Volume 47, Issue 3

The use of business documents to prove antitrust violations in court is quite problematic. This article identifies three classes of business documents that are used by courts and antitrust agencies…

Non-DNA cases are difficult for defendants to overturn given the subjectivity involved in assessing most forms of new evidence and the absence of a method to prove innocence to a…

Third parties have historically been faced with the presumption that parents should have a preference in custody proceedings. Earlier, however, Arizona courts had no problem finding that under appropriate circumstances…

Since the wide-scale use of reclaimed water is a relatively recent development, the ownership and use of effluent are relatively new issues in water law. Therefore, this Note seeks to…

This Note proposes that the standard which should be used in ATS aiding and abetting and conspiracy cases is the Restatement (Second) of Torts, section 876, which is the civil…

In Hampton, the Arizona Supreme Court specifically declined to decide whether a criminal defendant whose conduct is severely egregious may forfeit his right to counsel. Despite having threatened the lives…

In a unanimous decision authored by Justice Hurwitz, the court held that the trial court erred in not dismissing the claim for intentional infliction of emotional distress, and remanded the…

In North Valley, the Arizona Supreme Court resolved the question regarding the scope of Arizona Revised Statute section 12-1517 by holding that its arbitration agreement exclusions applied to all employees,…

The Arizona Supreme Court, in holding unconstitutional the random drug testing of city firefighters, placed great weight on two main factors. First, the court emphasized the lack of evidence concerning…