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University of Colorado Law School

Due process of law

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Full-Text Articles in Law

Rationing Justice: The Need For Appointed Counsel In Removal Proceedings Of Unaccompanied Immigrant Children, Wesley C. Brockway Jan 2017

Rationing Justice: The Need For Appointed Counsel In Removal Proceedings Of Unaccompanied Immigrant Children, Wesley C. Brockway

University of Colorado Law Review

No abstract provided.


No Seat At The Water Table: Colorado's New Groundwater Basin Statute Leaves Senior Surface Rights In The Lurch, Ari J. Stiller-Shulman Jan 2013

No Seat At The Water Table: Colorado's New Groundwater Basin Statute Leaves Senior Surface Rights In The Lurch, Ari J. Stiller-Shulman

University of Colorado Law Review

Wells that pump water from underground aquifers deplete water flowing in nearby rivers and streams. Colorado farmers in certain parts of the state use wells to pump large quantities of underground water for irrigation. However, other users who had pre-existing surface-water rights on nearby streams have complained that these wells drain the river and injure their prior vested water rights. Normally, surface water users with prior rights can require more junior users to stop appropriating until the senior user has diverted her full right. However, Colorado presumes that wells in certain districts-called designated basins-do not injure nearby surface streams. Still, …


Indiana V. Edwards: The Prospect Of A Heightened Competency Standard For Pro Se Defendants, Ashley N. Beck Jan 2013

Indiana V. Edwards: The Prospect Of A Heightened Competency Standard For Pro Se Defendants, Ashley N. Beck

University of Colorado Law Review

The Sixth Amendment to the United States Constitution guarantees a criminal defendant both the right to the assistance of counsel and the right of self-representation. The right of self-representation is deeply ingrained in the Anglo- American system of justice, but so is the requirement that a criminal defendant be tried only if competent to stand trial. In Indiana v. Edwards, the Supreme Court recognized a "gray area" of competency, noting that competency to stand trial with the assistance of counsel may not equate to competency to proceed pro se. In Edwards, the Court held that a trial court retains the …


State V. Henderson: A Model For Admitting Eyewitness Identification Testimony, Amy D. Trenary Jan 2013

State V. Henderson: A Model For Admitting Eyewitness Identification Testimony, Amy D. Trenary

University of Colorado Law Review

Eyewitness identification testimony is notoriously unreliable and has significantly contributed to wrongful convictions. Most courts use the standard set forth by the Supreme Court in Manson v. Brathwaite to assess whether eyewitness identifications are sufficiently reliable to present to the jury. But in the thirty-five years since Manson, an extensive body of research has amassed that calls into question the continuing validity of that standard. Researchers have identified numerous system variables (procedural elements subject to official control) and estimator variables (factors related to the witness, perpetrator, and event) that affect the accuracy of eyewitness identifications. The Manson standard fails to …