Time To Join the Playing Field: A Proposal for Legalizing Sports Betting in Arizona

2020, Current Issue, Online, Volume 52 (2020) Issue 1 (Spring)
Lauren Smith. The American Gaming Association (“AGA”) estimates that Americans illegally wager $150 billion on sporting events every year. In 2018, of this $150 billion, Americans illegally wagered an estimated $4.6 billion on Super Bowl LII. An estimated $9.7 billion was wagered illegally on the 2018 National Collegiate Athletics Association (“NCAA”) March Madness men’s basketball tournament. Full Article
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If We Only Had A Brain: Toothless Aquatic Code Allows Deadly, Brain-Eating Zombie Amoeba To Flourish in Arizona Splash Pads and Water Playgrounds

2020, Current Issue, Print, Volume 52 (2020) Issue 1 (Spring)
Sarah Pook. It starts with a fever. A splitting headache. Vomiting, fatigue, an earache— then the secondary symptoms begin. Vision loss. Stiff neck. Lethargy, confusion, inability to walk, an aversion to light. Hallucinations. Doctors scramble to make a diagnosis, attempting treatment for bacterial meningitis, viral encephalitis, herpes, or other rare diseases, but nothing works. Finally, a coma. Death follows within three days. Full Article
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Over the Border, Under What Law: The Circuit Split over Searches of Electronic Devices on the Border

2020, Current Issue, Print, Volume 52 (2020) Issue 1 (Spring)
Ashley N. Gomez. On January 30, 2017, Sidd Bikkannavar arrived at the George Bush Intercontinental Airport in Houston, Texas from a trip to Chile. He had taken a few weeks off from work to go on a personal trip to pursue his hobby of racing solar-powered cars. He is a natural-born U.S. citizen, an employee of a federal agency—NASA’s Jet Propulsion Laboratory—and a “seasoned international traveler.” After U.S. Custom and Border Protection (“CBP”) processed Sidd’s passport, a CBP officer detained him and brought him into a separate room within the airport. There, the CBP officer questioned him about where he came from, where he lived, and where he worked.6 The CBP officers questioned Sidd on information they already possessed through his membership in CBP’s “Global Entry” program—an expedited clearance program…
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Of Immigration, Public Charges, Disability Discrimination, and, of All Things, Hobby Lobby

2020, Current Issue, Print, Volume 52 (2020) Issue 1 (Spring)
Mark C. Weber. This Essay seeks to demonstrate that federal disability discrimination law conflicts with and thus supervenes the Trump Administration’s new regulations changing the standards for excluding immigrants from the United States on the basis of their likelihood of becoming a public charge. The new regulations use an explicit disability-related discriminatory criterion that is not required by the statutory admission standards and will have an unjustified negative impact on immigrants who have disabling conditions. The Essay draws the comparison to Burwell v. Hobby Lobby, Inc., a 2014 case in which the Supreme Court invalidated a federal regulation on the ground that it conflicted not with its enabling legislation but with an unrelated federal statute, the Religious Freedom Restoration Act. Full Article
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Antitrust Immunity, State Administrative Law, and the Nature of the State

2020, Current Issue, Print, Volume 52 (2020) Issue 1 (Spring)
Alexander Volokh. North Carolina State Board of Dental Examiners v. FTC (N.C. Dental) has worked a potential revolution in antitrust law. A revolution because it makes clear that state regulatory agencies dominated by active market participants are not entitled to immunity from federal antitrust liability unless they are actively supervised by the State. But still only a potential revolution, because much depends on what counts as “active state supervision.” The story of N.C. Dental is, in large part, the story of how federal courts have tried to define “the State” (for purposes of state-action immunity). N.C. Dental has rejected a labeling approach, a balancing approach, and a sovereignty approach in favor of a financial disinterestedness approach. I argue that this approach isn’t obvious from an abstract political-philosophy standpoint but is…
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Advancing the Use of HIE Data for Research

