Digital Commons Network^™

Transformative Use Test Cannot Keep Pace With Evolving Arts, Geoffrey F. Palachuk

Denver Sports & Entertainment Law Journal

No abstract provided.

The Failure Of The Professional And Amateur Sports Protection Act, Matthew D. Mills

Denver Sports & Entertainment Law Journal

For the last fifty years, the federal government has been aggressively battling illegal gambling by enacting legislation. The most recent act, The Professional and Amateur Sports Protection Act (PASPA), prohibits states from authorizing and licensing sports gambling. New Jersey recently challenged the constitutionality of PASPA, in NCAA v. Governor of N.J., where the Third Circuit held that nothing in PASPA offends the United States Constitution. Though New Jersey has appealed the Third Circuit's ruling to the United States Supreme Court, there has been no indication whether the Supreme Court will grant a writ of certiorari.

This Comment will explore the …

Growing Pains: Why Major League Soccer's Steady Rise Will Bring Structural Changes In 2015, Joseph Lennarz

Denver Sports & Entertainment Law Journal

No abstract provided.

Vol. 16, No. 1: Editor's Note, Nadin Said

Denver Sports & Entertainment Law Journal

No abstract provided.

The Legal Shift Of The Ncaa's Big 5 Member Conferences To Independent Athletic Associations: Combining Nfl And Conference Governance Principles To Maintain The Unique Product Of College Athletics, Connor J. Bush

Denver Sports & Entertainment Law Journal

The National Collegiate Athletic Association (NCAA) can no longer effectively govern big-time intercollegiate athletics. Since the 1984 Board of Regents decision, college athletics has grown exponentially, yet the NCAA still attempts to govern over 1,000 colleges and universities under a single organization. The "Big 5" college athletic conferences (ACC, Big Ten, Big 12, Pac-12, and SEC) have become more autonomous in recent years, independently negotiating lucrative media rights and post-season bowl agreements. Each conference has also adopted its own constitution and bylaws to effectively manage its unique product.

This Comment argues that the "Big 5" conferences should separate from the …

Circumventing The Nba's Salary Cap: The Summer Of Dwight, Christopher C. Kendall

Denver Sports & Entertainment Law Journal

No abstract provided.

Legal Liability For Sports Referees In Today's Litigious World - If You Can't Kill The Ump Then Sue Him, Marc T. Wolin, Robert D. Lang

Denver Sports & Entertainment Law Journal

No abstract provided.

Maryland Sports Law, Adam Epstein

Denver Sports & Entertainment Law Journal

No abstract provided.

Amateurism Interplay Between Olympic Excellence And Ncaa Eligibility, Tyler Dumler

Denver Sports & Entertainment Law Journal

No abstract provided.

Mma Negotiation, Garrick Apollon

Denver Sports & Entertainment Law Journal

No abstract provided.

Missed Exits: Causal Mechanisms Influencing Militarized Interstate Dispute Escalation In Latin America, Colton Arciniaga

Undergraduate Theses, Capstones, and Recitals

Research on militarized interstate disputes (MIDs) and the reasons for their escalation to interstate war is sparse at the global level and the regional level in Latin America. This thesis contributes new research on militarized interstate dispute escalation in Latin America. In this project, I ask: how do differences in conflict escalation indicators between states affect whether a Latin American country will participate in a Militarized Interstate Dispute that escalates to the use of force? To answer this question, I conduct a case study utilizing the most similar cases analysis approach to compare the cases of the 1995 MID between …

Vol. 101, No. 4: Table Of Contents, Denver Law Review

Denver Law Review

No abstract provided.

Vol. 101, No. 4: Full Issue, Denver Law Review

Denver Law Review

No abstract provided.

