In This Section

Constitutional Rights and Remedies Publications

New in Print from Constitutional Rights & Remedies Faculty

Alan Chen contrasts the relative ease getting a constitutional claim into federal court with the many barriers, erected by the Supreme Court, likely to defeat the claim as it is litigated. In other remedial areas, the Court creates alternative routes of Constitutional enforcement that alleviate the severity of cutting off access to the courts. But in lawsuits against state and local officials for damages resulting from their violation of the Constitution, the Court has erected barriers without providing these types of alternatives, thus undermining an important aspect of the architecture for the enforcement of Constitutional rights. Rosy Pictures and Renegade Officials: The Slow Death of Monroe v. Pape, 78 UNIVERSITY OF MISSOURI AT KANSAS CITY LAW REVIEW889 (2010).

Justin Marceau presents a way to recast the bitter and contentious debate about limitations the Anti-Terrorism and Effective Death Penalty Act of 1996 places on habeas corpus relief sought in state courts: Where arguments arise over whether state proceedings fail to provide adequate protections for defendants under the AEDPA, the better guide for federal courts to follow is the writ itself. See Don’t Forget Due Process: The Path (Not) Yet Taken in § 2254 Habeas Corpus Adjudications, 62 HASTINGS LAW JOURNAL, 1 (2010).

Rebecca Aviel proposes a way to correct the imbalance created in the wake of the Supreme Court decision, DeShaney v Winnebago County. DeShaney denied a constitutional remedy for harm done to a child following the failure of a social worker to remove the child from a dangerous home. Professor Aviel points out that, paradoxically, a social worker committing the opposite error—wrongfully removing a child from his or her home when danger does not in fact exist—potentially faces constitutional tort liability. Her solution is for federal courts to include social workers in the narrow group of officials who are entitled to absolute immunity for certain kinds of conduct. Restoring Equipoise to Child Welfare, 62 HASTINGS LAW JOURNAL 401 (2010).

Justin Marceau argues that current doctrines applying plurality opinions in Eighth Amendment cases fail to supply reliable and regular standards for these death penalty adjudications. Professor Marceau offers a two-tier inquiry for discerning the proper method to resolve the ambiguity currently dominating this area of law. See Lifting the Haze of Baze: Lethal Injection, the Eighth Amendment, and Plurality Opinions, 41 ARIZONA STATE LAW REVIEW, 1259 (2009).

Justin Marceau is co-author of the recently published FEDERAL HABEAS CORPUS: CASES AND MATERIALS, 2d. ed. a treatment of the topic both comprehensive and current. The casebook traces the origin and history of habeas corpus up through thorny and contentious issues arising under AEDPA and from the Guantanamo cases. (From Carolina Academic Press, 2011.)

Sam Kamin is co-author of INVESTIGATIVE CRIMINAL PROCEDURE: A CONTEMPORARY APPROACH (2011), an entry in West-Thompson’s Interactive Casebook Series. It traces the development of pretrial rights guaranteed by the Fourth, Fifth, and Sixth Amendments.

Against the statistical backdrop showing that minorities are overrepresented in the criminal justice system, Robin Walker Sterling urges criminal defense attorneys to employ concrete tactics and strategies in their cases to “get race discrimination and bias issues before the court and on the record.” Disproportionate minority contact (DMC), she writes, results from day-to-day practices relied on at every stage of the criminal justice system—from discretion exercised by police on the street, to narrowed legal definitions of what constitutes racism and discrimination, to prosecutorial practices disadvantaging minority defendants, and so on. Her prescriptive suggestions, she argues, would shine the light of day on these systemic causes of DMC and make them an express part of discourse, inside and outside the courtroom, about the directions the criminal justice system has taken. See “Raising Race,” in the April 2011 edition of THE CHAMPION, a publication of the National Association of Criminal Defense Lawyers. www.NACDL.org

