Volume 55, Issue 3

This Article analyzes the probabilistic and epistemological underpinnings of the burden of proof doctrine. We show that this doctrine is best understood as instructing factfinders to determine which of the…

This Article focuses on the U.S. Federal Reserve’s controversial practice of loaning U.S. dollars to foreign central banks, which the foreign central banks then turn around and loan to institutions…

With neither statutory proscriptions to uphold nor a clear statement of what they were trying to do, federal judges in the United States have deemed stereotyping actionable at law. The…

The number of modifications to distressed residential loans following the 2008 financial crisis has been disappointingly low compared to the number of foreclosures. This raises concerns about the presence of…

Federal Rule of Evidence 606(b) precludes juror testimony regarding deliberations, but contains an exception for “extraneous prejudicial information.” A circuit split on the issue of what qualifies as “extraneous prejudicial…

Entrapment-by-estoppel is a criminal defense founded in due process. The defense emerged over 50 years ago from the U.S. Supreme Court and has seen steady growth and acceptance. Arizona courts,…

In a recent decision, the Arizona Supreme Court held that the age and parental presence of juvenile drivers are relevant, but not determinative, of whether they voluntarily consent to a…