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Islands Of Inequality: The Fourteenth Amendment's Reach After Vaello Madero, Sigrid Vendrell-Polanco

Denver Law Review

The Supreme Court’s 2022 decision in United States v. Vaello Madero has reignited discussions about the application of the Fourteenth Amendment’s Equal Protection Clause to residents of U.S. territories. This Article examines how the ruling, which upheld the exclusion of Puerto Rico residents from the Supplemental Security Income (SSI) program, reflects and reshapes the constitutional relationship between the federal government and territorial inhabitants. Although the Court said it was not “irrational” for Congress to exclude Puerto Rico (applying only “rational basis” review), that very ruling underscored a longstanding tension: U.S. citizens in the territories do not receive the same constitutional …

Vol. 102, No. 4: Full Issue, Denver Law Review

Denver Law Review

No abstract provided.

Revisiting Section 2 And The Electors Clause: On The Right Of The People To Choose Presidential Electors, Mark Bohnhorst

Denver Law Review

Recent scholarship argues that Section 2 of the Fourteenth Amendment protects the people’s right to elect presidential electors. This Article offers fresh perspectives both on Section 2 scholarship and on the underlying history of the Electors Clause. It begins with a review of modern interpretations of the Fourteenth Amendment. It then summarizes the author's recent research into the text and structure of the Electors Clause and its ratification. It also offers new perspectives on consequential debates over the constitutionality of legislative election that began in 1800 and ended in 1826. When Section 2 was drafted in June 1866, the popular …

Equality And Protection: The Forgotten Meaning Of The Fourteenth Amendment, David H. Gans

Denver Law Review

At the heart of the Fourteenth Amendment’s Equal Protection Clause are two fundamental principles: equality and protection. Tragically, the Supreme Court has read one of these two principles—protection—out of our foundational charter. While the Justices repeatedly invoke the textual promise of equal protection, their precedent turns a blind eye to the constitutional command of protection and the idea that, in return for allegiance, the government owes its citizenry protection. Until the Supreme Court takes seriously the right to protection embedded in the Fourteenth Amendment, its jurisprudence will continue to be deeply flawed. As the text and history laid out in …

Bostock And The Limits Of Textualism: A Doctrinal Structuralist Approach, Martin J. Katz

Sturm College of Law: Faculty Scholarship

In Bostock v. Clayton County, the Court held that Title VII prohibits discrimination based on sexual orientation or gender identity. This result, the majority claimed, was required by the interpretive theory called textualism. But textualist justices in the dissent vehemently disagreed. This split, and the controversy that has followed it, has had two consequences. First, it added fuel to the ongoing debate about the value of textualism. Second, it opened the door for lower courts to decline to apply Bostock to similar antidiscrimination laws, such as Title IX in education or the Equal Protection Clause (such as the Skrmetti case, …

Gang Violence And Pacification In Ecuador: Comparing Trends In Guayaquil And Duran 2008-2024, Mason Alexandra Rothenberger

Undergraduate Theses, Capstones, and Recitals

Why has there been a dramatic increase in gang violence in Ecuador beginning in 2020? Cities like Guayaquil and Duran in the coastal region of Ecuador, as well as the border region that Ecuador shares with Colombia have experienced significant increases in criminal activity and with it a rise in criminal violence. I review four hypotheses for why criminal violence has emerged and proliferated within Ecuador. Analysis of primary interviews with subject matter experts in Ecuador shows that the rise in violence resulted from the 2007 efforts to reintegrate gangs into society, which set the stage for fragmentation of gangs …

Bridging The Gap Between Muslim Students And School Leadership In The United States, Sahar Khawaja

Electronic Theses and Dissertations

Entering the third decade of the 21st century, the political landscape in the United States presents a challenging environment for Muslims, mirroring the global trend of oppression and discrimination faced by this community (Neptune, 2021). Despite being the fastest-growing demographic in the nation (Lipka, 2017), Muslim Americans increasingly encounter discrimination. By actively addressing and dismantling these stereotypes, educators can cultivate an inclusive environment where the needs of Muslim students are understood and respected. Understanding the stories and experiences of these students is vital for school leaders, as it enables the creation of an environment where every student feels a genuine …

