Arizona State Law Journal Blog

Arizona State Law Journal is suspending blog posts indefinitely to allow its members to focus on their health, family, friends, and other academic responsibilities during the COVID-19 pandemic. Updates will be provided when we have them. Thank you for reading and sharing our members’ posts this year. We look forward to sharing legal thoughts, opinions, and analysis with you again soon. In the meantime, please be safe.

If you would like to submit a blog post to ASLJ during our hiatus, please email arizonastatelawjournal@gmail.com.

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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Is Amendment No. 28 on the Horizon?

By Allie Karpurk. What is the Equal Rights Amendment? On January 27, 2020, Virginia became the thirty-eighth state to ratify the Equal Rights Amendment (“ERA” or “Amendment”). The ERA was written by the National Women’s Party in 1923 following the Party’s successful fight for women’s right to vote, ratified in the Nineteenth Amendment. In 1972, Congress passed the ERA, which reads in its entirety: SECTION 1. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex. SECTION 2. The Congress shall have the power to enforce,

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Mathena v. Malvo: The Scope of Miller and its Ban on Juvenile Life-Sentences

By Austin Moylan.With the January 2020 release of the film Just Mercy, Bryan Stevenson is becoming a household name. But as the general public becomes acquainted with his impressive resume for perhaps the first time, those in the criminal defense community have their eyes set on the Supreme Court, awaiting its decision in Mathena v. Malvo, a case that will clarify the scope of the Court’s holding in Miller v. Alabama, a landmark 2012 decision fought for by Stevenson himself. In the early 2000s, Stevenson was one of many individuals in the legal community fighting against certain juvenile sentencing practices.

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Arizona Answering Tough Questions Regarding Medicaid Work Requirements

By Sara Kizer. Ten states received approval from the Centers for Medicare and Medicaid Services (CMS) to impose Medicaid work requirements on beneficiaries to incentivize work and community engagement among non-disabled, non-elderly adult Medicaid beneficiaries. Through these requirements, states established minimum hours of working or volunteering that eligible beneficiaries must complete to maintain Medicaid coverage. CMS argues that this requirement will help these low-income beneficiaries rise out of poverty. However, opponents point out that Medicaid demonstrations must fulfill the purpose of the Medicaid program, which is to provide healthcare coverage. For example, more than 18,000 people in Arkansas lost Medicaid

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New Developments for Prosecuting Airplane Crimes in the Ninth Circuit

By Nathan Lilly. Background Monique Lozoya was sitting in the middle seat on the second-to-last row of a Delta Airlines flight traveling from Minneapolis to Los Angeles when she felt the passenger behind her kicking her seat. She tried ignoring it, as many of us would do, but when the culprit got up to use the bathroom, she decided that she would confront him. When he returned to his seat, sparks flew. The passenger said Lozoya got aggressive and smacked him in the face, but Lozoya claimed that when she asked him to stop kicking her seat, the passenger got

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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.