Category: Past Issues

Lino A. Graglia. Contemporary constitutional scholarship presents the puzzling phenomenon of scholars endlessly writing and debating methods of constitutional interpretation as the central issue to be decided despite the apparent fact that the Constitution plays very little role in the…

Arden Rowell. Do people know the law? On the one hand, it is a brocard, sometimes traced to Aristotle, that nemo censetur legem ignorare: “nobody is thought to be ignorant of the law.” The same intuition underlies the classic maxim…

Alexander B. Lemann. After spending four days dumping an unprecedented quantity of water on the Houston area, Hurricane Harvey finally slid off the coast to the south, leaving the city to begin the gradual process of wringing itself out and…

50 Ariz. St. L.J. 1265 (2018). Lindsey Bulloch. The Americans with Disabilities Act protects individuals with disabilities from discrimination in places of public accommodation, like restaurants or hotels. At the same time, the Fair Housing Act protects buyers and renters…

50 Ariz. St. L.J. 1171 (2018). Allan H. (“Bud”) Selig and Matthew J. Mitten. This article analyzes leading baseball-related judicial decisions, arbitration awards, and federal legislation regarding the Major League Baseball (MLB) commissioner’s “best interests” power, baseball’s antitrust exemption, and…

50 Ariz. St. L.J. 1009 (2018). Brian Galle. Unemployment insurance is almost universally recognized as one of a government’s best tools for fighting recessions, as well as an important source of relief for working-class families suffering temporary hardship. Unfortunately, as…

50 Ariz. St. L.J. 1113 (2018). Peter R. Reilly. Corporate Deferred Prosecution Agreements (DPAs) are contracts negotiated between the federal government and defendants to address allegations of corporate misconduct without going to trial. The agreements are hailed as a model…

50 Ariz. St. L.J. 1067 (2018). Summer Kim. One of the most persistent debates among corporate law scholars has been whether the competition among states for corporate charters produces a race to the top or a race to the bottom.…

50 Ariz. St. L.J. 951 (2018). Kimberly Kessler Ferzan. There are substantial disputes as to what sorts of behavior constitute coercion and thereby undermine consent. This disagreement was on full display during the public fray over Aziz Ansari’s behavior on…

50 Ariz. St. L.J. 791 (2018). Christopher Koester. The GPLET—controversial in both pronunciation and practice—has played a major role in financing some of Arizona’s most prominent commercial developments, including Phoenix’s CityScape and Renaissance Square and the Hayden Ferry Lakeside office…