Monthly Archives: June 2008

Even though formal property rights are the theoretically optimal response to open access problems involving natural and environmental resources, they typically are adopted only after considerable waste has taken place.…

Two types of public infrastructure---roads and property rights---are often thought critical to economic development; this Article compares their impacts on the natural environment.

This Article applies an information-cost theory of property to water law. Because of its fluidity, exclusion is difficult in the case of water and gives way to rule of proper…

During 2002--2004 a voluntary, profit sharing harvesters’ co-operative was allowed to operate in the Chignik Salmon fishery in Alaska. Regulators split the fishery’s total allowable catch between the co-op and…

This Article argues that fisheries policymakers currently face a multifaceted challenge. Wild fish stocks are declining, aquaculture is growing, and there are many possible policy responses to these developments. Drawing…

There has been extensive debate over whether private-sector bioprospecting for pharmaceutical compounds creates significant incentives for biodiversity conservation. We offer a case study of the discovery and commercial development of…

This Article addresses the evolution of the U.S. judge-made rules of secondary liability for copyright infringement, and the possible emergence of an obligation of good faith efforts to avoid infringement.…

For years, amateur guitarists have made their own by-ear transcriptions of copyrighted compositions and posted them on the internet as tablatures. This Note explains that tablatures are not fair use…

In Cundiff v. State Farm Mutual Automobile Insurance Co., the Arizona Supreme Court unanimously held that an insurer may not reduce Underinsured Motorist (“UIM”) coverage by the amount of workers’…

In Webb v. Gittlen, the Arizona Supreme Court unanimously held that claims against insurance agents for professional negligence are assignable to third parties. The decision overturned Premium Cigars International, Ltd.…

Using Arizona as a case study, this Essay examines the history of changes in state judicial-selection rationales, methods, and practices. It outlines Arizona's journey from contested elections to a hybrid…

Although an amendment to the Constitution is effective when ratified by three-fourths of the states, the states in the Union at the time of adoption unanimously ratified the Thirteenth, Fourteenth,…