The Incomplete Ecology of Hydraulic Fracturing Governance

50 Ariz. St. L.J. 583 (2018). Gregg P. Macey. Legal scholars respond to novel risks and technologies such as hydraulic fracturing with a wide range of governance claims. Normative claims are rendered as to whether central (federal), devolved (state and local),…
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The Federal Rules of Inmate Appeals

50 Ariz. St. L.J. 247 (2018). Catherine T. Struve. The Federal Rules of Appellate Procedure turn fifty in 2018. During the rules’ half-century of existence, the number of federal appeals by self-represented, incarcerated litigants has grown dramatically. This article surveys…
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The Paradox of Implicit Bias and a Plea for a New Narrative

50 Ariz. St. L.J. 193 (2018). Michael Selmi. Over the last decade, implicit bias has emerged as the primary explanation for contemporary discrimination. The idea behind the concept of implicit bias, which is closely connected to the well-known Implicit Association Test…
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American Evil: A Response to Kleinfeld on Punishment

50 Ariz. St. L.J. 179 (2018). Andrew Koppelman. Joshua Kleinfeld argues that American moral understandings are reflected in its system of criminal justice. Far more than Europeans, Americans regard those who have committed crimes as irretrievably defective people whom it is appropriate…
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Supreme Judicial Bullshit

50 Ariz. St. L.J. 141 (2018). Adam J. Kolber. While we have come to expect bullshit from politicians, there is no shortage of judicial bullshit either. After discussing Harry Frankfurt’s famous description of bullshit, I illustrate possible instances of judicial bullshit…
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