Arizona State Law Journal

The explosion of renewable energy technology is driving demand for critical minerals. This transition could solve an important long-term sustainability goal: stopping greenhouse gas emissions. On the other hand, it also means mining an enormous amount of metal—an industry with a long history of unsustainable environmental damage. Can these two competing interests be balanced? Robert Curl argues that we can take a substantial step toward achieving balance through a thoughtful update to 150-year-old federal mining law. Read more from our Summer 2024 Issue here:

In the debate on philosophies of constitutional interpretation, critics of originalism have marshaled the arguments of Austrian philosopher Ludwig Wittgenstein, who argued that language only “means” anything insofar as it has a use. But have we misunderstood Wittgenstein’s philosophy? Aidan Wright distinguishes the purposes of legal language and other forms of communication, arguing for an unlikely fusion between originalism and Wittgenstein to form one consistent constitutional language game. Read more from our Summer 2024 Issue here:

How should we regulate artificial intelligence? Yonathan Arbel, Matthew Tokson, & Al Lin assess the broader risks of AI and the law’s role in addressing them, provide a theoretical foundation for systemic regulation of AI, and outline important principles for AI regulation in both domestic and international law. Read more from our Summer 2024 Issue here: 

Does Arizona law provide spouses who own community property with the right of survivorship--particularly in real estate--adequate creditor protection? Chase Duncan explores the ambiguity of A.R.S. § 14-6102, which does not explicitly guarantee that a couple's real estate will stay out of probate and away from estate creditors. Read more here: https://lnkd.in/gnGYuYM2 Chase is a second-year law student at ASU originally from Spring Grove, Illinois. Before law school, he studied math and financial engineering at the University of Alabama. Chase is interested in trust law, tax law, and many other areas. In his free time, he enjoys watching all college sports.

Academic economists working in and adjacent to government have tremendous influence in law and policymaking. Should we be concerned about potential conflicts of interest? Kate C. explores the role of academic economists in the federal government and the issues their conflicts of interest create, calls for greater disclosure standards, and puts forth policy recommendations to advance greater transparency. Read more from our Summer 2024 Issue here: 

On Election Day, voters are primarily concerned about which bubbles to fill in—but should they also be worried about what kind of pen they’re using? Ethan Schafer delves into the myth that Sharpies render ballots unreadable and void, a baseless fear that has sparked recent lawsuits. In reality, felt-tipped pens like Sharpies are the most reliable choice for in-person voting, ensuring efficient and accurate ballot processing. Read more here: https://lnkd.in/gKJFwpZ7 Ethan Schafer is a 2L originally from Mid-Michigan. He attended Grand Valley State University where he earned a degree in Political Science. After law school, Ethan wants to be an appellate lawyer, but he is also interested in election law and employment law. In his free time, he enjoys listening to music and playing volleyball.

Are federal courts using executive power—not judicial—when reviewing agency actions? Adam Crews challenges the premise that judicial review of agency action is subject to Article III constraints, suggests that courts can (and do) use executive power when reviewing some agency action, and explores how this novel conception of judicial review of agency action advances legal stability and agency accountability. Read more from our Summer 2024 Issue here:

How does Arizona’s new “Tamale Bill” balance economic opportunity for home-based food vendors with public health concerns? Gabriella Curatola discusses the impact of Arizona’s House Bill 2042, which expands cottage food laws to include refrigerated items like tamales and meat products, enabling small vendors to grow their businesses. She examines how the restrictions outlined in H.B. 2024 aim to address public health and safety concerns while preventing exploitation of the bill by large corporate kitchens. Read more here: https://lnkd.in/eq6vniNH Gabriella is currently a rising 2L at Arizona State University's Sandra Day O'Connor College of Law and is expected to graduate with a JD in May of 2026. She has an interest in Civil Rights and Food Law. She is passionate about giving back to the community through pro bono work and enjoys helping others. In her free time she likes to bake and travel to new places.

While the climate crisis continues to upend life on Earth, corporate leaders are engaging in private environmental governance by voluntarily reducing their emissions—but does private power come at the expense of democracy? Josh Galperin offers a fresh perspective on private environmental governance, calling for a comprehensive reevaluation of private environmental governance’s role within the democratic ecosystem, emphasizing the importance of democratic practices to achieve effective and equitable environmental protection. Read more from our Summer 2024 Issue here: 

How does the Senate's approach to judicial confirmations shift during a lame-duck session, and what implications does this hold for the federal judiciary? Professor Carl Tobias discusses the strategic importance of Senate confirmations for lower-court judges during lame-duck sessions, examining both the motivations and challenges involved in filling judicial seats amid political transitions. Read more here: https://lnkd.in/emDQbte9 Professor Carl Tobias holds the University of Richmond School of Law’s Williams Chair and writes in numerous areas, with a particular emphasis on federal judicial selection. Professor Tobias has authored 160 law review articles and more than 80 essays, commentaries, and other shorter works in law reviews. Professor Tobias is also a frequent commentator in the media and has written several hundred opinion pieces in leading news outlets. He has served as a member of the District Court Local Rules Review Committee of the Ninth Circuit Chief District Judges Conference and the Civil Justice Reform Act Advisory Group for the U.S. District Court for the District of Montana.