Digital Commons Network^™

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 …

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

Denver Law Review

No abstract provided.

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 …

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 …

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 …

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.

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 …

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 …

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

Water Law Review

No abstract provided.

Vol. 27, No. 2: Full Issue, Water Law Review

Water Law Review

No abstract provided.

United States Supreme Court, Alexander Inskeep

Water Law Review

No abstract provided.

A Tribal-State Water Compact? Exploring Tribal And State Sovereign Authority, With Congressional Consent, To Quantify Tribal Water Claims, Josh Mann

Water Law Review

No abstract provided.

United States Court Of Appeals For The Tenth Circuit, Jonah Karls

Water Law Review

No abstract provided.

New Mexico, Jonah Karls

Water Law Review

No abstract provided.

Amnesty Law And The State’S Obligation To Prosecute Serious Crimes: The Case Of Lebanon, Mireille Rebeiz

Denver Journal of International Law & Policy

According to the Amnesties, Conflict, and Peace Agreement dataset, 320 amnesties were adopted in the context of armed internal and international conflicts to military coups, civil unrest, and political crises since 1990: 75% of amnesties adopted were related to conflict, and 49% of peace agreements adopted in the same period included amnesty provisions.

These high numbers clearly indicate that amnesties are not a legal tool of the past, and that they continue to be widely used especially in the Global South.

In the context of transitional justice, they may be negotiated to end violence or help move from an authoritarian …

Silala: A Missed Opportunity To Define The Equitable Utilitization Right?, Agnes Chong

Denver Journal of International Law & Policy

The Silala case was brought by Chile against Bolivia at the International Court of Justice (ICJ) in 2016 over conflicting views of their respective substantive rights and obligations pertaining to the shared waters of the Silala River system. However, the outcome was far less than ideal, with the ICJ effectively deciding nothing about the dispute. The Court presumed the dispute had ‘disappeared’ as the parties converged on their positions mid-proceedings. Thus, the Court concluded it was not called to make a decision as there was no longer any object in the claims of the parties. Unfortunately, the Court presumed the …

Vol. 53, No. 1: Full Issue, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

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 …

Legitimacy Of International And Hybrid Criminal Tribunals: Political, Normative, Economic, And Sociological Perspectives, Suhong Yang

Denver Journal of International Law & Policy

This article examines the legitimacy of international and hybrid criminal tribunals that try atrocities crimes in post-conflict situations. It addresses legitimacy from political, normative, economic, and sociological perspectives. Political legitimacy focuses on the creation of authority. Normative legitimacy emphasizes the criteria for justifications, considering justice, independence, fairness, legality, and effectiveness as metrics. Economic legitimacy explores the cost, i.e., time and money, to address cases, as delayed or expensive justice suffers. Sociological legitimacy reflects the acceptance of the institution by the public, focusing on audiences’ perceptions of legitimacy. Multi-layered audiences make determinations about an institution’s legitimacy based on their cognitions, which …

Outbidding With Ontology: Routine, Rebel Justice, And The Competition For Legitimacy, Patrick A. Schmidt

Electronic Theses and Dissertations

Civil wars upset the everyday routines and relationships of ordinary people. Though recent research into civil wars has significantly increased the degree of study into non-conflict activities of rebel groups, particularly in rebel governance, rebel groups have not yet been seen as ontological security providers, capable of developing and reinstating some form of normalcy for civilian populations. This thesis seeks to promote this view of rebel groups, theorizing that rebel justice systems serve as a distinct space for insurgents to routinize interactions with civilians and signal their desire and ability to serve as capable providers of ontological security. Further, I …

The Lumbee Tribe And Mmiwg2s: How A Crisis Hides Behind Unreported Data, Daniel Oxendine

Electronic Theses and Dissertations

The Missing and Murdered Indigenous Women, Girls and Two-Spirit (MMIWG2S) crisis has existed since European settlers first came to the continent and has the potential to affect all Indigenous communities in the United States (Schilling 2018). Despite what federal data shows, I argue that the MMIWG2S crisis affects the Lumbee Tribe based on conversations on MMIWG2S that are coming from the Lumbee community. The primary objective of this thesis research project has been to conduct exploratory research through a case study to understand how the MMIWG2S crisis affects the Lumbee Tribe of North Carolina. I use the critical lenses of …

(Dis)Invested Bodies: The Neoliberal Crafting Of Disability, T. Wesley

Electronic Theses and Dissertations

Using the Americans with Disabilities Act (ADA) as a unifying text, my dissertation explores the relationship between cultural production and the neoliberal crafting of humanity, the term I use to describe how social dimensions—including the construction of the textual and material body—become reorganized and governed through market relations. While many disability scholars and activists frame the ADA’s failures through social misunderstandings of disability, few have seriously attended to the limits of the ADA as a neoliberal fusing of economic governance and classical liberal individualism.

Tracing convergences between the ADA and earlier US disability legislation to socioeconomic and political reforms enacted …

Unraveling The Role Of Hid-1: Insights Into Sgii Regulation, Breanna L. Sellers

Electronic Theses and Dissertations

The regulated secretory pathway is important for the secretion of hormones and neuropeptides from large dense core vesicles (LDCVs). Dysregulation of the biogenesis of LDCVs can result in metabolic and neurological diseases. Recent studies have suggested that the peripheral membrane protein HID-1 plays a role in the sorting and storage of granins which contribute to LDCV biogenesis. To further understand how HID-1 influences the regulation of granins, we investigated potential HID-1 interactors. We determined that while HID-1 is likely functioning in the same pathway as USP25, a deubiquitinating enzyme (DUB), the cause of reduced cellular SgII levels is likely not …