Volume 50, Issue 1

Using Arizona as a case study, this Essay examines the history of changes in state judicial-selection rationales, methods, and practices. It outlines Arizona's journey from contested elections to a hybrid…

Although an amendment to the Constitution is effective when ratified by three-fourths of the states, the states in the Union at the time of adoption unanimously ratified the Thirteenth, Fourteenth,…

Courts impose a number of barriers to recovery for negligently inflicted emotional harm. Whether or not these barriers are justified in suits between strangers, this essay argues that they are…

“Law and entrepreneurship” is an emerging field of study. Skeptics might wonder whether law and entrepreneurship is a variant of that old canard, the Law of the Horse. In this…

Interest in climate change has generated many proposals for cap-and-trade programs to control greenhouse gases. Longstanding American water rights regimes may have some lessons for these new proposals. As with…

This Essay is a primer on the income taxation of cross-border transactions, comparatively examining the approaches of the U.S. federal government and the American states, and focusing on the problems…

This Article explores the potential benefits and challenges of giving more prominence to the voice of the Indian child in ICWA proceedings, a topic that has received scant attention from…

This Article suggests that the role played by the “ordinarily prudent consumer” in trademark law should be more carefully scrutinized. Trademark infringement law’s “straightforward story,” which typically justifies trademark rights…

Arizona common law insists upon transactional fairness, a tradition in keeping with the iconic ethos of the American cowboy as straightforward, trustworthy and self-reliant when necessary but also dependent on…

One of the most widely accepted notions in American constitutional law is that the federal constitution and interpretations of the federal constitution by the Supreme Court of the United States…

Resale price maintenance (“RPM”), the practice whereby a manufacturer sets pricing rules for retailers, artificially inflates prices and, thus, allegedly runs afoul of antitrust laws. The practice emerged in the…

This Article draws on a current controversy in legal ethics to explore the evolving associational structure and ethical outlook of the American legal profession. The controversy concerns the propriety of…

This Note discusses false statements violations under 26 U.S.C. § 7206(1) and how a circuit split should be resolved.