Implementation Of HB 1261

Edwin LaMair

This Article examines the Colorado Climate Action Plan to Reduce Pollution. As global temperatures rise, states must act to reduce pollution, and communities must engage in policy discussions for optimal results. Colorado has an opportunity to lead the way.

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Colorado’s Proposed “Red Flag” Gun Bill: Extreme Risk Protection Orders

Joseph Frydenlund

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This Article examines Colorado’s controversial effort to adopt a “red flag” law. Such a law would allow a court to order an individual to relinquish his or her firearms if he or she poses a significant risk to self or others. The author describes the law proposed in Colorado, briefly assesses the political arguments made by proponents and opponents, and reviews the key constitutional considerations involved.

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Expanding Mental Health Autonomy in Colorado

R. Tanner Sledge

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This Article explores developing Colorado law that provides more autonomy to those suffering from mental illness. The state legislatures new behavioral health order forms will allow individuals to make independent decisions regarding their treatment and care.

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Court of Arbitration for Art Opens its Doors

Sarah Dewar

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This Article provides insight into the new Court of Arbitration for Art, which will resolve legal disputes involving prominent art work. This new development was founded by a renowned art lawyer seeking to increase efficiency and trust within the global art market.

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Murphy v. NCAA: Anticomandeering – A Win for State Autonomy and Federalism

Kasia Parecki

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This Case Comment analyzes anticommandeering principles in relation to New Jersey’s sports gambling laws in Murphy v. National Collegiate Athletic Association. To understand the Court’s decision, this Comment explores various state laws that conflict with federal law in the realm of marijuana, immigration, healthcare, and gun regulation.

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Big Sky Scientific v. Idaho State Police: Considerations for Legally Produced Hemp in Transport

Catie Wightman

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This Article discusses the ongoing challenges hemp producers nationwide face, even though the 2018 Farm Bill defined hemp and set guidelines related to its production and transportation. The rights retained by states after the law’s passage, the author explains, creates discrepancies that may still subject hemp producers to potential criminal sanctions, as a case underway in the Ninth Circuit illustrates.

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The Fallacy of the Intermediate Scrutiny Analysis

Desiree Palomares

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This Article comments on Free the Nipple-Fort Collins v. City of Fort Collins, and the intermediate scrutiny analysis that courts employ when evaluating gender discriminatory statutes. Courts grapple with what exactly constitutes a stereotype versus a legitimate government interest.

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Proposed Public Charge Regulations in Immigration Law: Subtle Changes and Significant Effects

Jenny Regier

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The “public charge” doctrine was codified by Congress in 1882 and allows the United States to ban noncitizens from entering or staying in the country if they require support at public expense. This Article briefly examines the public health ramifications of a rule proposed last fall that, if adopted, would broaden the way a noncitizen is evaluated by the government as a potential “public charge.”

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Privacy Basics a Colorado Lawyer Should Know: The California Consumer Privacy Act and the Colorado Consumer Data Privacy Act

Jenifer McIntosh

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This Article explains the California Consumer Privacy Act, set to take effect on Jan. 1, 2020, and the lesser known Colorado Consumer Data Privacy Act. Every attorney practicing in Colorado should know and understand both laws, the author says. That is because most clients likely are affected by one or both, either due to activities they conduct or to data they keep.

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Constitutional Challenges on Colorado Compulsory Pooling Statutes

Marie Zimmerman

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While forced pooling serves many oil and gas production functions, not all Colorado residents believe those functions justify the implementation of forced pooling statutes. This Article explores legal challenges to Colorado’s forced pooling statute and the arguments against such a legal challenge. Ultimately, arguments for and against forced pooling cross political divides.

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FACE ID, TOUCH ID, AND BIOMETRIC PASSWORDS: A FIFTH AMENDMENT PRIVILEGE

Parya Mahmoudi

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This Article explores a crucial constitutional question caused by evolving technology: Must a suspect provide his or her password or biometric information for a mobile device seized during an arrest? State and federal courts differ sharply in their answers, despite the significant Fifth Amendment concerns involved, the author says—leaving citizens uncertain of their rights unless the U.S. Supreme Court someday intervenes.

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MANDATORY CHILD-ABUSE REPORTING LAWS AND THE #METOO MOVEMENT: FEDERAL AND COLORADO EXAMPLES AND SIX PATHS FORWARD

Matthew Branaugh

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As sexual assault and child abuse plague institutions throughout the country, various state legislatures are attempting to make community leaders more aware of their responsibilities. This Comment explores the viability of abuse-reporting laws and alternative paths forward. While abuse-reporting laws are a step in the right direction, the nation has a long way to go.

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Crypto-Concerns: Initial Coin Offerings and the U.S. Securities Laws in the Wake of Aggressive SEC Enforcement Actions

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Kenneth S. Witt[*] & Mark A. Staines[**]

Once upon a time, cryptocurrency trading was thought by many to lie outside the scope of U.S. securities law. But since mid-2017, the SEC has increasingly asserted its regulatory authority over cryptocurrency trading and initial coin offerings (“ICOs”). This article begins with a brief overview of cryptocurrency and the underlying blockchain technology. Next, the article explores recent enforcement actions by the SEC and provides guidance on how an ICO issuer can avoid implicating U.S. securities laws.

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2019 Symposium Note: Jury Decision Making Processes

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Rebecca Walker[*]

 

This Note outlines a panel discussion that took place at the 2019 symposium, Driven by Data. Professors from across the country explained their empirical research regarding the role of confirmation bias in jury decision making processes; inferences juries make based on their understanding of the “gist”; and the future of comparable case guidance.

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2019 Symposium Note: Panel 1

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Maeve Sullivan[*]

How do jury members make up their minds? That question and others focused on research regarding jury instruction, individual juror decision making, and methods of rooting out juror bias were the focus of the first panel of the Driven By Data, the Denver Law Review’s Spring 2019 Symposium.

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