Arizona State Law Journal Blog

For Cross-Border Shooting Cases, It’s Bivens or Nothing

By Benjamin Shattuck. The Fifth and Ninth Circuits are currently split as to whether victims of cross-border shootings can bring damages claims against the U.S. Border Patrol agents who shot them. In Hernandez v. Mesa, the Fifth Circuit held that the victim did not have a claim under the Fifth Amendment. Conversely, in Rodriguez v. Swartz, the Ninth Circuit held that the victim did have a claim under the Fourth Amendment. The Supreme Court granted certiorari in Hernandez and heard arguments on November 12, 2019. This blog post argues that the Supreme Court would be wise to overrule the Fifth

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Is There a Federal Right to Genetic Privacy?

By Victoria Romine. What is Genetic Genealogy? Ever since the 2018 capture of Joseph DeAngelo, California’s infamous Golden State Killer, genetic genealogy has been used to solve hundreds of unsolved crimes. Law enforcement uses genetic genealogy by submitting DNA from an unsolved crime to a consumer DNA database, such as GEDMatch or Ancestry DNA, to search for a familial match. Once a match is produced, law enforcement can use it to develop family trees of the matching sample, with the ultimate goal of identifying the perpetrator of the unsolved crime. However, despite the benefits of solving cold cases, critics have

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The Power of the Voting Rights Act After Shelby County: DNC v. Hobbs

By Emiley Pagrabs. In Reynolds v. Sims (1964), the Supreme Court stated: “The right to vote freely for the candidate of one’s choice is of the essence of a democratic society, and any restrictions on that right strikes at the heart of representative government.” However, this right historically has not applied equally to all Americans. After years of failed attempts to curb minority disenfranchisement, the Voting Rights Act (the “VRA”) entered into law on August 6, 1965. An innovative solution to historic discrepancies, the VRA curbed racial voter discrimination in two main ways. Through Section Five, Congress created a preclearance

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Kobe Bryant’s Death: An Avoidable Tragedy

By John Oliver. Background Kobe Bryant’s death not only shocked the sports world but also the nation. Kobe was a professional basketball player who entered the National Basketball Association (“NBA”) straight out of high school in 1996. Kobe enjoyed enormous success throughout his twenty-year career, all with the Los Angeles Lakers. Kobe dedicated his life to his craft and the sport of basketball, his commitment to the game and desire to be the greatest led him to proclaim himself as, “The Black Mamba.” Kobe won five NBA championships and was named to eighteen NBA All-Star teams, twelve All-Defensive teams, and

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Infringement Suits: The Latest Trend in Fast Fashion?

By Samantha Orwoll. Fast Fashion Industry Fast fashion brands, such as Forever 21, ZARA, and ASOS, create a nearly constant stream of clothes. The brands promise the latest trends at affordable prices. Rather than create seasonal collections, they produce new offerings weekly and have thousands of styles available for purchase online or in stores at any given time. As a result, the retailers boast billions of dollars in sales. Infringement But the path to financial success has not been without lawsuits. Perhaps designing so many clothes means that eventually a style will look like something that has already been created

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Stare Decisis: A Matter of Life and Death?

By Alanna Ostby. Background On October 16, 2019, the Supreme Court heard oral arguments for Mathena v. Malvo—a case rising out of a string of sniper-style shootings in 2002 that killed twelve individuals and injured six others in the D.C. metropolitan area. One of the culprits, John Allen Muhammed—forty-two years old at the time of the shootings—received the death penalty and was executed in 2009. His seventeen-year-old accomplice, Lee Malvo, received a sentence of life without parole (LWOP) at the discretion of judges in Virginia and Maryland. But Malvo’s sentence stood on shaky ground when the Supreme Court initiated juvenile

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The opinions expressed herein are those of the individual contributors to the ASLJ Blog and should not be construed as the opinions of the
Arizona State Law Journal or the Sandra Day O’Connor College of Law at Arizona State University.