Value-Based Healthcare Reimagined: A Mixed-Methods Study On Behavioral Health Clinicians' Perspectives, Amanda L. Strickland

Electronic Theses and Dissertations

This study explores how behavioral health clinicians perceive Value-Based Healthcare (VBHC), a model designed by Porter and Teisberg (2006) to improve outcomes relative to costs. While widely promoted in healthcare reform, VBHC poses unique challenges when applied to behavioral health settings. Using an explanatory mixed-methods design, this study first assessed clinicians’ awareness of VBHC through a survey of 23 licensed clinicians at a Community Mental Health Center (CMHC) in Colorado. Quantitative findings revealed that one-third of participants were aware of VBHC with awareness differing by role prompting further exploration in a qualitative phase. Semi-structured interviews with eight clinicians provided deeper …

Examining Variations In The Kremlin’S Repression Of Non-Systemic Political Opposition Parties Under The Putin Regime, Brock B. Anderson

Undergraduate Theses, Capstones, and Recitals

What factors illustrate the differences in how the Kremlin under President Vladimir Putin responds to non-systemic political opposition groups in Russia? While existing literature on political opposition theory is expansive, more research specifically addressing contemporary Russian opposition forces is necessary. In particular, it is useful to zoom in on specific non-systemic opposition parties within Russia, as opposed to the customary method of using countries holistically as cases (Kubát 2010; Helms 2023; Eckstein 1967; Taylor 1988) . As such, my research seeks to demonstrate the value of appropriate theoretical frameworks to understand and measure individual non-systemic opposition parties’ actions and subsequent …

The Empirical Double Standard: Opinion Surveys Across The Civil-Criminal Divide, Kay L. Levine, Bernard Chao

Sturm College of Law: Faculty Scholarship

Across different legal domains, liability doctrines recognize the value of community input. But do courts truly listen to the community's voice when deciding these sorts of cases? This study is the first to explore how courts treat community opinion survey evidence across both civil and criminal law. To that end, we comprehensively examine trademark, false advertising, patent, antitrust, obscenity, death penalty, and Fourth Amendment search cases.

Our research uncovers a significant asymmetry: courts readily admit survey evidence in civil proceedings but systematically exclude it in criminal cases. This asymmetry does not appear to stem from structural differences between civil and …

Epr Imaging Workshop: From Theory And Practice To Applications, Arthur H. Heiss, Ralph T. Weber, Sandra S. Eaton, Gareth R. Eaton

TeachEPR Submissions

Methods of imaging and insights from imaging are described. Practical aspects of sample type and dimensions are described.

Workshop presented at the 27th International EPR Symposium, sponsored by Bruker BioSpin EPR Division and the University of Denver, in Denver, Colorado on August 1, 2004.

Not Demented Enough: Dementia And Competency To Stand Trial, Rashmi Goel

Sturm College of Law: Faculty Scholarship

Although competency to stand trial holds a vaunted position among the due-process rights in our criminal justice system, its current application is a mere shadow of the original promise articulated in Dusky v. United States. The competency-to-stand-trial requirement is supposed to protect the mentally ill and the mentally impaired from criminal trial, but the requirement has been continually chipped away, both doctrinally and practically. As a result, it no longer protects the most vulnerable. People with dementia, most often elderly with cognitive impairments, face a perilous ordeal when caught in the criminal justice system. And, as dementia rates increase, more …

Consumer Protection And The Illusory Promise Of The Unconsciounability Defense, Benjamin C. Zipursky, Zahra Takhshid

Sturm College of Law: Faculty Scholarship

The United States Supreme Court’s notorious decision in AT&T Mobility LLC v. Concepcion seems to display impatience with the idea of an unconscionability defense to the enforcement of a contract. At the core of Justice Antonin Scalia’s opinion, however, was not an argument against the idea of unconscionability per se, but an argument against using “unconscionability” as a cover for a broader public policy agenda. This interpretation is confirmed by the Court’s little-known decision in Marmet Health Care Ctr., Inc. v. Brown, handed down the term after Concepcion was decided. Plaintiffs were allowed to move forward in Marmet because the …