Alan Chen

Associate Dean for Faculty Scholarship and Professor

Rights Lawyer Essentialism: Reflections on Richard Thompson Ford’s Rights Gone Wrong, 111 Mich. L. Rev._ (forthcoming April 2013).
PUBLIC INTEREST LAWYERING: A CONTEMPORARY PERSPECTIVE, co-authored with Scott L. Cummings, (2013).
Rosy Pictures and Renegade Officials: The Slow Death of Monroe v. Pape, 78 UMKCL.REV. 889 (2010).
Cafeteria Plan Federalism: Morrison, Castle Rock, and Domestic Violence as a Joint National-State Concern, (work in progress) (2009).
Can a State Change Its System for Allocating Electoral Votes by Citizen Initiative?, (work in progress) (2009).
Law, Lawyering, and Social Change (forthcoming, Aspen Publishing; publication date TBA), (2009).
Bureaucracy and Distrust: Germaneness and the Paradoxes of Academic Freedom Doctrine, 77 U. Colo. L. Rev. 955 (2006).
The Facts about Qualified Immunity, 55 Emory L.J. 229 (2006).
Forced Patriot Acts, 81 Denv. U. L. Rev. 703 (2004).
Foreword: Bill Beaney's Continuing Relevance, 81 Denv. U. L. Rev. 217 (2003).
Statutory Speech Bubbles, First Amendment Overbreadth, and Improper Legislative Purpose, 38 Harv. C.R.-C.L. L. Rev. 31 (2003).
Teens in the UV Tanning Booth? Tax the Tan, co-authored with with Dellavalle, RP, Schilling, LM, Hester, EJ, ARCHIVES OF PEDIATRIC AND ADOLESCENT MEDICINE 2003, 157: 845-846.
Youth Access Laws: In the Dark at the Tanning Parlor, co-authored with with Dellavalle, Parker, Cersonsky, Hemme, Burkhardt, and Schilling, 139 ARCHIVES OF DERMATOLOGY 443 (April 2003).
Liability of Private Firms Performing Public Functions, TRIAL, Oct. 1999, at 60.
Shadow Law: Reasonable Unreasonableness, Habeas Theory, and the Nature of Legal Rules, 2 Buff. Crim. L. Rev 535 (1999).
Constitutional Law, in 1997 ANNUAL SURVEY OF COLORADO LAW, (1997).
The Burdens of Qualified Immunity: Summary Judgment and the Role of Facts in Constitutional Tort Law, 47 Am. U. L. Rev. 1 (1997).
"Meet The New Boss . . . ", 73 Denv. U. L. Rev. 1253 (1996).
The Ultimate Standard: Qualified Immunity in the Age of Constitutional Balancing Tests, 81 Iowa L. Rev. 261 (1995).
Burns v. Reed--Narrowing the Prosecutor's Protection From Liability for Unconstitutional Conduct, 3 POLICE MISCONDUCT AND CIVIL RIGHTS LAW REPORT 121 (1991).
Due Process As Consumer Protection: State Remedies For Distant Forum Abuse, 20 Akron L. Rev. 9 (1986).

Rebecca Aviel

Assistant Professor

Why Civil Gideon Won’t Fix Family Law, 122 YALE L.J. ___(forthcoming 2013) (symposium contribution).
The Boundary Claim’s Caveat: Lawyers and Confidentiality Exceptionalism, 86 TUL. L. REV. 1055 (2012).
When the State Demands Disclosure, 33 CARDOZO L. REV. 675 (2011).
Restoring Equipoise to Child Welfare, 62 HASTINGS L.J. 401 (2010).
Compulsory Education and Substantive Due Process: Asserting Student Rights to a Safe and Healthy School Environment, 10 LEWIS & CLARK L. REV. 201 (2006).

Brittany Glidden

Lecturer

Necessary Suffering?: Weighing Government and Prisoner Interests in Determining What is Cruel and Unusual, __ Am. Crim. L. Rev. __ (forthcoming Fall 2012).
Requiring the State to Justify Supermax Confinement for Mentally Ill Prisoners: A Disability Discrimination Approach, co-authored with Laura Rovner, _Denv. U. L. Rev. _ (Forthcoming Fall 2012).

