Monthly Archives: December 2013



I regularly teach Constitutional Law, Constitutional Litigation (focusing primarily on 42 U.S.C. 1983), and Constitutional Criminal Procedure (focusing on the Fourth and Fifth Amendments).  I have also taught Evidence and Legal Ethics.

In fall 2013, I created and taught a seminar, Commodification and the Law, which considers whether certain items (babies, cultural artifacts, bodily organs, reproductive labor, sexual services) should be available for sale in the market and examines the legal regimes applicable to various disputed commodities.

In spring semester 2015, I will be co-teaching a course called Constitutional Litigation Practicum with Qusair Mohamedbhai, a well-known civil rights practitioner in Denver. The course will both survey the doctrines essential to litigation under 42 U.S.C. 1983 and provide students with the opportunity to engage in several skills-based exercises, including taking and defending a deposition, preparing a witness, drafting a motion for summary judgment, and arguing the motion before a panel of sitting judges.

My recent teaching evaluations and syllabi are available here.


Most of my publications are available for download on SSRN.

Identity Entrepreneurs, 104 California Law Review ____ (forthcoming 2016)

Negative Identity, 88 Southern California Law Review ____ (forthcoming 2015)

Enforcing Rights, 62 UCLA Law Review 306 (2015) (with Aaron Belzer)

Improving Rights, 99 Virginia Law Review 377 (2014)

Racial Capitalism, 126 Harvard Law Review 2151 (2013)

Gideon’s Law Protective Function, 122 Yale Law Journal 2460 (2013) (invited symposium contribution)

“So Closely Intertwined”: Labor and Racial Solidarity, 81 George Washington Law Review 1135 (2013) (with Charlotte Garden)

Consent Forms and Consent Formalism, 2013 Wisconsin Law Review 751 (2013) (with Kira Suyeishi)

Half/Full, 3 Irvine Law Review 1125 (2013) (invited symposium contribution)

Discursive Disparities,  8 Florida International University Law Review 369 (2013) (invited symposium contribution)

Making Rights, 92 Boston University Law Review 405 (2012)

Civilizing Batson, 97 Iowa Law Review 1561 (2012) (symposium contribution)

Is Marriage for Rich People?  A Book Review of Ralph Richard Banks’ Is Marriage for White People?, 44 Connecticut University Law Review 1325 (2012) (solicited review)

The Open Road and the Traffic Stop: Narratives and Counternarratives of the American Dream, 64 Florida Law Review 305 (2012)

  • quoted in United States v. Mubdi, 691 F.3d 334 (4th Cir. 2012) (Davis, J., concurring in part and in the judgment) (subsequently vacated on other grounds)

The Persistent Gender Disparity in Student Note Publication, 23 Yale Journal of Law and Feminism 385 (2011) (coauthored with Jennifer Mullins)

Rethinking the Order of Battle in Constitutional Torts, 105 Northwestern University Law Review 969 (2011) (colloquy essay)

  • cited in Mills v. United Producers, Inc., 2012 WL 3870220 (E.D.Mich. Sept. 6, 2012)

Judicial Erasure of Mixed-Race Discrimination, 59 American University Law Review 469 (2010)

A Noteworthy Absence, 59 Journal of Legal Education 279 (2009) (peer reviewed)

The Saucier Qualified Immunity Experiment: An Empirical Analysis, 36 Pepperdine Law Review 667 (2009)

Multiracial Identity and Affirmative Action, 12 UCLA Asian Pacific American Law Journal 1 (2007)

Note, Attorney-Client Privilege in the Public Sector: A Survey of Government Attorneys, 20 Georgetown  Journal of Legal Ethics 163 (2007)

Note, Beyond Breimhorst: Appropriate Accommodation of Students with Learning Disabilities on the SAT, 57 Stanford law Review 2135 (2005)


2013-06-30 11.46.34-1

I’m a law professor at the University of Denver Sturm College of Law, where I’ve taught since fall 2011. I was recently awarded tenure two years early.  I teach and write about constitutional rights and remedies, criminal procedure, discrimination, judicial behavior, law and culture, and markets.

Before I joined the University of Denver faculty, I was a tenure-track Assistant Professor at the William & Mary School of Law, an Adjunct Professor at the American University Washington College of Law, and a Visiting Scholar at Georgetown University Law Center.  I also practiced First Amendment law with Americans United for Separation of Church and State and clerked for Judge Lipez of the U.S. Court of Appeals for the First Circuit.

In fall 2013 I was a Visiting Professor at the UCLA School of Law.

I graduated magna cum laude from Northwestern University with a B.A. in English and a B.Mus. in music.  Subsequently, I attended Stanford Law School, where I graduated with distinction and was Notes Editor on the Stanford Law Review, an Executive Editor for the Stanford Journal of Civil Rights and Civil Liberties, and a member of the editorial board for the Stanford Daily.

You can learn more about me on my official faculty page, download my research on SSRN, follow me on Twitter, or connect with me on LinkedIn, Google+, Vitae, and