Think Globally And Act Locally: Collaboration Across Borders To Address Climate Change, Allan T. Marks

Denver Journal of International Law & Policy

Climate change is a global challenge. International cooperation is essential yet insufficient. This tension is evident in negotiations of international climate agreements and at global climate conferences. In this context, it is worth asking why international law has so far failed sufficiently to address the global challenge of climate change and whether other types of cross-border collaboration can fill the void. Economic, political, and social factors inhibit accelerated and coordinated responses to climate challenges. The scope and direction of climate mitigation and adaptation are uneven, especially in the energy transition. The failure to reduce greenhouse gas emissions fast or far …

Education Is Not A Commodity – It Is A Human Right, Barbara Stark

Denver Journal of International Law & Policy

America has embraced neoliberalism, and virtually everything that is tangible—and much that is not—has been commodified. Natural resources once thought of as ‘free,’ such as water, have been packaged and branded. ‘Value’ is routinely conflated with ‘cost.’ This article explains why education should not be regarded as a commodity, but as an internationally recognized human right. Like the right to free speech, it should be free and meaningful. It should be a national priority. The United States does not recognize education as a human right. If it did, public education in this country would probably be in better shape. Equally …

Vol. 28, No. 1: Masthead, Water Law Review

Water Law Review

No abstract provided.

Vol. 28, No. 1: Full Issue, Water Law Review

Water Law Review

No abstract provided.

Lithium Mining In Chile: Assuring Water Resources' Sustainability, José Manuel Cortés Leighton

Water Law Review

No abstract provided.

Promoting International Criminal Justice In Korea: A Korean War Crimes Tribunal?, John M. B. Balouziyeh

Denver Journal of International Law & Policy

Since the Korean Armistice Agreement was signed between representatives of United Nations Command, the Korean People’s Army, and the Chinese People’s Volunteer Army in 1953, tensions have run high on the Korean Peninsula. North Korea has time and again threatened an invasion of South Korea and has issued warnings to South Korea that, if provoked, it would not hesitate to use nuclear missiles and chemical weapons against its southern neighbor. Both the threat of an invasion and the deployment of weapons of mass destruction leave open an important question in the event of an armed conflict on the Korean Peninsula: …

The Shift Towards Resilience: Disaster Risk Reduction (Drr) In The International And Regional Legal Frameworks, Eleni Polymenopoulou, Flavia Zorzi Giustiniani

Denver Journal of International Law & Policy

This article provides an overview of the legal framework applicable in the event of disasters, with an emphasis on resilience and disaster risk reduction (DRR). It provides an overview of the emergence and nature of International Disaster Law (IDL), and the inclusion of DRR in this context. It further explores the array of international and regional standards applicable in the event of disasters, including the International Law Commission (ILC) Draft articles and recent efforts in the context of the European Union (EU) and South-East Asia for a more concerted approach. The chapter further provides examples from the practice of international …

Parallel Proceedings In International And Domestic Courts On Protecting The Environment: Challenges And Opportunities, Milena Sterio

Denver Journal of International Law & Policy

This Article analyzes international and regional court cases and requests for advisory opinions regarding the scope of states’ obligations under international law to protect the environment and mitigate the effects of climate change. In fact, such cases have been decided, or are pending, before the International Court of Justice, the European Court of Human Rights, the Inter-American Court of Human Rights, and the International Tribunal for the Law of the Sea. In addition, similar cases have been litigated before domestic jurisdictions, in the courts of the United States, Germany, and Colombia. These cases–parallel proceedings–have the potential to clarify the scope …

Human Rights At The Crossroads: Abortion Access And Gender-Affirming Care In The United States Through An International Legal Lens, Zane Mcneill

