Home Away from Home: Assistance Animals, Extended-Stay Hotels, and the Fair Housing Act

2018, Current Issue, Print, Volume 50 (2018) Issue 4 (Winter)
50 Ariz. St. L.J. 1265 (2018). Lindsey Bulloch. The Americans with Disabilities Act protects individuals with disabilities from discrimination in places of public accommodation, like restaurants or hotels. At the same time, the Fair Housing Act protects buyers and renters of a dwelling from discrimination by sellers or landlords. It is unclear which area of the law should govern disability discrimination in types of temporary housing like extended-stay hotels. This Comment suggests that for the purposes of service and emotional support animals, extended-stay hotels should be governed by the Fair Housing Act, which allows for more broad inclusivity of assistance animals. Full Article
Read More

Baseball Jurisprudence: Its Effects on America’s Pastime and Other Professional Sports Leagues

2018, Current Issue, Print, Volume 50 (2018) Issue 4 (Winter)
50 Ariz. St. L.J. 1171 (2018). Allan H. (“Bud”) Selig and Matthew J. Mitten. This article analyzes leading baseball-related judicial decisions, arbitration awards, and federal legislation regarding the Major League Baseball (MLB) commissioner’s “best interests” power, baseball’s antitrust exemption, and labor relations with MLB players as well as the scope of league, club, and players’ intellectual property rights. As the first law review article authored or co-authored by a current or former commissioner of a North American major professional sports league, it provides a unique insider perspective regarding baseball jurisprudence and its effects on the historical development and business affairs of MLB and its member clubs as well as their relationships with baseball players and their union, fans, and others. It also briefly considers how baseball jurisprudence has influenced the…
Read More

How to Save Unemployment Insurance

2018, Current Issue, Print, Volume 50 (2018) Issue 4 (Winter)
50 Ariz. St. L.J. 1009 (2018). Brian Galle. Unemployment insurance is almost universally recognized as one of a government’s best tools for fighting recessions, as well as an important source of relief for working-class families suffering temporary hardship. Unfortunately, as commentators and Congress have recognized, the U.S. system of financing its unemployment insurance program is seriously dysfunctional. Reform proposals, however, do not fully diagnose the causes of current failures. In particular, other commentators neglect the role of fiscal myopia in state officials’ failures to save for future UI needs. For instance, reformers mostly propose offering rewards or penalties that will take effect far in the future. These incentives have only small effects on myopic officials. Building on work in behavioral economics by myself and others, I propose a set of…
Read More

Sweetheart Deals, Deferred Prosecution, and Making a Mockery of the Criminal Justice System: U.S. Corporate DPAs Rejected on Many Fronts

2018, Current Issue, Print, Volume 50 (2018) Issue 4 (Winter)
50 Ariz. St. L.J. 1113 (2018). Peter R. Reilly. Corporate Deferred Prosecution Agreements (DPAs) are contracts negotiated between the federal government and defendants to address allegations of corporate misconduct without going to trial. The agreements are hailed as a model of speedy and efficient law enforcement, but also derided as making a “mockery” of America’s criminal justice system stemming from lenient deals being offered to some defendants. This Article questions why corporate DPAs are not given meaningful judicial review when such protection is required for other alternative dispute resolution (ADR) tools, including plea bargains, settlement agreements, and consent decrees. The Article also analyzes several cases in which federal district courts express misgivings about having to approve, in accordance with recent appellate court rulings, DPAs they would otherwise have likely rejected…
Read More

Corporate Long Arms

2018, Current Issue, Print, Volume 50 (2018) Issue 4 (Winter)
50 Ariz. St. L.J. 1067 (2018). Summer Kim. One of the most persistent debates among corporate law scholars has been whether the competition among states for corporate charters produces a race to the top or a race to the bottom. Some argue that the competition leads to the most efficient state emerging as the winner of the race. Others argue that the competition rewards the states that put the interests of managers—who have the power to choose the corporation’s state of incorporation (the “home state”)—ahead of the interests of shareholders and other stakeholders of the corporation. In this Article, I show how corporate long arm statutes could be used to facilitate a race to the top and mitigate the negative spillovers from a race to the bottom that may result…
Read More

