Monthly Archives: November 2005

In North Valley, the Arizona Supreme Court resolved the question regarding the scope of Arizona Revised Statute section 12-1517 by holding that its arbitration agreement exclusions applied to all employees,…

The Arizona Supreme Court, in holding unconstitutional the random drug testing of city firefighters, placed great weight on two main factors. First, the court emphasized the lack of evidence concerning…

This paper presents the current land regime and nature of economic development found on most Native American reservations, drawing predominantly from the Navajo Nation. It then considers the situation according…

Current U.S. citizenship-by-descent law produces many anomalies. A foreign-born child raised by his American father may not be a citizen, while any child conceived from an American egg donor likely…

This Article suggests an alternative to Siebert's "bad faith" test. If the police bad faith test is abandoned, Seibert's ban on unwarned pre-interrogation questioning could help transform Miranda into a…

The no-citation rule for unpublished appellate decisions may invite violation, subterfuge, and, occasionally, outright defiance. This Article explores the problem of the cookies “locked” in the jar and proposes a…

This Note argues that assumptions based on tenuous, non-violent group affiliations should not serve as the sole basis for transfer to Supermaxes. This Note proposes that DOCs should use Supermaxes…

This Note urges Corporate America to remedy the executive compensation on its own---to “heal thyself.” The Note argues that increased governmental regulation is not the answer, nor is repealing the…

This Note explores the recent developments in genetic research and its applicability to criminal law. While the use of behavioral genetics raises numerous ethical and constitutional considerations, the potential usefulness…

This Note discusses the political and constitutional ramifications of permitting States to employ different voting machines within intra-state electoral districts.

This Note examines the history of the general aviation industry leading up to passage of General Aviation Revitalization Act of 1994 (GARA). It analyzes GARA’s operation and exceptions, the rationale…

The Sarbanes-Oxley Act provides that, in a litigated proceeding brought by the SEC or in a cease-and-desist proceeding before the SEC, a securities law violator who is found to be…

This Article critically examines the goal of minimizing transaction costs, including the costs of legal decision-making. This goal has profoundly influenced legal scholarship and both public and private law. We…

Justice Clarence Thomas is known for his strong opposition to affirmative action. This Article analyzes Justice Thomas’s appointment to the Supreme Court and contends that his nomination to and performance…