DU Law - Publications
Positive Legal Education: Flourishing Law Students and Thriving Law Schools, 77 Md. L. Rev. (forthcoming).
Corporate Compliance and Criminality: Does the Common Law Promote Culpable Blindness?, co-authored with Andrew Brandes, 50 Connecticut Law Review (forthcoming 2018).
Law of Property Rights Protection: Limitations on Governmental Powers, Aspen Law and Business (2000) (Annual Supplements 2000-2018).
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).
Time is Money: An Empirical Assessment of Non-Economic Damages Arguments (forthcoming Washington University Law Review, co-authored with John Campbell and Christopher Robertson).
The Truth Hurts: A Response to George Brauchler and Rich Orman, co-authored with Justin Marceau, 94 Denver University Law Review 363 (2017).
The Truth Hurts: A Response to George Brauchler and Rich Orman, co-authored with Sam Kamin, 94 Denver University Law Review 363 (2017).
Corporate Governance, Shareholder Proposals, and Engagement Between Managers and Owners, 94 Denver L. Rev. Online 1 (2017).
Why Environmental Policies Fail, Cambridge Univ. Press (2017).
Bankruptcy, Social Class, and the Acceptability of Suicide (2017) (currently under submission).
Abolishing Immigration Prisons, 97 Boston University Law Review, 245 (2017).
Political Insider Trading, 85 Fordham Law Review 2717 (2017).
Faithful Unions, 69 HASTINGS L.J. ___ (forthcoming 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 Common Law of Liable Party CERCLA Claims, co-authored with Dale Ratliff, Stanford Law Review (forthcoming).
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).
Free Speech Beyond Words, co-authored with Mark Tushnet and Joseph Blocher (New York University Press) (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).
Energy Law Basics, Carolina Academic Press (2017).
The Procedural Exceptionalism of National Security Secrecy, 97 Boston University Law Review 103 (2017).
The Precautionary Principle in Environmental Governance, in Research Handbook on Fundamental Principles in Environmental Law 449 (Douglas Fisher ed., Edward Elgar Publishing, 2016). in Research Handbook on Fundamental Principles in Environmental Law 449 (Douglas Fisher ed., Edward Elgar Publishing, 2016).
Sanctuary Cities and Dog-Whistle Politics, New England Journal on Criminal and Civil Confinement, Forthcoming.
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).
The Strange Career of Private Takings of Private Property for Private Use, 5 William and Mary Property Rights Journal 125 (2016).
FOIA, Inc., 65 Duke Law Journal 1361 (2016).
Keynote: Encouraging This Particular Form of (Very Fun) Madness – Roles for Deans & Faculty Members, co-authored with Phoenix Cai,, 18 Transactions: The Tennessee Journal of Business Law 503 (2016).
It’s About Power, Not Policy: Rebellious Lawyering for Large-Scale Social Change, co-authored with Jim Freeman, 23(1) Clinical Law Review 147 (2016).
Decriminalizing Polygamy, Utah Law Review, Forthcoming.
Takings Law in Colorado, in Environmental Regulation of Colorado Real Property, Book chapter (Colorado Bar Assoc. 2016).
Marijuana Legalization in Colorado -- Lessons for Colombia, Journal Colombian Institute of Tax Law No. 75 (2016).
Inside FOIA, Inc., 126 The Yale Law Journal Forum 265 (2016).
Enhancing Conservation Options : An Argument for Statutory Recognition of Options to Purchase Conservation Easements (OPECEs), co-authored with Jessica Owley, 40 Harvard Environmental Law Review, forthcoming.
Wind-Scattered Resources, in Transmission and Transport of Energy in the Western U.S. and Canada: A Law and Policy Road Map, 52 Idaho Law Review 387 (2016).
Being Good Lawyers: A Relational Approach to Law Practice, co-authored with Russell G. Pearce, 29 Geo. J. Legal Ethics 601 (2016).
Comment on SEC Release No. 33-9929, Effectiveness of Financial Disclosures about Entities Other than the Registrant, co-authored with Joseph V. Carcello, January 13, 2016.
Slave Narratives and the Sentencing Court, N.Y.U. Review of Law & Social Change (forthcoming).
Horizontal Innovation and Interface Patents, 2016 Wisconsin Law Review 287.
Wind Power Growing Pains, 21 NEXUS J. of L. & Pol’y 1 (2016).
Can We Talk? Bias, Diversity, and Inclusiveness in the Colorado Legal Community, Part I, Ronald M. Sandgrund, Esq., 45 The Colorado Lawyer 45 (Jan. 2016).
Countering the Plaintiff’s Anchor: Jury Simulations to Evaluate Damages Arguments, co-authored with Bernard Chao, Christopher Robertson and David Yokum, 101 Iowa Law Review 543 (2016).
An Early Look at Mayo's Impact on Personalized Medicine, 2016 Patently -O-Patent Law Journal 10.
Securing Access to National Security Information, 67 Administrative Law Review Accord 78 (2016) (invited review).
Can We Talk? Bias, Diversity, and Inclusiveness in the Colorado Legal Community, Part II, Ronald M. Sandgrund, Esq., 45 The Colorado Lawyer 49 (Feb. 2016).
Governance and Uncertainty, 37 Cardozo Law Review 113 (2016).
in Police We Trust, 62 Villanova Law Review ___ (forthcoming fall 2016).
THE DEATH PENALTY IN A NUTSHELL, FIFTH EDITION, co-authored with with Victor Streib and Justin Marceau (Thomson/West Publishing 2016).