Consent and Coercion

2018, Current Issue, Print, Volume 50 (2018) Issue 4 (Winter)
50 Ariz. St. L.J. 951 (2018). Kimberly Kessler Ferzan. There are substantial disputes as to what sorts of behavior constitute coercion and thereby undermine consent. This disagreement was on full display during the public fray over Aziz Ansari’s behavior on a date. Whereas some commentators condemned Ansari’s behavior as nothing short of sexual assault, others believed his behavior did not rise to the level of undermining consent. This Article claims that the way forward is to see that there are two normative functions for coercion, and each is at play with respect to consent. Sometimes coercion is about the blameworthiness of the coercer, and sometimes coercion is about the involuntariness of the consenter’s choice. To deny the latter is not to deny the former. Because these are two disparate functions,…
Read More

Redefining Blight in Arizona’s Government Property Lease Excise Tax (GPLET) Abatement

2018, Current Issue, Print, Volume 50 (2018) Issue 4 (Winter)
50 Ariz. St. L.J. 791 (2018). Christopher Koester. The GPLET—controversial in both pronunciation and practice—has played a major role in financing some of Arizona’s most prominent commercial developments, including Phoenix’s CityScape and Renaissance Square and the Hayden Ferry Lakeside office complex in Tempe. The Arizona Legislature enacted the GPLET, officially the Government Property Lease Excise Tax, primarily as an economic development tool. The GPLET incentivizes development by reducing developers’ tax burdens by removing incentivized projects from the property tax rolls. Instead, developers pay an excise tax to the local government based on the type of project, and eligible projects in central business districts can be completely exempt from the excise tax for eight years. This period of exemption is called an “abatement.” Full Article
Read More

Retiring the One-Party Consent Statute for Long-Term Care Residents’ Rooms

2018, Current Issue, Print, Volume 50 (2018) Issue 4 (Winter)
50 Ariz. St. L.J. 1347 (2018). Lynsie Zona. A recent article in the Arizona Daily Star opened with a heartbreaking story: A woman learned that her father had not received a critical medication during a month’s stay at an assisted living facility. His health declined rapidly, and he died a few months later. The article featured an interview with a Tucson attorney, who noted that litigation often prompts long-term care facilities to make improvements. According to the attorney, “[i]f facilities are being looked at and watched more closely, they generally will attempt to do better.” But litigation comes too late for some families hoping to protect their loved ones. Instead, families may turn to technology to watch their relative’s facility more closely and ensure their loved ones are being cared…
Read More

Taming Unworkability Doctrine: Rethinking Stare Decisis

2018, Current Issue, Print, Volume 50 (2018) Issue 4 (Winter)
50 Ariz. St. L.J. 1215 (2018). Mary Ziegler. Unworkability, a factor in the Supreme Court’s analysis of stare decisis, has played a central role in recent blockbuster decisions, including Janus v. American Federation of State, County, and Municipal Employees, Council 31 and South Dakota v. Wayfair, Inc. Since the retirement of Anthony Kennedy, unworkability has taken on additional importance, especially since the Court seems more likely to reconsider decisions including Roe v. Wade and Planned Parenthood v. Casey. Despite the importance of unworkability jurisprudence, there is relatively little scholarship about its evolution or meaning. This Article offers an original legal history of the surprising relationship between abortion law and unworkability. Full Article
Read More

How to Clean a Sewer: Local and Federal Teamwork Can Reduce Phoenix’s Storm Water Pollution

2018, Current Issue, Print, Volume 50 (2018) Issue 4 (Winter)
50 Ariz. St. L.J. 1287 (2018). Andrea Gass. This Comment argues that the federal government is best positioned to mandate reducing nonpoint source pollution, and it should not further delegate this responsibility to the states. Governors, as well as state and federal lawmakers, face regular elections in the short term that constrain their ability to regulate the environment in the long term. Voters do not target longstanding, entrenched federal regulations, but they might lash out against new local regulations. Federal aid can give states and local entities support to advance storm water cleanup efforts such as green infrastructure. Cleaner storm runoff would improve Arizona water appropriators’ supplies or provide a clean, new resource to recharge critical aquifers. Full Article
Read More