Arizona State Law Journal Blog

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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PURPA’s Uncertain Future in Arizona’s Solar Energy Portfolio

By Cory Bernard. Post-hearing briefs filed last week in a matter before the Arizona Corporation Commission (ACC), plus a recent Federal Energy Regulatory Commission (FERC) Notice of Proposed Rulemaking, highlight fierce debates over a key weapon in solar developers’ arsenal. The Public Utility Regulatory Policies Act (PURPA) became law in 1978 with goals that included encouraging renewable energy development and reducing consumer energy prices. It established a class of renewable energy producers that could achieve “qualified facility” (QF) status from the Federal Energy Regulatory Commission (FERC) and thus enjoy certain benefits. Chief among these benefits is a QF’s ability to

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City of Surprise v. Arizona Corporation Commission: How this Seemingly Straightforward Eminent Domain Case is Actually a Surprise Success for Renewable Energy Advocates

By Marissa Gibbens. On March 28, 2019, the Supreme Court of Arizona issued the opinion for City of Surprise v. Arizona Corporation Commission and the decision impacts more than just the parties involved. Indeed, the court held that while the Arizona Corporation Commission has statutory authority to approve the sale or disposition of a public service corporation’s assets, the Commission does not have authority to require a utility to apply for approval of a city’s proposed condemnation of the utility’s assets. The decision could have major implications for Arizona municipalities, developers, utilities, and renewable energy advocates alike. The facts are

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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.