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 103 • Issue 1 • Fall 2026
The Paradox of Federal Oversight in Police Misconduct
♦ Ilana M. Friedman
​Drawing on over fifty interviews with state and federal prosecutors, this Article examines how police misconduct cases are investigated and prosecuted across jurisdictions. While the federal Civil Rights Division's involvement is intended to strengthen accountability, the study reveals that experienced police misconduct prosecutors may view exogenous oversight as intrusive to their autonomy.
The Misconceived Personal-Benefit Requirement of Insider Trading Law: About the Insecurities Markets
♦ Kenneth R. Davis
Analyzing Dirk v. SEC and Salman v. United States, this Article identifies a mistaken premise embedded in the classical theory of insider trading and its personal-benefit requirement for tipper/tippee liability. This Article argues that the Supreme Court has misconceived the nature of insider trading, contending that the wrong act is unauthorized trade itself, not the benefit of the trade itself.
♦ Zachary R. Cormier
Through an examination of recent cases involving the warrantless seizures of cell phones during protest or police activity, this Article identifies three problematic trends that undermine First and Fourth Amendment rights: over reliance on exigent circumstances, confusion over probable cause standards, and a circuit split regarding extended seizures. This Article explores these trends and offers an approach for future courts to ensure First and Fourth Amendment protections.
The Protection Illusion: Sexual Harassment Policies and Low-Wage Workers
♦ Sherley Cruz
This Article argues that workplace sexual harassment policies provide only illusory protection while actively creating barriers to sexual harassment reporting. This review of reporting protocols demonstrates how limited accessibility, burdensome procedures, and "good faith" reporting requirements deter rather than encourage employees from coming forward. It calls for courts to more rigorously review workplace policy before granting an employer's affirmative defense.
"Fixing" the Classical Legal Tradition
♦ Jamie G. McWilliam
Recognizing the criticisms of originalism as being morally empty jurisprudence, this article argues that certain core originalist theses can deepen the classical legal tradition's understanding of how positive law fulfills its moral role. It contends that discrete commitments such as fixation, constrains and lawful change should be accepted by classical legalists and viewed as part of the jurisprudential framework that is grounded in reason and common good.
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.
​
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.
​
​
