Arizona State Law Journal Blog

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 State Law Affecting the Nation: A Quick Dive into the CCPA

By Yinan Guo.Maybe you have noticed that, for the past month or so, companies have been sending out emails regarding their updated privacy policy. Chances are you ignored them without taking a look, like every time before when you checked the “I agree” box. What’s interesting is that this wave of updates is a response to a California statute—the California Consumer Privacy Act (CCPA)—which took effect on January 1, 2020. Although this is a state statute, it is already having a nationwide impact, and has the potential to shape the future of data privacy laws in the United States. I

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Supreme Court to Decide Landmark Trademark Case in 2020

By Marissa Gibbens.In its 2020 cycle, the Supreme Court will review the 4th Circuit Court of Appeals’ decision in United States Patent and Trademark Office v. Booking.com B.V. The Court will decide whether the addition of the term “.com” can turn a generic term (such as the term, “booking”) into a protectable trademark. The company Booking.com B.V. runs online hotel reservation services which most people recognize as “Booking.com.” In 2012, Booking.com B.V. went to the United States Patent and Trademark Office intending to register “Booking.com” as a U.S. trademark. The company had just registered “Booking.com” as an international trademark in

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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.