Category: Past Issues

Susan D. Franck. International arbitration is a lynchpin of international economic activity. Yet concerns linger about the integrity of international arbitration and recent critiques cast doubt on whether it properly provides rule of law adjudication or whether arbitrators engage in…

Robert T. Anderson. This essay tells the story of the struggle by upper Ahtna people to protect their way of life and their access to a traditional fishery in modern Alaska. Because of the perseverance of Katie John, Doris Charles,…

Hillel J. Bavli. Factual causation is the element of a legal claim that requires a plaintiff to link the defendant’s conduct to the plaintiff’s injury—to show that the former did not merely coincide with the latter but rather produced it.…

David Gartner In 2018, voters in five different states passed successful initiatives that made it harder for politicians to choose their own districts and easier for independent voices to shape the redistricting process. This unprecedented transformation in the redistricting process…

Angelika Orletsky Doebler In January 2015, Arizona Governor Doug Ducey implemented the Classrooms First Initiative with the aims “to modernize school finance code, ensuring adequate funding is made available for teachers and classroom instruction.” Recognizing that comprehensive finance reform had…

John Copeland Nagle February 26, 2019, was the one hundredth anniversary of Grand Canyon National Park. The Congress that established the park reported that “[t]he Grand Canyon has long been recognized as one of the greatest scenic regions of the…

Karen Bradshaw In the windowless conference room of a drab building, roughly thirty people were waiting for a meeting to start. Several men sat in a tight bunch at a far end of the table, all wearing short-sleeve button down…

Shawn E. Fields On August 8, 2015, the Arizona newspaper Arizona Republic ran a story with the following headline: Celebration or Concern? We’re No. 1 for Guns. The story reported that, “[f]or the third straight year, Arizona was ranked [the]…

Madeline Mayer High court decisions often result in unintended consequences, many of which courts either never contemplated or failed to fully appreciate. This Comment highlights some of the unintended consequences of the Arizona Supreme Court decision State v. Sisco and…

Scott F. Gibson Arizona courts take a skeptical approach to restrictive covenants— covenants not to compete, antipiracy agreements, and confidential information agreements—and have good reason for doing so. Restrictive covenants are contrary to fundamental principles of free enterprise,1as they place…