In Vitro Fertilization and the Law: How Legal and Regulatory Neglect Compromised a Medical Breakthrough

The rise of assisted reproductive technology like in vitro fertilization (“IVF”) as a method of human reproduction represents a remarkable medical achievement. Live births and success rates have increased dramatically in the past decade, so much so that many fertility clinics now “guarantee” a baby to clients who sign up. But with successes come inevitable downsides. Everyone knows that the price tag is steep, but given the demand, relatively few individuals are deterred. More insidious are the …

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The Psychodynamics of Sexual Choice

The right of sexual autonomy now occupies a central place in the scheme of constitutional liberties. Consensual sexual relations, including fornication, adultery, and sodomy, are understood to lie beyond the reach of law’s regulatory power. Yet as described in this Article, some sexual encounters by their very nature are likely to engage unconscious psychological processes that involve troubling levels of vulnerability and coercion. Drawing on psychoanalysis, this Article proceeds by examining t…

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Curing the Tribal Disenrollment Epidemic: In Search of a Remedy

This Article provides a comprehensive analysis of tribal membership, and the divestment thereof—commonly known as “disenrollment.” Chiefly caused by the proliferation of Indian gaming revenue distributions to tribal members over the last 25 years, the rate of tribal disenrollment has spiked to epidemic proportions. There is not an adequate remedy to stem the crisis or redress related Indian civil rights violations. This Article attempts to fill that gap. In Part I, we detail the origins of triba…

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Courts and the Future of "Athletic Labor" in College Sports

Recently, “labor” has entered the lexicon of NCAA litigation involving antitrust and union organizing. Athletic labor, a term coined by a federal appeals court, signals a favorable turn for students—as illustrated by a recent antitrust decision holding that student athletes are participants in a labor market. In addition, a National Labor Relation’s Board regional director’s ruling in Northwestern University has accelerated the NCAA’s efforts to compensate students. This study is based on 82 sta…

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The Real School Safety Debate: Why Legislative Responses Should Focus on Schools and Not on Guns

Recent tragedies in our nation’s schools—such as the Sandy Hook shooting in Newton, Connecticut and the Marysville-Pilchuck shooting near Seattle, Washington—have brought the school safety debate to the forefront of American politics. Issues of serious school violence receive intense media scrutiny. As a result, the school safety debate tends to incite emotional responses from legislatures, school districts, and parents alike. However, given that school safety concerns more than just mass shooti…

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Aggregating is Aggravating: Unitary Offenses and Their Effects on Defendant Rights

This Note examines how unitary offenses affect defendants’ rights in the state of Arizona. In Arizona, first-degree murder, along with several other felony crimes, has been designated a unitary offense—a single offense that can be committed in multiple ways (e.g., premeditation or felony murder). For unitary offenses, a jury must unanimously agree that the offense happened, but it does not have to agree on the exact way in which it happened. This conflicts with a defendant’s right to a unanimous…

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Information and Control: Making Secrets and Keeping them Safe

The amount of classified information has increased to an astonishing point in recent years—having more than tripled during the Obama Administration alone. Concerns about overclassification are not new, but they are especially troubling given the amount of information now being classified and the number of persons being prosecuted for leaking classified information. As it stands, the executive branch retains power to determine what information should be classified and who should be prosecuted for…

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Manufacturing Consumer Protection for 3-D Printed Products

Additive manufacturing, also known as “3-D printing,” is an exciting technology with the potential to revolutionize a host of industries and transform the ways in which products reach consumers. Products printed using this 3-D technology raise a number of legal and policy issues, particularly in the realm of products liability law. Despite that, this Note argues that slow-moving legislation will likely be the least effective means to address this rapidly changing industry. The reasons for reject…

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President Obama's DAPA Executive Action: Ephemeral or Enduring?

On November 20, 2014, President Obama announced his executive order on immigration, Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”). Controversy immediately ensued. Never before has an executive action deferred deportation of up to five million people, nor has one received such public outrage. Since its announcement, there have been two primary judicial challenges to the executive action: United States v. Juarez-Escobar and Texas v. United States. The latter case…

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The Model Entity Transaction Act: A Step Toward Improving Arizona's Business Environment

In 2014, the Arizona State Legislature passed the Arizona Entity Restructuring Act (“AERA”), overhauling Arizona’s entity-level transaction statutes. AERA organizes, simplifies, and expands Arizona’s entity-level transaction procedures. This Note will cover AERA’s development, its broadly inclusive definition of “entity,” the five specific transactions it permits, and why AERA is the first step toward a more business-friendly Arizona.

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