Past Issues – Page 26 – Arizona State Law Journal

Liberal Internationalism and the Populist Backlash

Sep 02, 2017

Eric A. Posner. A populist backlash around the world has targeted international law and legal institutions. Populists see international law as a device used by global elites to dominate policymaking and benefit themselves at the expense of the common people.…

A (Qualified) Defense of Secret Agreements

Sep 02, 2017

Ashley S. Deeks. This article sets out to describe and defend—with certain qualifications—the use of secret commitments in contemporary practice, with a focus on those to which the United States is a party. Secret commitments should not always be viewed…

The Role of the International Court of Justice in Addressing Climate Change: Some Preliminary Reflections

Sep 02, 2017

Daniel Bodansky. Since the emergence of the international climate change regime in the early 1990s, frustration with the slow pace of the negotiations has bubbled over from time to time in proposals to address climate change through international adjudication.1 I…

Prizeless Wars, Invisible Victories: The Modern Goals of Armed Conflict

Sep 02, 2017

Gabriella Blum. By restricting the permissible justifications for war and excluding all tangible benefits from the permissible goals of war, replacing both with an amorphous, however seemingly narrow interest in “defense,” those clear yardsticks have been lost. As a result,…

Free to Do No Harm: Conscience Protections for Healthcare Professionals

Jul 29, 2017

Kevin H. Theriot & Ken Connelly. The right to conscience of medical practitioners and related healthcare professionals has come under increasing attack in recent years. Examples abound of individuals and institutions being compelled to act against their will and their beliefs.…

No One Knew What to Expect: Breaking the Phoenix Gender Barrier in 1969

Jul 29, 2017

The Honorable Mary M. Schroeder. 1968 was not a good year for the world, for the United States, or for my husband, Milt, and me. The Vietnam War and public reactions to it were going so badly that in March,…

Safeguarding the Right to Try

Jul 29, 2017

Christina Sandefur. When Jenn McNary’s son Austin was three and her son Max was just a newborn, both boys were diagnosed with Duchenne’s Muscular Dystrophy— an incurable, fatal, degenerative muscle disorder. By the time Jenn learned of a promising treatment…

An End to Preemptively Limiting the Scope of a Manufacturer’s Duty: Why the Arizona Court of Appeals Was Right in Striking Down the Learned Intermediary Doctrine

Jul 29, 2017

Matt O'Connor. On January 29, 2015, the Arizona Court of Appeals rejected one of the most contentious tort doctrines in modern U.S. history. Amanda Watts began taking the drug Solodyn for acne treatment when she was a minor, as prescribed…

Unclouding Arizona’s Water Future

Jul 29, 2017

Rhett Larson & Brian Payne. A cloud hangs over the future of Arizona’s water. The cloud has hung low and heavy for over forty years. The cloud is the ongoing adjudication of water rights in Arizona’s courts, where the priority,…

Pushing for Change: The State of Arizona Should Allow Women Greater Access to Midwifery Care

Jul 29, 2017

Leia Dingott. The evidence in support of homebirths continues to pile up, and yet many states, including Arizona, continue to be influenced by the powerful lobby rather than by the facts and interests of the primary stakeholders, mothers, and babies.…