Paul Bender

Paul Bender, professor and Dean Emeritus at the College of Law, was quoted in an article in The Arizona Republic written by Lisa Halverstadt on Sept. 12, titled “Glendale sales-tax vote might not end legal challenges.”

An initiative to reduce Glendale’s sales tax is on the ballot in November, but legal experts disagree on whether it can happen this way, according to Halverstadt’s article.

Glendale City Attorney Craig Tindall said the initiative couldn’t reverse the tax increase.

“Initiatives are prospective only,” Tindall said. “They don't act retroactively, so when they go into effect, they are going into effect in the future.”

Bender disagreed with Tindall, saying an initiative, if properly worded, can repeal a council action and amend the City Charter.

A group called Save Glendale Now started the initiative. The group made it clear to the Arizona Court of Appeals that its intent was to reverse the tax and limit future increases, Bender said.

Bender teaches courses on U.S. and Arizona constitutional law. He has written extensively about constitutional law, intellectual property and Indian law, and is coauthor of the two-volume casebook/treatise, Political and Civil Rights in the United States. He has argued more than 20 cases before the U.S. Supreme Court, and actively participates in constitutional litigation in federal and state courts.