Current Issue
This Note explores the differing views on which sources of authority can be used to show “clearly established law” and their effects on constitutional tort litigants. The Note describes the…
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Arizona State Democratic Party v. State: Political Parties Not Prohibited from Receiving Donations for General Expenses
The Arizona Supreme Court held that the Arizona State Democratic Party did not violate Arizona Revised Statutes section 16-919 by accepting approximately $100,000 from corporations and labor unions. While the…
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State v. Martinez: The Arizona Supreme Court Applies and Upholds the State Sentencing Scheme in Light of Blakely
In State v. Martinez, the Arizona Supreme Court considered Arizona’s sentencing structure. The court responded to recent U.S. Supreme Court Sixth Amendment cases which held that any aggravating fact that…
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Phelps v. Firebird Raceway, Inc.: Establishing Express Assumption of Risk as a Question of Fact for the Jury
The Arizona Supreme Court confronted the question of whether this constitutional provision applies to express contractual waivers of liability. In a rare 3-2 vote, the court held the broad language…
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Hot Docs vs. Cold Economics: The Use and Misuse of Business Documents in Antitrust Enforcement and Adjudication
The use of business documents to prove antitrust violations in court is quite problematic. This article identifies three classes of business documents that are used by courts and antitrust agencies…
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Up the River Without a Procedure: Innocent Prisoners and Newly Discovered Non-DNA Evidence in State Courts
Non-DNA cases are difficult for defendants to overturn given the subjectivity involved in assessing most forms of new evidence and the absence of a method to prove innocence to a…
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