Arizona State Law Journal Blog

A Novel Solution to the Multiple Causation Problem

By Sterling Johnson. What is the proper method of allocating liability where A and B owe contract duties to C under separate contracts, and each breaches independently, and it is not reasonably possible to make a division of the damage caused by the separate breaches? This is called the multiple causation problem, and Arizona needs a statutory solution. Approaches Taken in Other Jurisdictions Arizona courts have not considered the multiple causation problem. The jurisdictions that have considered it generally adopt one of two solutions. In a majority of jurisdictions, if a defendant’s (A or B) breach of contract was a

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The Supreme Court Begins to Hear the DACA Case

By Ava Esler. Background Deferred Action for Childhood Arrivals (“DACA”) was implemented by President Obama as a means to provide work authorization and prevent the removal of young undocumented immigrants brought to the United States as children. Since DACA was enacted by executive order in 2012, over 700,000 individuals have taken advantage of the program. This means that they are protected from removal and can apply for work authorization, as well as obtain a driver’s license and social security benefits. In keeping with one of his controversial campaign promises, President Trump announced that his administration was moving to officially terminate

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EA Sports, It’s (back?) in the Game

By Tyson Woodford. Background For me, O’Bannon v. NCAA (previously mentioned on this blog here and here) was a landmark case that impacted my daily life. Sure, it dealt with the NCAA profiting from the image and likeness of its uncompensated student athletes, but to me (not a college athlete) it just meant the death of my favorite video game. After the court’s decision, EA Sports discontinued their successful line of College Football and College Basketball games, thereby ending an era of building fictional dynasties and competing for virtual Heisman trophies. While the game has been kept on life support

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Why the Fourth Amendment Should Apply to Visual Body-Cavity Searches

By Jay Dosad. Background In 2011, two hundred female inmates in an Illinois prison were marched to a beauty salon and a bathroom off of a gym. In full view of male and female cadets, correctional officers, and civilians, as guards screamed insults and derogatory statements, they were ordered to strip naked and bend over, spread their buttocks and vaginas, and cough. This is known as a “visual body-cavity search,” since the guards did not touch the prisoners. According to prison officials, the search was a cadet training exercise. After a prisoner claimed Fourth Amendment and Eighth Amendment violations, the

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Is Your LinkedIn Profile Safe? After a Brief ‘hiQ’-up, Data Analytics Company hiQ Can Continue Scraping LinkedIn Accounts for Personal Data Under the CFAA

By Caitlin White. On September 9, 2019, the Ninth Circuit affirmed the Northern District Court of California’s decision to grant a preliminary injunction forbidding LinkedIn from denying plaintiff hiQ access to publicly available LinkedIn member profiles. As a result of HiQ Labs, Inc. v. LinkedIn Corp., hiQ may continue scraping data from public LinkedIn profiles to provide data analytics to its clients under the Computer Fraud and Abuse Act (CFAA). LinkedIn has over 660 million members on its professional networking website. LinkedIn members own the content they post to LinkedIn but grant LinkedIn a non-exclusive license to “use, copy, modify,

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Bad Blood: Taylor Swift’s Ongoing Battle with Big Machine Records Raises Questions About Re-Recording Clauses

By Delilah Cassidy. Taylor Swift is one of the best-selling singer-songwriters of all time. At fifteen, she signed her first record deal with Big Machine Label Group (“Big Machine”) and created six albums with the label. Upon expiration, Swift signed with Universal Music Group (“UMG”). Under the UMG agreement, she owns all original sound recordings of new songs (original sound recordings are “masters”). However, about eight months after her switch, talent manager Scooter Braun purchased Big Machine, including the masters to Swift’s first six albums. Swift publicized her frustration with the deal because she was not offered the chance to

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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.