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A Consistent Treaty Interpretation By The Inter-American Court Of Human Rights In Light Of Corpus Juris, Liliana E. Popa

Denver Journal of International Law & Policy

International human rights courts’ use of external sources of interpretation is a key subject of disagreement for critics and opponents of these courts’ interpretative work. This Article provides a comprehensive review of cases decided by one of the most contested human rights courts: the Inter-American Court of Human Rights (IACtHR). It evaluates the quality of interpretation through the prism of international courts’ duty to render consistent treaty interpretation, a topic seldom analyzed in scholarship. It explores how and to what extent the IACtHR uses external sources that are comprised in corpus juris to improve the effectiveness and consistency of its …

Vol. 52, No. 2: Full Issue, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

Child Migrant Workers: The Invisible Children?, Ewa Rejman

Denver Journal of International Law & Policy

From February to December 2023, The New York Times published a series of investigative articles on child migrant workers who take jobs that are off-limits to American children and simply “disappear from the system” while companies and government officials continued to shift blame to avoid responsibility. This case study serves as a starting point for analyzing violations of child migrant workers’ rights in light of child-specific risks and child-specific forms of persecution.

This Article focuses on international human rights law obligations that the United States has failed to adequately fulfill and addresses potential objections to these obligations’ binding character. It …

Solving A Global Legal Problem Of Corporate Social Responsibility Reporting: A Multidisciplinary Approach To Making It Effective, Benedict Sheehy, Ying Chen, Maria Roszkowska-Menkes

Denver Journal of International Law & Policy

Over the decades, corporate social responsibility (CSR) has become increasingly important, expanding its reach across the globe. CSR does a number of tasks: it provides a governance framework for business, a business practice, and increasingly, a form of regulation. From a legal point of view, CSR is a form of soft law evolving into hard law. This Article explores that evolution focusing on mandatory CSR reporting understanding it as law. Such reporting is a critical regulatory tool in pressuring and holding business organizations accountable for sustainability in their operations. Through examining CSR reporting as phenomena of wide interest, the Article …

Vol. 27, No. 1: Full Issue, Water Law Review

Water Law Review

No abstract provided.

Vol. 27, No. 1: Masthead, Water Law Review

Water Law Review

No abstract provided.

A Green Energy Watershed: Water Litigation, Electric Batteries, And Agency Oversight Of Lithium Mining, Isaac Bloch

Water Law Review

The United States is at the precipice of a rapid expansion of domestic lithium mining, which will be needed to meet the administration's stated goal of renewable energy independence. Fleets of electric vehicles will run on energy stored in lithium-ion batteries rather than petroleum. Lithium mining, however, normally requires vast quantities of local water resources, which places this element of the green energy transition at the heart of what is known as the water energy nexus. This Article examines recent water litigation around the Thacker Pass lithium mine in Nevada and argues that traditional lithium projects create substantial risks for …

Beyond Property: Towards New Legal And Physical Approaches To Water Equality, Melissa Kay Brown

Water Law Review

This Article proposes a multi-layered approach to ensuring equality of water access. The legal doctrines for managing water flow in the United States include the public trust doctrine. In contrast, many countries are beginning to establish personhood rights for water. Part I of this Article assesses the public trust doctrine and rights of personhood for water, recommending a hybrid approach. In Part II, this Article argues that establishing personhood rights for water essentially establishes a human right to water. Part III explores the injustices of hydropower and encourages a shift from big dams to small-scale damless hydropower, or hydrokinetics, to …

State Succession To In Rem Obligations And The Right Of Peoples To Self-Determination: A Case Study Of Ethiopia's Grand Renaissance Dam On The Blue Nile, Victor Santos Mariottini De Oliveira

Water Law Review

This Article analyzes the contrasting legal stances of Egypt and Ethiopia regarding the construction and operation of the Grand Ethiopian Renaissance Dam on the Blue Nile ("GERD"), a high-impact project that is likely to affect water availability for lower Nile riparian states, notably Egypt More specifically, Egypt's claims of automatic state succession to treaties containing obligations in rem prohibiting the development of such works on the Blue Nile are opposed by Ethiopia's internal self-determination claims supporting the free disposition of its natural resources. This article assesses the soundness of each party's stance under the applicable international law and puts forth …

Interstate Water Compacting And The Silenced Sovereign: Federal Appointees As A Trigger For The Federal Trust Responsibility, Zachary Pavlik

Water Law Review

No abstract provided.

