Category: Print

By Stuart L. Somach. Section 301(b) of the Colorado River Basin Project Act subordinates post-1968 Arizona entitlements, including the Central Arizona Project, during Lower Basin shortages. This Article argues that the provision violates constitutional limits on Congress’s authority under the equal sovereignty doctrine…

By Scott A. Miltenberger, Ph.D. Building on prior scholarship, “We Must Judge the Future by the Past” explores the impact and historical significance of the 1931–40 dry period for the Colorado River Basin. It places this decadal drought in context and…

By Rhett B. Larson. The United States of America has a “national obligation” to its southern and downstream neighbor, Mexico, to share the Colorado River. This obligation was created by the 1944 Rivers Treaty and incorporated into domestic law in the…

By Elizabeth S. Kness. In May of 2024, the Bureau of Land Management promulgated a rule that prioritized restoring natural resources on public lands and placed conservation on par with land uses like mining and grazing. The rule and lawsuit challenging…

By Hannah Bernier. Arizona is at the crossroads of rapid population growth and increased uncertainty about future water supplies. Land use planning and water management are essential tools to balance housing availability and affordability with the resource limitations of living in…

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…