Volume 46, Issue 2
Defending Imminence: From Battered Women to Iraq
This Article claims that the significance of the imminence requirement is independent of the needs of the defender. Self-defense is not merely self preferential acting. Rather, self-defense is best understood…
Read More
Has the U.S. Canned Spam?
This Note will first examine other countries’ attempts to control spam and the steps individuals have taken using technology and traditional causes of action. It will then look at the…
Read More
“An Atypical and Significant Hardship”: The Supermax Confinement of Death Row Prisoners Based Purely on Status—A Plea for Procedural Due Process
This Note argues that, by not providing any due process before or after assigning death row inmates to supermax conditions, the State is violating prisoners’ fundamental rights.
Read More
Distributing Draft Decisions Before Oral Argument on Appeal: Should the Court Tip Its Tentative Hand? The Case for Dissemination
This Note considers the primary arguments that have been made for and against issuing draft opinions prior to oral argument.
Read More
After Tahoe Sierra, One Thing is Clearer: There is Still a Fundamental Lack of Clarity
After a brief introduction into the development of the regulatory takings 40 this Note examines the two aforementioned effects of the Tahoe Sierra decision and illustrates how they have already…
Read More
The Pledge of Allegiance: One Nation Under God?
This Note weighs the arguments for and against having public school teachers lead students in the Pledge. This Note considers the Supreme Court’s alternatives and concludes that, under the Court’s…
Read More
State v. Minnit: Extending Double Jeopardy Protections in the Context of Prosecutorial Misconduct
The court held that later discovery of prosecutorial misconduct, albeit after subsequent retrials, will invoke the protections of the double jeopardy clause.
Read More
Kromko v. City of Tucson: Use of Public Funds to Influence the Outcomes of Elections
In Kromko, the Arizona Court of Appeals interpreted Arizona Revised Statute Section 9-500.14(A) to apply only in cases of the most obvious partisan dissemination of information.
Read More
McDonald v. Thomas: Regulating the Governor’s Clemency Power
The Arizona Supreme Court considered whether the Disproportionality Review Act was constitutional and whether commutation was an official act of the governor such that a letter of denial required the…
Read More