Revisiting <em>Montana</em>: Indian Treaty Rights and Tribal Authority over Nonmembers on Trust Lands

In a series of cases beginning with its 1981 decision in Montana v. United States, the U.S. Supreme Court has diminished the civil authority of Indian tribal governments over nonmembers within the tribes’ territories. Initially, the Court confined itself to hobbling tribes’ inherent sovereign authority over non-tribal members only on non-Indian (“fee”) lands within reservations. In 2001, however, the Court ruled for the first time that a tribe did not possess inherent jurisdiction over a lawsuit…

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Tort as Democracy: Lessons from the Food Wars

This Article develops alternative emerging theories regarding the function of tort in American civil society. Often, scholars and policymakers evaluate the tort system in terms of compensation, loss allocation, and risk management. This focus overlooks an important modern function of tort; in the context of the modern administrative state, tort is a vital player in the democratic deliberative process. Tort suits bring forth new ideas, force fact-finding, and increase communication amongst public…

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Denying Death

Terminal cancer patients are being kept in the dark about the purpose of their care. Several studies show that these patients undergo expensive and painful interventions because they are holding out hope for a cure, even when their physicians know that a cure is very unlikely. The current Medicare reimbursement system encourages this false hope by incentivizing physicians to medicate and operate on patients, rather than to talk about whether or why to do these things. Our culture also encourages…

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Modifying Mortgage Discrimination in Consumer Bankruptcy

The subprime mortgage crisis that helped bring on the Great Recession resulted in the decimation of housing-related wealth among economically disenfranchised groups and communities. These losses were, in significant part, the direct result of the rampant racialized and geographic mortgage discrimination that took place in these communities in the run-up to the financial crisis and persists today. The Bankruptcy Code, however, offers little relief to these and other distressed homeowners because …

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An Environmental Argument for a Consistent Federal Policy on Marijuana

The federal government has dealt with the increasing trend towards states legalizing marijuana for medicinal and recreational use in conflicting ways. While marijuana remains illegal at the federal level, recent general federal policy has discouraged intervention in state legalization. This approach has resulted in conflicting federal policies and created uncertainty for state-legal marijuana growers and sellers. This Note explores the environmental consequences of state and federal policies on …

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The Legal Obligations of Search Engine Optimization Firms

As the Internet becomes increasingly accessible, businesses are focusing more attention on their online presences and regularly hire outside firms to optimize their websites in order to rank higher on Google and gain search engine traffic. A business not familiar with search engines, however, is less equipped to ensure that its search engine optimization firm is using reputable techniques. Not using reputable techniques can result in a search engine penalty, which can range from the webpage’s ra…

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Probable Cause: Is the "Plain-Smell" Doctrine Still Valid in Arizona After the AMMA?

In State v. Sisco and State v. Cheatham, the two divisions of the Arizona Court of Appeals considered whether, in light of the Arizona Medical Marijuana Act, the smell of marijuana, standing alone, was sufficient to establish probable cause. The two divisions promulgated contradicting policies, which should be addressed to help clarify the law. This Note will provide a synopsis of the two cases as well as an overview of the approaches taken by comparable jurisdictions. This Note advocates for th…

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Hej, Not Hej Då: Regulating Airbnb in the New Age of Arizona Vacation Rentals

Airbnb is changing the way travelers see the world. In Arizona, like many other states, there is confusion about the best way to regulate Airbnb. Municipalities across the world have approached Airbnb in different ways, and Arizona’s cities and counties are no exception: Phoenix adheres to a laissez-faire attitude, Pima County is hunting Airbnb hosts, and Jerome thrusts Airbnb into the center of litigation. Each municipality needs to adopt clear regulations to ensure that Airbnb hosts understand…

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