DLR Online Special Features

Please visit here for a list of special feature editions of the DLR Online.


Events & Announcements

Mar. 10, 2019 - The Denver Law Review will soon be accepting submissions for the 2019 Emerging Scholar Award. For details on the award including eligibility, award information, and submission instructions, please review this document. We look forward to reviewing all submissions!


Jan. 9, 2019 - The Denver Law Review is pleased to open registration for our 2019 Symposium, Driven by Data: Empirical Studies in Civil Litigation and Health Law. We have a top-class list of speakers for this year's symposium and we look forward to seeing you there! Register by following this link.


Apr. 4, 2018 - The Denver Law Review is currently accepting submissions for its Recent Developments in the Tenth Circuit issue. For details on the issue and submission instructions, please review this document. We look forward to reviewing all submissions!


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
Jan192017

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

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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

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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

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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

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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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