Monthly Archives: January 2013

The Resilience of Property

Resilience is essential to the ability of property to face transforming social and environmental change. For centuries, property has responded to such change through a dialectical process that identifies emerging…
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The Frankenstein Bill: House Bill 2305 and Direct Democracy

The Arizona Constitution was second in the nation to incorporate direct democracy procedures in its original text. Arizona voters have the constitutionally reserved rights of initiative, referendum, and recall. Traditionally,…
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The Naked Fiduciary

Business law is grounded in the common law of fiduciary duty. Courts and policymakers have been loath to abandon that principle. Yet, particularly in the contractual context of limited liability…
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Making Non-Competes Unenforceable

The law of employee non-competition agreements is a mess. Differing standards, unpredictability, and uncertainty within and between jurisdictions is the norm. This diversity of state law provides an incentive to…
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