Colorado, Zelda Clegg, Jonah Karls

Water Law Review

No abstract provided.

On The Chips Act And International Responses To The Covid Semiconductor Chip Shortages, Ryan Kim

Transportation Law Journal

No abstract provided.

In Honor Of Ved Nanda, Anjali Nanda

Denver Journal of International Law & Policy

No abstract provided.

Vol. 52, No. 2: Table Of Contents, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

Not Woman Enough: How World Athletics’ Treatment Of Women With Differences In Sexual Development Violates The Olympic Charter And The Un’S Conventions Against Racial Discrimination And Discrimination Against Women, Rachel Crass

Denver Journal of International Law & Policy

In 1966, in response to growing fears that men would attempt to pose as women to win medals in elite competition, the International Olympic Committee (IOC) began gender testing all female athletes through various visual and gynecological evaluations. These tests were quickly deemed to be too invasive and were replaced by other chemical and genetic tests as scientific capabilities advanced. The new tests led to the disqualification of dozens of elite female athletes after results revealed latent Y chromosomes in women with androgen insensitivity conditions. After multiple leading medical societies and international sports governing bodies called for an end to …

Menstrual Hygiene Management And The Right To Education In Ethiopia, Krista Jolivette

Denver Journal of International Law & Policy

This Note focuses on the nation of Ethiopia as an example of modern issues in menstrual hygiene management, calling upon existing measures of implementation and recommendations for future interventions. The Note concludes by pointing out that progress in this arena is possible with the help of government agents, NGOs, and international actors.

Suicidality Among Black Women: Considering Resiliency Within The Historic And Societal Context Of Risk, Samantha J. North

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

Suicide is a global health challenge that has been historically understudied among Black women. The interpersonal-psychological theory of suicidality (IPTS) is a primary theory examined in suicidality; however, the three factors within the theory (lack of belongingness, perceived burdensomeness, and capability to die) focus on the individual. The purpose of the current study was to examine these factors in an expanded context of the historical and societal impact of oppression. A mixed methods Qualtrics study was administered to Black women who voluntarily completed the survey anonymously. Quantitatively, the study found significant differences between the impact of the IPTS factors on …

Aequitas: Seeking Equilibrium In Title Ix, Raymond Trent Cromartie

Sturm College of Law: Faculty Scholarship

Over the past two decades, the scope of Title IX has expanded drastically and now includes the investigation and adjudication of sexual misconduct cases through campus tribunals. Beginning in 2011, the Obama Administration, through a “Dear Colleague Letter” and subsequent guidance, initiated this process by establishing guidelines that required schools to develop and implement policies and procedures for the handling of sexual misconduct cases. Following the publication of the Obama-era guidance, schools scrambled to ensure compliance with the federal guidance, which led to a myriad of applications by universities. Unfortunately, the fallout from the 2011 guidance was widespread litigation initiated …

States As Laboratories: Colorado Constitution (Reactants) + Independent State Constitutionalism (Catalyst) = Constitutional Lgbtq+ Protections (Products), Pelecanos

Denver Law Review

This Article began as a research project on the current state of LGBTQ+ rights under the Constitution of the State of Colorado during an internship at the American Civil Liberties Union of Colorado. It quickly became an extensive examination of state constitutionalism, Colorado history, and queer theory. Ultimately, this Article imagines how the Colorado Supreme Court might interpret Colorado constitutional provisions to create more protections for LGBTQ+ people.

Passing The Buck: The Perils Of Oklahoma V. Castro-Huerta, Adam Crepelle, Timothy Purdon, Brendan Johnson

Denver Law Review

The Supreme Court’s 2022 decision in Oklahoma v. Castro-Huerta upended federal Indian law by allowing states to prosecute crimes involving Indians committed in Indian country. Castro-Huerta created a concurrent jurisdiction over Indian country crimes involving non-Indians. While concurrent jurisdiction increases the number of law enforcement agents with jurisdiction, it also creates opportunities for those law enforcement agents to shirk responsibility. Neither state nor federal law enforcement is accountable to tribes, so Castro-Huerta is likely to create a pass the buck mentality among non-Indian law enforcement. Moreover, there is little to indicate expanding state authority over tribes will benefit Indians. In …

Haaland V. Brackeen: The Indian Child Welfare Act, States' Rights, And The Survival Of America's First Peoples And Nations, Andrew B. Reid

Denver Law Review

At the end of its 2023 term, the United States Supreme Court issued a long-awaited decision on the Indian Child Welfare Act, Haaland v. Brackeen. The Court was presented with the direct conflict between three well-established bodies of constitutional law: (1) the right of individuals against racial discrimination, (2) the rights reserved by the states under Tenth Amendment federalism, and (3) federal supremacy over the states in matters concerning Native peoples and nations. These conflicts risk the survival of Native families, communities, and culture as well as the collective rights of Native peoples to their survival as inherently sovereign nations …

Vol. 101, No. 2: Table Of Contents, Denver Law Review

Denver Law Review

No abstract provided.

