Volume 51 (2019) Issue 3 (Fall) – Arizona State Law Journal

Trademark Licensing: A Once Concerning Mechanism for Transfer Faces New Certainty Under Mission Product Holdings, Inc. v. Tempnology, LLC

Nov 27, 2019

Hilary Weaver. Long-term trademark licensing agreements are inherently risky transactions for licensees. Consider the risks facing a hypothetical business owner who licenses rights in the trademark of an up-and-coming business under a long-term, exclusive licensing agreement. If the licensed trademark…

Burnt Lands, Dry Lakes, and Empty Pockets: Emergency Water Takings and Wildfires

Nov 27, 2019

Alexander Ronchetti. After weeks of endless meetings and memos, Doc finally arrived at his family’s upstate farm for some rest and relaxation. After settling in, he grabbed a chair and walked down the path to the lake where his family…

In the Field or in the Courtroom: Redefining the APA’s Military Authority Exception in the Age of Modern Warfare

Nov 27, 2019

James D. Cromley. Journalism can be a dangerous business. In 2017 alone, forty-eight journalists were killed worldwide. When the news of Washington Post reporter Jamal Khashoggi’s death at the hands of Saudi officials broke, American congressional leaders were quick to…

Land Development: A Super-Wicked Environmental Problem

Nov 27, 2019

Blake Hudson. Hurricane Harvey dropped fifty-two inches of rainfall in the Houston, Texas area over only a few days in the summer of 2017 (the average annual rainfall in Houston is forty-five inches ). This was a record for any…

Professionally Responsible Artificial Intelligence

Nov 27, 2019

Michael Hatfield. A young mother visited her obstetrician, hoping for help losing weight. Her doctor turned to a computer program to determine what should be prescribed. The prescription killed the mother. Is this a case of professional irresponsibility? Or is…

Fighting Overcharged Bills from Predatory Hospitals

Nov 27, 2019

Frank Griffin. Hospitals routinely expect patients to pay different prices for the same services and often ask the most vulnerable patients to pay ten to twenty-five times as much as the hospital routinely accepts as payment in full. For a…

International Arbitration and Attorney-Client Privilege—A Conflict of Laws Approach

Nov 27, 2019

Susan D. Franck. International arbitration is a lynchpin of international economic activity. Yet concerns linger about the integrity of international arbitration and recent critiques cast doubt on whether it properly provides rule of law adjudication or whether arbitrators engage in…

The Katie John Litigation: A Continuing Search for Alaska Native Fishing Rights After ANCSA

Nov 27, 2019

Robert T. Anderson. This essay tells the story of the struggle by upper Ahtna people to protect their way of life and their access to a traditional fishery in modern Alaska. Because of the perseverance of Katie John, Doris Charles,…

Counterfactual Causation

Nov 24, 2019

Hillel J. Bavli. Factual causation is the element of a legal claim that requires a plaintiff to link the defendant’s conduct to the plaintiff’s injury—to show that the former did not merely coincide with the latter but rather produced it.…