Digital Commons Network^™

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 …

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

Denver Journal of International Law & Policy

No abstract provided.

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

Water Law Review

No abstract provided.

Vol. 28, No. 1: Masthead, 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.

Colorado, Caroline Day, Nathaniel Behl

Water Law Review

No abstract provided.

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. 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 …

Vol. 102, No. 2: Full Issue, Denver Law Review

Denver Law Review

No abstract provided.

Public Health Emergencies And The Second Amendment, Amy Swearer, Paul J. Larkin

Denver Law Review

For many decades, gun control advocates, hoping to shift the terms of the debate to more favorable terrain, have argued that gun violence should be viewed primarily through the lens of public health. In September 2023, New Mexico Governor Michelle Lujan Grisham and New Mexico Secretary of Health Patrick Allen pushed that rationale to its extreme and beyond. Under the auspices of the state’s public health emergency laws, they issued an executive order and agency directive that effectively eliminated the right of ordinary citizens to bear arms in public in the state’s most populous county. That attempt to circumvent 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 …

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 …

Victim Impact Statements In Mass Tort Bankruptcy Cases: Balancing Chapter 11'S Proceduralism With Tort Law's Commitment To Nonmonetary Recovery, Julia Boccagno

Denver Law Review

Bankruptcy has evolved into tortfeasors’ choice of law for resolving mass tort litigation. The United States Bankruptcy Code is equipped with procedural devices designed to maximize litigants’ financial recovery and enhance judicial efficiency. Although bankruptcy procedures aim to resolve widespread liability and open the courthouse doors to litigants who may not otherwise recover, they simultaneously overlook the nonmonetary and dignitary objectives underlying tort law. This Note uses the Supreme Court’s recent decision in Harrington v. Purdue Pharma—a high-profile example of mass tort litigation resolved through bankruptcy—to examine the extent to which bankruptcy procedures are unable to fulfill the nonmonetary objectives …

"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 …

We’Re Not In Texas Anymore: Archaeological Investigations In Historic Dallas, Colorado, Tristan Newberry-Cushman

Electronic Theses and Dissertations

This work is the product of an archaeological investigation of the former townsite of Dallas, Colorado. Archival research, drone photography, shovel test pits (STPs), and a test excavation unit were employed to learn more about how the people of Dallas lived, and how they interacted with national systems. Probabilistic and purposive sampling were used to collect data, and both quantitative and qualitative analysis were performed. The goal of this research was to determine which theoretical model best explains how Dallas was connected to national cultural and economic systems.

Investigating The Role Of Tetherin Protein In Multivesicular Bodies Fusions In Lung Cancer Cells, Md. Rakib Miah

Electronic Theses and Dissertations

Cells rely on the secretion of exosomes to communicate with one another and this process is potentially mediated by a protein called tetherin, which anchors exosomes to the cell surface to limit their spread. Tetherin protein has attracted a lot of attention because of its capacity to hinder the propagation of viruses by attaching virions to the surface of host cells. Treatment with interferon-alpha (IFNα) increases the production of tetherin, although it is not known how this affects tetherin localization and exosome-mediated communication. This thesis looks at how the expression of tetherin, which IFNα boosts, affects the dynamics of intercellular …

Phagolysosomes Break Down The Membrane Of A Non-Apoptotic Corpse Independent Of Macroautophagy, Shruti Kolli, Cassidy J. Kline, Kimya M. Rad, Ann M. Wehman

Biological Sciences: Faculty Scholarship

Cell corpses must be cleared in an efficient manner to maintain tissue homeostasis and regulate immune responses. Ubiquitin-like Atg8/LC3 family proteins promote the degradation of membranes and internal cargo during both macroautophagy and corpse clearance, raising the question how macroautophagy contributes to corpse clearance. Studying the clearance of non-apoptotic dying polar bodies in Caenorhabditis elegans embryos, we show that the LC3 ortholog LGG-2 is enriched inside the polar body phagolysosome independent of autophagosome formation. We demonstrate that ATG-16.1 and ATG-16.2, which promote membrane association of lipidated Atg8/LC3 proteins, redundantly promote polar body membrane breakdown in phagolysosomes independent of their role …

Reconceiving Corporate Rights And Regulation In The Ai Era, Michael R. Siebecker

Sturm College of Law: Faculty Scholarship

Can existing corporate governance principles properly guide the relationship between shareholders and directors as artificial intelligence (“AI”) plays an increasingly prominent role in corporate management, planning, and operations? Without a doubt, AI technologies allow corporations to enjoy enhanced efficiency and innovation. But the vast range of AI capabilities—from sophisticated data analytics to autonomous decision-making—raises profound questions about whether traditional governance principles remain sufficiently robust to cabin the proper development and deployment of such a powerful and rapidly evolving set of new technologies. Current corporate governance structures that focus on human actors and traditional business decision-making mechanisms seem ill-suited to address …

