Volume 46, Issue 4
Guilt by Expressive Association: Political Profiling, Surveillance and the Privacy of Groups
This Article maintains that the First Amendment-based right of expressive association, interpreted most recently in Boy Scouts v. Dale, can protect political and religious associations from intrusive law enforcement investigations…
Read More
Text and Circumstance: Warranty Disclaimers in a World of Rolling Contracts
This Article provides a flexible test based on language in Article 2 of the Uniform Commercial Code that validates certain disclaimers “unless the circumstances indicate otherwise.” The test would enable…
Read More
Class Action Lawyers as Lawmakers
This Article focuses on the lawmaking incentive problem inherent in class actions, and specifically on class action complaints. Because a class action lawyer prepares a complaint without knowing whether a…
Read More
State v. Hickman: Redefining the Role of Peremptory Challenges
The issue in this case was whether it should continue to follow the automatic reversal rule in Huerta or, in the alternative, join those states that have adopted the principles…
Read More
Weighing in on the Scales of Justice: The Obesity Epidemic and Litigation Against the Food Industry
This Note examines the obesity epidemic and the lawsuits filed against the food industry. It considers the potential success of the obesity lawsuits and the degree to which the government…
Read More
FOIA Frustration: Access to Government Records Under the Bush Administration
This Note argues that the Bush administration has improperly invoked the national security, law enforcement, and critical infrastructure information exceptions to the Freedom of Information Act to deny valid requests.
Read More
State v. Dean: Redefining Arizona Law for Police-Initiated Contact and Automobile Searches Incident to Arrest
The court concluded that, because of the physical distance between Dean and the vehicle and the long lapse of time between the arrest and Dean’s exiting of the vehicle, the…
Read More
Duncan v. Scottsdale Medical Imaging, Ltd.: Restoring a Patient’s Right to Sue for Battery
The Arizona Supreme Court in Duncan v. Scottsdale Medical Imaging, Ltd. struck down parts of Arizona’s Medical Malpractice Act as being inconsistent with the Arizona Constitution.
Read More