Category: Volume 57 (2025) Issue 3 (Fall)

By Samuel N. Weinstein. In modern antitrust law, courts are required to ask only one question: did the challenged action harm consumers? This Article asks a different question: which consumers? Over the last few decades, the Supreme Court has increasingly required…

By Elenore Wade.Medicare Part D’s compendium restriction on coverage of off-label drugs often prevents enrollees from receiving necessary medications. The restriction serves as a uniquely durable administrative barrier to coverage because, unlike other Medicare coverage issues, it requires patients to…

By Steve Twist & Vanessa A. Kubota. The crime victim’s “right to justice” in the Arizona Victims’ Bill of Rights is more than a lofty ideal—it is a substantive constitutional guarantee that predates its enactment. But what does it mean in…

Garreth W. McCrudden. This Article presents empirical analysis of new data relating to the detention of more than 500,000 child migrants who arrived unaccompanied in the United States between 2015 and 2022. It then develops a novel, data-informed approach for determining…

By Amanda Lombard. In Fadely v. Encompass Health Valley of Sun Rehabilitation Hospital, the Arizona Court of Appeals clarified enterprise liability under the Arizona Adult Protective Services Act (APSA). According to Fadely, APSA enterprise liability applies to any member of the…

By Sarah Kerr. How will the Supreme Court's recent decision in Grants Pass affect Phoenix's treatment of the unhoused? The author argues that Grants Pass will give Phoenix the "green light" to aggressively enforce the city's recently expanded anti-camping ban, which will further the criminalization of…

By Michael P. Goodyear. Increasingly realistic deepfakes pose new threats to preserving human dignity in the technological age. Over a century ago, the right of publicity emerged in response to a similar problem of a likeness-capturing new technology and the ability…

By Aman K. Gebru. The Article introduces a quadrant of cultural appropriation keyed to two factors—the cultural symbol’s level of diffusion and the degree of its commercial use (diffused/non‑commercial; distinct/non‑commercial; diffused/commercial; distinct/commercial) and concluding that legal remedies are largely unworkable in…

Matteo DeVincenzo.  In 2001, the SEC implemented the Names Rule to protect investors by ensuring that mutual funds invest in a manner consistent with their names. In 2023, however, the SEC amended the rule in a way that is unnecessary, unjustified,…

By Matthew P. Cavedon. Based on research into English common law and early American jurisprudence, this article concludes that states ordinarily cannot prosecute actions committed beyond their borders. It explores this rule's consequences for abortion, cybercrime, and election interference cases.Full Article