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

Defective Work & Offers to Cure: Do Contractors Have a Common Law Right to Cure?

By Caitlin Doak. No published Arizona opinion provides for an implied right to cure. However, a recent unpublished Court of Appeals opinion suggests that Arizona is inching closer to adopting an implied right to cure absent a contractual right to cure. In Fisher v. Rondo Pools, 1 CA-CV 18-0343 (Ariz. App. 2019), the court found no error in the superior court instructing the jury that “in determining whether Rondo materially breached the contract, it could consider Rondo’s ‘ability to cure or fix the alleged breach’ and whether Rondo ‘can make any reasonable assurances that it would cure the alleged breach.’”

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Supreme Court Kicks Off Controversial Docket

By Harman Dhanoa. On October 7th, 2019, the justices returned to the bench for what has been called “the most significant Supreme Court term in a decade.” The docket of 59 cases is set to cover high-profile matters including abortion, gun rights, LGBT+ rights, presidential power, and more. While Chief Justice John Roberts has long sought to maintain an image of the Court as an apolitical institution, all eyes will be on the conservative-leaning Court as it rules on divisive issues ahead of the 2020 presidential election. A brief overview of the issues on the docket this term: Abortion In

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The Computer Fraud and Abuse Act: Why a Change in the Legislation is Needed

By Chase Colwell. By 1986, it was clear that computers were becoming an inextricable component of modern society. However, this new and developing technology was ripe for abuse in various ways. At the time, there were not any adequate legal remedies for victims of these abuses, so Congress saw fit to create a criminal statute addressing those concerns. Thus, The Computer Fraud and Abuse Act (CFAA) of 1986 was born. The CFAA’s primary concern was to prevent “hacking.” As such, the CFAA made it a crime under § 1030(a)(2)(C) for an individual to “intentionally access[] a computer without authorization or

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Compensation of College Athletes: A Reward for Athletic Achievement or Bribe?

By Madelaine Bauer. For many years, there has been a crucial debate circulating the college athletics world—whether college athletes should be compensated, specifically, for their name, image or likeness. Circling back to 2009, the National Collegiate Athletic Association (“NCAA”) faced their first uproar of the controversy on college athlete compensation with the release of their EA Sports NCAA Basketball ’09 video game. The NCAA found themselves as the defendants of a class action lawsuit headed by former UCLA basketball player, Ed O’Bannon. The claim of this class action was for a violation of the Sherman Antitrust Act and denying the athletes’ right of publicity—by using the athletes’ name, image

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Arizona Rule of Evidence 404(b): Limiting the Use of Propensity Evidence Against Criminal Defendants

Jessica Berch, Lecturer, Arizona State University Sandra Day O’Connor College of Law; Member of the Arizona Advisory Committee on the Rules of Evidence The Arizona Rules of Evidence largely mirror the Federal Rules of Evidence, and Arizona state courts often look to federal precedent in interpreting the Arizona Rules. This parallelism between the two rule sets is purposeful. In fact, on June 11, 2012, the Arizona Supreme Court established the Advisory Committee on the Rules of Evidence with an express purpose of maintaining conformity with the federal rules: The Committee shall periodically conduct a review and analysis of the Arizona

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Ninth Circuit Stays Federal Execution of Navajo Man

By Mike Brown. In October 2001, Lezmond Mitchell confessed to the murder of sixty-three-year-old Alyce Slim and her nine-year-old granddaughter. A jury convicted Mitchell and sentenced him to die for his crimes. Now, eighteen years after the killings, the Ninth Circuit has stayed Mitchell’s execution. The reason—potential racial bias by the jury who convicted him. Lezmond Mitchell is a citizen of the Navajo Nation, as were his victims. The killings occurred on tribal land, and thus fell under federal jurisdiction. The details are gruesome. Ms. Slim and her granddaughter were headed to New Mexico when they were violently carjacked by

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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.