Sam Kamin

Director, Constitutional Rights & Remedies Program and Professor

Vicarious Liability for Capital Aggravating Factors: A Bridge too Far, co-authored with Justin Marceau, __ FLORIDA LAW REVIEW ___ (forthcoming 2013).
Medical Marijuana in Colorado and the Future of Marijuana Regulation in the United States, 43 McGeorge Law Review 147 (2012).
Medical Marijuana Lawyers: Outlaws or Crusaders?, co-authored with Eli Wald, ___ OREGON LAW REVIEW ___ (forthcoming 2012).
Colorado Capital Punishment: An Empirical Study, co-authored with Justin Marceau and Wanda Foglia, ___ COLORADO LAW REVIEW ___ (forthcoming 2012).
Medical Marijuana in Colorado and the Future of Marijuana Regulation in the United States, 43 MCGEORGE LAW REVIEW 147 (2012).
Duke Lacrosse, Prosecutorial Misconduct, and the Limits of the Civil Justice System, ch. in Institutional Failures: Duke Lacrosse, Universities, the News Media, and the Legal System (Ashgate Press 2011).
The Facts about Ring v. Arizona and the Jury’s Role in Capital Sentencing, co-authored with Justin Marceau, 13 JOURNAL OF CONSTITUTIONAL LAW 529 (2011).
An Article III Defense of Merits-First Decisionmaking in Civil Rights Litigation: The Continued Viability of Saucier v. Katz, 16 GEO. MASON L. REV 53 (2008).
An Article III Defense of Merits-First Decisionmaking in Civil Rights Litigation: The Continued Viability of Saucier v. Katz, 16 GEORGE MASON LAW REVIEW 53 (2008).
How the War on Terror May Affect Domestic Interrogations: The 24 Effect, 4 Chapman U. L. Rev. ___ (forthcoming 2007).
How the Blogs Saved Law School: Why a Diversity of Voices Will Undermine the U.S. News & World Report Rankings, 81 Ind. L.J. 375 Indiana Law Journal Winter, 2006 Symposium: The Next Generation of Law School Rankings.
The Cultural Lives of Capital Punishment: Comparative Perspectives, Austin Sarat and Christian Boulanger, Eds. Stanford University Press (2005), 9(3) Punishment and Society 331 (2007).
Death Qualification and True Bifurcation: Building on the Massachusetts Governor's Council's Report, 80 Ind. L.J. 131 Indiana Law Journal Winter, 2005 Symposium Jeffrey J. Pokorak.
Symposium: Toward a Model Death Penalty Code: The Massachusetts Governor's Council Report, Panel Discussion, 80 INDIANA LAW JOURNAL 91 (2005).
The Private is Public: The Relevance of Private Actors in Defining the Fourth Amendment, in Civil Rights Litigation and Attorney Fees Handbook, (Steven Saltzman, ed., 2005).
The Private is Public: The Relevance of Private Actors In Defining the Fourth Amendment, 46 B.C. L. Rev. 83 Boston College Law Review December, 2004 Article.
Amicus Curiae Brief of the California Public Defenders Association in Support of Respondent in Lockyer v. Andrade, 123 S.Ct. 1166 (2003).
Facts, Fallacies and the California Three Strikes, 40 Duq. L. Rev. 605 Duquesne Law Review Spring 2002 Rebuttal Franklin E. Zimring.
Harmless Error and the Rights/Remedies Split, 88 Va. L. Rev. 1 Virginia Law Review March 2002 Article.
Little Brothers are Watching You: The Importance of Private Actors in the Making of Fourth Amendment Law, 79 Denv. U. L. Rev. 517 Denver University Law Review 2002.
Punishment and Democracy: Three Strikes and You're Out in California, co-authored with Franklin E. Zimring and Gordon Hawkins, (Oxford University Press, 2001).
Crime & Punishment in California: The Impact of Three Strikes and You're Out, co-authored with Franklin E. Zimring and Gordon Hawkins, (Institute of Governmental Studies Press, 1999).
Law and Technology: The Case for a Smart Gun Detector, 59-WTR Law & Contemp. Probs. 221 Law and Contemporary Problems Winter 1996 Kids, Guns, and Public Policy.
The Effect of "Three Strikes and You're Out" on the Courts: Looking Back to See the Future, In Three Strikes And You're Out: Vengeance As Public Policy, (David Shichor & Dale K. Sechrest, eds., 1996) (with Malcolm Feeley).

