DU Law - Publications
Law of Property Rights Protection: Limitations on Governmental Powers, Aspen Law and Business (2000) (Annual Supplements 2000-2018).
Lost Profits in a Multicomponent World, forthcoming 59 Boston College Law Review __ (2018).
Positive Legal Education: Flourishing Law Students and Thriving Law Schools, 77 Md. L. Rev. (forthcoming).
Debt Stigma and Socioeconomic Class, 41 Seattle University Law Review ___ (2018).
A Fracking Mess: Just Compensation for Regulatory Takings of Oil and Gas Property Rights, 43 COLUM. J. OF ENVTL. L. ___ (forthcoming 2018).
The Persistence of Bankruptcy Stigma, 26 American Bankruptcy Institute Law Review ___ (2018).
Corporate Compliance and Criminality: Does the Common Law Promote Culpable Blindness?, co-authored with Andrew Brandes, 50 Connecticut Law Review (forthcoming 2018).
Contesting Police Credibility, __ Wash. L. Rev. __ (forthcoming 2018).
Why Courts Fail to Protect Privacy: Race, Age, Bias and Technology, forthcoming 106 California Law Review __ (2018) (co-authored with Ian Farrell, Catherine Durso and Christopher Robertson).
The New Axis of Evil: Religious Extremism & Fascism in 21st Century America ( Forthcoming 2018).
More Than Cake : When the "Right to Public Invocation of Religious Expression Tramples Human and Equality Rights of the LGBTQI Community ( Forthcoming 2018).
If You Build it, They Will Come: What Students Say About Experiential Learning, co-authored with Stephen Daniels (2017).
The Truth Hurts: A Response to George Brauchler and Rich Orman, co-authored with Justin Marceau, 94 Denver University Law Review 363 (2017).
First-Person FOIA, 127 Yale Law Journal – (forthcoming 2018).
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).
Time Is Money: An Empirical Assessment of Non-Economic Damages Arguments,, 95 Washington University Law Review 1 (2017).
Why Environmental Policies Fail, Cambridge Univ. Press (2017).
Abolishing Immigration Prisons, 97 Boston University Law Review, 245 (2017).
Human Capital as Intellectual Property? Non-Competes and the Limits of IP Protection, 50 Akron Law Review 903 (2017).
Corporate Masters & Low-Wage Servants: The Social Control of Workers in Poverty, Washington and Lee Civil Rights and Social Justice Journal, forthcoming.
Political Insider Trading, 85 Fordham Law Review 2717 (2017).
Faithful Unions, 69 HASTINGS L.J. ___ (forthcoming 2017).
NIMBY to NOPE - or YESS?, co-authored with Thomas A. Witt, 38 Cardozo L. Rev. 1453 (2017).
Legal Consciousness as Race Consciousness: Expansion of the Fourth Amendment Seizure Analysis Through Objective Knowledge of Police Impunity, Seton Hall L. Rev. (forthcoming).
Food for Thought: The Neuroscience of Nutrition to Fuel Cognitive Performance, 95 Or. L. Rev. 425 (2017).
The Common Law of Liable Party CERCLA Claims, co-authored with Dale Ratliff, Stanford Law Review (forthcoming).
The New Public Accommodations: Race Discrimination in the Platform Economy, co-authored with Aaron Belzer, 105 GEORGETOWN LAW JOURNAL 1271 (2017).
Testing the White Hat Effect in Patent Litigation, co-authored with Roderick O’Dorisio, forthcoming 27 Federal Circuit Bar Journal __ (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).
Chapter 19. Distributed Renewable Energy, Draft chapter from Michael B. Gerrard and John Dernbach, eds., LEGAL PATHWAYS TO DEEP DECARBONIZATION IN THE UNITED STATES (forthcoming from Environmental Law Institute) DO NOT CITE WITHOUT PERMISSION FROM THE AUTHOR: email@example.com.
Diversity, Hierarchy, and Fit in Legal Careers: Insights from Fifteen Years of Qualitative Interviews, co-authored with Bryant Garth, Georgetown Journal of Legal Ethics, Forthcoming.
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).
A Common-Law Privilege to Protect State and Local Courts During the Crimmigration Crisis, Yale Law Journal Forum, Forthcoming.
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).
“Everything Is at Stake if Norway Is Sentenced. In that Case, We Have Failed”: Solitary Confinement and the “Hard” Cases in the United States and Norway, UCLA Criminal Justice Law Review, 1(1) (2017).
Energy Law Basics, Carolina Academic Press (2017).
Pathologising Women, Excusing Men: The Use of Junk Science in Criminal and Family Law Cases, ____Alb. L.Rev_____ ( Forthcoming 2017).
Toward an American Law of Redundancy, Comparative Labour and Social Security Law Review, vol. 2, 16 (2017).
Brief of Amici Curiae Scholars of The Constitutional Rights and Interests Of Children in Support of Respondents in Masterpiece Cakeshop LTD, et al v. Colorado Civil Rights Commission, co-authored with Lauren Fontana, Angela Onwuachi-Willig,Tanya M. Washington, Barbara Bennett Woodhouse (2017).
Time is Money: An Empirical Assessment of Non-Economic Damages Arguments, 95 Washington University Law Review 1 (2017) (co-authored with John Campbell and Christopher Robertson).
The Procedural Exceptionalism of National Security Secrecy, 97 Boston University Law Review 103 (2017).
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 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).
The Strange Career of Private Takings of Private Property for Private Use, 5 William and Mary Property Rights Journal 125 (2016).