Volume 49, Issue 1
Buying and Selling Human Tissues for Stem Cell Research
A series of expert committee reports and legislative proposals suggest an emerging consensus in the medical research and public policy communities that compensating donors of tissues for stem cell and…
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Arbitration and the Individuation Critique
According to many skeptics, arbitration prevents consumer and employee claimants from aggregating their claims, and thus forces these claimants into individualized proceedings where they are unable to counter the advantages…
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Racial Profiling in Immigration Enforcement: State and Local Agreements to Enforce Federal Immigration Law
As of February 2007, seven jurisdictions had entered into special Memoranda of Agreement (“MOA”) with the federal government, which allow their local police officers to enforce immigration law. This Note…
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Medical Decisions and Children: How Much Voice Should Children Have in Their Medical Care?
Courts frequently dismiss the role of children in making their own medical decisions, on the legal presumption that children are less competent than adults. However, children are often capable of…
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Espinoza v. Schulenburg: Arizona Adopts the Rescue Doctrine and Firefighter’s Rule
In its first case considering the issue, the Arizona Supreme Court followed the Restatement (Third) of Torts Section 32 and adopted the rescue doctrine, which permits an injured rescuer to…
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Forty-Seventh Legislature of the State of Arizona v. Napolitano: Appropriations of Authority
The Arizona Supreme Court applied its previous case law concerning the meaning of an “appropriation” to find the Governor’s line-item veto outside the bounds of her authority. In reaching its…
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State v. Gomez: Defendant with Dismissed Indictment Still Eligible for Probation
A criminal defendant remains eligible for mandatory probation in the case of a first- or second-time drug offense, although she was previously the subject of a dismissed indictment. Over the…
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Powell v. Washburn: To the Restatement (Third) of Property: Servitudes—and Beyond
The Arizona Supreme Court, following the Restatement (Third) of Property: Servitudes Section 4.1, adopted a liberal method for interpreting restrictive covenants that focuses on the intent of the parties to…
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