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The Future Of Abandoned Big Box Stores: Legal Solutions To The Legacies Of Poor Planning Decisions, Sarah Schindler
The Future Of Abandoned Big Box Stores: Legal Solutions To The Legacies Of Poor Planning Decisions, Sarah Schindler
University of Colorado Law Review
Big box stores, the defining retail shopping location for the majority of American suburbs, are being abandoned at alarming rates, due in part to the economic downturn. These empty stores impose numerous negative externalities on the communities in which they are located, including blight, reduced property values, loss of tax revenue, environmental problems, and a decrease in social capital. While scholars have generated and critiqued prospective solutions to prevent abandonment of big box stores, this Article asserts that local zoning ordinances can alleviate the harms imposed by the thousands of existing, vacant big boxes. Because local governments control land use …
Waltzing Through A Loophole: How Parens Patriae Suits Allow Circumvention Of The Class Action Fairness Act, Jacob Durling
Waltzing Through A Loophole: How Parens Patriae Suits Allow Circumvention Of The Class Action Fairness Act, Jacob Durling
University of Colorado Law Review
This Note explores the applicability of the Class Action Fairness Act's (CAFA) mass action removal provision to parens patriae suits. CAFA amended the federal rules governing aggregate litigation, replacing the complete diversity requirement with a minimal diversity requirement. CAFA's applicability to parens patriae suits, a type of representative lawsuit brought by a state alleging injuries to its citizens, was first addressed in Louisiana ex rel. Caldwell v. Allstate Insurance Co. In Caldwell, the Fifth Circuit held that a parens patriae suit was mislabeled because the real parties in interest-the parties whose interests constitute the basis of the parens patriae standing-represented …
Using Poor Form As A Proxy For Poor Substance: A Look At Wend V. People And Its Categorical Rule Prohibiting Prosecutors From Using The Word "Lie", Danny Paulson
University of Colorado Law Review
In Wend v. People, the Colorado Supreme Court reversed a second-degree murder conviction because the prosecutor repeatedly used various forms of the word "lie" to describe some of the defendant's statements made during two taped interviews with the police. In its opinion, the court first held that in Colorado it is categorically improper for a prosecutor to use the word "lie." In doing so, it committed itself to a unique legal standard for one word that runs contrary to the traditional legal test used nationwide for all forms of prosecutorial misconduct. Then, the court reversed the conviction on plain error …