The Paradox of Implicit Bias and a Plea for a New Narrative

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…
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American Evil: A Response to Kleinfeld on Punishment

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…
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Supreme Judicial Bullshit

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…
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Comparative Patent Quality

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…
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Presidential and Judicial Politics in Environmental Litigation

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…
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Enemy Construction and the Press

49 Ariz. St. L.J. 1301 (2017). RonNell Andersen Jones & Lisa Grow Sun. When the President of the United States declared recently that the press is “the enemy,” it set off a firestorm of criticism from defenders of the institutional media and…
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