How Traditional Legal Rhetoric's Myth Of Neutrality Sustains Capitalism, Elizabeth E. Berenguer

Denver Law Review

Through the lens of critical and comparative rhetoric, this Article examines how traditional legal rhetoric—the dominant analytical framework employed in the United States legal system—sustains capitalism and preserves inequities, such as financial precarity. This Article identifies the features that traditional legal rhetoric shares with the free capitalist market and then uses those features as an analytical framework to examine two cases that align with the theme of this Symposium on financial precarity and late capitalism: Bank of America v. Caulkett and Citizens United v. FEC. Comparing these two cases, the Court uses the same analytical tools of traditional legal rhetoric, …

Monopoly Capital, Militarism, And Environmental Degradation, Daniel Auerbach, Brett Clark

Denver Law Review

Research within the natural and social sciences increasingly concludes that business as usual—economic growth—is leading to significant ecological disruption. Additionally, scholars have identified militaries as a significant driver of environmental degradation. Typically, these two social institutions are understood as being separate, but operating in relation, to each other. In this article, we focus on the interrelation and integration of the military and the economy through the rise of the military-industrial complex in order to illuminate the underlying logic that amplifies the environmental impacts of these institutions. More specifically, we assess how monopoly capital’s dynamics influence the development of military weapons …

The Long Shadow Of Food Lion, Knight First Amend. Inst. (May 31, 2024), Alan K. Chen

Sturm College of Law: Faculty Scholarship

This essay discusses the continuing shadow of Food Lion, Inc. v. Capital Cities/ABC, Inc., which looms over the efforts of journalists and, increasingly of other citizens, to engage in undercover investigations to discover and disseminate truthful information on matters of profound public concern. At a time when many impediments to freedom of the press have emerged, legal barriers to undercover investigations suppress a key newsgathering tool that was once an important part of the news media ecosystem. After describing the extensive litigation battle in the case, the essay argues that the decision continues to cast a chilling effect over journalists …

Utilizing Existing Postfeminist Framework To Explore A Sexualized Media Test Case: “Man Needs A Woman” By Maty Noyes, Nicole Doris

DU Undergraduate Research Journal Archive

Postfeminism is simply referred to as the most recent wave of feminism, but feminist scholars have failed to reach a standardized definition that recognizes the nuances of sexuality, media, and culture present within the field. This paper utilizes the postfeminist framework of two prominent feminist scholars: Rosalind Gill and Feona Attwood. Specifically, this paper draws from Gill’s interpretation of postfeminism and Attwood’s interpretation of the sexualization of culture and the overlap between the two theories. Rather than attempt to offer a concrete definition in such a rapidly evolving field, this paper offers a music video from a lesser-known pop artist, …

Passive Mechanical Properties Of Cardiac And Arterial Tissue: A Paired Comparison Study In A Calf Model, Ola Alsaadi, Jieyang Zhang, Masod Sadipour, Ali N. Azadani

DU Undergraduate Research Journal Archive

Purpose: The mechanical behavior of heart tissue plays a crucial role in elucidating cardiac physiology and pathophysiology. Accurate measurement of the mechanical properties of cardiac and arterial tissues is indispensable for advancing computer simulations and developing medical devices. This study aimed to assess the passive mechanical properties of cardiac and arterial tissue in a calf model using a paired comparison method.

Methods: A planar biaxial stretching device was used to determine the mechanical characteristics of 84 square specimens obtained from 14 different anatomical regions. Cauchy stress-Green strain curves were constructed for each anatomical area, and a Fung-type constitutive …

Studies Of Identity In Modernity: Literary, Phenomenological, And Psychoanalytic Approaches, Roarke K. Mcdonald, Angelo Castagnino

DU Undergraduate Research Journal Archive

This paper analyzes challenges to conventional notions of identity in Pirandello’s novel One, No One, and One Hundred Thousand, towards understanding new conceptions of meaning and identity in the early 20th century. The aim is to provide a multi-plural study in the Italian modernist tradition (1890-1945),with the goal of understanding how technological, industrial, and socio-geographical changes of the period were felt across a range of fields, and centered on new ideas of the self in society. A study of how Pirandello’s literary style addresses the complex socio-geographical climate of Italy and Europe in the early 20th century is put …

The Rocky Road To Statehood: Colorado Statehood And The Contested Election Of 1876, Matt Bergh, Susan Schulten

DU Undergraduate Research Journal Archive

This thesis will explore Colorado’s path to statehood. It begins with a summary of the election of 1876 to set up the research question: why did Colorado, a Republican-territory, become a state in a critical election year when the Democrats controlled the House of Representatives? Next, it covers the historiography to gain insight into how scholars view Colorado statehood and its relationship to the election of 1876 given that both happened in the same year and that coincidences in politics are rare. A follow up will occur with an explanation of the differences between a state and a territory to …

