Category: Volume 57 (2025) Issue 1 (Spring)

By Adam Chodorow. This Article examines Arizona’s jurisprudence interpreting the state constitution’s anti-diversion provision, which requires that revenues raised from road users be spent on the roads. It argues that the courts adopted a cramped, technical interpretation that severs the provision…

By Tyler Mebane.  In 2023, the Supreme Court decided Arizona v. Navajo Nation. In a 5–4 decision, the Court ruled against the Navajo Nation, holding that while their reservation does have an implied water right under U.S. v. Winters, the…

By Michal Buchhandler-Raphael. Is police involvement always necessary in domestic incidents? Michal Buchhandler-Raphael argues for minimizing police intervention and urges jurisdictions to explore alternative responses to domestic violence. She advocates for integrating civilian responders, where safe and appropriate, either as co-responders…

By Clare K. Remy. Across the United States, state and local law enforcement agencies operate independent—“rogue”—DNA databases that pose significant constitutional concerns under the Fourth Amendment. Unlike the federally regulated Combined DNA Index System, which has strict quality controls and contains…

By Jeannine Bell & Stephen Rushin. The law gives police officers broad authority during traffic stops. Empirical evidence suggests these policies disproportionately harm communities of color. This Article considers how policymakers can more effectively constrain police authority during traffic stops to…

By Margie Alsbrook. The American legal system is facing a credibility crisis that threatens the stability of democracy itself. While much of the scholarly attention on this crisis has focused on political causes, this Article takes a procedural and practical approach…

By Richard Lorren Jolly. The United States is in a period of partisan hyperpolarization with severe and far-reaching implications for the administration of justice. Specifically, Americans are suspicious that jurors are not basing their verdicts on sound application of fact and…

By David A. Simon. In this Article, Professor Simon proposes a thought experiment to evaluate proposals to lower drug approval standards: extend the system of off-label reimbursement across all drug regulation. Using this approach, he identifies significant costs and benefits to…