Author: Mario Nicolais
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Nicolais: Boulder sexual assault case provides no answers in a broken system
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I don’t have the answer. I want that to be clear right from the beginning. As a member of the University of Colorado family, an attorney and stepfather to a college-aged woman, the stories regarding Austin Wilkerson and the sexual assault he committed leave me with many more questions than answers. I didn’t sit through…
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Nicolais: Court kicks third parties to the curb
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Trump or Clinton. Clinton or Trump. Our country’s two-party dichotomy dominates the presidential race and leaves little alternative for many Americans who view this year’s election as a choice between evils. With two dramatically flawed candidates securing the nominations of the Republican and Democratic parties, a morose pall cloaks the election. The very structure of…
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Nicolais: Courts cementing election rules for November and the future
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With conventions concluded and presidential candidates trading barbs, recent voting rights cases barely show up on the election radar. The impact, both for the coming election and for decades to come, could be monumental. Two decisions in two key swing states could tip the balance of the campaign and lead to sweeping changes across the…
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Nicolais: Stigmatizing Dan Pabon
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State Rep. Dan Pabon made a mistake. Nobody knows that better than Dan Pabon. After police video of his St. Patrick’s Day DUI arrest surfaced, Pabon again finds himself in an unwanted spotlight. Pabon appears on the tape pleading with an officer to avoid an arrest. As so often happens, one mistake led to another.…
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Nicolais: Supreme Court refuses to pull the trigger on gun laws
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Supreme Court inaction often speaks as loudly as any opinion. By denying review of recent gun control laws in New York and Connecticut, the court effectively allowed the bans to remain in place. Without issuing a word on the merits, the court affected the gun rights debate more than Congress has over the past two…
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Nicolais: Judging Trump
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Gonzalo Curiel. Born and raised in a Midwestern small town. Graduated from the University of Indiana the year before Larry Bird arrived. Practiced law in the Hoosier state for seven years before leaving to fight Mexican drug cartels on behalf of the Department of Justice. Appointed to a state judgeship by Arnold Schwarzenegger and confirmed…
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Nicolais: Race and justice
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The 7-1 Supreme Court decision in Foster v. Chatman shed light on underlying and pervasive racial tensions that plague our justice system. Nearly 20 years after Timothy Foster’s conviction and death sentence, prosecutors’ recently released notes reveal race played a part in his jury selection. Foster is African-American, and prosecutors systematically challenged potential voters who…
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Nicolais: Colorado studies letting techs practice law
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Q: What do you call 1,000 lawyers chained together at the bottom of the ocean? A: A good start. Every lawyer knows this old joke. Frustration with lawyers, legalese, and attorney fees lead many non-lawyers to agree with the sentiment – or even ask how they can help. But for many people in our state,…
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Nicolais: Dwyer ruling won’t resolve K-12 funding debate
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Earlier this week, the Colorado Supreme Court waded into the political battlefield of K-12 education funding. Long the domain of complex legislative fights, the interplay between the state’s budgeting process and education funding mandates always seemed destined to end in court. Beginning with passage of Amendment 23 in 2000, the state has an obligation to…
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Nicolais: Cynical, ‘politicist’ readings of Constitution substitute sound bites for consistency
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Donald Trump stumbled across another political powder keg last week and couldn’t help himself from lighting a match. Again. In an interview with Bill O’Reilly, Trump challenged the 14th Amendment provision that makes anyone born on American soil a U.S. citizen. Almost 150 years after Republicans pushed through passage of the amendment, the current Republican…