Du Undergraduate Showcase Abstracts: Research, Scholarship, And Creative Works, August Alexander, Kevin Summers, E. Paige Lloyd, Alyssa Aragon, Lauren Wols, Erica Larson, Colton Arciniaga, Lily Baeza, Ellie Barnett-Cashman, Sidney Barbier, Maverick Bartholomew, Ryan Bell, Trevor Briggs, Amanda Brown, Cory Marchi, Maddy Pontius, Jennifer Gallagher, Claire Kwok, Channing Bullock, Alex Mccollister, Kim Gorgens, Daniela Chavez, Yamilet Espinoza Nuñez, Giovanni Valladares Giron, William Christensen, Olivia Kachulis, Daniel Cierasynski, Brandon Cohen, Spenser Dobbs, Lindsay Goolsby, Noah Craver, Nyah Cubbison, Liam Doherty, Nicole Doris, Yan Qin, Alexander Nguyen, Lily Harmon, Shubh Todi, Naichen Zhao, Noah Fagello, Stacia Fritz, Paola Gascot-Chinea, Alex Volkova, Janelyn Geronimo, Elsie Harrington, Shane Simmons, Clarice Hise, Laura Moreno Palmer, Henry Xu, Yesu Leela Pasupula, Emily Fisher, Zachary Hogan, Colin Kleckner, Alyssa Knaus, Erin Kubat, Sam Werkema, Katie Lamberton, Lilliya Larson, Allie Leary, Vanessa Leon-Gamez, James H. Gallagher, E. Dale Broder, Robin M. Tinghitella, Emma Loeber, Alina Mali, Ixchel Marquez, Lauren Mcgrath, Ella Matthews, Grace Naegelen, Audrey Ng, Megan Lucyshyn, Rachel Brough, Alexandra Norman, Joe Ontiveros Rodriguez, Ben Dossett, Ori Miller, Janamejay Sharma, Christopher Reardon, Vincent Pandey, Regan Parish, Ren Pratt, Alisha Pravasi, Sanchari Das, Cari Reichel, Emma Robson, Victoria Rockwell, Jayce Rumsey, Steven Said, Norah Schroder, Alaina Smith, Shannon Murphy, Shujan A. Sharafeldeen, Stanley M. Kanai, James T. Nichols, David E. Clouthier, Macalia R. Augustus, Daniel Silva Rios, Scott Simpson, Anna Sparling, Chase Spurbeck, Kimberly Chiew, Christine Stadnik-Poteroba, Jacqueline Stephenson, Evelyn Stovin, Mia Supan, Lauren Tapper, Will Thrush, Anna Vogt, Michaela Walheim, Jon Weber, Hunter Whitehouse, Kansas Wood, Hayley Sayre, Lydia Mccann, Maread Mclaughlin, Kelly Krumrie, Olivia Wuttke

DU Undergraduate Research Journal Archive

Abstracts from the DU Undergraduate Research Showcase.

Shaming Women To Shame Men: A Case Study Of The Houthis And The Relationship Between Honor Culture In Yemen And Sexual Violence Against Women In The Yemeni Civil War, Emma Loeber, Hilary Matfess

DU Undergraduate Research Journal Archive

The factors that influence an armed group’s use of sexual violence against women during times of conflict is a much studied area due to the prevalence of the phenomenon, and the significant implications it has for human rights. Studies on the subject have generally contended that cultural attributes and practices present during peacetime play a significant role in determining whether or not an armed group will incorporate sexual violence as a part of their strategy. A relatively under-researched cultural practice that could influence the use of conflict-related sexual violence (CRSV) is the presence and importance of honor culture in a …

Democracy, Discourse, And The Artificially Intelligent Corporation, Michael R. Siebecker

Sturm College of Law: Faculty Scholarship

Does the ascendance of the artificially intelligent corporation threaten the integrity and legitimacy of democracy? The question seems particularly important as the 2024 presidential election approaches. Hardly a day passes without a new report regarding the disruptive impact of harnessing artificial intelligence (“AI”) technologies. A cascading cadre of academics, business leaders, and politicians warn that unchecked development and dissemination of AI could irreparably damage vital institutions of civil society. Despite the warnings about existential threats AI poses to human agency and democratic processes, reliance on AI technologies proliferates at break-neck speed.

