Arizona Law Review

05/07/2023

The Arizona Law Review is excited to announce the publication of our Summer issue! The featured pieces in Volume 65, Issue 2 include the following:

ARTICLES
Green Pills: Making Corporate Climate Commitments Credible
By: John Armour, Luca Enriques, & Thom Wetzer

The Private Attorney General in a Time of Hyper-Polarized Politics
By: Myriam Gilles

Thinly Rooted: Dobbs, Tradition, and Reproductive Justice
By: Darren Lenard Hutchinson

What Makes Evidence Sufficient?
By: Michael S. Pardo

STUDENT NOTES
Water Run Aground: Mississippi v. Tennessee, Interstate Groundwater Conflict, and the West
By: Thomas V. Corrigan

Immigration Detention is Never “Presumptively Reasonable”: Strengthening Protections for Immigrants with Final Removal Orders
By: Elizabeth Hannah

View the full issue at: https://arizonalawreview.org/issues/65-2/

Green Pills: Making Corporate Climate Commitments Credible 65 Ariz. L. Rev. 285 (2023) John Armour, Luca Enriques, & Thom Wetzer Article View PDF Many of the world’s largest firms are now announcing plans to reduce their carbon emissions over the coming decades. Against the backdrop of lackadaisic...

03/02/2023

The Arizona Law Review is excited to announce the publication of our Spring issue. The featured pieces in Volume 65, Issue 1 include the following:



ARTICLES

Designing Effective Border Carbon Adjustment Mechanisms: Aligning the Global Trade and Climate Change Regimes

By Goran Dominioni & Daniel C. Esty


Is Silence Golden?
By Tracey Maclin

Crimmigration and the Legitimacy Of Immigration Law
By Juliet P. Stumpf

The First Amendment and the Second S*x
By Cristina Carmody Tilley



STUDENT NOTES

One Small Step and a Giant Leap: Comparing Washington, D.C.’s Rule 5.4 with Arizona’s Rule 5.4 Abolition

By Robert Saavedra Teuton



Delivering Fairness: The Need for an Antitrust Standard that Considers Labor Market Consolidation in the Gig Economy

By Vinny Venkat



View the full issue at: https://arizonalawreview.org/issues/65-1/

Designing Effective Border Carbon Adjustment Mechanisms: Aligning the Global Trade and Climate Change Regimes 65 Ariz. L. Rev. 1 (2023) Goran Dominioni & Daniel C. Esty Article View PDF Policy work in both the United States and the European Union (“EU”) is underway on how best to structure borde...

11/28/2022

The Arizona Law Review is pleased to announce the publication of issue number 64:4. The featured pieces include the following:

ARTICLES

Safety as Privacy
By A. Michael Froomkin, Phillip J. Arencibia, and P. Zak Colangelo-Trenner

Approaching Equilibrium in Free Exercise of Religion Cases? Empirical Evidence From the Federal Courts
By Michael Heise & Gregory C. Sisk

Equitable, Sustainable, and Just: A Transition Framework
By Elizabeth J. Kennedy

Hyper-Presidential Administration: Executive Policymaking in Latin America
By Susan Rose-Ackerman & Edgar Andrés Melgar

NOTES

A Case for Community-Based Alternatives to Immigration Detention
By Isaí Estévez

What’s in a Voice? The Legal Implications of Voice Cloning
By Bryn Wells-Edwards

View the full issue at: https://arizonalawreview.org/issues/64-4/

Safety as Privacy 64 Ariz. L. Rev. 921 (2022) A. Michael Froomkin, Phillip J. Arencibia, & P. Zak Colangelo-Trenner Article View PDF New technologies, such as internet-connected home devices we have come to call the Internet of Things (IoT), connected cars, sensors, drones, internet-connected medica...

