Current Issue

Rae Ann Rumery, John Skarhus, and Cartwright Elementary School District v. Maria Baier, No. CV-11-0358-PR, 2013 WL 85338 (Ariz. 2013)

Ariz. L. Rev. Syl. (2013)

Alexander McCourt View PDF

On January 9, 2013, the Arizona Supreme Court held that a state statute diverting money from state trust lands to a trust management fund instead of the designated permanent fund…

Open Primary Proposition Upheld by Arizona Supreme Court

Ariz. L. Rev. Syl. (2013)

Ian A. Abaie View PDF

Proposition 121 would have amended the Arizona Constitution to replace publicly funded, partisan primary elections1 with privately funded, open primary elections in which all candidates would appear on the one…

Making Sense of Expert Medical Witness Qualification After Baker

Ariz. L. Rev. Syl. (2013)

Athan P. Papailiou View PDF

The framework for qualifying expert medical testimony in Arizona is codified at Ariz. Rev. Stat. Section 12-2604. Recently interpreted by the Arizona Court of Appeals in Baker v. University Physicians…

The Resilience of Property

55 Ariz. L. Rev. 847 (2013)

Lynda L. Butler Article View PDF

Resilience is essential to the ability of property to face transforming social and environmental change. For centuries, property has responded to such change through a dialectical process that identifies emerging…

America’s Fundamental and Vanishing Right to Bail

55 Ariz. L. Rev. 909 (2013)

Matthew J. Hegreness Article View PDF

“All persons shall be bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption great.” This is the “consensus” text of one of the…

Privacy Protests: Surveillance Evasion and Fourth Amendment Suspicion

55 Ariz. L. Rev. 997 (2013)

Elizabeth E. Joh Article View PDF

The police tend to think that those who evade surveillance are criminals. Yet the evasion may only be a protest against the surveillance itself. Faced with the growing surveillance capacities…