Denver Journal of International Law & Policy

The reversal of reproductive and transgender rights in the United States represents a watershed moment for human rights activism. This note examines the intersection between abortion access and restrictions on gender-affirming care through the lens of international law and argues that the double-barreled attack on bodily autonomy violates enshrined human rights norms. It analyzes how international legal frameworks—specifically sexual rights, the right to health, and anti-torture protections—can counter the dismantling of these essential healthcare services. While international law has long reinforced a gender binary that excludes transgender people, new interpretations provide opportunities for advancing inclusive protections. With the analysis of …

Litigating For The Planet: How International Courts And Tribunals Converge And Diverge On Climate Change, Paul R. Williams, Greta Ramelli, Ryan Jane Westlake

Denver Journal of International Law & Policy

As the global community faces mounting repercussions of climate change and a narrowing timeline to avert irreversible environmental harm, the role of international law in climate change litigation has become increasingly critical. In recent years, hundreds of climate change cases have been filed against governments and corporations before domestic courts. The year 2023 marked an unprecedented rise in the engagement of international and regional courts with climate issues. Notably, the European Court of Human Rights and the International Tribunal of the Law of the Sea recently expressed their views on the scope of state obligations concerning climate change under the …

Vol. 53, No. 2: Full Issue, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

Colorado, Caroline Day, Nathaniel Behl

Water Law Review

No abstract provided.

Negating Democratic Consent: How The Colorado Supreme Court Has Nullified Colorado Constitutional Limits On Taxes, Debt, And Corporate Privilege, David B. Kopel

Denver Law Review

The Constitution of the State of Colorado strictly limits the Colorado government’s power to impose taxes and incur debt, including by requiring voter approval of higher taxes and new debt. Government debt must be approved by taxpayers and is subject to a debt cap, with a time limit of fifteen years for construction debt. The Colorado constitution also forbids governments to grant special privileges to businesses. For example, governments may not pledge their credit to benefit corporations, may not otherwise go into business with corporations, may not enact special laws for the benefit of a particular business, may not give …

Vol. 102, No. 2: Table Of Contents, Denver Law Review

Denver Law Review

No abstract provided.

The Tenth Circuit's Blueprint For Minimizing En Banc Rehearings, Steven M. Foster Jr., Anthony R. Guttman

Denver Law Review

The Tenth Circuit is known for two things: its collegiality and its downward trend of en banc rehearings. Recognizing this trend, two Tenth Circuit judges recently outlined in the Denver Law Review “best practices” for submitting en banc petitions. In response, some scholars propose that this practitioner’s guide is not worth the read because of the larger problem at hand. Namely, they predict that even with better petitions, the Tenth Circuit will remain unwilling to rehear cases en banc, thereby decreasing intracircuit uniformity. But this prediction overlooks key factors driving the trend. This Response accounts for one contributing factor—collegiality—causing the …

The Tenth Circuit's Nuanced Approach To Administrative Exhaustion Of Constitutional Claims, Yonatan Gelblum

Denver Law Review

The Tenth Circuit is typically more reluctant than most other courts of appeals to treat constitutional claims differently from nonconstitutional claims for purposes of administrative exhaustion. Consequently, the Tenth Circuit is less likely to exempt constitutional claims from exhaustion mandates. The Tenth Circuit usually requires litigants to raise these claims before a responsible agency prior to seeking relief in court, absent a particularized showing of undue burden or futility. Notably, despite the Supreme Court’s recent disparagement of administrative exhaustion of constitutional challenges to agency structure in Axon v. FTC and Carr v. Saul, the Tenth Circuit recently reaffirmed the continuing …

"Recognize Me As Who I Am": Names, Pronouns, And The Intersection Of Title Vii And Title Ix, Ariell Bachman

Denver Law Review

In 2020, the Supreme Court decided Bostock v. Clayton County, a case about Title VII of the Civil Rights Act of 1964. Bostock interpreted Title VII to prohibit employers from using an employee’s sexual orientation or gender identity in adverse employment decisions. Many federal circuit courts and the U.S. Department of Education (DOE) have used Bostock’s reasoning to conclude that Title IX of the Educational Amendments of 1972 prohibits schools from treating a student adversely based on that student’s sexual orientation or gender identity. However, many states and school districts have mandated the intentional use of the incorrect name and …