Category: Past Issues

Henry F. Fradella** & Christine S. Scott-Hayward*** Full Article. I. Introduction In its 2017 “State of Pretrial Justice in America” report, the Pretrial Justice Institute (“PJI”) praised Arizona’s pretrial justice reform efforts.[1] Arizona was one of nine states awarded a…

Michele Deitch* Full Article. Introduction Over the last decade or so, Arizona’s prisons have become synonymous with mismanagement, lack of safety, unconstitutional health care, and abysmal conditions for people in custody. The problems that have marred the corrections agency’s reputation…

Jenny E. Carroll* Full Article. Introduction Concepts of safety and prevention of danger pervade the criminal law canon.[1] Arizona is no exception.[2] The state’s criminal systems[3] pivot around central and entwined goals of protecting public safety and preventing danger. The…

Douglas A. Berman* and Alex Kreit** Full Article. Introduction In less than a decade, marijuana legalization has gone from unthinkable to seemingly unstoppable. The idea was viewed as so far outside the mainstream in 2009 that President Barack Obama’s first…

Valena E. Beety* Full Article. Introduction Arizona is nationally recognized as a leader in forensic science. Our state court judges serve on the Legal Resource Committee for the National Institute of Science and Technology (NIST) and provide guidance to NIST’s…

Michael Serota* Full Article. All government decisions matter. But few matter more—or are more consequential for society—than those involving the criminal justice system.[1] That’s because we depend upon the criminal justice system to perform two of the government’s most critical…

Brian Teed. The holidays had arrived, and on December 2, 2015, San Bernardino County threw a party for its staff. The merriment turned to terror when a man and a woman stormed the building, carving through the attendees in a chaos…

Stephen Kaneshiro. Home health aide Shu-Ying Xu was injured on the job while trying to keep a patient from falling. The injury caused such debilitating pain the Social Security Administration considered her “totally disabled.” Still, Ms. Xu’s workers’ compensation insurer had her…

Morgan Goodin. Judge Learned Hand’s well-known and widely shared dread of lawsuits emphasizes the importance of the goals of Federal Rule of Civil Procedure 41(d): deterrence of both frivolous lawsuits and forum shopping. Rule 41(d) applies to a plaintiff who…

Karen E. Woody. Pursuant to the SEC’s Rule 10b-5, in order to obtain a conviction for insider trading based upon a tipper-tippee theory, the government must prove that the tipper received a personal benefit for the tip, and that the…