Taming Unworkability Doctrine: Rethinking Stare Decisis

2018, Past Issues, Print, Volume 50 (2018) Issue 4 (Winter)
50 Ariz. St. L.J. 1215 (2018). Mary Ziegler. Unworkability, a factor in the Supreme Court’s analysis of stare decisis, has played a central role in recent blockbuster decisions, including Janus v. American Federation of State, County, and Municipal Employees, Council 31 and South Dakota v. Wayfair, Inc. Since the retirement of Anthony Kennedy, unworkability has taken on additional importance, especially since the Court seems more likely to reconsider decisions including Roe v. Wade and Planned Parenthood v. Casey. Despite the importance of unworkability jurisprudence, there is relatively little scholarship about its evolution or meaning. This Article offers an original legal history of the surprising relationship between abortion law and unworkability. Full Article
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How to Clean a Sewer: Local and Federal Teamwork Can Reduce Phoenix’s Storm Water Pollution

2018, Past Issues, Print, Volume 50 (2018) Issue 4 (Winter)
50 Ariz. St. L.J. 1287 (2018). Andrea Gass. This Comment argues that the federal government is best positioned to mandate reducing nonpoint source pollution, and it should not further delegate this responsibility to the states. Governors, as well as state and federal lawmakers, face regular elections in the short term that constrain their ability to regulate the environment in the long term. Voters do not target longstanding, entrenched federal regulations, but they might lash out against new local regulations. Federal aid can give states and local entities support to advance storm water cleanup efforts such as green infrastructure. Cleaner storm runoff would improve Arizona water appropriators’ supplies or provide a clean, new resource to recharge critical aquifers. Full Article
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