Past Issues – Page 15 – Arizona State Law Journal

19Feb 2020 by ASULJADMIN

Beyond Property: The Other Legal Consequences of Informal Relationships

2019, Past Issues, Print, Volume 51 (2019) Issue 4 (Winter)

Kaiponanea T. Matsumura. It has often been said that there are three parties to every marriage: the two spouses and the state. This aphorism reminds us that the state has a strong interest in the marital relationship and that this interest is reflected in pervasive legal regulation. The parameters of informal relationships are not so clear. Partners may not always share the same understandings of the significance of their relationship, legal or otherwise, and the state is also somewhat noncommittal about its role. Although nearly all states allow partners to bring contract-based claims against each other when their relationships come to an end and a small handful will impose economic obligations on cohabitants whose relationships are sufficiently marriage-like, most informal relationships begin and end without significant state oversight. Full Article

19Feb 2020 by ASULJADMIN

Race Matters in Research on Nonmarital Unions: A Response to Amanda Jayne Miller’s and Shannon Sassler’s “Don’t Force My Hand”: Gender and Social Class Variation in Relationship Negotiation

2019, Past Issues, Print, Volume 51 (2019) Issue 4 (Winter)

R.A. Lenhardt. At three-years old, I overheard my parents talking about one of my uncles. Chatterbox that I was, I promptly found that uncle after their conversation ended and apparently repeated much of what they said. It was not that my uncle—who did not appreciate what he heard from me at all—had done anything wrong. In fact, he had not done anything at all. And that, at least for my parents, was really the crux of the matter. It was early 1970. My uncle, a life-long New Yorker, had just become a first-time father. And, to their chagrin, he had not married the child’s mother. As it happens, his partner was no more interested in getting married than he. For my parents, however, that was almost beside the point. Like…

19Feb 2020 by ASULJADMIN

Family Choices

2019, Past Issues, Print, Volume 51 (2019) Issue 4 (Winter)

Courtney G. Joslin. Families are changing. In the past, most adults in the U.S. were married, and almost all children were born to married persons. That is no longer the case. About half of all adults in the U.S. today are unmarried. Being unmarried, however, does not necessarily mean that the person lacks a family. As marriage rates have declined, cohabitation rates have increased. Today there are approximately 18 million adults in the U.S. who are living with nonmarital partners. These trends are likely to continue. Full Article

19Feb 2020 by ASULJADMIN

Blackstonian Marriage, Gender, and Cohabitation

2019, Past Issues, Print, Volume 51 (2019) Issue 4 (Winter)

Naomi Cahn & June Carbone. In Blumenthal v. Brewer, the Illinois Supreme Court held that it would not enforce an alleged agreement between a nonmarital couple that centered on their relationship. The National Center for Lesbian Rights argued that the court’s holding punished people who entered into a nonmarital relationship. Nancy Polikoff found the opinion “shocking.” Albertina Antognini suggests that nonmarriage cases refusing to enforce such agreements harm women. These accusations also reflect concern that Blumenthal-type results are designed to encourage marriage and penalize others. Full Article

27Nov 2019 by ASULJADMIN

Trademark Licensing: A Once Concerning Mechanism for Transfer Faces New Certainty Under Mission Product Holdings, Inc. v. Tempnology, LLC

2019, Online, Past Issues, Volume 51 (2019) Issue 3 (Fall)

Hilary Weaver. Long-term trademark licensing agreements are inherently risky transactions for licensees. Consider the risks facing a hypothetical business owner who licenses rights in the trademark of an up-and-coming business under a long-term, exclusive licensing agreement. If the licensed trademark loses popularity over time, the license’s value could plummet and cause the licensee to suffer a financial loss. On the other hand, if the licensor’s brand becomes exponentially more popular, market demand for products under the licensed mark could increase and generate large profits for the licensee. Under the latter scenario, securing long-term rights under the licensing agreement could even empower the licensee to feel comfortable hiring additional employees, leasing a larger manufacturing space, or making other long-term investments in reliance upon the continued use of the mark. Full Article

