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Artificial Intelligence Subordination: Consequence Of The Failure To Govern, Emile Loza De Siles
Artificial Intelligence Subordination: Consequence Of The Failure To Govern, Emile Loza De Siles
Denver Law Review
This Article considers the impacts of the ongoing failure to govern artificial intelligence (AI) systems and uses for which humans are the computational and decisional subjects. Ungoverned AI systems and uses can have profound, devastating impacts upon those humans, their families and communities, and society at large. Because the law in its current state is grossly inadequate for the Algorithmic Age, these AI systems and uses threaten a digital form of AI-mediated involuntary servitude and subordination. This Article proceeds in three Parts. First, it discusses the scope of involuntary servitude and other forms of enslavement as they have evolved from …
Foreword: Mapping Critical Geographies In Virtual Space, Shelley Cavalieri, Saru M. Matambanadzo, Lua Kamal Yuille
Foreword: Mapping Critical Geographies In Virtual Space, Shelley Cavalieri, Saru M. Matambanadzo, Lua Kamal Yuille
Denver Law Review
In this Foreword to the LatCrit Symposium, the authors introduce the work of the 2021 LatCrit Biennial Meeting. They frame the movement as one of critical and liberatory theorizing in a time of retrenchment of opposition to the antisubordination project, highlighting the many strands of Critical Legal Studies that find home in the big tent of the LatCrit community. They introduce and contextualize within the broader critical theory literature four Articles written by members of the LatCrit community. Finally, they assert their own challenge to the movement, calling on critical legal scholars to question more seriously the meritocratic and productivist …
Biosimilar Bias: A Barrier To Addressing American Drug Costs, Cynthia M. Ho
Biosimilar Bias: A Barrier To Addressing American Drug Costs, Cynthia M. Ho
Denver Law Review
Forty percent of spiraling drug costs in the United States stem from a mere 2% of all drugs—biologic drugs (biologics) made from living cells and administered by injection or infusion. Drug costs will continue to rise as new biologics are approved by the Food and Drug Administration. Biologics are expensive because they cannot be mass-produced, and the consequence of their high prices is that important treatments for conditions such as arthritis and cancer remain out of reach for many Americans. Fortunately, just as there are lower cost generic versions of brand-name pills, there are lower cost biosimilars of original biologics—the …
Has China's Labor Contract Law Curtained Economic Growth?, Wenwen Ding, J. H. Verkerke
Has China's Labor Contract Law Curtained Economic Growth?, Wenwen Ding, J. H. Verkerke
Denver Law Review
As China reformed its economy during the past forty-four years, it experienced the fastest sustained expansion by a major economy in history with an annual rate of gross domestic product (GDP) growth averaging nearly 10% from 1978 to 2018. In the past decade, however, the rate of growth has noticeably slowed, falling to just under 7% in 2018, the year before the COVID-19 pandemic began. Though many nations might consider GDP growth over 6% admirable, in China it has sparked a debate about the causes of the slowdown. One suspect is China’s 2008 Labor Contract Law (LCL), which provides workers …
Taking Care With Text: "The Laws" Of The Take Care Clause Do Not Include The Constitution, And There Is No Autonomous Presidential Power Of Constitutional Interpretation, George Mader
Denver Law Review
“Departmentalism” posits that each branch of the federal government has an independent power of constitutional interpretation—all branches share the power and need not defer to one another in the exercise of their interpretive powers. As regards the Executive Branch, the textual basis for this interpretive autonomy is that the Take Care Clause requires the President to “take Care that the Laws be faithfully executed” and the Supremacy Clause includes the Constitution in “the supreme Law of the Land.” Therefore, the President is to execute the Constitution as a law. Or so the common argument goes. The presidential oath to “execute …
Vol. 99, No. 4: Full Issue, Denver Law Review
Vol. 99, No. 4: Table Of Contents, Denver Law Review
Vol. 99, No. 4: Table Of Contents, Denver Law Review
Denver Law Review
No abstract provided.
