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Witness-Washing Facial Recognition Technology, Nathan E. Rouse
Witness-Washing Facial Recognition Technology, Nathan E. Rouse
Denver Law Review
Law enforcement investigations are increasingly driven by hidden algorithmic tools, without disclosure of those tools to the people being prosecuted or the public at large. Facial Recognition Technology, for example, has been used by police to identify suspects in investigations since 2001. Despite the widespread and growing use of Facial Recognition Technology in police investigations, its scientific validity has never been tested in court, and its secret use has prevented it from being challenged on constitutional grounds. This Article coins the term “witness-washing” to describe the mechanism by which this immense evasion has occurred. Witness-washing occurs when law enforcement uses …
Asynchronous Trials: A New Approach To High-Volume Civil Adjudication, Henry Z. Wang
Asynchronous Trials: A New Approach To High-Volume Civil Adjudication, Henry Z. Wang
Denver Law Review
For thousands of years, trials were held in brick-and-mortar courthouses. Then COVID-19 ravaged the world, forcing many businesses and institutions—including courts—to move their operations online. For the first time, many people experienced the benefits of online trials that are held via videoconference software such as Zoom. But Zoom fatigue is real. Now that the pandemic has lessened and courts are no longer urgently adapting to a virtual format, we must more thoughtfully consider what judicial innovations should come next. Outside of the courtroom, this revolution in communication methods has profoundly affected people’s daily lives: we have switched from almost entirely …
Vol. 103, No.1: Full Issue, Denver Law Review
The Paradox Of Federal Oversight In Police Misconduct Investigations, Ilana M. Friedman
The Paradox Of Federal Oversight In Police Misconduct Investigations, Ilana M. Friedman
Denver Law Review
This Article examines the relationship between state prosecutors, federal prosecutors, and the Civil Rights Division inside the United States Department of Justice in conducting police misconduct investigations and prosecutions. While previous literature documents prosecutors’ enormous concentration of power, they remain an understudied population in the criminal legal system, particularly in how they investigate and prosecute police officers accused of crimes. To remedy this gap, I conducted over fifty interviews with prosecutors, civilian investigators, and other legal professionals working in the domain of police misconduct investigations and prosecutions in multiple field sites around the United States. This Article is one of …
Samia V. United States: The Ghost Of Sir Walter Raleigh Haunts Again, Rebekah S. Atnip
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 …
Vol. 101, No. 4: Full Issue, Denver Law Review
Vol. 101, No. 4: Full Issue, Denver Law Review
Denver Law Review
No abstract provided.
Debt And Financial Insecurity In The Modern Economy: Foreword, Emily Sexton
Debt And Financial Insecurity In The Modern Economy: Foreword, Emily Sexton
Denver Law Review
No abstract provided.
Monopoly Capital, Militarism, And Environmental Degradation, Daniel Auerbach, Brett Clark
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 …
A Rpl In Time: A Brown Buffalo's Observations On The Ongoing Struggle Of Civic And Racial Nationalism In Higher Education - Circa 2023, Tom I. Romero Ii
A Rpl In Time: A Brown Buffalo's Observations On The Ongoing Struggle Of Civic And Racial Nationalism In Higher Education - Circa 2023, Tom I. Romero Ii
Denver Law Review
No abstract provided.
Judicial Diversity In Colorado: Increasing Representation Through Innovation, Monica M. Marquez Honorable, Sumi Lee
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 …
Passing The Buck: The Perils Of Oklahoma V. Castro-Huerta, Adam Crepelle, Timothy Purdon, Brendan Johnson
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 …
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
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. 101, No. 2: Full Issue, Denver Law Review
Vol. 101, No. 2: Full Issue, Denver Law Review
Denver Law Review
No abstract provided.
