Digital Commons Network^™

The Impact Of Walker's Government Speech Extension On Public Transit Advertising, Catherine R. Rodgers

Transportation Law Journal

No abstract provided.

Due Process As Consumer Protection: State Remedies For Distant Forum Abuse, Alan K. Chen

Sturm College of Law: Faculty Scholarship

For nearly two decades consumer protection laws have grown tremendously, with a corresponding expansion in the range of activities which fall within the scope of such laws. From the earliest notions of common law fraud in simple sales transactions has evolved a conglomeration of statutes, administrative rules and case law which is directed at the protection of the consumer from the point of initial solicitation or advertising to the post-sale matters of debt collection. Of particular interest in past years has been a common method of collecting allegedly overdue consumer debts which involves thecreditor, who may often be the seller …

Aging In Place: Perceptions Of Older Adults On Low Income Housing Waitlists, Angela L. Lavery

Electronic Theses and Dissertations

Many American older adults with low incomes wait years for affordable housing or housing assistance. Insight is needed on the concerns of older adults who need to move but cannot. In addition, within the study of aging in place, there is a paucity of research regarding older adults with low incomes. The purpose of this study was to explore the perceptions and experiences of aging in place from the perspective of older adults with low incomes, and to understand the process in making the decision to move to agesegregated housing. The purpose incorporated an examination of potential oppressive factors that …

Teaching For Change: How The Legal Academy Can Prepare The Next Generation Of Social Justice Movement Lawyers, Alexi Freeman

Sturm College of Law: Faculty Scholarship

The call for “practice ready” lawyers has been heard loud and clear across the country. Legal education has overwhelmingly responded to that call, finding ways to help students gain more practical experience and better understand what it actually looks like to be a lawyer. Students intending to practice “social justice movement lawyering,” however, have been largely ignored, albeit with some notable exceptions. But, working in partnership to build the power of low-income communities of color and effect long-term social change requires distinct training and distinct framing.

This article proposes ways in which the legal academy can better prepare the next …

0650 Colorado Legislator's Handbook, Colorado Legislative Council

All Publications (Colorado Legislative Council)

No abstract provided.

Immigration Detention In The Rocky Mountain West: Can Emerging Models Of Reform Solve Our Regional Problem?, Lisa Graybill, Charanya Krishnaswami

Denver Law Review

No abstract provided.

Biglaw Identity Capital: Pink And Blue, Black And White, Eli Wald

Sturm College of Law: Faculty Scholarship

This Article advances a new capital framework for understanding the bargain between large law firms and their lawyers, depicting BigLaw relationships not as basic labor-salary exchanges but rather as complex transactions in which large law firms and their lawyers exchange labor and various forms of capital — social, cultural, and identity. First, it builds on the work of Pierre Bourdieu regarding economic, cultural, symbolic, and social capital by examining the concepts of positive and negative capital, exploring the meaning of capital ownership by entities, and developing the notion of identity capital — the value individuals and institutions derive from their …

Three Dichotomies In Lawyers’ Ethics (With Particular Attention To The Corporation As Client), Stephen Pepper

Sturm College of Law: Faculty Scholarship

Three usually unexpressed, and too often unnoticed, conceptual dichotomies underlie our perception and understanding of lawyers’ ethics. First, the existence of a special body of professional ethics and professional regulation presupposes some special need or risk. Criminal and civil law are apparently insufficient. Ordinary day-to-day morality and ordinary ethics, likewise, are not considered to be enough. What is the risk entailed by the notion of a profession that is special; who needs protection, and from what? Two quite different possible answers to this question provide the first of the three dichotomies examined in this article: one can understand the risk …

A Fair Day's Wages: Liberty, Legality, And Liability Among Denver's Day Laborers, Camden Ryan Bowman

Electronic Theses and Dissertations

Day laborers occupy an essential position in Denver’s booming construction industry. Day laborers make up a highly flexible, highly effective workforce able to respond to market changes. For day laborers, informal day-labor gathering points provide increased control over working hours and employee-employer relationships when compared to traditional wage labor. Still, recent legislation and policies around irregular migration has forced large numbers of workers who may have benefited from the stability of full-time regular employment into the informal sector. The day laborers’ flexibility also exposes them to employers constantly inventing ways to deny them the wages and benefits they are owed. …

Difference Blindness Vs. Bias Awareness: Why Law Firms With The Best Of Intentions Have Failed To Create Diverse Partnerships, Russell G. Pearce, Eli Wald

Sturm College of Law: Faculty Scholarship

This Article uses the example of BigLaw firms to explore the challenges that many elite organizations face in providing equal opportunity to their workers. Despite good intentions and the investment of significant resources, large law firms have been consistently unable to deliver diverse partnership structures - especially in more senior positions of power. Building on implicit and institutional bias scholarship and on successful approaches described in the organizational behavior literature, we argue that a significant barrier to systemic diversity at the law firm partnership level has been, paradoxically, the insistence on difference blindness standards that seek to evaluate each person …

In-House Risk, Eli Wald

Sturm College of Law: Faculty Scholarship

Over the last thirty years or so, as the number of in-house counsel rose and their role increased in scope and prominence, increased attention has been given the various challenges these lawyers face under the ABA Model Rules of Professional Conduct, from figuring out who is the client the in-house lawyer represents, to navigating conflicts of interest, maintaining independence, and engaging in a multijurisdictional practice of law. Less attention, to date, has been given to business risk assessment, perhaps in part because that function appears to be part of in-house counsel’s role as a business person rather than as a …