27Nov 2019 by ASULJADMIN

Burnt Lands, Dry Lakes, and Empty Pockets: Emergency Water Takings and Wildfires

2019, Past Issues, Print, Volume 51 (2019) Issue 3 (Fall)

Alexander Ronchetti. After weeks of endless meetings and memos, Doc finally arrived at his family’s upstate farm for some rest and relaxation. After settling in, he grabbed a chair and walked down the path to the lake where his family stored the farm’s water supply. On the drive up, Doc had heard about the wildfires that were moving their way across the state, but he had paid no attention to them because the fires were reportedly still hundreds of miles away and outside his water basin. After a little while he started smelling smoke and hearing helicopters in the distance. Alarmed, he looked up and saw that a wildfire was heading his way. Suddenly, over the tree line, a U.S. Forest Service helicopter rapidly approached and then stopped, hovering directly…

27Nov 2019 by ASULJADMIN

In the Field or in the Courtroom: Redefining the APA’s Military Authority Exception in the Age of Modern Warfare

2019, Past Issues, Print, Volume 51 (2019) Issue 3 (Fall)

James D. Cromley. Journalism can be a dangerous business. In 2017 alone, forty-eight journalists were killed worldwide. When the news of Washington Post reporter Jamal Khashoggi’s death at the hands of Saudi officials broke, American congressional leaders were quick to condemn the Saudi government. Watching these events with morbid detachment, most American citizens feel confident that the United States government would never use extrajudicial killing against one of its own. However, Bilal Abdul Kareem, an American citizen, claimed the United States government tried to kill him on five separate occasions. Full Article

27Nov 2019 by ASULJADMIN

Land Development: A Super-Wicked Environmental Problem

2019, Past Issues, Print, Volume 51 (2019) Issue 3 (Fall)

Blake Hudson. Hurricane Harvey dropped fifty-two inches of rainfall in the Houston, Texas area over only a few days in the summer of 2017 (the average annual rainfall in Houston is forty-five inches ). This was a record for any single storm event in the United States. At one point, a foot and a half of water covered seventy percent of Harris County, and one-third of the city of Houston was under water. So much water covered the region that it depressed the earth’s crust two centimeters. Ten thousand people were rescued from their homes as the floodwaters rose. Over 203,000 homes were damaged, with over 12,000 homes completely destroyed. 2017 was the third year in a row that Houston had suffered a “500 year flood”—floods in 2015 and 2016…

27Nov 2019 by ASULJADMIN

Professionally Responsible Artificial Intelligence

2019, Past Issues, Print, Volume 51 (2019) Issue 3 (Fall)

Michael Hatfield. A young mother visited her obstetrician, hoping for help losing weight. Her doctor turned to a computer program to determine what should be prescribed. The prescription killed the mother. Is this a case of professional irresponsibility? Or is it a case of product liability? Who is at fault: the doctor or the program developers? The New Jersey courts are deciding. Full Article

27Nov 2019 by ASULJADMIN

Fighting Overcharged Bills from Predatory Hospitals

2019, Past Issues, Print, Volume 51 (2019) Issue 3 (Fall)

Frank Griffin. Hospitals routinely expect patients to pay different prices for the same services and often ask the most vulnerable patients to pay ten to twenty-five times as much as the hospital routinely accepts as payment in full. For a service that the government allows participating hospitals to charge its patients $117 in 2019 dollars, some hospitals may charge patients up to $3254 for the same service, and most hospitals charge almost $500 for that same $117 service. Excess hospital charges or “markups” pose a significant financial burden (including frequent bankruptcies) on uninsured and out-of-network patients and cause some people to avoid necessary emergency or urgent care leading to unnecessary deaths and disabilities. Vulnerable patients in times of crisis enter a hospital believing they are in a safe haven—similar to…