Jan G. Laitos

John A Carver, Jr. Professor of Law

Principles of Natural Resources Law, (forthcoming, Thompson West 2014).
Law of Property Rights Protection: Limitations on Governmental Powers, Aspen Publishers (2013).
Standing and Environmental Harm: The Double Paradox, 31 Virginia Envtl. L. Rev. 55 (2013).
Cases and Materials on Natural Resources Law 3d Edition, Thompson West (2012).
The Current Status of Cyanide Regulations, 34 Engineering and Mining Journal (February 2012).
The Right of Nonuse, Oxford University Press (2012).
The Role of Causation in Takings Claims, 20 William and Mary Bill of Rights Journal 1181 (2012).
The Current Status of Cyanide Regulations, 34 Engineering and Mining Journal (2012).
Equal Protection in Property and Planning, 64 Planning and Environmental:Law Review 4 (2012).
The Role of Brownfields as Sites for Mixed-Use Development Projects in America & Britain, Perspectives on International Law in an Era of Change 492 (2012).
The Regulation of Toxic Substances and Hazardous Waste 2d ed., co-authored with Applegate, Foundation Press 2011.
The Social Benefits of Property Rights Protection, Government Interventions and the European Court on Human Rights, Indiana International & Comparative Law Review (2011).
The Growing Rule of Nonuse Values in Land Use Planning and Environmental Law, 63 Planning & Environmental Law Review (2011).
The Right of Nonuse, University of Oregon Journal of Environmental Law (2011).
Property Rights, Housing and the American Constitution: The Social Benefits of Property Rights Protection, Government Interventions and the European Court on Human Rights’ Hutten-Czapska Decision, co-authored with Professor Ed Ziegler, Indiana International and Comparative Law Review, Vol. 21, No. 25 (2011).
The Emerging Role of Nonuse Values in Land Use Planning, co-authored with Swan, Land Use and Environmental Law published by American Planning Association. Vol. 63, Issue 3 (2011).
Property Rights, Housing, and the American Constitution: The Social Benefits of Property Rights Protection, Government Interventions, and the European Court of Human Rights’ Hutten – Czapska Decision, 21 , co-authored with Ed Ziegler, 21 Indiana International and Comparative Law Review 25 (2011).
Public-Private Partnerships in America for an Urban Mix Regeneration Site Development: The Case of the Polluted Gates Rubber Plant in Denver, New Housing Researchers Colloquium: ENHR (2011).
The Regulation of Toxic Substances and Hazardous Waste, co-authored with John Applegate, 2nd edition, Foundation Press (2011).
The Regulation of Toxic Substances and Hazardous Waste, Instructor’s Manual, co-authored with John Applegate, 2nd edition, Foundation Press (2011).
“Takings,” in Environmental Protection of Colorado Real Property, Bradford Publishing (2011).
The Law of Hazardous Waste and Toxic Substances, Foundation Press (2011).
The Growing Acceptance of Nonuse Values in Land Use Planning, Planning and Environmental Law Review, American Planning Association (2011).
Environmental Regulation of Colorado Real Property , (co-author, Bradford Press, (2011).
The Law of Property Rights Protection, (Aspen Law and Business 2010).
The Right of Nonuse, 25 Oregon Journal of Environmental Law & Litigation 303 (2010).
The Emerging Right of Nonuse, 55 Rocky Mountain Mineral Law Annual Inst. 25-1 (2010).
The Right of Nonuse, Proceedings of the 54th Annual Conference of the Rocky Mountain Mineral Law Foundation (2009).
The Problem With Wilderness, Harvard Environmental Law Review (2008).
The Problem With Wilderness, 32 Harvard Environmental Law Review 503 (2008).
The Law of Airspace Near Public Runways, 59 Planning and Environmental Law Review 1 (2007).
Cases and Materials on Natural Resources Law 2d Edition , (West Publishing, 2006) and Teachers Manual (West, 2007).
The Law of RCRA and CERCLA , (Foundation Press, 2006).
Recreation Wars for Our Natural Resources, (Foundation Press, 2006).
Literature Review of Severed Minerals, Split Estates, Rights Of Access, and Surface Use in Mineral Extraction, 2005 No. 1 Rocky Mt. Min. L. Fdn. Paper No. 1B Rocky Mountain Mineral Law Foundation Severed Minerals, Split Estates, Rights of Access, and Surface Use in Mineral Extraction Operations Paper 1B John A. Carver, Jr.,.
The Management of Hazardous Waste, (Foundation Press, 2005).
Multi-Layered, and Sequential, State and Local Barriers to Extractive Resource Development, 23 Va. Envtl. L.J. 1 Virginia Environmental Law Journal 2004 Elizabeth H. Getches Article.
Recreation Wars for Our Natural Resources, 34 Envtl. L. 1091 Environmental Law Fall 2004 Symposium Rachael B. Reiss.
The Multiple to Dominant Use Paradigm Shift in Natural Resources Management, 24 J. Land Resources & Envtl. L. 221 Journal of Land, Resources, and Environmental Law 2004.
Height Restrictions Near Airports: Physical Takings, Regulatory Takings, or Police Power Exercises, 55 Land Use Law & Zoning Digest 3 (Sept. 2003).
Whose Law Governs? State and Local Regulation on Federal Lands, and Federal Regulation on State Lands, 49 Rocky Mountain Mineral Law Institute 2003.
Hornbook on Natural Resources Law, (West Publishing, 2002).
The Law of Toxic Substances and Hazardous Wastes, (Foundation Press, 2000), and Teacher's Manual (300 pages) (2002).
The Moral Austerity of Environmental Decisionmaking, (Duke Univ. Press, 2002) (contributing author).
The New Retroactivity Causation Standard,, 51 Ala. L. Rev. 1123 (2000).
The New Dominant Use Reality on Multiple Use Lands,, 44 Rocky Mountain Mineral Law Institute 1 (1999).
The Transformation on Public Lands, 26 Ecology L.Q. 140 Ecology Law Quarterly 1999 Thomas A. Carr Article.
Legislative Retroactivity,, 52 Washington University Journal of Urban and Contemporary Law 81 (1997).
Takings and Causation,, 5 William & Mary Bill of Rights Journal 359 (1997).
Legislative Retroactivity, 52 Wash. U. J. Urb. & Contemp. L. 81 Washington University Journal of Urban and Contemporary Law 1997.
