With a long tradition of rigorous legal scholarship, University of Denver Sturm College of Law faculty members publish articles in the nation’s top scholarly journals and in numerous peer-reviewed and specialty journals. The faculty’s extensive record of interdisciplinary scholarly publication includes academic books, treatises, and leading law school casebooks, in addition faculty members implement innovative approaches to teaching and learning.
Submissions from 2020
Teaching “Good Work” in the Law, John Bliss
College Athletes in Revenue-Generating Sports as Employees: A Look into the Alt-Labor Future, Roberto L. Corrada
The Northwestern University Football Case: A Dissent, Roberto L. Corrada
Can Political Headwinds Against U.S. Offshore Wind Power Help Policy Change Course?, K.K. DuVivier
Siting Wind Turbines, K.K. DuVivier
The Law of Distributed Generation in the United States—Conclusions [including microgrids], K.K. DuVivier
Moat Mentality: Onshore and Offshore Approaches to Wind Waking, K.K. DuVivier and Brendan Mooney
An Ethical Framework for Global Vaccine Allocation, Ezekiel J. Emanuel, Govind Persad, Adam Kern, Allen Buchanan, Cécile Fabre, Daniel Halliday, Joseph Heath, Lisa Herzog, R. J. Leland, Ephrem T. Lemango, Florencia Luna, Matthew S. McCoy, Ole F. Norheim, Trygve Ottersen, G. Owen Schaefer, Kok Chor Tan, Christopher Heath Wellman, Jonathan Wolff, and Henry S. Richardson
Fair Allocation of Scarce Medical Resources in the Time of Covid-19, Ezekiel J. Emanuel, Govind Persad, Ross Upshur, Beatriz Thome, Michael Parker, Aaron Glickman, Cathy Zhang, Connor Boyle, Maxwell Smith, and James P. Phillips
How the Coronavirus May Force Doctors to Decide Who Lives, Who Dies, Ezekiel J. Emanuel, James Phillips, and Govind C. Persad
Amici Curiae Brief of the International Municipal Lawyers Association and Legal Scholars in Support of Defendants-appellees in Portland Pipe Line Corporation, et al. v. City of South Portland, et al., Sarah J. Fox, Sara C. Bronin, Nestor M. Davidson, Keith H. Hirokawa, Ashira Pelman Ostrow, Dave Owen, Laurie Reynolds, Jonathan D. Rosenbloom, and Sarah Schindler
Pandemic Guidelines, Not Changed Malpractice Rules, Are the Right Response to COVID-19, Valerie Gutmann Koch, Govind C. Persad, and Wendy Netter Epstein
Not All Violence in Relationships is “Domestic Violence", Tamara L. Kuennen
The Law of Toxic Substances and Hazardous Waste, Jan G. Laitos, John S. Applegate, Mary J. Angelo, and Jeffrey M. Gaba
Pioneers of Environmental Law, Jan G. Laitos and John Copeland Nagle
Principles of Natural Resources Law, 2d ed., Jan G. Laitos and Sandra B. Zellmer
US Public Attitudes Toward COVID-19 Vaccine Mandates, Emily A. Largent, Govind Persad, Samantha Sangenito, Aaron Glickman, Connor Boyle, and Ezekiel J. Emanuel
Sensitive Species Data in Colorado’s State and Local Government Decision-Making, Kevin J. Lynch, Marissa Hoffman, Katherine Klein, John Molera, Merrily Newcomb, Sarah Matsumoto, Wyatt Sassman, and Natalie Norcutt
Climate Policy & Environmental Justice Recommendations for Colorado: Environmental Justice and the Climate Action Plan to Reduce Pollution, Kevin J. Lynch, Edwin Lamair, and Evan Healey
Respecting Disability Rights — Toward Improved Crisis Standards of Care, Michelle M. Mello, Govind Persad, and Douglas B. White
Fair Coronavirus Triage Guidelines—Not Business as Usual—Will Save More Patients with Disabilities from Covid-19, Joseph Millum and Govind C. Persad
Choosing Affordable Health Insurance, Govind Persad