Anti-Transgender Legislation In Arizona, Alabama, And Arkansas: Arbitrary Moral Discrimination Masquerading As Child Protection, Austin Hoenig
Anti-Transgender Legislation In Arizona, Alabama, And Arkansas: Arbitrary Moral Discrimination Masquerading As Child Protection, Austin Hoenig
Denver Law Review
The twenty-first century saw rapid positive changes in the perception of the LGBTQIA+ community. However, an onslaught of anti-transgender legislation seeking to criminalize various aspects of transgender existence continues to sweep across the United States. This Comment analyzes laws in Arizona, Alabama, and Arkansas that target transgender children. The Comment posits that these laws are not effective as to their stated purposes of child protection. It also argues that the laws are facially discriminatory because they inexplicably consider transgender regret but ignore cisgender regret and disallow transgender affirmation but allow cisgender affirmation. The Comment goes on to argue that the …
Racial Bias, Accomplice Liability, And The Felony Murder Rule: A National Empirical Study, G. Ben Cohen, Justin D. Levinson, Koichi Hioki
Racial Bias, Accomplice Liability, And The Felony Murder Rule: A National Empirical Study, G. Ben Cohen, Justin D. Levinson, Koichi Hioki
Denver Law Review
Two long criticized prosecutorial tools—the felony murder rule and the accomplice liability doctrine—play an outsized role in the operation of American homicide law. Though each of these tools have separately faced intense criticism for their resistance to the supposedly foundational principles of moral culpability and individual responsibility, their legacy is also defined by the way they function symbiotically and specifically to heighten racialized punishment. This Article addresses the weighty combined reach of the accomplice liability doctrine and felony murder rule, and proposes that racial bias has fueled the operation and survival of these tools. Specifically, it suggests that implicit racial …
Vol. 100, No. 4: Full Issue, Denver Law Review
Vol. 100, No. 4: Full Issue, Denver Law Review
Denver Law Review
No abstract provided.
Depoliticizing Federal Prosecution, Bruce A. Green
Depoliticizing Federal Prosecution, Bruce A. Green
Denver Law Review
There is broad agreement that federal prosecutors should not use their power to pursue partisan political objectives, but there is stark disagreement about how to prevent them from abusing their power in this way. Geoffrey Berman, a former U.S. Attorney for the Southern District of New York, recently argued that U.S. Attorneys should have complete autonomy and independence from the Attorney General and administration. Attorney General Bill Barr, in contrast, has insisted that Attorneys General should have full control over prosecutors so the administration can be held politically accountable. Neither view fully addresses the problem. Barr minimizes the significant risk …
Abolishing Peremptory Challenges: A Fair Price To Pay For Just Jury Selection, Micheal Kilbourn
Abolishing Peremptory Challenges: A Fair Price To Pay For Just Jury Selection, Micheal Kilbourn
Denver Law Review
This Comment addresses the opportunity to abolish peremptory challenges in Colorado. A recap of the history of racism and inequality in the United States provides context for a discussion about the present state of this society in terms of fairness within our criminal legal system. This Comment discusses the widely recognized need for remediation of racial discrimination and bias rooted throughout the criminal punishment process but acutely exemplified by jury selection in that setting. An exploration of a recent attempt by the Supreme Court of Colorado’s Rules of Criminal Procedure Committee to catalyze a revision to the state’s Rule of …
The Decision To Confess Falsely Twenty-Five Years Later: Windows And Walls In Empirical Psychological And Legal Scholarship, Richard A. Leo
The Decision To Confess Falsely Twenty-Five Years Later: Windows And Walls In Empirical Psychological And Legal Scholarship, Richard A. Leo
Denver Law Review
No abstract provided.
Vol. 100, No. 3: Full Issue, Denver Law Review
Vol. 100, No. 3: Full Issue, Denver Law Review
Denver Law Review
No abstract provided.
Pleading For Pre-Bargain Disclosure In State Legal Ethics, Anthony R. Guttman
Pleading For Pre-Bargain Disclosure In State Legal Ethics, Anthony R. Guttman
Denver Law Review
Plea bargains dispose of over 97% of criminal matters in the United States’ criminal justice system. Proponents of plea bargaining typically justify the practice under the “shadow of trial” theory, claiming that plea bargains reflect predicted trial outcomes minus a discount for the prosecutorial resources saved. But scholars challenge this theory because other factors influence whether a defendant will enter a plea bargain. Among many are attorney competence, workloads, and legal resources. Yet a largely overlooked gap is that state ethics rules undermine the theory responsible for the legitimacy of plea bargaining. Each state has enacted a similar variation of …
The Black-White Paradigm’S Continuing Erasure Of Latinas: See Women Law Deans Of Color, Laura M. Padilla
The Black-White Paradigm’S Continuing Erasure Of Latinas: See Women Law Deans Of Color, Laura M. Padilla
Denver Law Review
The Black-white paradigm persists with unintended consequences. For example, there have been only six Latina law deans to date with only four presently serving. This Article provides data about women law deans of color, the dearth of Latina law deans, and explanations for the data. It focuses on the enduring Black-white paradigm, as well as other external and internal forces. This Article suggests how to increase the number of Latina law deans and emphasizes why it matters.
