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.

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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Monday
Jan092017

The Dangers of U.S. v. Carloss

[PDF]

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

[PDF]

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

[PDF]

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

[PDF]

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

[PDF]

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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