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Full-Text Articles in Law
Reforming Service Of Process: An Access-To-Justice Framework, Andrew C. Budzinski
Reforming Service Of Process: An Access-To-Justice Framework, Andrew C. Budzinski
University of Colorado Law Review
Over the past few decades, the number of pro se litigants in state civil courts has risen exponentially-between 75 percent and 90 percent of litigants in family law cases, landlordtenant disputes, and small claims actions did not have a lawyer in 2015. Procedural rules governing those proceedings, however, often impose requirements that disproportionately burden unrepresented litigants, fail to optimally protect the due process rights of those parties, and thereby deny them access to justice. Rules governing service of process illustrate this problem by requiring litigants to find a third party to hand-deliver court papers to a defendant directly or to …
Changing The Dialogue On Access To Justice, Jonathan Lippman
Changing The Dialogue On Access To Justice, Jonathan Lippman
University of Colorado Law Review
No abstract provided.
Bail Reform In Colorado: A Presumption Of Release, Joshua J. Luna
Bail Reform In Colorado: A Presumption Of Release, Joshua J. Luna
University of Colorado Law Review
Interest in bail reform has ebbed and flowed in the United States since the 1960s. Recently, a condemning look at bail administration and pretrial detention across various jurisdictions has pushed bail reform to the policy forefront at both the national and state levels. In 2013, Colorado's General Assembly reformed its bail statute to decrease reliance on monetary bail and promote pretrial services programs in an attempt to prevent unnecessary pretrial detention of low-income defendants who present low risks for flight and threat to community safety. This reform was a much-needed step in the right direction. But the new bail statute …
Participatory Law And Development: Remapping The Locus Of Authority, Maggi Carfield
Participatory Law And Development: Remapping The Locus Of Authority, Maggi Carfield
University of Colorado Law Review
Participatory Law and Development: Remapping the Locus of Authority argues that law and development efforts have been ineffective, at least in part, because development agencies have failed to engage communities in the process of both setting agendas and instituting programs and policies. This work argues that there must be a fundamental shift in the law and international development paradigm. Scholars and practitioners must abandon the question, how can "we" change "them" and instead begin by asking a different question: in what ways, if any, does a community want to change the rules it operates by and how can external actors …
Denying Formalism's Apologists: Reforming Immigration Law's Cimt Analysis, Jeremiah J. Farrelly
Denying Formalism's Apologists: Reforming Immigration Law's Cimt Analysis, Jeremiah J. Farrelly
University of Colorado Law Review
Congress has long favored the "crime involving moral turpitude" as a statutory device to remove "undesirable" aliens from the United States. Unfortunately, Congress never bothered to define this important phrase. The judicial standard developed to address this shortfall has long been seen as unnecessarily formalistic, arbitrary, and both over- and under-inclusive. Until recently, however, these issues were ignored. In 2008, the Board of Immigration Appealsrightly deferred to by the Seventh Circuit-and the Attorney General finally addressed these issues, making significant revisions to the traditional standard. The Third Circuit, rather than following the Seventh Circuit in allowing the reform of an …