Vol. 101, No. 2: Full Issue, Denver Law Review

Denver Law Review

No abstract provided.

My Friend, Ved, Robert Hardaway

Denver Law Review

No abstract provided.

Judicial Diversity In Colorado: Increasing Representation Through Innovation, Monica M. Marquez Honorable, Sumi Lee

Denver Law Review

Research documents that diversity on the bench improves judicial decision-making, improves access to justice, and strengthens the rule of law. However, until 2019, no formal programs to increase judicial diversity existed within the Colorado Judicial Branch. In 2019, Colorado enacted legislation establishing an innovative, full-time judicial diversity outreach program that utilizes data and research to develop pipeline programs and amplify its impact through increased community engagement. Now, five years later, Colorado’s state court bench is more diverse than ever before. This Article discusses the development of the Judicial Diversity Program in Colorado and best practices for other states interested in …

Immigration Enigma: Intersections Between Immigration Status And Minimum Mandatory Sentences In Home Rule Municipalities, Dylan Fair

Denver Law Review

Immigration law is a complicated and constantly evolving legal landscape. When non-citizens are accused or convicted of a misdemeanor crime the two most important potential consequences are inadmissibility or deportation. This Comment will look at two major triggers for deportation and inadmissibility. First, “significant misdemeanors,” or crimes that carry a potential jail time of 365-days or higher, immediately initiate inadmissibility or deportation proceedings. Second, crimes that are classified as Crimes Involving Moral Turpitude also automatically trigger immigration consequences. Because these immigration charges are litigated in criminal courts, to be effective counsel criminal defense lawyers need to take certain steps to …

Re-Writing Precedent: An Exploration Of The Negative Impact On Native Rights In The Wake Of Oklahoma V. Castro-Huerta, Brooke Hare

Denver Law Review

The word “sovereignty” implies “freedom from external control” and is synonymous with the terms autonomy, self-determination, and independence. That is, at least, how Merriam-Webster defines the term and how the Supreme Court treated Native Americans through the careful development of over 200 years of case law. The current bench of the Supreme Court, however, had a different perception of how the relationship between federal, state, and tribal governments should function. In its decision in Oklahoma v. Castro-Huerta, the majority decided the state now has authority to prosecute crimes traditionally reserved for the federal government. This decision incorrectly frames the jurisdictional …

Vol. 47, No. 1: Full Issue, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

Representing The Mixed Plate: Involving Descendant Communities And Kānaka Maoli In Hawai’I Plantation Museums, Amanda Ku’Ualohalanileimakamae Lane

Electronic Theses and Dissertations

This thesis explores the ways that the involvement of diverse stakeholders at Hawai’i plantation museums affects representations of Hawai’i’s plantation history. Plantations in Hawai’i had a direct colonizing effect on Kānaka Maoli (Native Hawaiians), displacing them from their lands, replacing them with immigrant laborers, and putting into motion the chain of events that led to Hawai’i’s annexation in 1898. The current-day population in Hawai’i continues to reflect these significant changes in the society and culture of the islands. Hawai’i’s plantation museums traverse topics of labor, immigration, indentured servitude, and colonization. Simultaneously, these museums advance stories of perseverance, celebration, and multiculturalism. …

Likeness In Utopia: Situation And Metaphor From Thomas More To Edward Bellamy, Sage Rachmiel Bard Gilbert

Electronic Theses and Dissertations

As a literary genre, utopia is notably didactic. It seeks to teach desire and to educate hope. As such, utopia provides a unique site to examine the way metaphor and imagination enable one to be convinced, and the way those same elements facilitate misunderstanding. Following the theorization of Ernst Bloch, the goal of critiquing these literary utopias is not to reject hope but, rather, to educate our own daydreams, to learn and move forward. These chapters examine didacticism and the development of colonial metonymy in Thomas More’s Utopia, the way metaphor operates through time in Edward Bellamy’s Looking Backward: …