Monthly Archives: November 2005

Quasi-Community Property in Arizona: Why Just at Divorce and Not Death?

47 Ariz. L. Rev. 167 (2005)

Mark Patton Note View PDF

Married couples migrating to Arizona from common law states may face a distressing problem. An inequitable treatment of the non-acquiring spouse arises from the different treatment of property acquired during…

Questionable Medicine—Why Federal Medical Malpractice Reform May Be Unconstitutional

47 Ariz. L. Rev. 195 (2005)

Collin Sult Note View PDF

This Note does not pass judgment on competing claims regarding the wisdom or necessity of reforming the medical liability system. Rather, this Note analyzes the constitutional authority that Congress may…

Stanley v. McCarver: Formal Doctor–Patient Relationship Not Required for Negligence Liability

47 Ariz. L. Rev. 223 (2005)

Patrick I. Biggerstaff Note View PDF

This case establishes that even though a medical professional does not have a formal doctor-patient relationship with an individual, the professional must still act reasonably when diagnosing, administering care to,…

State v. Aguilar: Expanding Arizona’s Emotional Propensity Exception to the Prohibition Against Other Acts Evidence in Sexual Assault Cases

47 Ariz. L. Rev. 229 (2005)

Alexandra G. Foote-Jones Arizona Case Note View PDF

The Arizona Supreme Court clarified that, as long as the other requirements are met, sexual propensity “other acts” evidence is admissible in cases of sexual assault on adult victims in…

Clean Elections Institute, Inc. v. Brewer: The Separate Amendment Rule of the Arizona Constitution

47 Ariz. L. Rev. 237 (2005)

Matthew O. Gray Arizona Case Note View PDF

The Clean Elections Institute court drew a clear line between the single-subject rule for statutes and the separate amendment rule for constitutional amendments. The court also reaffirmed the Kerby test…