2020, Current Issue, Print, Volume 52 (2020) Issue 1 (Spring)
Michael J. Saks, Adela Grando, Chase Millea, & Anita Murcko. Health Information Exchanges (HIEs) are centralized repositories of patients’ health records. The records come from most or all of the providers and health-care organizations within a given region or locale. Used mainly for clinical care, patients’ records can generally be accessed by any of the patients’ health-care providers, care coordinators, or payors, enabling them to see comprehensive and up-to-date health information pertaining to the patient. Patients’ records and HIEs are heavily regulated by federal and state law both to achieve effective flow of information and ensure the privacy and security of the data. That same data could be a remarkable resource for medical researchers to use to improve health and health care. But the data sit unused by researchers. Why?…
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Preventing the Curse of Bigness Through Conglomerate Merger Legislation

2020, Current Issue, Print, Volume 52 (2020) Issue 1 (Spring)
Robert H. Lande & Sandeep Vaheesan. The antitrust laws, as they are presently interpreted, are incapable of blocking most of the very largest corporate mergers. They successfully blocked only three of the seventy-eight largest finalized mergers and acquisitions (defined as the acquired firm being valued at more than $10 billion) that occurred between 2015 and 2019. The antitrust laws also would permit the first trillion-dollar corporation, Apple, to merge with the previously third largest corporation, Exxon/Mobil. In fact, today every U.S. corporation could merge until just ten were left—so long as each owned only 10% of every relevant market. Even though the Congresses that enacted the anti-merger laws did so, among other aims, to limit the political power of corporations, today the federal antitrust agencies and courts interpret these laws…
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Improving the Presentation of Expert Testimony to the Trier of Fact: An Epistemological Insight in Search of an Evidentiary Theory

2020, Current Issue, Print, Volume 52 (2020) Issue 1 (Spring)
Edward J. Imwinkelried. The use of expert testimony at trials is not only widespread; its use also appears to be increasing. In a Rand Corporation study of California trials in courts of general jurisdiction, the researchers found that experts appeared in 86% of the trials; and on average, there were 3.3 experts per trial. A more recent study reported that the average has risen to 4.31 experts per trial. One commentator has asserted that in the United States, trial by jury is evolving into trial by expert. That assertion is hyperbole, but it is undeniable that the quality of expert testimony is now a major determinant of the quality of the outcomes at American trials. Full Article
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The #E-Too Movement: Fighting Back Against Sexual Harassment in Electronic Sports

2020, Current Issue, Print, Volume 52 (2020) Issue 1 (Spring)
John T. Holden, Thomas A. Baker III, & Marc Edelman. Competitive video gaming or esports has captured the attention of hundreds of millions of people across the globe. With that attention has come billions of dollars’ worth of investment and promotion. But, it has also exposed an underlying toxic environment that features widespread sexual and gender harassment. This pervasive culture of harassment threatens to derail the esports industry and mars the promise of gender equity in one of the few competitive “sports” where physical strength, agility and body size do not dictate success. In this Article, we examine the rise of competitive gaming, and provide an in-depth analysis of the pervasive issue of harassment that permeates esports. We then propose a series of tangible reforms that would hold harassers and…
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When the Pandemic Reaches Prisons: Considering the Legal and Humanitarian Consequences

Arizona State Law Journal Blog
By Abby Dockum. In Iran, 85,000 prisoners—nearly half the prison population—have been released in response to the coronavirus pandemic. In China, after a guard showed symptoms of COVID-19, two thousand prisoners were tested and two hundred tested positive. In at least two other countries, prisoners have rioted—resulting in thirteen deaths in Italy and twenty-three in Colombia—to protest a lack of protective measures against the virus. Coronavirus is now spreading in the United States, home to more than two million incarcerated people—by far the world’s largest prison population. Meanwhile, measures recommended by the CDC to prevent transmission are impossible in many U.S. detention facilities: How can inmates in overcrowded prisons “socially distance” while sharing cells, showers, and cafeterias? How can someone in handcuffs cover a cough or sneeze? How can hands…
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