DENVER LAW REVIEW
The Denver Law Review is the flagship journal of the University of Denver Sturm College of Law and strives to publish articles of the highest quality in all areas of the law. The Denver Law Review is one of the oldest legal journals in the United States, dating back to 1923. We have proudly featured such distinguished authors as U.S. Supreme Court Justices Sandra Day O’Connor, William O. Douglas, and Byron White, noted constitutional law scholar Erwin Chemerinsky, and consumer advocate Ralph Nader. ​The Tenth Circuit issue has featured pieces from Judges Timothy Tymkovich, Michael W. McConnell, and Marcia Krieger, as well as prominent scholars such as Dave Kopel and Marc Falkoff.
Volume 102 • Issue 4 • Fall 2025
Conduct-as-Status in Skrmetti's Gender-Affirming Care Bans ♦ Robert Blake Watson & Neha Srinivasan
​Drawing from equal protection jurisprudence, Robert Watson and Neha Srinivasan argue that the laws permitting government prohibitions on gender-affirming care in United States v. Skrmetti discriminate on the basis of transgender status and sex. More specifically, their Article discusses how the laws target transgender adolescents and implicate a sex-based classification system. In addition to the doctrinal concerns, the Article highlights the real-world implications of Skrmetti's reasoning, particularly the mental health consequences for transgender individuals who are denied gender-affirming care. ​​
Protesting, Cash Bail, and (Un)Equal Protection: Using Empirical Data to Prove Equal Protection Violations ♦ Alireza Nourani-Dargiri
Through an examination of the Equal Protection Clause and data demonstrating disparate government treatment of racially minoritized groups, Professor Nourani-Dargiri proposes a framework shift showing how the interrelated nature of particular discriminatory systems would help courts include research on discriminatory practices to evidence an equal protection violation. Accordingly, as an example, the Article explores the intersection between protest policing and cash bails to help litigants prove a common thread of discrimination to satisfy the evidentiary requirement of an equal protection claim. ​​
Equality and Protection: The Forgotten Meaning of the Fourteenth Amendment ♦ David H. Gans
Through an analysis of text and history, Mr. Gans demonstrates the duty of protection written into the Fourteenth Amendment, contending that such duty imposes on states an affirmative constitutional obligation to protect their people and forbid unequal protection. In response to the Supreme Court's reading of protection out of the United States charter, this Article calls the Supreme Court to take the right of protection seriously in hopes of righting its jurisprudence and recovering the true meaning of the guarantee of equal protection. ​​​​
Islands of Inequality: The Fourteenth Amendment's Reach After Vaello Madero ♦ Sígrid Vendrell-Polanco
This Article examines how the ruling in United States v. Vaello Madero reflects and reshapes the constitutional relationship between the federal government and territorial inhabitants. Specifically, Professor Vendrell-Polanco argues that Vaello Madero perpetuates a second-class citizenship status for territorial residents, which conflicts with interpretations of equal protection and due process, and underscores the need for a more inclusive application of the Fourteenth Amendment.​​
Revisiting Section 2 and the Electors Clause: On the Right of the People to Choose Presidential Electors ♦ Mark Bohnhorst
This Article offers new perspectives on the scholarship of Section 2 of the Fourteenth Amendment and the underlying history of the Electors Clause. Through a review of modern interpretations of the Fourteenth Amendment, a summary of the text, structure, and ratification of the Electors Clause, and perspectives on debates over the constitutionality of the 1800-1826 legislative election, Mr. Bohnhorst argues that our history confirms the people's right to elect the President. ​​
Private Campus Police and the Fourteenth Amendment ♦ Vanessa Miller
This Article examines the state laws that empower private campus police officers to exercise police power off-campus and evaluates the implications for due process protections under the Fourteenth Amendment. Using the newly established Johns Hopkins University Police Department as a case study, Professor Miller explores how the expansion of private policing may infringe on the democratic principles of self-governance. Specifically, this Article argues that the statutory delegation of off-campus police powers to private campus police officers violates the Due Process Clause of the Fourteenth Amendment, advocates for a reexamination of the state action doctrine, and offers a novel interpretation of the Fourteenth Amendment's protections against private policing models.​​
Denver Law Review Forum
Repealing Colorado's Digital Token Act: A Regulatory Analysis ♦ Dr. Alvin Hoi-Chun Hung
In 2024, Colorado repealed its 2019 Colorado Digital Token Act. By examining the Act's original objectives, this Article evaluates the implications of the repeal for state and national-level regulatory strategies. Dr. Hoi-Chun Hung analyzes the repeal within legal and technological frameworks, offering insights into its impact on blockchain enterprises, investor confidence, and Colorado's position as a hub for digital innovation. The Article concludes by recommending a stronger, clearer collaboration between state and federal authorities to to support the responsible growth of cryptocurrency markets in Colorado and beyond.
