Monthly Archives: December 2005

Justice Bales's remarks from the September 16, 2005, investiture ceremony at Phoenix College, where he was sworn into office as the 40th Justice to serve on the Arizona Supreme Court.

In recent decades, the law has recognized the injustice and inefficiency perpetrated as a result of the traditional doctrine of caveat emptor, and has come to enforce limited duties to…

Corporate crime imposes costly externalities upon our economy and has harmed investor confidence leading to an unnecessarily high cost of capital. Management that tolerates and even fosters a criminal culture…

This Note explores the current limits of diversity jurisdiction and advocates broader inclusion of stateless parties in federal courts. Alienage jurisdiction should apply to all people not specifically addressed by…

This Note explores the differing views on which sources of authority can be used to show “clearly established law” and their effects on constitutional tort litigants. The Note describes the…

The Arizona Supreme Court held that the Arizona State Democratic Party did not violate Arizona Revised Statutes section 16-919 by accepting approximately $100,000 from corporations and labor unions. While the…

In State v. Martinez, the Arizona Supreme Court considered Arizona’s sentencing structure. The court responded to recent U.S. Supreme Court Sixth Amendment cases which held that any aggravating fact that…

The Arizona Supreme Court confronted the question of whether this constitutional provision applies to express contractual waivers of liability. In a rare 3-2 vote, the court held the broad language…

The use of business documents to prove antitrust violations in court is quite problematic. This article identifies three classes of business documents that are used by courts and antitrust agencies…

Non-DNA cases are difficult for defendants to overturn given the subjectivity involved in assessing most forms of new evidence and the absence of a method to prove innocence to a…

Third parties have historically been faced with the presumption that parents should have a preference in custody proceedings. Earlier, however, Arizona courts had no problem finding that under appropriate circumstances…

Since the wide-scale use of reclaimed water is a relatively recent development, the ownership and use of effluent are relatively new issues in water law. Therefore, this Note seeks to…

This Note proposes that the standard which should be used in ATS aiding and abetting and conspiracy cases is the Restatement (Second) of Torts, section 876, which is the civil…

In Hampton, the Arizona Supreme Court specifically declined to decide whether a criminal defendant whose conduct is severely egregious may forfeit his right to counsel. Despite having threatened the lives…

In a unanimous decision authored by Justice Hurwitz, the court held that the trial court erred in not dismissing the claim for intentional infliction of emotional distress, and remanded the…