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Following Bostock: How Employers Can Lead The Way To Embrace Transgender Employees In The Workplace, Nanci K. Carr Apr 2021

Following Bostock: How Employers Can Lead The Way To Embrace Transgender Employees In The Workplace, Nanci K. Carr

Denver Law Review Forum

No abstract provided.


Remedial Commandeering, Rebecca Aviel Apr 2021

Remedial Commandeering, Rebecca Aviel

Sturm College of Law: Faculty Scholarship

Protecting the right to vote and ensuring the integrity of elections. Safeguarding reproductive rights. Reducing and redressing racialized police misconduct. Threaded through some of the most ambitious and controversial reform proposals currently vying for attention in political and scholarly spheres is a common structural element, one that has distinct constitutional significance: the issuance of direct commands to state officials. Scholars of the Court’s federalism doctrines will readily understand why, at first blush, this seems to raise constitutional concerns — after all, the Court has now repeatedly warned Congress that it may not commandeer state officials in this manner. As this …


Entre Mundos Y Fronteras: An Exploration Of Linguistic Visibility And Value In Libraries, Denisse Solis, Jesus Espinoza Apr 2021

Entre Mundos Y Fronteras: An Exploration Of Linguistic Visibility And Value In Libraries, Denisse Solis, Jesus Espinoza

University Libraries: Faculty Scholarship

In Part of Our Lives: A People's History of the American Public Library, author and library historian Wayne A. Wiegand describes how the mass migration of seven million southern and eastern European migrants between 1893 and 1917 shaped public libraries. “As neighborhoods changed ethnic and racial profile, the public library – main or branch- often became a place where newcomers assimilated.”1 This assimilationist praxis, specifically when it comes to the conscription of the English language, is problematic for library workers and patrons for whom English is not their first or only language and who want to see themselves reflected in …


Supreme Court Recusal And The Appearance Of Politics, Louis J. Virelli Iii Mar 2021

Supreme Court Recusal And The Appearance Of Politics, Louis J. Virelli Iii

Denver Law Review Forum

No abstract provided.


Covid-19 And The Future Of Work, Phil Lord Mar 2021

Covid-19 And The Future Of Work, Phil Lord

Denver Law Review Forum

No abstract provided.


Reforming The War Powers Relationship Between Congress And The President In The Post-Trump Era, Scott S. Barker Mar 2021

Reforming The War Powers Relationship Between Congress And The President In The Post-Trump Era, Scott S. Barker

Denver Law Review Forum

No abstract provided.


Disrupting Frivolous Defenses, Thomas D. Russell Mar 2021

Disrupting Frivolous Defenses, Thomas D. Russell

Sturm College of Law: Faculty Scholarship

Judge Milton I. Shadur was a disrupter of frivolous defenses. In 2018, Judge Shadur died at the age of 93 after 37 years as a judge of the United States District Court for the Northern District of Illinois. Sua sponte, Judge Shadur reviewed civil answers, and disrupted the pleading of frivolous defenses. Sua Sponte Shadur—as some lawyers called him—rejected answers that departed from or ignored Rule 8 of the Federal Rules of Civil Procedure.

In 2001, Judge Shadur issued an Appendix to an order in State Farm v. Riley, 199 F.R.D. 276 (N.D. Ill. 2001) with his expectations regarding how …


Are There Stories Prosecutors Shouldn't Tell?: The Duty To Avoid Racialized Trial Narratives, Olwyn Conway Mar 2021

Are There Stories Prosecutors Shouldn't Tell?: The Duty To Avoid Racialized Trial Narratives, Olwyn Conway

Denver Law Review

No abstract provided.


Giving Davis Its Due: Why The Tenth Circuit Has The Winning Approach In Title Ix's Deliberate Indifference Controversy, Lauren E. Groth, Lucy Walker, Colleen M. Koch, Julia Ishiyama Mar 2021

Giving Davis Its Due: Why The Tenth Circuit Has The Winning Approach In Title Ix's Deliberate Indifference Controversy, Lauren E. Groth, Lucy Walker, Colleen M. Koch, Julia Ishiyama

Denver Law Review

No abstract provided.


