DU Law - Publications
Why Courts Fail to Protect Privacy: Race, Age, Bias and Technology (forthcoming California Law Review, co-authored with Ian Farrell, Catherine Durso and Christopher Robertson).
Corporate Compliance and Criminality: Does the Common Law Promote Culpable Blindness?, co-authored with Andrew Brandes, 50 Connecticut Law Review (forthcoming 2018).
Time is Money: An Empirical Assessment of Non-Economic Damages Arguments (forthcoming Washington University Law Review, co-authored with John Campbell and Christopher Robertson).
Law of Property Rights Protection: Limitations on Governmental Powers, Aspen Law and Business (2000) (Annual Supplements 2000-2018).
Positive Legal Education: Flourishing Law Students and Thriving Law Schools, 77 Md. L. Rev. (forthcoming).
Free Speech Beyond Words, co-authored with Mark Tushnet and Joseph Blocher (New York University Press) (2017).
The Common Law of Liable Party CERCLA Claims, co-authored with Dale Ratliff, Stanford Law Review (forthcoming).
The Procedural Exceptionalism of National Security Secrecy, 97 Boston University Law Review 103 (2017).
Positive Disruption: Addressing Race in a Time of Social Change Through a Team-Taught, Reflection-Based, Outward-Looking Law School Seminar, co-authored with Alexi Freeman, Univ. of Penn. Journal of Law and Social Change (forthcoming 2017).
From Symposium to Action: Five Ways for Law Schools to Bridge the Gap Between Students and Marginalized Communities, 94 Denver L. Rev. (forthcoming May 2017).
Positive Disruption: Addressing Race in a Time of Social Change Through a Team-Taught, Reflection-Based, Outward-Looking Law School Seminar, co-authored with Lindsey Webb, Univ. of Penn. Journal of Law and Social Change (forthcoming 2017).
Why Environmental Policies Fail, Cambridge Univ. Press (2017).
Energy Law Basics, Carolina Academic Press (2017).
Abolishing Immigration Prisons, 97 Boston University Law Review, 245 (2017).
Political Insider Trading, 85 Fordham Law Review (forthcoming 2017).
The Truth Hurts: A Response to George Brauchler and Rich Orman, co-authored with Justin Marceau, 94 Denver University Law Review 363 (2017).
Food for Thought: The Neuroscience of Nutrition to Fuel Cognitive Performance, 95 Or. L. Rev. 425 (2017).
NIMBY to NOPE - or YESS?, co-authored with Thomas A. Witt, 38 Cardozo L. Rev. 1453 (2017).
The Truth Hurts: A Response to George Brauchler and Rich Orman, co-authored with Sam Kamin, 94 Denver University Law Review 363 (2017).
Lawyers’ Identity Capital, 22 Int'l. J. Legal Prof. 109 (2016).
The Proxy Rules and Restrictions on Shareholder Voting Rights, 47 Seton Hall Law Review 45 (2016).
Where Kafka Reigns: A Call for Metamorphosis in Unlawful Detainer Law, ___U. Mich. J.L. Reform __ (forthcoming 2016).
Colorado Handbook on Evidence, Vol. 22 Colorado Practice Series (with Stephen Hess) (West 2016-17 ed.).
Natural Baselines for Wildfire Takings Claims, 75 Maryland Law Review 3 (2016).
Emotion Regulation for Lawyers: A Mind is a Challenging Thing to Tame, 16 Wyo. L. Rev. 387 (2016).
Employment Law Update: Dukes, Comcast, and Italian Colors: Three Decisions Dramatically Impacting Employment Class Actions, Henry Perritt, Chapter _ (forthcoming 2016).
The Evolving Role of Rule 14a-8 in the Corporate Governance Process, 93 DU L. Rev. Online 151 (2016).
Developing Professional Skills: Workplace Law, co-authored with Nantiya Ruan (West 2016).
Pro Bono, Public Interest and More: A Look at a Student-Led Initiative to Elevate the Public Good, co-authored with Katherine Steefel, The Docket, the magazine of the Denver Bar Association (2016).
Trademark Laundering, Useless Patents, and Other IP Challenges for the Marijuana Industry, co-authored with Sam Kamin, 73 Washington & Lee Law Review 217 (2016).
The Pledge for the Public Good: A Student-Led Initiative to Incorporate Morality & Justice in Every Classroom, co-authored with Katherine Steefel, 22 Wash. & Lee J. Civ. Rts. & Soc. Just. 49 (2016).
Identity Entrepreneurs, 104 CALIFORNIA LAW REVIEW (2016, Forthcoming).
Prosecutorial Discretion in the Context of Immigration and Marijuana Law Reform: The Search for a Limiting Principle, 14 Ohio State Journal of Criminal Law 183 (2016).
Obergefell’s Missed Opportunity, 79 Law & Contemporary Problems 223 (2016).
Trademark Laundering, Useless Patents, and Other IP Challenges for the Marijuana Industry, co-authored with Viva Moffat, 73 Washington & Lee Law Review 217 (2016).
Empirical Reflections: A Statistical Evaluation of Bar Exam Program Interventions, 54 University of Louisville Law Review 35 (2016).
Basic Civil Procedure, Techniques for Effective Litigation, Vandeplas (2016).
Tie Votes in the Supreme Court, 101 Minnesota Law Review 245 (2016).
Impact Transaction: Lawyering for the Public Good Through Collective Impact Agreements, 49 Indiana L. Rev. 621 (2016).
Legal Cannabis in the US: Not Whether But How?, UC Davis Law Review, forthcoming.
Drafting Wills for Clients wtih Indian Trust Lands, The Colorado Lawyer (June 2016).
Causation and Harm In a Multicomponent World, 164 University of Pennsylvania Law Review Online 61 (2016).
Ending the Internal Affairs Farce, 64 Buff. L. Rev. 837 (2016).
Testing the Testers: The NCBE’s LSAT Claim and a Roller Coaster Bar Exam Ride, 35 Miss.C.L.Rev. 3 (forthcoming 2016).
Immigration Imprisonment’s Failures, 36 Immigration and Nationality Law Review 47 (2016).
You Can’t Remain Neutral on a Moving Train: MARRIAGE EQUALITY IN THE STATES & IRELAND: THOUGHTS ON FREEDOM TO MARRY, RELIGIOUS HETERONORMATIVITY AND CONCEPTIONS OF EQUALITY, 5 DePaul J. Women Gender & L. 1 (2015-2016).
Sanctuary Cities and Dog-Whistle Politics, New England Journal on Criminal and Civil Confinement, Forthcoming.
The Strange Career of Private Takings of Private Property for Private Use, 5 William and Mary Property Rights Journal 125 (2016).