11/10/2022

Interested in learning about Arizona Law Review? Follow along tomorrow and Friday as Kyran Brown and Emily Brodner take over the University of Arizona Law Instagram!

https://instagram.com/uarizonalaw?igshid=YmMyMTA2M2Y=

11/09/2022

The editors of Arizona Law Review are pleased to announce the publication of issue number 64:3. The featured pieces include the following:

ARTICLES
Race to Property: Racial Distortions of Property Law, 1634 to Today
by Bethany R. Berger

Estimating the Earnings Loss Associated with a Criminal Record and Suspended Driver’s License
by Colleen Chien, Alexandra George, Srihari Shekhar, & Robert Apel

New Originalism: Arizona’s Founding Progressives on Extreme Punishment
by John Mills & Aliya Sternstein

The Perils of Supreme Court Intervention in Previously Technical Immigration Cases
by Nancy Morawetz

Hobbes & Hanging: Personal Jurisdiction v. Choice of Law
by Joseph William Singer

NOTES
The Constitution, Coronavirus, and Care: How the ACA Trilogy and the COVID-19 Pandemic Created New Bases for Medicare-for-All
by Rose Meltzer

Breaking the Monopsony Mirror: Evaluating the Collateral Market Procompetitive Justification in the Context of NCAA v. Alston
by Austin Quick

View the full issue on our website!

Race to Property: Racial Distortions of Property Law, 1634 to Today 64 Ariz. L. Rev. 619 (2022) Bethany R. Berger Article View PDF Race shaped property law for everyone in the United States, and we are all the poorer for it. This transformation began in the colonial era, when demands for Indian land...

11/09/2022

Meet the 2022–2023 Arizona Law Review!

09/03/2022

The editors of the Arizona Law Review, immediately before handing over this page to the new Online Manager, are pleased to somewhat belatedly announce the publication of issue number 64:2 earlier this summer. The featured pieces include the following:

ARTICLES
First Amendment Contradictions and Pathologies in Discourse
Erica Goldberg

Trademark Law and Consumer Constraints
Laura A. Heymann

President Biden's Executive Order on Competition: An Antitrust Analysis
Herbert Hovencamp

Don't Forget the "G" in ESG: The SEC and Corporate Governance Disclosure
Jennifer O'Hare

Sheriffs, State Troopers, and the Spillover Effects of Immigration Policing
Huyen Pham & Pham Hoang Van

Habeas, History, and Hermeneutics
Jonathan R. Siegel

NOTES
In a Class of Its Own: A Statutory Solution for the Gendered Sentencing Disparity in Teacher-Student S*xual Assault
Garrett Hable

How Far We Have Not Come: An Empirical Comparison of Federal and State Mental Health Legislation
Martyna Sawicka

The full issue can be viewed at:

First Amendment Contradictions and Pathologies in Discourse 64 Ariz. L. Rev. 307 (2022) Erica Goldberg Article View PDF A robust, principled application of the First Amendment produces contradictions that undermine the very justifications for free speech protections. Strong free speech protections a...

04/28/2022

The editors of Arizona Law Review are pleased to announce the publication of issue number 64:1. The featured pieces include the following:

ARTICLES
The Sub Rosa Rules of Copyright Law
Justin Hughes

Rewiring Corporate Law for an Interconnected World
Luca Enriques & Alessandro Romano

Lawful Work While Undocumented: Business Entity Solutions
Kit Johnson

Recusal in Adminstrative Adjudication
Louis J. Virelli III

NOTES
Self-Restraint or Judicial Disregard: Reviewing the Supreme Court's Answer to the Political Question of Partisan Gerrymandering
Mark Ercolano

A New Look at Standing for ERISA Causes of Action in Defined-Benefit Plans
Lauren Lofy

The full issue can be viewed at:

The Sub Rosa Rules of Copyright Fair Use 64 Ariz. L. Rev. 1 (2022) Justin Hughes Article View PDF Codified in 17 U.S.C. § 107, copyright’s “fair use” is one of the best-known and most widely discussed doctrines in intellectual property. Commentators have noted that the § 107 balancing… Rea...

