Volume 47, Issue 1
Rule 10B-5 and the “Unfitness” Question
The Sarbanes-Oxley Act provides that, in a litigated proceeding brought by the SEC or in a cease-and-desist proceeding before the SEC, a securities law violator who is found to be…
Read More
The Functions of Transaction Costs: Rethinking Transaction Cost Minimization in a World of Friction
This Article critically examines the goal of minimizing transaction costs, including the costs of legal decision-making. This goal has profoundly influenced legal scholarship and both public and private law. We…
Read More
Using the Master’s “Tool” to Dismantle his House: Why Justice Clarence Thomas Makes the Case for Affirmative Action
Justice Clarence Thomas is known for his strong opposition to affirmative action. This Article analyzes Justice Thomas’s appointment to the Supreme Court and contends that his nomination to and performance…
Read More
Quasi-Community Property in Arizona: Why Just at Divorce and Not Death?
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…
Read More
Questionable Medicine—Why Federal Medical Malpractice Reform May Be Unconstitutional
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…
Read More
Stanley v. McCarver: Formal Doctor–Patient Relationship Not Required for Negligence Liability
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,…
Read More
State v. Aguilar: Expanding Arizona’s Emotional Propensity Exception to the Prohibition Against Other Acts Evidence in Sexual Assault Cases
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…
Read More
Clean Elections Institute, Inc. v. Brewer: The Separate Amendment Rule of the Arizona Constitution
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…
Read More