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Articles 1 - 30 of 136
Full-Text Articles in Entire DC Network
Domestic Violence & Men's Professional Sports: Advancing The Ball
Domestic Violence & Men's Professional Sports: Advancing The Ball
Denver Sports & Entertainment Law Journal
No abstract provided.
The Devil Is In The Details: Exploring Restorative Justice As An Option For Campus Sexual Assault Responses Under Title Ix, Amy B. Cyphert
The Devil Is In The Details: Exploring Restorative Justice As An Option For Campus Sexual Assault Responses Under Title Ix, Amy B. Cyphert
Denver Law Review
No abstract provided.
Aequitas: Seeking Equilibrium In Title Ix, Raymond Trent Cromartie
Aequitas: Seeking Equilibrium In Title Ix, Raymond Trent Cromartie
Sturm College of Law: Faculty Scholarship
Over the past two decades, the scope of Title IX has expanded drastically and now includes the investigation and adjudication of sexual misconduct cases through campus tribunals. Beginning in 2011, the Obama Administration, through a “Dear Colleague Letter” and subsequent guidance, initiated this process by establishing guidelines that required schools to develop and implement policies and procedures for the handling of sexual misconduct cases. Following the publication of the Obama-era guidance, schools scrambled to ensure compliance with the federal guidance, which led to a myriad of applications by universities. Unfortunately, the fallout from the 2011 guidance was widespread litigation initiated …
Grandma Got Arrested: Police, Excessive Force, And People With Dementia, Rashmi Goel
Grandma Got Arrested: Police, Excessive Force, And People With Dementia, Rashmi Goel
Sturm College of Law: Faculty Scholarship
Recent events have shone a light on the particular vulnerability of people with dementia to police violence. Police are arresting people with dementia and using excessive force to do it—drawing their firearms, deploying tasers, and breaking bones.
To date, little attention has been paid to the burgeoning number of people with dementia, one of society’s most vulnerable populations, and their experiences with the criminal justice system. This Article examines how dementia leads people to engage in activity that appears criminal (shoplifting (forgetting to pay), and trespass (wandering), for instance) and the disproportionate response of police. In several cases where people …
The Broken Fourth Amendment Oath, Laurent Sacharoff
The Broken Fourth Amendment Oath, Laurent Sacharoff
Sturm College of Law: Faculty Scholarship
The Fourth Amendment requires that warrants be supported by “Oath or affirmation.” Under current doctrine, a police officer may swear the oath to obtain a warrant merely by repeating the account of an informant. This Article shows, however, that the Fourth Amendment, as originally understood, required that the real accuser with personal knowledge swear the oath.
That real-accuser requirement persisted for nearly two centuries. Almost all federal courts and most state courts from 1850 to 1960 held that the oath, by its very nature, required a witness with personal knowledge. Only in 1960 did the Supreme Court hold in Jones …
Intimate Partner Violence Through The Eyes Of The Military “Dependent” Spouse, Xander Franklin, Tamara Kuennen
Intimate Partner Violence Through The Eyes Of The Military “Dependent” Spouse, Xander Franklin, Tamara Kuennen
Sturm College of Law: Faculty Scholarship
Throughout this Article, we will examine the extraordinary challenges faced by partners of military members when their relationships become abusive. Few legal scholars have written about the phenomenon; of them, most focus on the servicemember’s—not the partner’s—experience. This Article seeks to fill that gap by providing a contextual analysis of abuse as a continuing process, rather than a discrete incident, and by using the military setting to throw into sharp relief the structural facilitators that too often fade into the background. By constructing this analytical framework, we seek to create analytical applications beyond the confines of a military installation to …
Pardoning Dogs, Sarah Schindler
Pardoning Dogs, Sarah Schindler
Sturm College of Law: Faculty Scholarship
In 1994, the Governor of New Jersey pardoned a dog. In 2017, the Governor of Maine did the same. Each of these dogs had been ordered to be euthanized after killing another dog. While the Governor of New Jersey relied on the property status of the dog in issuing her order, the Governor of Maine relied on his standard pardon power, despite the fact that the being to be pardoned was a dog rather than a human. Both of these cases generated a great deal of popular press and attention, and a few months ago, a New York state senator …
Not All Violence In Relationships Is “Domestic Violence", Tamara L. Kuennen
Not All Violence In Relationships Is “Domestic Violence", Tamara L. Kuennen
Sturm College of Law: Faculty Scholarship
The article proceeds in four parts. Part I describes in more detail the work of Donileen Loseke, and Part II applies her methodology by taking stock of the constructs as they currently exist. Part III examines social science data available since Loseke published her study, demonstrating that the current construct reflects, in reality, only a subset of relationship violence and a subset of the people who experience it. Part IV examines whether the main service designed to help people experiencing relationship violence today—law—perpetuates, rather than challenges norms. I argue that it does the former, because legal decision makers, like the …
Full Issue, University Of Denver Criminal Law Journal
Full Issue, University Of Denver Criminal Law Journal
University of Denver Criminal Law Review
No abstract provided.
A Right To A Remedy: The Sixth Amendment Right To Counsel And The American Indigent Defense Crisis, Nicholas A. Lutz
A Right To A Remedy: The Sixth Amendment Right To Counsel And The American Indigent Defense Crisis, Nicholas A. Lutz
University of Denver Criminal Law Review
No abstract provided.
Bad Science Begets Bad Convictions: The Need For Postconviction Relief In The Wake Of Discredited Forensics, Jessica Gabel Cino
Bad Science Begets Bad Convictions: The Need For Postconviction Relief In The Wake Of Discredited Forensics, Jessica Gabel Cino
University of Denver Criminal Law Review
No abstract provided.