Covid-19 And The Americans With Disabilities Act: When Might The Disease Be Considered A Disability For Which Employees Have Legal Protections In The Workplace?, Kimberly J. Jones, Emma M. Feeney
Covid-19 And The Americans With Disabilities Act: When Might The Disease Be Considered A Disability For Which Employees Have Legal Protections In The Workplace?, Kimberly J. Jones, Emma M. Feeney
Denver Law Review
Since the coronavirus pandemic began in the United States in early 2020, employers, legal practitioners, federal and state agencies, and the courts have wrangled with whether and in what circumstances workers impacted by COVID-19 (COVID) may have legal protections at work. Because the virus is novel, case law and other legal authorities are scarce. However, these questions are likely to persist well into the future as the virus continues to evolve and the pandemic rages on. This Article explores whether and in what circumstances courts in the Tenth Circuit are likely to treat COVID as a “disability” under the Americans …
Doe V. School District No. 1: Strengthening Title Ix Protections In The Tenth Circuit, Igor Raykin, Michael Holt
Doe V. School District No. 1: Strengthening Title Ix Protections In The Tenth Circuit, Igor Raykin, Michael Holt
Denver Law Review
Title IX of the Education Amendments of 1972 (Title IX) provides students with protections from discrimination on the basis of sex in education programs, including student-on-student harassment. The Tenth Circuit Court of Appeals has recently strengthened Title IX protections for student victims of sexual assault who report their assaults to appropriate school authorities.2 In its recent decision in Doe v. School District No. 1, the Tenth Circuit made two critical clarifications to Title IX that provides students in the Tenth Circuit with greater protections from student-on-student harassment.3 This Article will first provide an overview of Title IX, the statutory language, …
Shadow Dockets Lite, Hayley Stillwell
Shadow Dockets Lite, Hayley Stillwell
Denver Law Review
Inherent to the role of judges is the obligation to explain themselves and to create precedent—which is why the U.S. Supreme Court’s “shadow docket” has recently garnered ample criticism. Unfortunately, other courts share these deficiencies. Oklahoma Supreme Court justices often decline to vote without explanation. They also note their disagreement with some or all of an opinion, but fail to explain why. Tenth Circuit Court of Appeals judges decide whether an opinion is unpublished—and thus nonprecedential—without explanation. These practices are “shadow dockets lite” because they are more consistent with the role of judges than the Supreme Court’s shadow docket, but …
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 …
The Locale And Damages Of Fatal Policing, Scott Jeffrey, W. Kip Viscusi
The Locale And Damages Of Fatal Policing, Scott Jeffrey, W. Kip Viscusi
Denver Law Review
George Floyd and Breonna Taylor’s violent deaths sparked global protests condemning police violence. Many agree that reforms to policing are necessary and while some changes have occurred, the structure, culture, and budgeting of policing are largely unchanged. This Article first introduces the term “fatal policing” to denote incidents in which police actions, such as shootings, result in victims’ deaths. This Article next reviews data on fatal policing to corroborate findings that Black people are disproportionate victims of fatal policing, calls for a complete census of fatal policing from independent governmental sources, and analyzes regional differences in fatal policing. This Article …
Trump V. Vance: The Distraction Argument And Absolute Presidential Immunity, Mitchell Lewis Blackstone
Trump V. Vance: The Distraction Argument And Absolute Presidential Immunity, Mitchell Lewis Blackstone
Denver Law Review
In 2018, Cyrus Vance Jr., the New York County District Attorney for Manhattan, opened a criminal investigation into then-President Donald J. Trump on suspicion that he violated state law. Vance served a subpoena duces tecum on Mazars USA, the financial accounting firm for then-President Trump, directing it to produce then-President Trump’s personal and business-related financial information. In response, then-President Trump asserted that his status as President of the United States entitled him to categorical, absolute immunity from the subpoena because compliance with said subpoena would unduly distract him from his constitutional duties. Although this was not the first time that …
Vol. 99, No. 3: Table Of Contents, Denver Law Review
Vol. 99, No. 3: Table Of Contents, Denver Law Review
Denver Law Review
No abstract provided.
Vol. 99, No. 3: Full Issue, Denver Law Review
Vol. 99, No. 2: Table Of Contents, Denver Law Review
Vol. 99, No. 2: Table Of Contents, Denver Law Review
Denver Law Review
No abstract provided.
Vol. 99, No. 2: Full Issue, Denver Law Review
Vol. 99, No. 1: Table Of Contents, Denver Law Review
Vol. 99, No. 1: Table Of Contents, Denver Law Review
Denver Law Review
No abstract provided.
Vol. 99, No. 1: Full Issue, Denver Law Review
If You See Something, Say Something: Can Artificial Intelligence Have A Duty To Report Dangerous Behavior In The Home?, Jason Zenor
Denver Law Review
No abstract provided.
Kahler V. Kansas: A Defense Denied, Elizabeth Poché
Kahler V. Kansas: A Defense Denied, Elizabeth Poché
Denver Law Review
No abstract provided.
Evaluating Facial Recognition Technology: A Protocol For Performance Assessment In New Domains, Daniel E. Ho, Emily Black, Maneesh Agrawala, Lo Fei-Fei
Evaluating Facial Recognition Technology: A Protocol For Performance Assessment In New Domains, Daniel E. Ho, Emily Black, Maneesh Agrawala, Lo Fei-Fei
Denver Law Review
No abstract provided.
Screened Out Onscreen: Disability Discrimination, Hiring Bias, And Artificial Intelligence, Haley Moss
Screened Out Onscreen: Disability Discrimination, Hiring Bias, And Artificial Intelligence, Haley Moss
Denver Law Review
No abstract provided.
Hernandez V. Mesa: Ringing In A Fourth Decade Of Judicial Over-Restraint, Nick Moskevich
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
Home Equity: Rethinking Race And Federal Housing Policy, Rachel D. Godsil, Sarah E. Waldeck
Denver Law Review
No abstract provided.
Are There Stories Prosecutors Shouldn't Tell?: The Duty To Avoid Racialized Trial Narratives, Olwyn Conway
Are There Stories Prosecutors Shouldn't Tell?: The Duty To Avoid Racialized Trial Narratives, Olwyn Conway
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
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.