Sat Mar 28 2015   
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Latest Issue of the Arizona Law Review Now Available

The Fall 2009 issue of the Arizona Law Review (Vol. 51, No 3)has been released. It is a themed issue dedicated to one of the most important topics of our time: The New Regulatory Era. Particularly now, with the debate over healthcare at the epicenter of a media storm, and massive reforms of the failing financial regulatory systems, it is clear that we must think probingly and critically about the motivations behind and mechanisms of government regulation.

The issue begins with The J. Byron McCormick Lecture given last March by George Packer. The lecture was dedicated to a discussion of the “New Liberalism,” a yet-to-be defined era marked largely by the decline of conservative ideology in the realm of government regulation.

In an introduction to the articles, Professor Barak Orbach discusses our shifting regulatory landscape and identifies some of the triggers responsible for this shift, including: the relationship between personal responsibility and regulation, fallacies of the invisible hand model, the utility of regulation in addressing externalities, and concern over the alleged slippery-slope of regulatory action. These factors are interwoven in the issue’s remaining articles. In “Regulatory Trust,” Rebecca Bratspies (CUNY) discusses regulation vis-à-vis the underlying dynamics of trust between society and the acting government body. Herbert Hovenkamp (Iowa) then re-examines the seminal work of Ronald Coase, The Problem of Social Cost, and credits Arthur Cecil Pigou with originally introducing many of the economic concepts underlying Coase’s Theorem. Christine Klein (Florida State) delineates the lessons learned from the national economic crises and argues for their applicability to environmental regulations. And Mario J. Rizzo (NYU) and Douglas Glen Whitman (Cal State Northridge) examine the danger of escalating regulation associated with “new paternalism.”

The issue also includes some wonderful pieces from our own writers, including Notes by 3Ls Christopher Hering and Eric Moores. Chris examines the Fourth Amendment implications of community urinalysis monitoring and argues for state legislatures to take action to address the privacy concerns raised by this new technology. Eric explores the abuses that still exist under the Civil Asset Forfeiture Reform Act and outlines a statutory plan for further reform of the system.

Electronic versions of essays, articles, and notes from the current issue and other recent issues of the Arizona Law Review are available at