National Parks and the Recreation Resource, 74 Denv. U. L. Rev. 847 Denver University Law Review 1997 Symposium: the National Park System.
Takings and Causation, 5 Wm. & Mary Bill Rts. J. 359 William and Mary Bill of Rights Journal Summer 1997.
Judicial Protection of Private Property in Natural Resources: The American Experience,, 14 J. of Energy and Natural Resources 262 (1996).
May CERCLA Apply Retroactively?, 25-OCT Colo. Law. 103 Colorado Lawyer October, 1996 John R. Jacus Specialty Law Column.
Causation and the Unconstitutional Conditions Doctrine: Why the City of Tigard's Exaction Was a Taking, 72 Denv. U. L. Rev. 893 Denver University Law Review 1995 Symposium.
NEPA and Oil and Gas Development on Forest Service Lands, in The Natural Resources Law Manual at 205, (ABA Section of Natural Resources, Energy, and Environmental Law 1995).
Federal CERCLA Liability for Abandoned Mines, 23 Colo. Law. 371 Colorado Lawyer February, 1994 Natural Resource Notes.
Water Rights and Water Quality: Recent Developments, 23 Colo. Law. 2343 Colorado Lawyer October, 1994 Specialty Law Column.
The Public Use Paradox and the Takings Clause, 13 J. Energy Nat. Resources & Envtl. L. 9 Journal of Energy, Natural Resources, and Environmental Law 1993.
The Takings Clause in America's Industrial States After Lucas, 24 U. Tol. L. Rev. 281 University of Toledo Law Review Winter, 1993.
"Use of Agency Deliberations by Reviewing Courts,", 69 Denver Univ. L. Rev. 121 (1992).
Energy and Natural Resources Law in a Nutshell, (West Publishing, 1992).
Use of Agency Deliberations by Reviewing Courts, 69 Denv. U. L. Rev. 121 Denver University Law Review 1992.
Paralysis By Analysis In The Forest Service Oil And Gas Leasing Program, 26 Land & Water L. Rev. 105 Land and Water Law Review 1991 Land and Water Division.
"Oil and Gas Leasing on Forest Service Lands,", 5 Natural Res. and Environment 23 (1990).
"The Nature and Consequence of 'Valid Existing Rights' Status in Public Land Law,", 5 Journal of Mineral Law & Policy 399 (1990), reprinted in 28 Public Land and Resources Digest 121 (1991).
What is a "Material Injury" to a Water Right?, 19 Colo. Law. 1333 (1990).
"Water Quality Antidegradation,", 4 Natural Res. and Environment 19 (1989).
"Water Rights, Clean Water Act Section 404 Permitting, and the Takings Clause,", 60 U. of Colo. L. Rev. 901 (1989).
Practicing Law Before Part-Time Citizen Boards and Commissions, 18 Colo. Law. 1133 (1989).
Water Rights, Clean Water Act Section 404 Permitting, And The Takings Clause, 60 U. Colo. L. Rev. 901 University of Colorado Law Review 1989 Focus: Clean Water Act's Section 404.
"Protection From Government Action Affecting Private Property Rights in Natural Resources in the United States,", 5 Journal of Energy and Natural Resources Law 59 (1988).
"Regulation of Natural Resources Use and Development in Light of the 'New' Takings Clause,", 34 Rocky Mountain Mineral Law Institute 1 (1988).
"Uncloaking Law School Hiring,", 38 J. of Legal Ed. 345 (1988).
Assault on the Citadel, Part I: Water Quality Laws and the Exercise of Water Rights, 17 Colo. Law. 1305 (1988).
Assault on the Citadel, Part II: Dams, Diversions, and Water Quality Regulations, 17 Colo. Law. 2003 (1988).
Constitutional Limits on Police Power Regulations Affecting the Exercise of Water Rights, 16 Colo. Law. 1626 (1987).
Government Interference With Private Interests In Public Resources, 11 Harv. Envtl. L. Rev. 1 Harvard Environmental Law Review 1987 Richard A. Westfall.
Energy Resources and Policy Problems, in Energy in American History,, (Pergamon Press, 1983).
"Utility Use of Renewable Resources: Legal and Economic Implications,", 59 Denver Law Journal 1 (1982), reprinted in Public Utilities Law Anthology (International Library Press, 1982).
"The Effect of Water Law on the Development of Oil Shale,", 58 Denver Law Journal 751 (1981).
Economic and Regulatory Issues Raised by Utility Involvement in Central and Decentralized Solar Applications, SERI Rept., TR-744-1338 (1981).
Proceedings: SERI-ERA Workshop on Electric Utility Involvement in Residential Solar Applications, SERI Rept. CP 733-781 (1981).
Prospects for Utility Involvement in Residential Solar Applications, in Energy and Communications in Transition, (Michigan State University Press, 1981).
Utilities and Solar Energy, in Legal Aspects of Solar Energy, (Lexington Press, 1981).
A Legal-Economic History of Air Pollution Controls, (Carrollton Press, 1980).
Regulated Utilities and Solar Energy, (Callaghan Press, 1980).
"May Regulated Utilities Monopolize the Sun?,", 56 Denver Law Journal 31 (1979).
Public Policy Questions Posed by the Rise of a Solar Energy Industry in Colorado, Colorado Energy Research Institute Report 1979.
Regulated Utilities and Solar Energy: A Legal-Economic Analysis of the Major Issues Affecting the Solar Commercialization Effort, SERI Rept. TR-62-255 (June 1979).
"A Leap of Faith: Some Observations on Law's Effect Upon the Earth's Natural Resources,", 25 Am. Univ. L. Review 131 (1975).
"Continuities from the Past Affecting Resource Use and Conservation Patterns,", 28 Okla. L. Rev. 60 (1975).
"Legal institutions and Pollution: Some Intersections Between Law and History,", 15 Natural Resources Journal 423 (1975).
The Social and Economic Roots of Judge-Made Air Pollution Policy in Wisconsin,", 58 Marq. L. Rev. 465 (1975).
"The Limits of the Law: Institutional Failures of the Air Pollution Variance Board,", 44 U. of Colo. L. Rev. 513 (1973).
"Institutional Response to an Environmental Crisis: The Failure of State Air Pollution Control,", 48 Denver L. J. 519 (1972).
"Judicial Limitations on Holder in Due Course Claims,", 42 U. of Colo. L. Rev. 439 (1971).
The Effect of Full Faith and Credit on Cognovit Judgments, 42 U. of Colo. L. Rev. 1973 (cited by the U.S. Supreme Court in Overmyer v. Frank 405 U.S. 174 (1972)) (1970).