Following the emergence of nitrogen hypoxia as a new method of execution, Reem Haikal examines the development of the method, its scientific basis, its implementation in Alabama, Oklahoma, and Mississippi, and the risks it poses under the Eight Amendment. The Article then draws on expert critiques and execution cases to challenge nitrogen hypoxia's reliability and humanity. As an alternative, Professor Haikal evaluates the firing squad as a contender to satisfy the constitutional and ethical standards required for the death penalty.
The Supreme Court's Rewriting of the Fourteenth Amendment Disqualification Clause: Trump v. Anderson and the Greenlighting of Insurrection ♦ Mark S. Brodin
Mark S. Brodin traces the history of Section Three and its virtual disappearance from the Constitution following the Court's decision in Trump v. Anderson. The Article discusses the leadup to Anderson, highlighting the events of January 6th, the eventual case brought in Colorado, and the ultimate decision of the Colorado Supreme Court. Professor Brodin then spotlights the consequences of the Anderson decision, both present and future.
The Devil's Dictionary of Criminal Procedure ♦ Michael Cicchini
Michael Cicchini exposes the "cold reality that lurks in the courtroom" by using cynical dictionary definitions for various criminal procedure terms in this unconventional, well-supported piece. Inspired by Ambrose Bierce's Devil's Dictionary, Mr. Cicchini, a longtime criminal defense attorney, aims to educate aspiring defense attorneys so they may be prepared for what awaits in the real world.
Tabrez Ebrahim explores how digital platforms for legal services can increase access to justice while recognizing the need for adapting the lawyer ethical code in the face of these technological advancements. Professor Ebrahim ultimately argues for a co-regulation approach to balance the needs of consumers with professional responsibility.
Student Note ♦ Speech First, Inc. v. Sands: Speech, Antidiscrimination, and the Open Question of Equity in Education ♦ Sean LaLiberte
Sean LaLiberte reviews the controversy over bias response policies on higher education campuses, exploring the tension between First Amendment and antidiscrimination values in the context of campus speech. The Note assesses a now-vacated 2023 case, Speech First v. Sands, positing that the opinion’s minority position in an emerging circuit split better serves the educational marketplace of ideas by upholding modest, non-punitive measures that enable universities to advance both speech and equity principles.
Denver Law Review Podcast
Denver Law Review Podcast is joined by Professor Johnna Montgomerie and Professor Michael Sousa to explore the themes of capitalism and how it touches on every aspect of our lives. Listen & Learn about debt, the household, and our current capitalist system.
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Stanford Professor Dan Ho joins the Denver Law Review Podcast to discuss evaluating the accuracy of facial recognition technology and how greater algorithm transparency and testing must be essential elements of future efforts to regulate the use of facial recognition technology by private companies and law enforcement.
Denver Law Review Podcast is joined by University of Illinois Professor Meicen Sun to discuss digital trade. This episode covers the barriers to regulating big-data on a global scale, why users are willing to share their data, and TikTok’s role as part of China’s digital Silk Road.
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