Disability Law and the Case for Evidence-based Triage in a Pandemic, Govind Persad
Expensive Patients, Reinsurance, and the Future of Health Care Reform, Govind Persad
A Conceptual Framework for Clearer Ethical Discussions About COVID-19 Response, Govind C. Persad
Advance Directives and Transformative Experience: Resilience in the Face of Change, Govind C. Persad
Arizona’s Crisis Standards of Care and Fair Allocation of Resources During COVID-19, Govind C. Persad
How Triage During COVID-19 Can be Fair to Patients with Disabilities, Govind C. Persad
Philosophers on Access to Medicine: What Sort of Access to Which Medicines?, Govind C. Persad
What Are the Ethics Behind Covid-19 “Immunity Passports”?, Govind C. Persad and Ezekiel J. Emanuel
Diversity and Solidarity in Response to Covid-19, Govind C. Persad and David Wasserman
The Case for Valuing Non-health and Indirect Benefits, Govind Persad and Jessica du Toit
The Ethics of COVID-19 Immunity-based Licenses ("Immunity Passports"), Govind Persad and Ezekiel J. Emanuel
Fairly Prioritizing Groups for Access to COVID-19 Vaccines, Govind Persad, Monica E. Peek, and Ezekiel J. Emanuel
Allocating Medical Resources in the Time of Covid-19. Reply, Govind Persad, James Phillips, and Ezekiel J. Emanuel
Criminal Trespass and Computer Crime, Laurent Sacharoff
The Fourth Amendment Inventory as a Check on Digital Searches, Laurent Sacharoff
Expanded Outdoor Dining Must Make Room for Public in Public Spaces, Sarah Schindler
Pardoning Dogs, Sarah Schindler
Tear It All Down: Highways as Racist Monuments, Sarah Schindler
Tear It All Down: Highways as Racist Monuments, Sarah Schindler
How the Law Fails Tenants (and Not Just During a Pandemic), Sarah Schindler and Kellen Zale
Looking Back: A Case Study of Career Interest and Experiential Learning in Law School, David I.C. Thomson and Stephen Daniels
Setting Priorities Fairly in Response to Covid-19: Identifying Overlapping Consensus and Reasonable Disagreement, David Wasserman, Govind C. Persad, and Joseph Millum
Setting Priorities Fairly in Response to Covid-19: Identifying Overlapping Consensus and Reasonable Disagreement, David Wasserman, Govind Persad, and Joseph Millum
Submissions from 2019
Windmills of Your Mind: Understanding the Neurobiology of Emotion, Debra S. Austin
Rights as a Zero-Sum Game, Rebecca Aviel
Accounting and Corporate Finance for Lawyers, Stacey L. Bowers
Focusing Patent Litigation, Bernard Chao
Saliency, Anchors & Frames: A Multicomponent Damages Experiment, Bernard Chao
How Evidence of Subsequent Remedial Measures Matters, Bernard Chao and Kylie Santos
Distributed Renewable Energy, K.K. DuVivier
Horizontal Regulatory Coherence Aspects of the TPP, David A. Gantz and Jorge Huerta-Goldman
Saving the Electoral College: Why the National Popular Vote Would Undermine Democracy, Robert M. Hardaway
How Science Has Influenced, but Should now Determine, Environmental Policy, Jan G. Laitos
Natural Resources Law, 3d ed., Jan G. Laitos
Fracking the Public Trust, Kevin J. Lynch
Authority Without Identity: Defending Advance Directives via Posthumous Rights Over One's Body, Govind Persad
Considering Quality of Life while Repudiating Disability Injustice: A Pathways Approach to Setting Priorities, Govind Persad
Cost-effectiveness in Animal Health, Govind Persad
Examining Pharmaceutical Exceptionalism: Intellectual Property, Practical Expediency, and Global Health, Govind Persad
Justice and Public Health, Govind Persad
