Volume 59, Issue 2

One of the most misunderstood and undervalued subjects in federal jurisdiction is the doctrine of constitutional fact. The doctrine—which holds that courts must review factual determinations de novo where those…

While data were always valuable in a range of economic activities, the advent of new and improved technologies for the collection, storage, mining, synthesizing, and analysis of data has led…

Innovation is vital to economic prosperity, and lawmakers consequently strive to craft patent laws that efficiently promote the discovery and commercialization of new inventions. Commentators have long recognized that legal…

Everyone agrees that American tort law expanded significantly in the late nineteenth century. But the story of that change, as usually told, is radically incomplete. One important precondition of tort…

For over four decades, the Arizona Legislature has required parties with small-dollar civil disputes to submit their disputes to compulsory arbitration before trial in Arizona’s Superior Court. Overall, compulsory arbitration…

Guaranteed money in an NFL player contract is often misrepresented when discussing the earnings of professional football players. Whenever an NFL player signs a new contract, purportedly setting a new…

While many still assume that most defendants who fail to appear for court (“FTAs”) are willfully evading the law, nonappearance occurs for a variety of reasons, and most FTAs are…