Category: Past Issues

50 Ariz. St. L.J. 515 (2018). Steven Ferrey. The Supreme Court recently applied the Supremacy Clause of the Constitution to sustainable energy technology. Three recent decisions of the Supreme Court, as well as subsequent decisions of the federal circuit courts and a…

50 Ariz. St. L.J. 1 (2018). “This law school, its faculty, and its students have, from the beginning, had a sense of mission. It is simply not good enough to do the old tasks well.” – Willard H. Pedrick, Founding…

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…