Christopher Lasch

Assistant Professor

Law School Clinical Program

Litigating Immigration Detainer Issues, chapter in Immigration Law for the Colorado Practitioner, Colorado Bar Association (February 1, 2013).
Federal Immigration Detainers After Arizona v. United States, 46 Loyola L.A. L. Rev. __ (forthcoming, 2013).
The Future of Teague Retroactivity, or 'Redressability,' after Danforth v. Minnesota: Why Lower Courts Should Give Retroactive Effect to New Constitutional Rules of Criminal Procedure in Postconviction Proceedings, 46 American Criminal Law Review (2009).
Enforcing the Limits of the Executive's Authority to Issue Immigration Detainers, 35 William Mitchell Law Review (2008).
Initiating a New Constitutional Dialogue: The Increased Importance under AEDPA of Seeking Certiorari from Judgments of State Courts, co-authored with Giovanna Shay, 50 William & Mary Law (2008).

Nancy Leong

Assistant Professor

Racial Capitalism, 126 HARVARD LAW REVIEW ____ (forthcoming 2013).
Gideon's Law Protective Function, 122 YALE LAW JOURNAL ____ (forthcoming 2013) (symposium contribution).
Consent Forms and Consent Formalism, 2013 WISCONSIN LAW REVIEW ____ (forthcoming 2013) (with Kira Suyeishi).
Improving Rights, 99 VIRGINIA LAW REVIEW ____ (forthcoming 2013).
Making Rights, 91 BOSTON UNIVERSITY LAW REVIEW 405 (2012).
The Open Road and the Traffic Stop, 64 FLORIDA LAW REVIEW 305 (2012).
Civilizing Batson, 97 IOWA LAW REVIEW 1561 (symposium contribution) (2012).
Is Marriage for Rich People? A Book Review of Ralph Richard Banks’ IS MARRIAGE FOR WHITE PEOPLE?, 44 CONNECTICUT LAW REVIEW 1311 (2012).
“So Closely Intertwined”: Labor and Racial Solidarity, 81 GEORGE WASHINGTON LAW REVIEW ____ (forthcoming 2013) (with Charlotte Garden).
Rethinking the Order of Battle in Constitutional Torts: A Reply to John Jeffries (colloquy essay), 105 NORTHWESTERN UNIVERSITY LAW REVIEW 969 (2011).
The Persistent Gender Disparity in Student Note Publication, co-authored with Jennifer Mullins, 23 YALE JOURNAL OF LAW AND FEMINISM 385 (2011) (coauthored with Jennifer Mullins).
Judicial Erasure of Mixed-Race Discrimination, 59 AMERICAN UNIVERSITY LAW REVIEW 469 (2010).
The Saucier Qualified Immunity Experiment: An Empirical Analysis, 36 PEPPERDINE LAW REVIEW 667 (2009).
A Noteworthy Absence, 59 JOURNAL OF LEGAL EDUCATION 279 (2009).
Note, Attorney-Client Privilege in the Public Sector: A Survey of Government Attorneys, 20 GEORGETOWN JOURNAL OF LEGAL ETHICS 163 (2007).
Multiracial Identity and Affirmative Action, 12 UCLA ASIAN PACIFIC AMERICAN LAW JOURNAL 1 (2007).
Note, Beyond Breimhorst: Appropriate Accommodation of Students with Learning Disabilities on the SAT, 57 STANFORD LAW REVIEW 2135 (2005).

Justin Marceau

Associate Professor

Certiorari Grants in 2254 Cases, An Empirical Study , (in progress).
ADJUDICATIVE CRIMINAL PROCEDURE , (co-author) West, expected Fall (2013).
Plurality Decisions: Acoustic Separation & Upward Flowing Precedent, Conn. L. Rev. (forthcoming 2013).
Vicarious Aggravators, Fla. L. Rev. (forthcoming 2013) (co-authored).
Gideon’s Shadow , Yale L. J. (forthcoming 2013).
Many are Eligible Few are Chosen: An Empirical Study of Colorado’s Death Penalty, Col. L. Rev. (forthcoming 2013) (co-authored).
The Cost of Colorado's Death Penalty, co-authored with Hollis A. Whitson , (2013).
Remedying Pretrial Ineffective Assistance, Tex. Tech. L. Rev. (2012).
Challenging the Habeas Process Rather than the Result , 69 Wash. & Lee L. Rev. 85 (2012).
Embracing a New Era of Ineffective Assistance of Counsel, 14 U. Penn. J. Const. L 1161 (2012).
The Freezing of the Fourth Amendment, SEARCH & SEIZURE LAW REPORT (forthcoming 2012).
Arizona's Ring Cycle, __ Ariz. St. L.J. __ (2012).
Colorado's Constitutional Conundrum, 89 Denv. U. L.R. 327 (2012).
FEDERAL HABEAS CORPUS: CASES AND MATERIALS, 2d. ed. (co-author), Carolina Academic Press (2011).
The Fourth Amendment at a Three-Way Stop, 62 Ala. L. Rev. 687 (2011).
The Facts About Ring v. Arizona, and the Jury’s Role in Capital Sentencing, co-authored with Sam Kamin, 13 U. Penn. J. Const. L 529 (2011).
Don’t Forget Due Process: The Path Not (Yet) Taken in § 2254 Litigation, 62 Hastings L.J. 1 (2010).
Lifting the Haze of Baze: Lethal Injection, the Eighth Amendment, and Plurality Opinions, 41 Ariz. St. L.J. 159 (2009).
Un-Incorporating the Bill of Rights: The Tension Between the Fourteenth Amendment and the Federalism Concerns That Underlie Modern Criminal Procedure Reforms, J. Crim. Law & Criminology (2008).
Deference and Doubt: The Interaction of AEDPA §§ 2254(d)(2) & (e)(1), 82 Tul. L. Rev. 385 (2007).

