Category: Past Issues

50 Ariz. St. L.J. 317 (2018). Charles Wilkinson. On December 28, 2016, President Barack Obama proclaimed the Bears Ears National Monument. It is glory country. This classic Southwestern landscape of canyons, mesas, mountains, and redrock formations is every bit the equal…

50 Ariz. St. L.J. 247 (2018). Catherine T. Struve. The Federal Rules of Appellate Procedure turn fifty in 2018. During the rules’ half-century of existence, the number of federal appeals by self-represented, incarcerated litigants has grown dramatically. This article surveys…

50 Ariz. St. L.J. 193 (2018). Michael Selmi. Over the last decade, implicit bias has emerged as the primary explanation for contemporary discrimination. The idea behind the concept of implicit bias, which is closely connected to the well-known Implicit Association Test…

50 Ariz. St. L.J. 401 (2018). Hannah Phalen. In 1807, former Vice President Aaron Burr faced charges of treason. After a month-long trial, the jury deliberated for less than an hour. When they returned, however, they were not content with delivering…

50 Ariz. St. L.J. 179 (2018). Andrew Koppelman. Joshua Kleinfeld argues that American moral understandings are reflected in its system of criminal justice. Far more than Europeans, Americans regard those who have committed crimes as irretrievably defective people whom it is appropriate…

50 Ariz. St. L.J. 141 (2018). Adam J. Kolber. While we have come to expect bullshit from politicians, there is no shortage of judicial bullshit either. After discussing Harry Frankfurt’s famous description of bullshit, I illustrate possible instances of judicial bullshit…

50 Ariz. St. L.J. 365 (2018). Luci Davis. In 2015, Social Security Disability Insurance paid out $143,282 million in cash benefits. Although one might balk at that amount, the average monthly benefit to the roughly nine million eligible recipients was…

50 Ariz. St. L.J. 335 (2018). Guillaume J. Aimé. The First Amendment protection is failing in an important setting of our current society: advertising spaces in public transit systems. The United States courts of appeals are split as to how to…

50 Ariz. St. L.J. 71 (2018). Colleen Chien. On June 8, 1999, the Patent Office (“USPTO”), like it does every Tuesday, published the names and numbers of newly issued patents. Among them was the 6,032,137 (“the ‘137 patent”), a patent that described…

50 Ariz. St. L.J. 3 (2018). David E. Adelman & Robert L. Glicksman. This Article assesses the impact of judicial review on one of the nation’s foundational environmental statutes, the National Environmental Policy Act (“NEPA”). Based on litigation spanning fifteen years, we…