Category: Print

Scott F. Gibson Arizona courts take a skeptical approach to restrictive covenants— covenants not to compete, antipiracy agreements, and confidential information agreements—and have good reason for doing so. Restrictive covenants are contrary to fundamental principles of free enterprise,1as they place…

Timothy Sandefur The Arizona Constitution says “No person shall be disturbed in his private affairs, or his home invaded, without authority of law.” This language is notably different from that used in the federal Constitution’s Fourth Amendment and analogous provisions…

Lauren Podgorski One of the last healthy flowing rivers in Arizona, the Verde River, contributes substantially to the Verde Valley’s high quality of life. The Verde River supplies fresh drinking water to more than two million people in Maricopa County.…

Jeffrey Locke & Lauren Dedon The United States remains embroiled in a national opioid epidemic. “More than 70,200 Americans died from drug overdoses in 2017, including illicit drugs and prescription opioids—a [two]-fold increase in a decade.” From 1999 to 2016,…

Naomi Cahn, June Carbone & Nancy Levit. We increasingly live our lives in a digital world, buying textbooks, groceries, and travel on internet platforms, offering our own services as drivers or organizers or lawyers in the gig economy, and looking…

Elayne E. Greenberg. This first-of-its-kind paper introduces ethical guidelines and suggested practices for dispute resolution providers and neutrals when third-party funders provide financial backing for parties in U.S. domestic arbitrations and mediations. Sophisticated third-party funders have realized that litigation and…

Paul F. Eckstein, Mikaela Colby. Among the more specific and significant powers in the United States Constitution vested in the President is the power to pardon found in Article II, Section 2, Clause 1, which provides in relevant part that…

Kathryn Boughton. The facts read like a movie plot: a broker with multiple aliases, a corrupt government employee, and a man with a stack of cash meet outside of Washington, D.C.1 They arrange how to funnel hundreds of thousands of…

Hayden Hilliard. More and more often, women are stumbling across their own nude images on various websites, posted without their permission, and without their knowledge. Many women have come forward, sharing their personal stories, finding images taken several years ago,…

Joshua D. Wright, Elyse Dorsey, Jonathan Klick, Jan M. Rybnicek. For antitrust practitioners, scholars, and economists—those who work with antitrust in agencies, courts, or law firms—the development of the antitrust laws over the past half century has been a remarkable…