The concern about AI’s destructive impact gets exacerbated by …

Evolutions In The Enforcement Of U.S. Punitive Damages In England - The Case Of Football Injuries, Cedric Vanleenhove, Jan De Bruyne

Denver Sports & Entertainment Law Journal

This article discusses the situation in which an American judge awards punitive damages for a crushing tackle on a football (soccer) pitch but the judgment needs to be enforced in England because the tackling player transferred to that country. This contribution investigates whether this type of award can be executed in England against the tortfeasor's assets there. England's approach towards foreign punitive damages is peculiar. The enforcement of multiple damages, a form of punitive damages arrived at by multiplying the compensatory damages, is statutorily barred by the Protection of Trading Interests Act 1980. For foreign punitive damages other than multiple …

Paving The Road Between Ncaa Stardom And An Nfl Career: A University Advisory Panel Perspective, Mike Rogers, Kelli Masters

Denver Sports & Entertainment Law Journal

No abstract provided.

Aunt Jemima's Final Stand, But Elvis Has Not Left The Building: In Search Of Moorings For The Right Of Publicity And The Landes-Posner Safe Harbor, Andrew F. Emerson

Denver Sports & Entertainment Law Journal

The right of publicity protects against the appropriation of an individual's name and likeness for purely commercial purposes. The right was first formally recognized under the rubric of the right of publicity in 1953. The cause of action is now characterized by its ill-defined legal parameters both in terms of its scope of coverage and whether, and for what period, the right survives post-mortem. Courts and state legislatures have produced a patchwork of widely divergent approaches to these issues and have struggled to define the lines of demarcation between the right of publicity and the First Amendment right to freely …

Trademark Licensing: Fashion Forward Protection Against 3d Printing, Naomi E. Abraham

Denver Sports & Entertainment Law Journal

In recent years, 3D printing has become more prevalent in United States manufacturing. This emerging technology is used in the biotechnology industry, the food industry, and will soon enter the fashion industry. Even though it is still a rarity reserved primarily for fashion shows, there will be a time when 3D printed cotton and thread are finally perfected and made available for home use. Once this technology is available for home use in a few years, fashion brands will likely feel threatened by infringing articles of clothing.

Lawyers currently estimate that millions of dollars of intellectual property protection will be …

Can Congress Play Ball: Congressional Power To Implement And Enforce Pay-For-Play Among Student-Athletes, Charles Iii Barrowman

Denver Sports & Entertainment Law Journal

Recently, the National Labor Relations Board ("NLRB") ruled that grant-in-aid student athletes of National Collegiate Athletic Association ("NCAA" or the "NCAA") universities are permitted to unionize because they are employees of their respective NCAA universities - revolutionizing a troubling but well-settled area of sports and employment law. The issues created from this ruling spread far further than the obvious, begging many questions, in particular: how will a student-athlete be compensated, how will compensation be calculated, how much does the student-athlete deserve, and how will this affect private versus public universities?

Congress is meanwhile seeking to ensure that the NCAA and …

Domestic Violence & Men's Professional Sports: Advancing The Ball, Chelsea Augelli, Tamara L. Kuennen

Denver Sports & Entertainment Law Journal

This article examines how men's professional sports leagues treat domestic violence committed by players. Over the past twenty years, but particularly over the last five, the public has criticized, and the media has shone a spotlight on, the big leagues' ignoring of the issue. Many call for parity between how the criminal justice system treats the issue of domestic violence and how the leagues should treat it, arguing for a zero-tolerance approach. This article applies lessons learned by feminist law and policy makers and legal scholars in the development of the larger justice system response to domestic violence to the …

When Is A Right Of Publicity License Granted To A Loan-Out Corporation A Fraudulent Conveyance, David J. Cook

Denver Sports & Entertainment Law Journal

This article answers the question whether a creditor of the talent, who rendered services through a loan-out corporation [or limited liability company], can directly reach the talent's revenue stream paid by the studio [or other obligor] due the loan-out. Some talents have left a trail of multi-million dollar obligations, including spousal and child support, unpaid taxes, tort claims, and debts that arise from an extravagant lifestyle. Seeking payment of these large-dollar obligations, these creditors draw a bead on revenue stream payable to the loan-out. More than one celebrity or sports star finds himself or herself on the "top-ten list of …