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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…