Preemption: Opportunities And Obstacles For Climate Adaptation, Kevin J. Lynch

Sturm College of Law: Faculty Scholarship

As high-level warming becomes more common, it is critical for human society to respond effectively and forcefully to meet the many challenges coming our way. We have to be prepared for a 1.5- to 4-degrees Celsius (°C) increase in temperature.1 The scale of the coming change and the relatively short time frame in which it will occur both suggest that our society will need to respond in a highly coordinated and efficient way to best put our limited resources to work. This in turn will require all levels of government - local, state, regional, national, and international - to work …

Rate Convenants In Municipal Bonds: Selling Away Civil Rights And Fair Housing Goals, Jade A. Craig

Denver Law Review

State and local governments across the United States issue municipal bonds to raise capital to cover infrastructure projects. Jurisdictions issue revenue bonds to fund projects ranging from improvements to public utilities and toll roads to convention centers and retirement communities. These revenue bonds often include a rate covenant, a provision in which the local government issuer assures bondholders that the user fees the project raises will adequately service the debt. These covenants generally do not reserve state and local governments the right to lower rates in the public interest, nor do they impose a restriction on how high the rates …

Patent Invalidation Costs, Greg Reilly

Denver Law Review

Over the past decade, patent invalidation has become easier and more common. Because invalid patents fail the statutory requirements, should not have issued, and impose significant costs, many observers have celebrated this development. Yet an undercurrent of concern exists among scholars, patent system participants, and even Supreme Court Justices. Though sometimes motivated by the self-interest of patent owners, this concern partially reflects a legitimate problem: even properly invalidating a patent years after its issuance imposes costs on patent owners, costs that would not exist if the Patent Office had rejected the patent during examination. The costs of invalid patents are …

Facilitative Fair Use, Michael Mattioli

Denver Law Review

Recent generative artificial intelligence (AI) copyright lawsuits have ignited a crucial debate about the future of intellectual property. The technology involved is complex, but the essential conflict is simple: creators are trying to stop machines that are capable of imitating them from doing just that. These are familiar battle lines. From the loom to the first camera, inventions have long triggered anxieties about technology’s potential to displace artistry. Much of the commentary today focuses on AI’s potential to mimic creators, echoing these earlier concerns. However, this framing misses a key insight: AI is a powerful tool for widely facilitating the …

Safeguarding Children's Voices In Child Protective Proceedings, Stephanie L. Tang

Denver Law Review

In child protective proceedings, courts face the difficult task of determining the permanent placement of a child that promotes their well-being and safety, even if it means terminating their parents’ rights. Every year, authorities wrongfully and forcibly remove thousands of children from their families and homes. It is imperative that courts and attorneys adopt steps to provide children a voice and to guarantee children’s rights in these proceedings. Courts hear children’s preferences in child protective proceedings through four primary avenues: (1) appointment of a representative for the child, (2) direct in-court testimony, (3) in camera judicial interviews, and (4) admission …

Vol. 102, No. 1: Full Issue, Denver Law Review

Denver Law Review

No abstract provided.

Samia V. United States: The Ghost Of Sir Walter Raleigh Haunts Again, Rebekah S. Atnip

Denver Law Review

In Samia v. United States, the United States Supreme Court grappled with whether the admission of a nontestifying codefendant’s redacted confession that implicates a nonconfessing codefendant violates that nonconfessing defendant’s right to confront opposing witnesses. The Court’s majority framed this issue as a conflict between defendants’ rights and judicial economy and then declared judicial economy the winner. This resolution threatens to elevate governmental interests over defendants’ rights to face their accuser and to test opposing witnesses’ memory and sincerity. Moreover, and perhaps more importantly, in holding that introducing such a confession does not violate the Confrontation Clause, the Court endangers …

The Power Of Procedure: Uncovering The Gap In U.S. Privacy Rights, Bernard Chao, Mandi Abbott

Sturm College of Law: Faculty Scholarship

As Congress faces increasing pressure to adopt comprehensive privacy legislation, this article seeks to contribute to the ongoing discussions by exploring critical procedural deficiencies in U.S. privacy laws and their implications for both domestic privacy rights and international data flows. The article makes several key contributions to the field. First, it uses a comparative law perspective to highlight the lack of robust procedural rights and remedies in U.S. privacy law. Second, while many have questioned whether the Court of Justice for the European Union will strike down the latest US-EU Data Privacy Framework (the primary mechanism for allowing the transatlantic …

The Spirit Of International Investment Law And The Allocation Of Costs In Investor-State Arbitration, Noam Zamir

Denver Journal of International Law & Policy

This article discusses and clarifies the meaning and importance of the spirit of international investment law. It submits that the spirit of international investment law should guide the allocation of the costs of investor-state arbitrations.

The article then examines the treaty and arbitral cost allocation practices in investor-state arbitration. Among other things, it includes quantitative research of the international investment agreements (IIAs) adopted between 2016 and mid-2024. It shows that most IIAs are silent on the allocation of costs in investor-state arbitrations, leaving arbitrators with broad discretion to address this issue. Arbitrators have indeed exercised their discretion. The article demonstrates …

Vol. 27, No. 2: Masthead, Water Law Review

Water Law Review

No abstract provided.