This Article will explore various facets of the decision to review a case en banc. Specifically, the Article addresses whether the votes of the entire circuit on whether to en…
The controversy over the Ninth Circuit’s reversal rate illustrates several features of interest in the functioning of appellate courts. This Article explores the arguments behind the possible sources of the…
Stephen J. Wermiel
Supreme Court Reversals
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There is a perception held by many politicians, legal commentators, and journalists that the country’s largest court of appeals is a bastion of liberalism run amok. This Essay suggests that…
This Note focuses on the second part of the protection that the Constitution offers private property holders: that the taking must be for a public use. This Note primarily posits…
Five years after graduating from law school, James Hamm filed for admission to the Arizona State Bar. As an applicant for admission, Hamm was rather unique---he had a conviction for…
The Arizona Supreme Court held that aggravating factors essential to imposing a capital sentence do not need to be alleged in the charging document and supported by evidence of probable…
The Arizona Supreme Court concluded that it had the constitutional authority to require active members of the state bar to serve as arbitrators pursuant to Arizona Rules of Civil Procedure…