DENVER LAW REVIEW
Volume 102
2024–2025​
Issue 1
Articles
Michael Mattioli
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. ​
Safeguarding Children's Voices in Child Protective Proceedings
Stephanie L. Tang
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.​
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.​​
Adam Fisher
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.​​
Rate Covenants in Municipal Bonds: Selling Away Civil Rights and Fair Housing Goals
Jade A. Craig
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 Comments
Samia v. United States: The Ghost of Sir 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.
