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 2018
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
Paying Patients: Legal and Ethical Dimensions, Govind Persad
Do Bots Have First Amendment Rights?, Laurent Sacharoff
Russia Gave Bots a Bad Name. Here’s Why We Need Them More Than Ever, Laurent Sacharoff
Unlocking the Fifth Amendment: Passwords and Encrypted Devices, Laurent Sacharoff
Food Federalism: States, Local Governments, and the Fight for Food Sovereignty, Sarah Schindler
The "Publicization" of Private Space, Sarah Schindler
President Trump, The New Chicago School, and the Future of Environmental Law and Scholarship, Sarah Schindler and Jason Czarnezki
If You Build It, They Will Come: What Students Say About Experiential Learning, David I.C. Thomson and Stephen Daniels
Submissions from 2017
Divided Selves: Professional Role Distancing among Law Students and New Lawyers in a Period of Market Crisis, John Bliss
Time is Money: An Empirical Assessment of Non-economic Damages Arguments, John Campbell, Bernard Chao, and Christopher Robertson
Testing the White Hat Effect in Patent Litigation, Bernard Chao and Roderick O’Dorisio
Dilemmas in Access to Medicines: A Humanitarian Perspective – Authors' Reply, Ezekiel J. Emanuel and Govind Persad
Why Environmental Policies Fail, Jan G. Laitos and Juliana Okulski
Bankruptcy Beyond Status Maintenance, Govind Persad
Beyond Administrative Tunnel Vision: Widening the Lens of Costs and Benefits, Govind Persad
Public Preferences about Fairness and the Ethics of Allocating Scarce Medical Interventions, Govind Persad
What is the Relevance of Procedural Fairness to Making Determinations about Medical Evidence?, Govind Persad
The Case for Resource Sensitivity: Why It Is Ethical to Provide Cheaper, Less Effective Treatments in Global Health, Govind C. Persad and Ezekiel J. Emanuel
Who Should Own Police Body Camera Videos?, Laurent Sacharoff and Sarah Lustbader
Equalizing Exactions, Sarah Schindler
Skills & Values: Discovery Practice, David I.C. Thomson
Skills & Values: Lawyering Process, David I.C. Thomson
Submissions from 2016
Countering the Plaintiff’s Anchor: Jury Simulations to Evaluate Damages Arguments, John Campbell, Bernard Chao, Christopher Robertson, and David Yokum
Horizontal Innovation and Interface Patents, Bernard Chao
Enhancing Conservation Options: An Argument for Statutory Recognition of Options to Purchase Conservation Easements (OPCEs), Federico Cheever and Jessica Owley
Transmission and Transport of Energy in the Western U.S. and Canada: A Law and Policy Road Map, K. K. DuVivier, Nate Larsen, Nick Lawton, Sam Kalen, Stephen R. Miller, Melissa Powers, Tara Kathleen Righetti, Troy A. Rule, and Amelia Schlusser
NIMBY To NOPE—Or YESS?, K.K. DuVivier and Thomas Witt
Women Who Kill Women, Rashmi Goel
Marijuana Legalization in Colorado: Lessons for Colombia, Sam Kamin
The Experiential Course Book I Have Been Waiting For, Martin J. Katz
Encouraging this Particular Form of (Very Fun) Madness – Roles for Deans and Faculty Members, Martin J. Katz and Phoenix X. F. Cai
Background Checks for Firearms Sales and Loans: Law, History, and Policy, David B. Kopel
The Strange Career of Private Takings of Private Property for Private Use, Jan G. Laitos
Regulation of Fracking Is Not a Taking of Private Property, Kevin Lynch
Health Theater, Govind Persad
Law, Science, and the Injured Mind, Govind Persad
Should Research Ethics Encourage the Production of Cost-effective Interventions?, Govind Persad
Expanding Deliberation in Critical-care Policy Design, Govind C. Persad
The Ethics of Expanding Access to Cheaper, Less Effective Treatments, Govind C. Persad and Ezekiel J. Emanuel
Sufficiency, Comprehensiveness of Healthcare Coverage and Cost-sharing Arrangements in the Realpolitik of Health Policy, Govind Persad and Harald Schmidt
Conspiracy as Contract, Laurent Sacharoff
Access, Exclusion, and Value, Sarah Schindler
Comments on When God isn't Green, Sarah Schindler
Exploring Options for Urban Sustainability in an Era of Scarce Water Resources: A Possible Ban on Lawns, Sarah Schindler
How Online Learning Can Transform Legal Education, David I.C. Thomson
Submissions from 2015
Disquieting Discretion: Race, Geography & the Colorado Death Penalty in the First Decade of the Twenty-first Century, Meg Beardsley, Sam Kamin, Justin F. Marceau, and Scott Phillips
The Future Direction of Delaware Law (Including a Brief Exegesis on Fee Shifting Bylaws), J. Robert Brown Jr.
Comment Letter on Rule 14a-8(I)(10), Securities & Exchange Commission, June 18, 2015, J. Robert Brown Jr.
Comment Letter: The NYSE and the End of the Structural Separation Between Regulatory and Commercial Interests of the Exchange, J. Robert Brown Jr.
