The faculty members of Arizona Law are among the most influential legal scholars in the world. Our faculty routinely produce powerful and provocative scholarship, from shaping legal debate on water policy and ethics, to conducting research that identifies and solves important real-world challenges like jury bias and internet censorship.
(Implicit) Consent to Intimacy, 50 Ind. L. Rev. 907 (2017) (co-author, with John K. Hilton & Jeffrey N. Younggren).
Louisiana Reentry Court Promotes Seamless Transition between Sentencing, Incarceration and Post Release Services – Some Potential Exportable Elements, Arizona Legal Studies Discussion Paper No. 17-06 (2017) (co-author, with William Knight & Caroline Cooper).
Backwards and Forwards, in FAN 156 (First Amendment News) Special Post: The Espionage Act at the 100 Year Mark: Commentaries by Bambauer, Cherminsky, Stone & Vladeck, Concurring Opinions (June 15, 2017), https://concurringopinions.com/archives/2017/06/fan-156-first-amendment-news-special-post-the-espionage-act-at-the-100-year-mark-commentaries-by-bambauer-chemerinsky-stone-vladeck.html.
Opinion, Product-Defining Speech, Washington Post (Aug. 29, 2017), https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/08/29/product-defining-speech/?utm_term=.ee1468786787
How Much is Your Injury Worth? First Tell Me Your Race and Gender, JOTWELL (July 6, 2017), http://torts.jotwell.com/how-much-is-your-injury-worth-first-tell-me-you... (reviewing Ronen Avraham & Kimberly Yuracko, Torts and Discrimination, Law and Economic Research Paper No. E570 (2017), available at SSRN).
Where Angels Play: Five YEars Since the Newtown School Massacre, Huffington Post (Dec. 13, 2017), https://www.huffingtonpost.com/entry/where-angels-play-five-years-since-the-newtown-school_us_5a312662e4b0b73dde46a8dc.
Flynn Takes the Fifth: Just How Far Can the Law Be Stretched, Huffington Post (May 23, 2017), https://www.huffingtonpost.com/entry/flynn-takes-the-fifth-just-how-far-can-the-law-be_us_5924b765e4b09c5b6bf92cc9.
On Passover We Are All Refugees, Huffington Post (Apr. 10, 2017), https://www.huffingtonpost.com/entry/on-passover-we-are-all-refugees_us_58ebe0eae4b0ea028d568bdb/
What Grade Does The U.S. Deserve On Human Rights And Religious Freedom?, Huffington Post (Mar. 18, 2017), https://www.huffingtonpost.com/entry/grading-nations-on-human-rights-and-religious-freedom_us_58cd2b9de4b0e0d348b3439d.
The Race to Execute a Racist, Huffington Post (Feb. 3, 2017), https://www.huffingtonpost.com/entry/the-race-to-execute-a-racist_us_5894cacfe4b02bbb1816b9e9.
Opinion, Technology is Cropping Up in Our Lettuce Fields, High Country News (Mar. 30, 2017), http://www.hcn.org/articles/a-smarter-way-to-farm-in-yuma-arizona (co-author, with Simon Stanley).
Challenges to Nestle's Bottled Water Strategy, Huffington Post (Sept. 20, 2017), http://www.huffingtonpost.com/entry/59c2dec0e4b0c87def88350a.
The Misguided Article V Convention, Balkinization (Mar. 30, 2017), https://balkin.blogspot.com/2017/03/the-misguided-article-v-convention.html.
Opinion, Bigotry, Politics Behind States' DACA Challenge, Austin American-Statesman (Sept. 5, 2017), http://www.mystatesman.com/news/opinion/commentary-bigotry-politics-behind-states-daca-challenge/eHVrE3whBojT8L2D56ZVOM/.
Opinion, It's Time to Rethink the Law School Entrance Exam Monopoly, The Hill (Oct. 25, 2017), http://thehill.com/opinion/education/357098-its-time-to-rethink-the-law-school-entrance-exam-monopoly (co-author, with Christopher Robertson).
Demeaning Mexico Is Not In America's Interest, Huffington Post (Feb. 5, 2017), http://www.huffingtonpost.com/entry/demeaning-mexico-is-not-in-americas-interest_us_58979fa8e4b061551b3e0047 (co-author, with Gregory Shaffer).
Women on the Run, 27 Ms., Summer 2017, at 18 (co-author, with Roxana Bacon).
First Opinion, Behavioral Science Suggests that Obamacare May Not Change as Much as Republicans Claim, STAT (Jan. 3, 2017), https://www.statnews.com/2017/01/03/behavioral-science-offers-insights-a... (co-author, with Holly Fernandez Lynch & I. Glenn Cohen).
Opinion, It's Time to Rethink the Law School Entrance Exam Monopoly, The Hill (Oct. 25, 2017), http://thehill.com/opinion/education/357098-its-time-to-rethink-the-law-school-entrance-exam-monopoly (co-author, with Marc L. Miller).
Our Turn: Police Shouldn't Access Your Phone's Data Without a Court Order, azcentral.com (Nov. 24, 2017), https://www.azcentral.com/story/opinion/op-ed/2017/11/24/supreme-court-police-cellphone-data-without-warrant/885476001/ (co-author, with Ian Farrell & Bernard Chao).
Everytrial Criminal Defense Resource Book (2d ed. forthcoming 2016) (co-author, with John Cline).
Hornbook of Torts (2d ed. 2016) (co-author, with Dan B. Dobbs & Paul T. Hayden).
Hornbook of Torts (2d ed. 2016) (co-author, with Ellen M. Bublick & Paul T. Hayden).
