Arizona Redistricting History and Litigation

Feb 10, 2022
Roslyn Silver Today, the right to vote in this country and the state of Arizona is a fundamental right of citizenship. The act of voting is one of the most elemental forms of democratic participation. But participation in our democracy…
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Present at the Conception

Feb 10, 2022
Mary Schroeder Title VII of the Federal Civil Rights Act of 1964 was nearly ten years old before Arizona lawyers realized their state law needed to ban sex discrimination in employment. Indeed, major Phoenix law firms were openly refusing to…
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The Arizona Constitution and the Right to Vote

Feb 10, 2022
Andrew D. Hurwitz Recent challenges to Arizona legislation impacting elections have typically invoked the federal Voting Rights Act (“VRA”) of 1965. But a trilogy of Supreme Court decisions has diminished the sweep of that legislation. In Shelby County v. Holder,…
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Arizona’s Duty Framework in Negligence Cases

Feb 10, 2022
Andrew W. Gould & Erica Leavitt Arizona’s courts, like most courts, have wrestled with the limits of tort liability in negligence cases. Two basic frameworks have been developed to address this issue: duty and causation. Under a duty framework, a…
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Principles of State Constitutional Interpretation

Feb 10, 2022
Clint Bolick State constitutionalism—the practice of state courts deciding cases on independent state constitutional grounds—is a vital yet underdeveloped attribute of American federalism. Our system of dual sovereignty ensures the capacity of state courts to interpret their own constitutions to…
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Decarceration and Default Mental States

Jan 20, 2022
Benjamin Levin On June 14, 2013, the House Judiciary Committee’s Overcriminalization Task Force convened a hearing on “Defining the Problem and Scope of Over-Criminalization and Over-Federalization.”1 The hearing featured testimony from four witnesses: George J. Terwilliger, III, a white-collar defense…
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