Past Issues

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…

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…

50 Ariz. St. L.J. 791 (2018). Martha A. Field. My role in this symposium, and my paper, are less academic than others’. I clerked for Justice Abe Fortas during the 1968–69 Term and worked with him on Brandenburg v. Ohio.…

50 Ariz. St. L.J. 911 (2018). David M. Rabban. Contrary to the assumption of most legal scholars and judges since 1917, there was substantial adjudication of free speech issues throughout the state and federal judicial systems in the late nineteenth…

50 Ariz. St. L.J. 855 (2018). Edward A. Purcell, Jr. The 100th anniversary of Judge Learned Hand’s opinion in Masses Publishing Co. v. Patten invites us to look back on its author’s long career and to consider his contributions to American…

50 Ariz. St. L.J. 687 (2018). Amy Adler. This Article explores a little-known chapter in the cultural history of The Masses, the radical, iconoclastic, and artistically cutting-edge publication that was the subject of Learned Hand’s landmark First Amendment decision in…

50 Ariz. St. L.J. 927 (2018). James Weinstein. On July 24, 1917, Learned Hand, then a young judge on the United States District Court for the Southern District of New York, enjoined the New York City Postmaster from refusing to…

50 Arz. St. L.J. 803 (2018). Thomas Healy. In a letter to Justice Oliver Wendell Holmes in the spring of 1919, Learned Hand described his decision in Masses Publishing Co. v. Patten as “my little toy ship which set out quite…

50 Ariz. St. L.J. 717 (2018). Vincent Blasi. I say “other” because, regarding the freedom of speech, Learned Hand has suffered the not uncommon fate of having his best ideas either drowned out or credited exclusively to others due to…

50 Ariz. St. L.J. 919 (2018). Geoffrey R. Stone. In the spring offensives of 1915, England and France lost 240,000 men and Germany 140,000, with no net change in position. The following summer, the British suffered 60,000 casualties on a…