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.
This Article explores how AI can bolster the creation and dissemination of copyrighted works within the broader copyright ecosystem. To deepen this exploration, this Article introduces the "Facilitative Fair Use” framework, arguing that courts should explicitly recognize AI’s capacity to expand public access when assessing fair use and highlighting the need for diverse training data to mitigate biases and promote equitable creativity. ​
Volume 102 • Issue 1 • Fall 2024
While children can have preferences in child protective proceedings through four primary avenues, judges and attorneys have the final say as to whether those avenues are actually offered to children. This Article contributes to the discussion on children’s rights in child protective proceedings by framing children’s legal rights to participate as inherent in their constitutional right to family integrity and arguing that states should adopt a multitiered framework of accountability and oversight measures to protect children’s rights in these proceedings.​
This Article explores how net-zero requirements for federal oil and gas leases are challenged under the Administrative Procedure Act and West Virginia v. EPA’s major questions doctrine, after commentators have suggested that an administration could limit U.S. greenhouse gas emissions. The Article concludes that if an administration could properly structure and defend the requirements, courts would likely uphold them.
Net-Zero Requirements for Federal Oil & Gas Leases: A Durable Way for the Executive Branch to Curb Greenhouse Gas Emissions ♦ Adam Fisher
Patent Invalidation Costs ♦ Greg Reilly
Patent invalidation has become more common in the past decade, yet invalidating patents is a cost that scholars have overlooked. This Article explores invalidation costs including reliance costs, uncertainty costs, in terrorem costs, and adjudication costs in depth, and brings these costs into mainstream patent scholarship in addition to providing the balanced analysis missing from modern patent debates.​
This Article examines how unfettered rate covenants in revenue bonds disproportionately harm low-income and minority communities in accessing vital public services. It reveals that municipalities, catering to bondholder interests, can escalate fees indefinitely, sidelining fair housing and civil rights imperatives. In response, this Article calls for statutory reforms instituting rate caps to curb inequitable pricing structures and protect vulnerable residents.
Student Note ♦ Samia v. United States: The Ghost of Sir Walter Raleigh Haunts Again ♦ Rebekah S. Atnip
This Note critiques the Supreme Court’s approach in Samia v. United States, where a nontestifying codefendant’s redacted confession was admitted without triggering the Confrontation Clause. It maintains that prioritizing “judicial economy” erodes confrontation rights by allowing juries to infer the nonconfessing defendant’s identity. The discussion underscores the potential expansion of prosecutorial power at the expense of Sixth Amendment protections.
DLR Forum
United We Fall? The Change Healthcare Cyberattack and the Danger of a Too-Big-To-Fail Health Insurer
Brendan Williams examines the implications of the outsized footprint that UnitedHealth Group (UHG) has on our healthcare system, and whether the February 21, 2024 cyberattack on UHG’s patient records will prompt policymakers to enact more regulations.
Alyssa Schwartz examines Carson v. Makin and argues that the Court’s decision disregards precedent and attempts to rewrite history to diminish the seperation of church and state as a bedrock principle of our nation, and rules in favor of religion which erodes the Court’s constitutional neutrality.
Dakota Hamko addresses the increasing ability of states to regulate in unprecedented areas and several modern limitations on this authority and also explores critical lessons from Dormant Commerce Clause precedent and its effect on the future of regulating animal cruelty through sales bans.
Hanna Woods argues that although the Court correctly decided Denezpi, it failed to incorporate key public policy considerations in its reasoning by neglecting to acknowledge that barring Denezpi’s subsequent prosecution in federal court would yield unfavorable consequences.
Misty L. Schlabaugh argues that ending the use of retributive punishment for non-violent drug crimes is crucial for addressing mass criminalization and incarceration, but it also emphasizes the need for broader societal change.
Charles R. Mendez and Karman J. Reed confront two central problems to the element of causation in medical malpractice law. They address how it has created a discrepancy between the legal standard of causation and its practical application.​​
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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