Full Issue, University Of Denver Criminal Law Journal
Full Issue, University Of Denver Criminal Law Journal
University of Denver Criminal Law Review
No abstract provided.
Into The Wild Blue Yonder Of Legal Representation For Victims Of Sexual Assault: Can U.S. State Courts Learn From The Military, Erin Gardner Schenk, David L. Shakes
Into The Wild Blue Yonder Of Legal Representation For Victims Of Sexual Assault: Can U.S. State Courts Learn From The Military, Erin Gardner Schenk, David L. Shakes
University of Denver Criminal Law Review
No abstract provided.
Full Issue, University Of Denver Criminal Law Journal
Full Issue, University Of Denver Criminal Law Journal
University of Denver Criminal Law Review
No abstract provided.
The Peremptory Paradox: A Look At Peremptory Challenges And The Advantageous Possibilities They Provide, Laurel Johnson
The Peremptory Paradox: A Look At Peremptory Challenges And The Advantageous Possibilities They Provide, Laurel Johnson
University of Denver Criminal Law Review
No abstract provided.
Giving An Acquittal Its Due: Why A Quartet Of Sixth Amendment Cases Means The End Of United States V. Watts And Acquitted Conduct Sentencing, Lucius T. Outlaw
Giving An Acquittal Its Due: Why A Quartet Of Sixth Amendment Cases Means The End Of United States V. Watts And Acquitted Conduct Sentencing, Lucius T. Outlaw
University of Denver Criminal Law Review
No abstract provided.
Mandamus Muddle: The Mandamus Review Standard For The Federal Crime Victims' Rights Act, Peggy M. Tobolowsky
Mandamus Muddle: The Mandamus Review Standard For The Federal Crime Victims' Rights Act, Peggy M. Tobolowsky
University of Denver Criminal Law Review
No abstract provided.
Gang Policing: The Post Stop-And-Frisk Justification For Profile-Based Policing, K. Babe Howell
Gang Policing: The Post Stop-And-Frisk Justification For Profile-Based Policing, K. Babe Howell
University of Denver Criminal Law Review
No abstract provided.
Full Issue, University Of Denver Criminal Law Journal
Full Issue, University Of Denver Criminal Law Journal
University of Denver Criminal Law Review
No abstract provided.
Teaching Criminal Law: Integrating Professional Responsibility, Robert Batey
Teaching Criminal Law: Integrating Professional Responsibility, Robert Batey
University of Denver Criminal Law Review
No abstract provided.
Are There No Prisons: Mental Health And The Criminal Justice System In The United States, Robert Rigg
Are There No Prisons: Mental Health And The Criminal Justice System In The United States, Robert Rigg
University of Denver Criminal Law Review
No abstract provided.
Using Technology The Founders Never Dreamed Of: Cell Phones As Tracking Devices And The Fourth Amendment, R. Craig Curtis, Michael C. Gizzi, Michael J. Kittleson
Using Technology The Founders Never Dreamed Of: Cell Phones As Tracking Devices And The Fourth Amendment, R. Craig Curtis, Michael C. Gizzi, Michael J. Kittleson
University of Denver Criminal Law Review
No abstract provided.
The Death Of Fairness: Texas's Future Dangerousness Revisited, Ana M. Otero
The Death Of Fairness: Texas's Future Dangerousness Revisited, Ana M. Otero
University of Denver Criminal Law Review
No abstract provided.
Front Matter, University Of Denver Criminal Law Journal
Front Matter, University Of Denver Criminal Law Journal
University of Denver Criminal Law Review
No abstract provided.
They're Planting Stories In The Press: The Impact Of Media Distortions On Sex Offender Law And Policy, Heather Ellis Cucolo, Michael L. Perlin
They're Planting Stories In The Press: The Impact Of Media Distortions On Sex Offender Law And Policy, Heather Ellis Cucolo, Michael L. Perlin
University of Denver Criminal Law Review
No abstract provided.
The Death Penalty Spectacle, Tung Yin
The Death Penalty Spectacle, Tung Yin
University of Denver Criminal Law Review
No abstract provided.
The Cost Of Colorado's Death Penalty, Justin F. Marceau, Hollis A. Whitson
The Cost Of Colorado's Death Penalty, Justin F. Marceau, Hollis A. Whitson
University of Denver Criminal Law Review
No abstract provided.
Admissibility Compared: The Reception Of Incriminating Expert Evidence (I.E., Forensic Science) In Four Adversarial Jurisdictions, Gary Edmond, Simon Cole, Emma Cunliffe, Andrew Roberts
Admissibility Compared: The Reception Of Incriminating Expert Evidence (I.E., Forensic Science) In Four Adversarial Jurisdictions, Gary Edmond, Simon Cole, Emma Cunliffe, Andrew Roberts
University of Denver Criminal Law Review
No abstract provided.
Confronting The Backdoor Admission Of Testimonial Statements Against An Accused: The Danger Of Expert Reliance On Inadmissible Information, Sarah E. Stout
Confronting The Backdoor Admission Of Testimonial Statements Against An Accused: The Danger Of Expert Reliance On Inadmissible Information, Sarah E. Stout
University of Denver Criminal Law Review
No abstract provided.
Right To Counsel Vs. Right To A Speedy Trail: How The Public Defender Crisis Is Causing A Sixth Amendment Conflict, Conor R. Mccullough
Right To Counsel Vs. Right To A Speedy Trail: How The Public Defender Crisis Is Causing A Sixth Amendment Conflict, Conor R. Mccullough
University of Denver Criminal Law Review
No abstract provided.