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

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. 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 B.V. runs online hotel reservation services which most people recognize as “” In 2012, B.V. went to the United States Patent and Trademark Office intending to register “” as a U.S. trademark. The company had just registered “” as an international trademark in

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Accelerated Termination Proceedings in Arizona: When the State Takes Away a Child

By George Gould. Background The Arizona Supreme Court has recently decided another case—Trisha A. v. Department of Child Safety—on a controversial law in Arizona juvenile courts. In juvenile court, there exists a mechanism for accelerating severance procedures. When accelerated, a termination hearing is transmuted, by the rules, into a severance hearing. Unfortunately, the language explaining the “good cause” standard appeared to vary across the rules. Arizona Supreme Court Decision The Arizona Supreme Court took this case to decide whether or not there was a conflict in the rules. The Court found that the “good cause” standard is different under different

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Ag-gag: The Intersection of Agriculture, Animal Welfare, and Free Speech

By Avery Topel. In the summer of 2019, an animal advocacy group conducted an undercover investigation of Fair Oaks Farms in Indiana. Secretly recorded video revealed employees beating calves with metal rebar, abusing cattle with hot branding irons, and denying cows veterinary care. After the video went public, the employees were fired and charged with animal cruelty. But in some states, it could be the advocates that filmed who face criminal charges.  Referred to as ag-gag laws, eleven states have passed laws that criminalize undercover investigations of agriculture operations. Some of these laws flatly prohibit filming agriculture operations without permission,

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A Trip Down Mammary Lane: Will Arizona’s Workplaces Have Space for Nursing Mothers?

By Daniel Restrepo. As positive attitudes toward breastfeeding have increased in the last decade, so too have the number of breastfeeding discrimination lawsuits. However, there is uncertainty as to what rights mothers have to pumping in the workplace. Courts are split as to the scope of breastfeeding protections in the Pregnancy Discrimination Act (“PDA”) and Fair Labor Standards Act (“FLSA”), and the Ninth Circuit has yet to weigh in on the matter. In Arizona, two cases have taken on this issue: Behan v. Lolo’s Incorporated (D. Ariz. 2019) and Clark v. City of Tucson (D. Ariz. 2018). Given the City

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When Life Gives You Lemons, You Ignore Them: The State of the Lemon Test After American Legion v. American Humanist Society

By Lauren Malm. The Establishment Clause and the Lemon Test The First Amendment provides that “Congress shall make no law respecting an establishment of religion.” Commonly known as the “Establishment Clause,” this clause prohibits government promotion or entanglement with religion and religious organizations. While government can provide religious organizations with general public benefits like fire or police protection, the question becomes: at what point does government action move from general benefits to an unconstitutional establishment of religion? The Supreme Court attempted to distill all Establishment Clause jurisprudence into a single, three-pronged test in Lemon v. Kurtzman. To pass the Lemon

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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.