Transparency Trade-offs Priority Setting, Scarcity, and Health Fairness, Govind Persad
Will More Organs Save More Lives? Cost‐effectiveness and the Ethics of Expanding Organ Procurement, Govind Persad
Do Pharmaceutical Patents Generate Unique Global Health Duties?, Govind C. Persad
What Should We Ask About Age-Based Criteria in Healthcare?, Govind C. Persad
Differential Payment to Research Participants in the Same Study: An Ethical Analysis, Govind Persad, Holly Fernandez Lynch, and Emily Largent
Are Medicaid Closed Formularies Unethical?, Leah Rand and Govind Persad
What Am I Really Saying When I Open My Smartphone: A Response to Prof. Kerr, Laurent Sacharoff
Reconsidering the Strength of the Boundary Line, Sarah Schindler
Submissions from 2018
Intimate Partner Violence & Men’s Professional Sports: Advancing the Ball, Chelsea Augelli and Tamara L. Kuennen
Rule 8.4 and the First Amendment: Distinguishing Between Discrimination and Free Speech, Rebecca Aviel
Drifting Law Students: Public Interest Caught in the Law Firm Pipeline, John Bliss
Rethinking the First Year Curriculum, John Bliss
The Law School Laboratory: A Call for Developing the “Third Apprenticeship” Through Experimental Research, John Bliss
Does Cryptocurrency Trading Favor Retail Investors, and if So, for How Long?, Stacey L. Bowers
What is an Initial Coin Offering (ICO)?, Stacey L. Bowers
Lost Profits in a Multicomponent World, Bernard Chao
Why Courts Fail to Protect Privacy: Race, Age, Bias, and Technology, Bernard Chao, Catherine Durso, Ian Farrell, and Christopher Robertson
The New Settlement Tools, Bernard Chao, Christopher Robertson, and David Yokum
Reflections of a “Pitiyanqui”: My History with LatCrit, Roberto L. Corrada
Colorado Employment Law and Practice, Roberto L. Corrada and Theresa L. Corrada
Labor Law in the Contemporary Workplace, Kenneth G. Dau-Schmidt, Martin H. Malin, Roberto L. Corrada, Christopher David Ruiz Cameron, and Catherine L. Fisk
Distributed Renewable Energy: Summary and Key Recommendations, K.K. DuVivier
Left-Wing, Right-Wing: The Case for Realignment of Political Labels, Robert M. Hardaway
Marijuana Politics: Uncovering the Troublesome History and Social Costs of Criminalization, Robert M. Hardaway
Positive Institutions: Organizations, Laws, and Policies, Peter H. Huang, Anne M. Brafford, Debra S. Austin, and Martha Knudson
Jeff Sessions’s New Pot Policy: What Happens Now?, Sam Kamin
Lies, Damned Lies, and Statistics About Marijuana Legalization, Sam Kamin
Maybe This Time Is Different, Sam Kamin
“You’ve Always Had the Power.” Marijuana, Federalism, and Separation of Powers, Sam Kamin
A Rosetta Stone for Causation, Martin J. Katz
Making Sense of Causation in Mixed Movies Cases, Martin J. Katz
The Paralysis Paradox and the Untapped Role of Science in Solving “Big” “Environmental Problems, Jan G. Laitos and Christopher Ainscough
Regulation of Toxic Substances and Hazardous Waste, 3d ed., Jan G. Laitos, John S. Applegate, Jeffrey M. Gaba, and Noah M. Sachs
Costs and Consequences of Wake Effects Arising from Uncoordinated Wind Energy Development, J.K. Lundquist, K.K. DuVivier, D. Kaffine, and J.M. Tomaszewski
A Fracking Mess: Just Compensation for Regulatory Takings of Oil and Gas Property Rights, Kevin J. Lynch
Distributive Justice and the Relief of Household Debt, Govind Persad
Downward Mobility and Rawlsian Justice, Govind Persad
Evaluating the Legality of Age-based Criteria in Health Care: From Nondiscrimination and Discretion to Distributive Justice, Govind Persad