The Qualified Immunity Litigation Machine: Eviscerating The Anti-Racist Heart Of Sec. 1983, Weaponizing Interlocutory Appeal, And The Routine Of Police Violence Against Black Lives, David G. Maxted Mar 2021

The Qualified Immunity Litigation Machine: Eviscerating The Anti-Racist Heart Of Sec. 1983, Weaponizing Interlocutory Appeal, And The Routine Of Police Violence Against Black Lives, David G. Maxted

Denver Law Review

No abstract provided.


Using Country Conditions Evidence To Improve Appellate Review Of Convention Against Torture Cases, Phillip R. Takhar, Michael J.P. Hazel, Mairead K. Dolan Mar 2021

Using Country Conditions Evidence To Improve Appellate Review Of Convention Against Torture Cases, Phillip R. Takhar, Michael J.P. Hazel, Mairead K. Dolan

Denver Law Review

No abstract provided.


Risking A Contact High: The Tenth Circuit's Failure To Defer To Colorado's Marijuana Laws, Jeffrey Boxer, Bobby Dishell Mar 2021

Risking A Contact High: The Tenth Circuit's Failure To Defer To Colorado's Marijuana Laws, Jeffrey Boxer, Bobby Dishell

Denver Law Review

No abstract provided.


Hernandez V. Mesa: Ringing In A Fourth Decade Of Judicial Over-Restraint, Nick Moskevich Mar 2021

Hernandez V. Mesa: Ringing In A Fourth Decade Of Judicial Over-Restraint, Nick Moskevich

Denver Law Review

No abstract provided.


Home Equity: Rethinking Race And Federal Housing Policy, Rachel D. Godsil, Sarah E. Waldeck Mar 2021

Home Equity: Rethinking Race And Federal Housing Policy, Rachel D. Godsil, Sarah E. Waldeck

Denver Law Review

No abstract provided.


Police Investigating Police: Systemic Injustice Shields Officers From Accountability, Kendall Godley Feb 2021

Police Investigating Police: Systemic Injustice Shields Officers From Accountability, Kendall Godley

Denver Law Review Forum

No abstract provided.


An American's Guide To The Gdpr, Meg Leta Jones, Margot E. Kaminski Feb 2021

An American's Guide To The Gdpr, Meg Leta Jones, Margot E. Kaminski

Denver Law Review

No abstract provided.


"Directly Adverse" Means Directly Adverse: How Courts Have Misread Rule 1.7(A)(1) And Why It Matters, Stephen Gillers Feb 2021

"Directly Adverse" Means Directly Adverse: How Courts Have Misread Rule 1.7(A)(1) And Why It Matters, Stephen Gillers

Denver Law Review

No abstract provided.


Rucho V. Common Cause: The Government Game Of Hot Potato, Rebekah Nickel Feb 2021

Rucho V. Common Cause: The Government Game Of Hot Potato, Rebekah Nickel

Denver Law Review

No abstract provided.


Corporate Boardrooms And The National Football League: A Gender Diversity Marriage Made In Corporate Governance Heaven, Danielle Hartley Feb 2021

Corporate Boardrooms And The National Football League: A Gender Diversity Marriage Made In Corporate Governance Heaven, Danielle Hartley

Denver Law Review

No abstract provided.


The Challenges Of Forensic Genealogy: Dirty Data, Electronic Evidence, And Privacy Concerns, Divya Ramjee, Katelyn Ringrose Feb 2021

The Challenges Of Forensic Genealogy: Dirty Data, Electronic Evidence, And Privacy Concerns, Divya Ramjee, Katelyn Ringrose

Denver Law Review

No abstract provided.


