Category Archives: criminal law

Presenting “Communication in Cyberspace” to the Colorado Women’s Bar Association

Really enjoyed speaking at the Colorado Women’s Bar Association Annual Convention with my former student Joanne Morando, now a prosecutor for Mesa County! We presented the research discussed in our co-written article on cyberharassment, “Communication in Cyberspace,” published in the North Carolina Law Review.

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On Hamilton & Griffin on Rights: “The Anticlimax of Elonis v. United States”

I have a belated post about Elonis v. United States on Hamilton & Griffin on Rights. I’ve seldom felt so little enthusiasm for writing about a Supreme Court decision. The Court refused to decide any of the hard questions and left open the question of whether a recklessness standard will suffice — a question sure to create chaos in the lower courts, not to mention in the lives of those charged with crimes and those targeted by threatening speech.

This is one of the least helpful Supreme Court decisions I’ve seen in a long time. Why didn’t the Court just say whether either the statute or the First Amendment allows a showing of recklessness for conviction? Or not? Both positions are reasonable, and I think almost everyone would be fine with either outcome. (I would.)

Aurora Theater Shooting Trial Begins

The Aurora theater shooting trial is big news in Colorado right now. Everything about this trial is unusual, from the 9000-person jury pool to the fact that one of the 24 jurors and alternates is a survivor of the Columbine school shooting who was childhood friends with the shooters and had gone to prom with one of the victims. I spoke with CBS Evening News, the Wall Street Journal, and CCTV about some of the issues in the case.

The RightsCast, Episode 10, Part 1: Professor César García Hernández, “Naturalizing Immigration Imprisonment”

Episode 10 of The RightsCast features César García Hernández, one of my most distinguished colleagues at the University of Denver School of Law and an expert on the growing intersection of criminal and immigration law. In the episode, his discusses his article “Naturalizing Immigration Imprisonment,” which is forthcoming in the California Law Review. César is the author of many highly regarded articles about the intersection of criminal and immigration law, and also runs the crImmigration.com blog, an award-winning blog about the intersection of criminal law and immigration law that is widely read among both professors and practitioners. To keep up with recent developments, you can find César on Twitter under the handle @crimmigration.

Immigration-related imprisonment has become an increasingly prominent feature of both criminal and civil immigration law enforcement and understanding why this is and the consequences for the justice system and for migrants is a critical step in immigration reform. Because of the importance of the topic and César’s incredible expertise in this area, I quickly realized that the topic required discussion in two segments rather than one, so the first part of César’s interview is available below, and I will release the second part next week as Episode 10, Part 2.