12/06/2021

The editors of Arizona Law Review are pleased to announce the publication of issue number 63:4. The featured pieces include the following:

ARTICLES
Differential Etiology: Inferring Specific Causation in the Law from Group Data in Science
Joseph Sanders, David L. Faigman, Peter B. Imrey, and Philip Dawid

Enslaved Agents: Business Transactions Negotiated by Slaves in the Antebellum South
Elizabeth C. Tippett

The (Potential) Legal History of Indian Gaming
William Wood

ESSAYS
Why Do (Some) Originalists Hate America?
Andrew Koppelman

Sunlight is the Best Disinfectant--Or Is It? Anonymity as a Means to Enhance Impartiality
Eyal Zamir and Christoph Engel

NOTES
How to Protect the San Pedro Riparian National Conservation Area? Time to Assert a Claim in Federal Court
Darya Anderson

Avoiding No-Poach Liability: Making Reasonable Choices to Qualify for the Rule of Reason
Mitchell Anderson

The full issue can be viewed at:

Differential Etiology: Inferring Specific Causation in the Law from Group Data in Science 63 Ariz. L. Rev. 851 (2021) Joseph Sanders, David L. Faigman, Peter B. Imrey, and Philip Dawid Article View PDF In every toxic-tort case, the plaintiff must prove that the defendant exposed the plaintiff to som...

10/21/2021

In 2018, Arizona Law Review published "An Empirical Study of Admissions in SEC Settlements," by Verity Winship and Jennifer K. Robbennolt. This article considers the SEC's practice, adopted in 2013, of requiring some parties to admit to wrongdoing before they can settle with the SEC.

Winship and Robbennolt analyze the effects of this policy and attempt to discern whether the law made it easier to hold wrongdoers accountable. It's a good example of using data to answer questions about the efficacy of a law, and you can read it here:

https://arizonalawreview.org/an-empirical-study-of-admissions-in-sec-settlements/

This article not only proposes an interesting question and finds a novel way of answering it, but also turns out to be prescient! After easing admission-of-guilt requirements for offenders in 2017 (wonder what happened then?), the SEC has recently decided to reinstate the policy.

Law 360, in its article on this move, quoted Winship and Robbennolt's paper when describing the effects we could see as a result of this policy change. It's always gratifying to see the work scholars have published with us having an influence in the real world! Lexis subscribers can access the Law 360 article here:

https://www.law360.com/banking/articles/1430619/sec-s-top-enforcer-says-admissions-are-back-on-the-menu

The U.S. Securities and Exchange Commission's top enforcement officials signaled Wednesday that the agency will be pivoting back toward the practice of requiring defendants to admit wrongdoing in certain enforcement action settlements.

10/01/2021

The editors of Arizona Law Review are pleased to announce the publication of issue number 63:3. The featured pieces include the following:

ARTICLES
Limiting the Pardon Power
Albert W. Alschuler

State Administrative Review of Local Constraints on Housing Development: Improving the California Model
Christopher S. Elmendorf, Eric Biber, Paavo Monkkonen, & Moira O'Neill

Ashes to Ashes: A Way Home for Climate Change Survivors
Kenneth S. Klein

Animal Rights and the Victimhood Trap
Justin Marceau

NOTES
The Right to Travel During the COVID-19 Pandemic
Zachary Jarvis

Reconstructing Claim Construction: How the Court of Appeals for the Federal Circuit Dismantled Functional Claiming, and How to Bring it Back
James Rollins

The full issue can be viewed at:

Although our government is said to be one of checks and balances, the president’s power “to grant Reprieves and Pardons for Offenses against the United States” appears to be unlimited. In granting this power, the Framers deliberately cast structural safeguards aside. Nevertheless, the presiden...

04/29/2021

The editors of Arizona Law Review are pleased to announce the publication of issue number 63:2. The featured pieces include the following:

ARTICLES
Keeping It All in the Ground?
Eric Biber and Jordan Diamond

Anti-LGBT Free Speech and Group Subordination
Luke A. Boso

Toward Tribal Regulatory Sovereignty in the Wake of the COVID-19 Pandemic
Katherine Florey

The DIY Unitary Executive
Richard W. Murphy

NOTES
Nautical Nonsense—A Sustainable and Equitable Solution to Allocate Arctic Resources
Neil Berglund

The Condemnation of Scopophilia: How the Federal Sentencing Guidelines Perpetuate Rather Than Discourage Child Po*******hy
Christina Billhartz

The full issue can be viewed at:

Federal public lands are a major source for fossil fuel extraction in the United States—extraction that contributes to greenhouse gas emissions. Extraction occurs through the leasing of federal lands to private companies for development. Activists have called for ending new fossil fuel leasing as ...