G. Kristian Miccio

Professor

Justice Scalia, Male Intimate Violence and the Constitution: Regressive Jurisprudence?, 5(1) Washington University Law School Jurisprudence Review (2012).
Miranda, Morality and Court-Created Caveats: A Reply to Malvina Halberstam, 2 Denver Criminal Law Review (2012).
The Death of the Fourteenth Amendment, 2 Wash & Lee J. Gender and the Law 57 (2011).
Domestic Violence Prosecutions: A Book Review, The International Criminal Law Journal (2010).
A Cruel Deception: Castle Rock, Constitutional Protection and Conceptions of State Accountability, 10 Geo. J. Gender & L. 87 (2009).
If Not Now, When? Individual and Collective Responsibility for Male Intimate Violence, 32 Wash & Lee J. Civ. Rts. & Soc. Jus. 239 (2009).
Giles v. California: Is Justice Scalia Hostile to Battered Women?, 87 Texas L. Rev. 93 (2009).
What's Truth Got to Do With It: A Deontological Critique of Tom Lininger's Article, Reconceptualizing Conforntation After Davis, 85 Texas L.Rev. 39 (2007).
Exiled from the Province of Care: Domestic Violence, Duty and Conceptions of State Accountability, 37 Rutgers L.J. 111 Rutgers Law Journal Fall 2005 (2006).
A House Divided: Mandatory Arrest, Domestic Violence, and the Conservatization of the Battered Women's Movement, 42 Hous. L. Rev. 237 (Summer 2005).
What does "shall'' mean?, 7/17/05 DENVERPOST E03 2005 WLNR 11261242.
Male Violence--State Silence: These and Other Tragedies of the 20th Century, 5 J. Gender Race & Just. 339 Spring 2002.
Notes from the Underground: Battered Women and Conceptions of State Accountability, 23 Harv. Women's L.J. 133 (Spring, 2000).
A Reasonable Battered Mother? Redefining, Reconstructing and Recreating the Battered Mother in Child Protective Proceedings, 22 Harv. Women's L.J. 89 (Spring, 1999).
With All Due Deliberate Care..., 29 Colum. Hum Rts. L. Rev. 641 (1998).
Closing My Eyes and Remembering Myself: Reflections of a Lesbian Law Professor, 7 Colum. J. Gender & L. 167 (1997).
Book Chapter, On Objectivity, in Women's Images and Realities, -1997.
With All Due Deliberate Care, 40 Colum. J. Int’l Law 23 (1997).
In the Name of Mother's and Children: Deconstructing the Myth of the Passive Battered Mother and the "Protected Child," in Child Protective Proceedings, 58 Alb. L.Rev. 1087; (1995).
Columnist Dershowitz Goes Too Far in Tirade on the `Gender War' To the Editor:, 9/21/94 TIMES UNION A8 1994.
Book Chapter, Women and the Law, in Women's Images and Realities, Kesselman, Schneidewind, and McNair, eds.; -1993.
Book Chapter, Domestic Violence Litigation Strategies, McConnell, ed. (Published by the New York Supreme Court: Appellate Division, First Department); (1992).