Understanding The Costs Of Experiential Legal Education, Martin J. Katz

Sturm College of Law: Faculty Scholarship

Law schools across the country are under pressure to do two seemingly contradictory things. First, we must do a better job of preparing our graduates for practice. Most commentators, including me, believe that this requires law schools to increase the quantity and quality of experiential education we provide. At the same time, law schools are under pressure to control costs. If we do not do so, we risk pricing a large and growing segment of the population out of our market. Can law schools meet both of these mandates simultaneously? The received wisdom seems to be that experiential education is …

Trademark Laundering, Useless Patents, And Other Ip Challenges For The Marijuana Industry, Sam Kamin, Viva Moffat

Sturm College of Law: Faculty Scholarship

Marijuana law is changing rapidly in the United States today – since 1996, 23 states and the District of Columbia have legalized medical marijuana and five jurisdictions have made marijuana legal for all adults. Because marijuana remains a prohibited substance under federal law, however, the states are significantly limited in their ability to control marijuana policy within their borders. For example, because banking is regulated by the federal government, state-licensed marijuana businesses cannot gain full access to banking services; because bankruptcy is a federal benefit, it is unavailable to those involved in the business of violating federal law.

This article …

Legitimizing Bankruptcy Petition Preparers: A Sociolegal Prescription For Change, 89 American Bankruptcy Law Journal 269 (2015) (Peer-Reviewed Journal), Michael D. Sousa

Sturm College of Law: Faculty Scholarship

Individuals who need to file for bankruptcy often find themselves confronted with the very real dilemma of desperately needing financial relief on the one hand and affording the high costs of accessing the bankruptcy law system on the other. The decision to resort to bankruptcy comes at a financially precarious time in most peoples’ lives and often after an exogenous life event pushes them over the financial precipice. Given that many consumer debtors come from the lower middle class and working class, many have a difficult time finding the funds to pay for the necessary access costs, most notably, attorney …

Access To Justice & Tribal Water Rights, James Tilton

Water Law Review

No abstract provided.

Counsel For The Divorce, Rebecca Aviel

Sturm College of Law: Faculty Scholarship

This article challenges the legal profession's foundational assumption that legal services must be delivered in an adversarial posture, with lawyers compelled to engage in robust partisan advocacy on behalf of their clients' individualized interests. This narrow conception of the lawyer's role is particularly inapt in family law because many divorcing spouses actually seek joint counsel, understanding that they have profound shared interests in minimizing transaction costs, maximizing the value of the marital estate, and reducing the hostility and animosity that are so harmful to children. Couples who wish to advance these interests by retaining joint counsel are poorly served by …

0637 Colorado Legislator's Handbook, Colorado Legislative Council

All Publications (Colorado Legislative Council)

No abstract provided.

Pricing Clinical Legal Education, Robert R. Kuehn

Denver Law Review

No abstract provided.

Alternative Litigation Finance And The Attorney-Client Privilege, Grace M. Giesel

Denver Law Review

No abstract provided.

Vol. 92, No. 1: Full Issue, Denver University Law Review

Denver Law Review

No abstract provided.

The Jewish Law Firm: Past And Present, Eli Wald

Sturm College of Law: Faculty Scholarship

The rise and growth of large Jewish law firms in New York City during the second half of the twentieth century was nothing short of an astounding success story. As late as 1950, there was not a single large Jewish law firm in town. By the mid-1960s, six of the largest twenty law firms were Jewish, and by 1980, four of the largest ten prestigious law firms were Jewish firms. Moreover, the accomplishment of the Jewish firms is especially striking because, while the traditional large White Anglo-Saxon Protestant law firms grew at a fast rate during this period, the Jewish …

What's Money Got To Do With It?: Public Interest Lawyering And Profit, Kathryn A. Sabbeth

Denver Law Review

No abstract provided.

Review Of “The Bookless Library,” New Republic, Ellen Mackey

Collaborative Librarianship

No abstract provided.

Experiential, Modern Learning And Community Service At Their Best, Lucy Marsh

Denver Law Review Forum

No abstract provided.

Why Civil Gideon Won't Fix Family Law, Rebecca Aviel

Sturm College of Law: Faculty Scholarship

This Essay explains why we should hesitate before throwing full support behind a civil Gideon initiative for family law, regardless of how wholeheartedly we embrace the proposition that parental rights are as important as physical liberty. The comparable importance of these interests does not necessarily mean that custody disputes should have the same procedural character as criminal matters, as becomes evident upon exploring some of the social, emotional, and structural qualities that differentiate the two contexts. Enhancing access to justice in family law requires that we design custody dispute resolution systems that honor the constitutionally significant interests at stake while …

Let Them Help, Timothy Garvey

Denver Law Review Forum

No abstract provided.

0623 Colorado Legislator's Handbook, Colorado Legislative Council

All Publications (Colorado Legislative Council)

No abstract provided.

Facilitating Better Law Teaching – Now, Martin J. Katz

Sturm College of Law: Faculty Scholarship

This Essay is about solutions—real solutions that law schools can deploy right now to improve the education we provide. And it is about how to overcome obstacles to implementing those solutions right now. This is how change happens.

The Role Of Private International Financial Capital Flows In Support Of Development For Emerging Market Countries, Jason Victor Reuter

Electronic Theses and Dissertations

Economic growth and development are critical issues for emerging market economies as they seek increase their standards of living. Financial globalization, innovation and international financial capital flows are prominent factors influencing macroeconomic stability and the pace of growth and development around the globe. This dynamic has become even more pronounced since the Asian Financial Crisis at the end of the 1990s and the Global Financial Crisis starting in 2008. In the wake of these two global economic events, the need for reflection on the drivers of growth and development as well as impediments to these activities is warranted. This thesis …

Personal Memoir: Judge William E. Doyle And Governor Ralph L. Carr; Peers For Equal Justice, Gregory J. Hobbs Jr.

Denver Law Review

No abstract provided.