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

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,

Read More »

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

Read More »

The Dignity Crutch: Understanding Sovereign Immunity After Franchise Tax Board of California v. Hyatt

By KC Hooker. In May 2019, the Supreme Court decided Franchise Tax Board of California v. Hyatt, which overturned Nevada v. Hall and held that citizens cannot sue a state in another state’s courts. The decision was not surprising given the Court’s expansion of sovereign immunity—or the idea that governments are immune from suits by private parties—since the mid 1990s. As the Court expanded sovereign immunity during that decade, it departed from the literal text of the Eleventh Amendment, which limits federal court jurisdiction to entertain suits against states, and began to rely on a principle called the “dignity rationale.”

Read More »

Arizona’s Compulsory Arbitration Program: Is It Time for a Reform?

By Christian Fernandez. What is Arizona’s compulsory arbitration program? Arbitration is a form of alternative dispute resolution where an independent third party hears the case and determines the result. Arizona courts have adopted a compulsory arbitration program for all civil lawsuits that meet the requirements listed in Rules 72–77 of the Arizona Rules of Civil Procedure. All civil disputes valued under a specific amount are resolved through this arbitration program instead of litigating in court. This program applies to plaintiffs that are only seeking money damages. In addition, this program does not apply to criminal lawsuits. How does the compulsory

Read More »

Do plaintiffs in data breach cases have a leg to stand on?

By Kacie Donovan. Data breaches and resulting amounts of compromised personal information are increasing rapidly. The FBI has said “[T]here are only two types of companies: those that have been hacked and those that will be. And even they are converging into one category: companies that have been hacked and will be hacked again.” Unsurprisingly, plaintiffs affected by these ever-common data breaches are seeking relief in court. Standing doctrine is a hotly contested battleground for the parties to litigation following a data breach. In some courts, plaintiffs experience difficulty demonstrating that the theft of their data alone gives them standing. Several

Read More »

CBD: The Legality & Regulation of the “Other” Cannabis Ingredient

By Abby Dockum. Over the past several years, products containing cannabidiol—better known as CBD—have spread across the shelves of grocery stores and pharmacies. Sales of CBD products are expected to surpass $5 billion dollars in 2019, up 700% from 2018. This may be attributed in part to increased research on the health benefits of CBD, but it is more likely due to changes in CBD’s legal status. What is CBD? CBD, like tetrahydrocannabinol (THC), is an active ingredient of cannabis. Unlike THC, however, CBD has no psychoactive effect, meaning it does not cause a “high.” CBD is not addictive, and

Read More »

Subscribe to the Arizona State Law Journal Blog

Receive notifications of new posts directly to your inbox!

Submit your information below.
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.