Rock W. Pring

Professor

Specialized Environmental Courts & Tribunals: Improved Access to Justice for Those Living in Poverty, co-authored with C. Pring, International Union for the Conservation of Nature/Academy of Environmental Law (IUCN-AEL), POVERTY ALLEVIATION AND ENVIRONMENTAL PROTECTION (Edward Elgar Press, forthcoming 2011).
Evaluación de Impacto Ambiental en los Estados Unidos de América de conformidad con la Ley Nacional de Politicas Ambientales de 1969 (Environmental Impact Assessment in the United States Under the National Environmental Policy Act of 1969), chapter in LA NATURALEZA JURIDÍCA DE LA EVALUACIÓN DEL IMPACTO AMBIENTAL: ALÁLISIS DE DERECHO COMPARADO, José Juan González Márquez, ed., Instituto Mexicano de Investigaciones en Derecho Ambiental A.C. (2011).
Increase in Environmental Courts and Tribunals Prompts New Global Institute, 3 Journal of Court Innovation 11 (April 2011).
Foreword in Stakeholder Perspective of Petroleum Development in Nigeri, Book by Edward T. Bristol-Alagbariya, a Chief of the Bonney Tribe in the Nigerian Delta. (2010).
Specialized Environmental Courts & Tribunals at the Confluence of Human Rights and the Environment, co-authored with C. Pring, 11 OREGON REVIEW OF INTERNATIONAL LAW No. 2 (forthcoming 2010).
Greening Justice: Creating And Improving Environmental Courts And Tribunals, co-authored with Kitty Pring, Washington, D.C. (The Access Initiative / World Resources Institute, 2009).
International Environmental and Human Rights Law Affecting Mining Law Reform, in REFORMING MINING LAW IN A CHANGING WORLD, 34 JURIDICA LAPPONICA 10 (University of Lapland, Rovaniemi, Finland 2008).
The Impact of Energy on Health, Environment, and Sustainable Development: The TANSTAAFL Problem, co-authored with A. Haas & B. Drinkwine, in BEYOND THE CARBON ECONOMY (Oxford University Press 2008).
14 invited chapters in the MAX PLANCK ENCYCLOPEDIA OF PUBLIC INTERNATIONAL LAW, co-authored with others, on the following international rivers: Amazon, Amu & Syr Darya, Brahmaputra, Colorado, Columbia, Congo, Jordan, Okavango, Orange, Parana, Rio Grande, Tigris & Euphrates, Volga, and Zambezi. (Oxford University Press 2008).
A Decade of Emissions Trading in the USA: Experiences and Observations for the EU, in EU CLIMATE CHANGE POLICY: THE CHALLENGE OF NEW REGULATORY INITIATIVES (Elgar Press 2006).
Alternatives to Conventional Regulation in United States Environmental Law, co-authored with R. Feger, in REGULATING ENERGY AND NATURAL RESOURCES (Oxford University Press 2006).
The “Fear Factor”: Why We Should Not Allow Energy Security Rhetoric to Trump Sustainable Development, co-authored with S. Noé, in ENERGY SECURITY – MANAGING RISK IN A DYNAMIC LEGAL AND REGULATORY ENVIRONMENT (Oxford University Press 2004).
Chapter 1.3 on International Law and Mineral Resources Development; chapter 4.6 on Mineral Development and the Impact of the Climate Change Convention; and chapter 4.7 on The Law of Public Participation in Global Mining, co-authored with L. Siegele, in INTERNATIONAL AND COMPARATIVE MINERAL LAW AND POLICY (University of Dundee/Kluwer International 2004).
INTERNATIONAL ENVIRONMENTAL LAW & POLICY FOR THE 21ST CENTURY, co-authored with V. Nanda, (Transnational Publishers Inc., 2003).
The 2002 Johannesburg World Summit on Sustainable Development: International Environmental Law Collides with Reality, Turning Jo’burg into “Joke’Burg”, 32 DENVER JOURNAL OF INTERNATIONAL LAW & POLICY 101 (2003).
The Emerging International Law of Public Participation Affecting Global Mining, Energy, and Resources Development, co-authored with S. Noé, in HUMAN RIGHTS IN NATURAL RESOURCE DEVELOPMENT: PUBLIC PARTICIPATION IN THE SUSTAINABLE DEVELOPMENT OF MINING AND ENERGY RESOURCES (ed. D. Zillman, A. Lucas & G. Pring, Oxford University Press 2002).
Law of Public Participation in Global Energy and Resources Development: A New IBA Book, co-authored with D. Zillman & A. Lucas, 20 JOURNAL OF ENERGY & NATURAL RESOURCES LAW 79 (2002).
The United States Perspective, in KYOTO: FROM PRINCIPLES TO PRACTICE (Kluwer Press 2001).
Trends in International Environmental Law Affecting the Minerals Industry, co-authored with J. Otto & K. Naito, 17 JOURNAL OF ENERGY & NATURAL RESOURCES LAW 39 & 151 (1999).

Laura Rovner

Ronald V. Yegge Clinical Director and Associate Professor

Law School Clinical Program

Preferring Order to Justice, co-authored with Jeanne Theoharis, 61 American University Law Review 1331 (2012).
The Unforeseen Ethical Ramifications of Classroom Faculty Participation in Law School Clinics, 75 U. CIN. L. REV. 1113 (2007).
Disability, Equality & Identity, 55 Alabama L. Rev. 1043 (2004) (reprinted in part in EMPLOYMENT DISCRIMINATION LAW: CASES, PROBLEMS AND CRITICAL PERSPECTIVES (Prentice Hall 2005)).
Perpetuating Stigma: Client Identity in Disability Rights Litigation, 247 Utah Law Review (2001).

Robin Walker Sterling

Assistant Professor

Law School Clinical Program

Still at the Back of the Bus: in Re Gault and the Unfinished Due Process Revolution in Juvenile Justice, Maryland Law Review, Forthcoming 2013.
Raising Race, The Champion, www.nacdl.org, April 2011.

University of Denver

Sturm College of LawSturm College of Law

Constitutional Rights and Remedies

In This Section

Constitutional Rights and Remedies Publications

New in Print from Constitutional Rights & Remedies Faculty

Alan Chen

Rebecca Aviel

Brittany Glidden

Sam Kamin

Jan G. Laitos

Christopher Lasch

Nancy Leong

Justin Marceau

G. Kristian Miccio

Rock W. Pring

Laura Rovner

Robin Walker Sterling