Arizona State Legislature v. Arizona Independent Redistricting Commission and the Future of Redistricting Reform

2019, Current Issue, Print, Volume 51 (2019) Issue 2 (Summer)
David Gartner In 2018, voters in five different states passed successful initiatives that made it harder for politicians to choose their own districts and easier for independent voices to shape the redistricting process. This unprecedented transformation in the redistricting process would not have happened without the Supreme Court’s decision in Arizona Legislature v. Arizona Independent Redistricting Commission. That decision confirmed the constitutionality of Arizona’s own Independent Redistricting Commission and created an outlet for citizens frustrated with dysfunctional governance and unresponsive legislators to initiate reforms through the initiative process. All of these 2018 initiatives created or expanded state redistricting commissions which are to some degree insulated from the direct sway of the majority party in their respective legislatures. Full Article
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There Is No Such Thing as a Free Appropriate Public Education

2019, Current Issue, Print, Volume 51 (2019) Issue 2 (Summer)
Angelika Orletsky Doebler In January 2015, Arizona Governor Doug Ducey implemented the Classrooms First Initiative with the aims “to modernize school finance code, ensuring adequate funding is made available for teachers and classroom instruction.” Recognizing that comprehensive finance reform had not occurred for “generations,” a council convened to “build a longterm strategy” and “multi-year policy initiatives and implementation plans” to reform Arizona’s school finance code. After two years of meetings and research, the council issued a list of recommendations for reform, among which Recommendation Twelve specified “[c]onduct an actuarial cost study on special education and identify ways to address adequacy of funding based on study results.” However, the group did not develop an actual funding formula in order to enact the explicit recommendations. Recommendation Twelve has not been enacted, nor…
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Agency Engagement with Stakeholder Collaborations, in Wildfire Policy and Beyond

2019, Current Issue, Print, Volume 51 (2019) Issue 2 (Summer)
Karen Bradshaw In the windowless conference room of a drab building, roughly thirty people were waiting for a meeting to start. Several men sat in a tight bunch at a far end of the table, all wearing short-sleeve button down shirts, dark jeans, and work boots. These were the foresters. In the middle of the rectangular arrangement of tables sat a clump of wildlife biologists from the Forest Service. Two Forest Supervisors sat on opposite sides of the room, both in uniform. A collaboration expert in khakis and a polo shirt was nonchalantly checking his phone under the table. A researcher made her way around the room, touching the shoulder of various people as she spoke to them, her dolman sleeves fluttering behind her. After several minutes of casting furtive…
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Guns, Knives, and Swords: Policing a Heavily Armed Arizona

2019, Current Issue, Print, Volume 51 (2019) Issue 2 (Summer)
Shawn E. Fields On August 8, 2015, the Arizona newspaper Arizona Republic ran a story with the following headline: Celebration or Concern? We’re No. 1 for Guns. The story reported that, “[f]or the third straight year, Arizona was ranked [the] best state in the nation for gun owners by Guns & Ammo magazine, which praised the state’s self-defense and carry laws, its shooting sports and strong gun culture.” The balance of the article considered the well-worn debate between gun rights advocates and gun control advocates reflected in the story’s title: was this ranking to be hailed as a victory for the Second Amendment and responsible gun ownership, or denounced as the reason why “Arizona is the best state for criminals to get access to guns”? Full Article
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Restrictive Covenants Under Arizona Law: Step Away from the Step-Down Provisions

2019, Current Issue, Print, Volume 51 (2019) Issue 2 (Summer)
Scott F. Gibson Arizona courts take a skeptical approach to restrictive covenants— covenants not to compete, antipiracy agreements, and confidential information agreements—and have good reason for doing so. Restrictive covenants are contrary to fundamental principles of free enterprise,1as they place restrictions on free and unrestricted competition. Moreover, “the right of an individual to follow and pursue the particular occupation for which he is best trained is a most fundamental right.” And consumers pay a higher price for goods and services when competition is eliminated from the marketplace, even if only temporarily. Full Article
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The Arizona “Private Affairs” Clause

2019, Current Issue, Print, Volume 51 (2019) Issue 2 (Summer)
Timothy Sandefur The Arizona Constitution says “No person shall be disturbed in his private affairs, or his home invaded, without authority of law.” This language is notably different from that used in the federal Constitution’s Fourth Amendment and analogous provisions in other state constitutions. It is found in only one other constitution: that of Washington State, from which it was copied, and where courts have developed a robust and protective Private Affairs jurisprudence. Yet Arizona courts have not done the same. On the contrary, despite repeatedly acknowledging that the Arizona Constitution can and should protect a broader range of rights than the federal Constitution, they have largely failed to give effect to that principle and have so far developed virtually no significant protections of private affairs that differ from federal…
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From Wine to Water: Wet Markets for Dry Times

2019, Current Issue, Print, Volume 51 (2019) Issue 2 (Summer)
Lauren Podgorski One of the last healthy flowing rivers in Arizona, the Verde River, contributes substantially to the Verde Valley’s high quality of life. The Verde River supplies fresh drinking water to more than two million people in Maricopa County. But the river, its springs, and its tributaries face a serious threat from groundwater pumping in the Verde Valley. Arizona’s complicated, bifurcated water laws leave groundwater appropriation in the valley effectively unrestricted. As with many other water bodies, multiple parties hold rights to use the same Verde River water under separate legal regimes. These competing water rights, coupled with the valley’s rapid population growth, threaten to dry up the Verde River just like many other Arizona rivers. But a growing conservation effort strives to avoid that fate, with winemakers and…
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The Role of State Emergency Powers in Curbing the Opioid Epidemic: A Case Study in Lessons Learned

2019, Current Issue, Print, Volume 51 (2019) Issue 2 (Summer)
Jeffrey Locke & Lauren Dedon The United States remains embroiled in a national opioid epidemic. “More than 70,200 Americans died from drug overdoses in 2017, including illicit drugs and prescription opioids—a [two]-fold increase in a decade.” From 1999 to 2016, more than 350,000 people died from an overdose involving any opioid, including prescription and illicit opioids. On average, 130 Americans die every day from an opioid overdose. Full Article
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