Comment on Rule 14a-8(i)(9), Securities and Exchange Commission, June 30, 2015, J. Robert Brown Jr.
Secularism, Sharia, and the Turkish Financial Markets, J. Robert Brown Jr.
Staying in the Delaware Corporate Governance Lane: Fee Shifting Bylaws and a Legislative Reaffirmation of the Rules of the Road, J. Robert Brown Jr.
Brief for Amici Curiae Scholars of the Constitutional Rights of Children in Support of Respondent Edith Windsor Addressing the Merits and Supporting Affirmance, J. Robert Brown Jr., Catherine E. Smith, Kyle C. Velte, Susannah William Pollvogt, and Tanya Washington
Causation and Harm in a Multicomponent World, Bernard Chao
Sustainable Development and Its Discontents, Federico Cheever and John C. Dernbach
An Introduction to Conservation Easements in the United States: A Simple Concept and a Complicated Mosaic of Law, Federico Cheever and Nancy A. McLaughlin
High Value Lies, Ugly Truths, and the First Amendment, Alan K. Chen and Justin F. Marceau
The Superagency Solution, K.K. DuVivier
Wind Power Growing Pains, K.K. DuVivier
Clinical Research: Should Patients Pay to Play?, Ezekiel J. Emanuel, Steven Jofe, Christine Grady, David Wendler, and Govind Persad
Immigration Law by Proxy: The Case of Colorado’s Human Smuggling Crime, César Cuauhtémoc García Hernández
The Life of Crimmigration Law, César Cuauhtémoc García Hernández
Coaxing Culture: India’s Legislative Response to Dowry Deaths, Rashmi Goel
Comparative Perspectives on Gender Violence: Lessons From Efforts Worldwide, Rashmi Goel and Leigh Goodmark
Panel on Problematizing Assumptions about Gender Violence (transcript), Rashmi Goel, Tamara Love, Elizabeth MacDowell, and Adele Morrison
Domestic Violence and the Confrontation Clause: The Case for a Prompt Post-arrest Confrontation Hearing, Robert M. Hardaway
Extrajudicial Executions and Assaults in American Prisons and the Looming Human Rights Crisis, Robert M. Hardaway and Brandi Joffrion
The Battle of the Bulge: The Surprising Last Stand Against State Marijuana Legalization, Sam Kamin
The Limits of Marijuana Legalization in the States, Sam kamin
The Work of the Task Force to Implement Amendment 64: A Case Study, Sam kamin
Remember Not to Forget Furman: A Response to Professor Smith, Sam Kamin and Justin F. Marceau
Trademark Laundering, Useless Patents, and Other IP Challenges for the Marijuana Industry, Sam Kamin and Viva Moffat
Public Lawyers and Marijuana Regulation, Sam Kamin and Eli Wald
Understanding the Costs of Experiential Legal Education, Martin J. Katz
Rethinking the Curriculum: A Balanced Curriculum, Martin J. Katz and Kenneth R. Margolis
Transforming Legal Education as an Imperative in Today's World: Leadership and Curricular Change, Martin J. Katz and Kenneth R. Margolis
Distance Education and the Evolution of Online Learning in the United States, Hope Kentnor
The First Century of Right to Arms Litigation, David B. Kopel
FOIA, Inc., Margaret B. Kwoka
Setting Congress Up to Fail, Margaret B. Kwoka
The Gardener and the Sick Garden: How Not to Address the Planet's Environmental Issues, Jan G. Laitos and Juliana E. Okulski
Natural Resources Law, Jan G. Laitos and Sandra B. Zellmer
Communication in Cyberspace, Nancy Leong and Joanne Morando
Free Speech and Democracy in the Video Age, Justin F. Marceau and Alan K. Chen
Difference Blindness vs. Bias Awareness: Why Law Firms with the Best of Intentions have Failed to Create Diverse Partnerships, Russell G. Pearce and Eli Wald
Three Dichotomies in Lawyers’ Ethics (with Particular Attention to the Corporation as Client), Stephen Pepper
Equality via Mobility: Why Socioeconomic Mobility Matters for Relational Equality, Distributive Equality, and Equality of Opportunity, Govind Persad
On H. M. Oliver’s “Established Expectations and American Economic Policies”, Govind Persad
Priority Setting, Cost-effectiveness, and the Affordable Care Act, Govind Persad
The Medical Cost Pandemic:Why Limiting Access to Cost-effective Treatments Hurts the Global Poor, Govind Persad
Governance and Uncertainty, Justin R. Pidot
The Keyes to Reclaiming the Racial History of the Roberts Court, Tom Romero II
Dignity and the Eighth Amendment: A New Approach to Challenging Solitary Confinement, Laura L. Rovner
Architectural Exclusion: Discrimination and Segregation through Physical Design of the Built Environment, Sarah Schindler
Regulating the Underground: Secret Supper Clubs, Pop-up Restaurants, and the Role of Law, Sarah Schindler
Brief of Amici Curiae Scholars of the Constitutional Rights of Children in Support of Petitioners in Obergefell v. Hodges, Catherine E. Smith, Lauren Fontana, Susannah William Pollvogt, and Tanya Washington