Covid-19 Comes To The Colorado Supreme Court, Christopher M. Jackson
Covid-19 Comes To The Colorado Supreme Court, Christopher M. Jackson
Denver Law Review
In 2020, the COVID-19 pandemic ravaged communities across the United States—and Colorado was no exception. The state government acted quickly to respond to this ongoing public health emergency, and those actions were soon subject to a variety of legal challenges. This Article analyzes the Colorado Supreme Court’s decisions resulting from those legal challenges. It argues that the court never sent a clear signal about how much flexibility it would give the government to meet this unprecedented crisis. Still, the court’s opinions suggest that a bare majority of justices are willing to take the existence of this international public health emergency …
Lessons From Mcgirt V. Oklahoma's Habeas Aftermath, Ben Gibson
Lessons From Mcgirt V. Oklahoma's Habeas Aftermath, Ben Gibson
Denver Law Review
In the summer of 2020, the U.S. Supreme Court handed down a decision in McGirt v. Oklahoma, concluding that Congress had never disestablished the historic boundaries of the Muscogee (Creek) Nation’s reservation. In reaching this decision, the majority and dissent in McGirt sparred about the impact the Court’s decision would have on the availability of post-conviction relief for prisoners who historically committed crimes on this and other reservations in Oklahoma. The dissent claimed this would create a clear pathway for scores of state prisoners to challenge their convictions. The majority insisted the results would not be so dire—state and federal …
Executive "Expertise"?: Reviewing And Reconsidering Statutory Requirements In Executive Branch Positions, Russell Spivak
Executive "Expertise"?: Reviewing And Reconsidering Statutory Requirements In Executive Branch Positions, Russell Spivak
Denver Law Review
The nomination of John Ratcliffe to be the Director of National Intelligence resurfaced debates over Congress’s authority to restrict the President’s ability to nominate certain individuals outside of its “advise and consent” role, given that the Director is statutorily required to have “extensive national security expertise.” While the subject of statutory requirements on executive appointments has been reviewed a handful of times, those discussions focused on whether such restrictions are constitutional. This Article, on the other hand, begins where prior discussions have left off: what positions are subject to statutory requirements? In answering this question, this Article identifies the different …
Multiservice Business And Social Mobility: Reform To Lift Community Leaders, Jared C. Nicholson
Multiservice Business And Social Mobility: Reform To Lift Community Leaders, Jared C. Nicholson
Denver Law Review
In 2020, Senator Elizabeth Warren launched her presidential campaign in Lawrence, Massachusetts—an economically struggling former mill city. F&M Multiservices was across the street from her press conference. Multiservice businesses pervade urban communities with large immigrant populations, providing a mix of multilingual services like tax preparation, travel, and translation. Multiservice businesses have long been viewed skeptically in legal literature as they are typically analyzed through the lens of immigration law and scrutinized due to legitimate concerns about fraud. This Article analyzes the value of multiservice businesses from the perspective of urban law and poverty law and argues that multiservice businesses like …
Addressing Labor Trafficking: The Next Step In The Anti-Trafficking Movement, Cassie Gardner-Wong
Addressing Labor Trafficking: The Next Step In The Anti-Trafficking Movement, Cassie Gardner-Wong
Denver Law Review
Modern human trafficking law is a new and emerging legal field in our country and across the world, and , and in Colorado, human trafficking law is less than ten years old. While the Colorado legislature takes its role in the anti-trafficking movement seriously and has reformed the law when it sees a need, the law is not perfect. The purpose of Colorado’s human trafficking statute—to protect victims and survivors of human trafficking—is not yet fully effectuated. Key reforms will elevate the ability of the anti-trafficking community to end this terrible crime. This Comment endeavors to define and contextualize human …
Vol. 99, No. 2: Full Issue, Denver Law Review
Kahler V. Kansas: A Defense Denied, Elizabeth Poché
Kahler V. Kansas: A Defense Denied, Elizabeth Poché
Denver Law Review
No abstract provided.