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 3 • Spring 2025
Using Nuisance Law to Advance Food Safety ♦ Timothy D. Lytton
​Professor Lytton’s Article argues that contaminated fresh produce, which is largely caused by manure runoff from nearby cattle operations, remains a major food safety issue despite existing regulations. He proposes using nuisance lawsuits to hold cattle operations accountable and incentivize better manure management, cattle vaccination, and feed additives. This legal strategy would complement weak regulatory enforcement and shift responsibility upstream to pollution sources.​
Voter Rights in Kansas After League of Women Voters v. Schwab ♦ Richard E. Levy
This Article critically examines the Kansas Supreme Court’s decision in League II, which upheld certain voting restrictions despite evidence that they may disenfranchise voters. Professor Levy argues that the court misinterpreted the Kansas constitution by failing to robustly protect the right to vote, especially regarding signature verification requirements for absentee ballots. He warns that this ruling may signal a retreat from earlier Kansas decisions that offered stronger rights protections than federal law, potentially limiting future voting rights challenges.​
Asynchronous Trials: A New Approach to High-Volume Adjudication ♦ Henry Zhuhao Wang
Professor Wang proposes a new approach to resolving low-complexity civil cases: asynchronous, where participants communicate through written or recorded submissions at different times. Drawing on post-COVID virtual court innovations and international pilot programs, Professor Wang argues that asynchronous trials could increase access to justice, reduce costs, and enhance court efficiency, especially for pro se litigants. He also outlines the procedural and evidentiary frameworks needed to implement these trials effectively while acknowledging potential challenges like reduced solemnity and difficulties with real-time confrontation.​​
Witness-Washing Facial Recognition Technology ♦ Nathan E. Rouse
This Article examines how police use Facial Recognition Technology (FRT) in secret to avoid legal scrutiny by hiding it behind human eyewitness identifications. Professor Rouse coins the term “witness-washing” to describe this process. In witness-washing, algorithmic outputs are incorporated into investigations, but only human testimony is presented in court, masking the use of the flawed and untested technology. He argues that this practice undermines constitutional protections, prevents meaningful review of FRT’s accuracy and legality, and enables a hidden, algorithm-driven criminal justice system.​​
Building Belonging ♦ Meera E. Deo
Professor Deo argues that in the wake of the Supreme Court’s SFFA decision limiting affirmative action, legal education must focus on student retention through fostering a sense of belonging, especially for students of color. Using a Critical Race Theory (CRT) lens and empirical data, Deo shows that belonging is vital for student success, yet many marginalized students feel isolated in law school. She proposes targeted interventions for faculty, students, and administrators to cultivate inclusion and community, thereby supporting the retention and wellbeing of underrepresented law students.​
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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