Addressing The Community Trauma Of Inequity Holistically: The Head And The Heart Behind Structural Interventions, Amy T. Campbell Feb 2021

Addressing The Community Trauma Of Inequity Holistically: The Head And The Heart Behind Structural Interventions, Amy T. Campbell

Denver Law Review

No abstract provided.


Garza V. Idaho: The Sixth Amendment As A Bulwark Against A Defendant's Total Forfeiture Of Appellate Rights, Max Porteus Feb 2021

Garza V. Idaho: The Sixth Amendment As A Bulwark Against A Defendant's Total Forfeiture Of Appellate Rights, Max Porteus

Denver Law Review Forum

No abstract provided.


0751 Colorado Legislative Rules, Colorado Legislative Council Feb 2021

0751 Colorado Legislative Rules, Colorado Legislative Council

All Publications (Colorado Legislative Council)

No abstract provided.


Hernández V. Mesa: The Empty Promise Of Bivens And The Precarious Road To "Nothing", Emily Maino Jan 2021

Hernández V. Mesa: The Empty Promise Of Bivens And The Precarious Road To "Nothing", Emily Maino

Denver Law Review Forum

No abstract provided.


Assumption Of Risk In Consumer Contracts And The Distraction Of Unconscionability, Zahra Takhshid Jan 2021

Assumption Of Risk In Consumer Contracts And The Distraction Of Unconscionability, Zahra Takhshid

Sturm College of Law: Faculty Scholarship

For years, courts have struggled to determine when to enforce exculpatory clauses that would prevent personal injury victims from availing themselves of tort remedies under the doctrine of express assumption of risk. In the past, when courts declined to enforce these clauses, they did so on the ground that enforcing such a waiver for the activities in question was “against public policy.” Recently, however, many courts have addressed the issue through the contract doctrine of “unconscionability.” This change in focus has subtly but importantly altered the enforceability inquiry by emphasizing the conditions under which the plaintiff agreed to the contract, …


Vol. 49, No. 1 And 2: Full Issue, Denver Journal Of International Law & Policy Jan 2021

Vol. 49, No. 1 And 2: Full Issue, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.


Missed Connections? Evaluating The Global Spread And Legality Of Mandatory Sim Registration In A Modern National Security Context, Tarun Krishnakumar Jan 2021

Missed Connections? Evaluating The Global Spread And Legality Of Mandatory Sim Registration In A Modern National Security Context, Tarun Krishnakumar

Denver Journal of International Law & Policy

No abstract provided.


Filling The Vacuum: International Space Law To Meet The Pressures Created By Private Space Enterprises, Alda Yuan Jan 2021

Filling The Vacuum: International Space Law To Meet The Pressures Created By Private Space Enterprises, Alda Yuan

Denver Journal of International Law & Policy

No abstract provided.


Applying U.S. Animal Law Extraterritorially To Improve Animal Welfare Standards Abroad And Avoid A Race To The Bottom, Megan Paschke Jan 2021

Applying U.S. Animal Law Extraterritorially To Improve Animal Welfare Standards Abroad And Avoid A Race To The Bottom, Megan Paschke

Denver Journal of International Law & Policy

No abstract provided.


Is There A New Extraterritoriality In Intellectual Property?., Timothy R. Holbrook Jan 2021

Is There A New Extraterritoriality In Intellectual Property?., Timothy R. Holbrook

Sturm College of Law: Faculty Scholarship

Intellectual property rights are territorially limited. In the main, these rights do not extend outside of the country who has afforded parties the intellectual property. Instead, they are limited to activities within the country. Or so the theory goes. In the global marketplace, such territorial rights do not map well onto the commercial realities of many companies. Given the global marketplace and the intangible-yet-territorial nature of intellectual property rights, IP has sat squarely in the middle of concerns about extraterritoriality.

The Supreme Court has long articulated the presumption against the extraterritorial application of U.S. law. This is not to say …