Environmental Law: A Conceptual and Pragmatic Approach (3d ed. 2016) (co-author, with David M. Driesen & Robert W. Adler).
Trial and Lawyering Skills in a Nutshell (5th ed. 2016).
Trial Evidence (6th ed. 2016) (co-author, with Warren D. Wolfson).
Nudging Health: Health Law and Behavioral Economics (2016) (co-editor, with I. Glenn Cohen, Holly Fernandez Lynch, & Introduction 3 (co-author, with I. Glenn Cohen & Holly Fernandez Lynch), Cost Sharing as Choice Architecture 146 (co-author, with David V. Yokum) & Introduction to Part VI: Deciding for Patients and Letting Patients Decide for Themselves 259).
Blinding as a Solution to Bias: Strengthening Biomedical Science, Forensic Science, and Law (2016) (co-editor, with Aaron S. Kesselheim & author of Introduction 3 (co-author, with Aaron S. Kesselheim); Why Blinding? And How? A Theory of Blinding and Its Application to Institutional Corruption 25; Money Blinding as a Solution to Biased Design and Conduct of Scientific Research 115 (co-author, with Marc A. Rodwin); Mock Juror and Jury Assessment of Blinded Expert Witnesses 195 (co-author, with Megan S. Wright & David V. Yokum); & Disclosure Discretion and Selection Bias in Blinding of Experts 211)).
Business Organizations: A Transactional Approach (2d ed. 2016).
Legacy of Impunity: Sexual Violence against Armenian Women and Girls during the Genocide, in The Armenian Genocide Legacy 118 (Alexis Demirdjian ed., 2016).
Combining Methods for a New Synthesis in Law and Empirical Research, in 1 The New Legal Realism: Translating Law-and-Society for Today’s Legal Practice 180 (Elizabeth Mertz, Stewart Macaulay, & Thomas W. Mitchell eds., 2016) (co-author, with Elizabeth Mertz).
Environmental Federalism: A View from the United States, in 2 Encyclopedia of Environmental Law: Decision Making in Environmental Law 87 (LeRoy C. Paddock, Robert L. Glicksman, & Nicholas S. Bryner eds., 2016).
Climate Change Federalism, in 1 Elgar Encyclopedia of Environmental Law: Climate Change Law 337 (Daniel A. Farber & Marjan Peeters eds., 2016).
Climate Change Innovation, Products and Services under the GATT/WTO System, in Research Handbook on Intellectual Property and Climate Change 271 (Joshua D. Sarnoff ed., 2016) (co-author, with Padideh Ala'i).
TTIP and the Post-Bali WTO: Towards a New World Trade Order?, in International Economic Law and Governance: Essays in Honour of Mitsuo Matsushita 367 (Julien Chaisse & Tsai-yu Lin eds., 2016) (co-author, with Laura Nielsen).
Assessing the Impact of WTO and Regional Dispute Resolution Mechanisms on the World Trading Systems, in Establishing Judicial Authority in International Economic Law 31 (Johanna Jemielniak, Laura Nielsen, & Henrick Palmer Olsen eds., 2016).
Veterans Treatment Courts, in Servicemember and Veterans Rights 10-1 (Brian Clauss & Stacey Rae Simcos eds., 2016) (co-author, with Jayme Cassidy).
Fighting for Water: The Role of Federal Market Instruments in Addressing Water Issues in the United States, in 18 Critical Issues in Environmental Taxation: Market Instruments and the Protection of Natural Resources 51 (Natalie P. Stoianoff et al. eds., 2016).
Policies and Institutional Strategies for Successful Sexual Violence Prosecution, in Prosecuting Conflict-Related Sexual Violence at the ICTY 73 (Serge Brammertz & Michelle Jarvis eds., 2016) (co-author, with Michelle Jarvis).
Blind Appointments in Arbitration, in Blinding as a Solution to Bias: Strengthening Biomedical Science, Forensic Science, and Law 307 (Aaron Kesselheim & Christopher T. Robertson eds., 2016).
Introduction, in Nudging Health: Behavioral Economics and Health Law 3 (co-editor, with I. Glenn Cohen & Holly Fernandez Lynch, 2016) (co-author, with I. Glenn Cohen & Holly Fernandez Lynch).
Staggered Boards: Practice, Theory, and Evidence in Research Handbook on Mergers and Acquisitions 200 (Claire A. Hill & Steven Davidoff Solomon eds., 2016).
Constitution as Dialogue: Legal Pluralism and the American Experience. in Constitutional Recognition of First Peoples in Australia: Theories and Comparative Perspectives 160 (Simon Young, Jennifer Nielsen, & Jeremy Patrick eds., 2016) (co-author, with Jennifer Hendry).
Librarians as Privacy Advocates, 13 I/S: J. L. & Pol'y for Info. Soc. 161 (2016).
Beyond Neutrality: How Zero Rating Can (Sometimes) Advance User Choice, Innovation, and Democratic Participation, 75 Md. L. Rev. 984 (2016).
The Relationships Between Speech and Conduct, 49 UC Davis L. Rev. 1941 (2016).
Secrecy is Dead - Long Live Trade Secrets, 93 Denv. L. Rev. 833 (2016).
Glass Half Empty, 64 UCLA L. Rev. Discourse 434 (2016).
A Rule of Proprietary Right for British India: From Revenue Settlement to Tenant Right in the Age of Classical Legal Thought, 15 Modern Asian Studies 345 (2016).
Judicial Capacity and Executive Power, 102 Va. L. Rev. 765 (2016) (co-author, with Nicholas Bullard).