Volunteers: Add it to a Long List of 2016 Election Surprises

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Erik Carlson

The 2016 U.S. Presidential election brought a new surprise at every corner and for several, has never ceased to amaze. One such example is the tens of thousands of individuals who have now, through a nondisclosure agreement required for all volunteers with The Trump campaign, agreed to never criticize Donald Trump or the Trump family for the rest of their lives. Throughout the campaign, pundits and lay persons the like flocked to any kind of media or social media to express their “outrage” over the words said, or the actions taken by Mr. Donald Trump. But this time, the outrage might be different.

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