2011

The Arizona State Journal will soon publish an article written by Carlton F.W. Larson, Professor of Law at University of California, Davis, School of Law. Professor Larson clerked for Judge Hawkins during the 2000-2001 term. The article highlights Judge Hawkins’s democratic faith by examining his commitment to the American jury system. Professor Larson notes that "Judge Hawkins believes that juries—composed of ordinary citizens from all walks of life—generally do their jobs carefully and should remain at the heart of the American justice system." The article describes Judge Hawkins as the "nation’s leading judicial voice on the rights of grand juries" because he has "consistently resisted attempts to curb grand jury independence." The article examines Judge Hawkins' dissent in United States v. Marcucci,[1] and his en banc dissent in the 6-5 decision of…

The Arizona State Journal will soon publish an article written by Cassandra Burke Robertson, Associate Professor at Case Western Reserve University School of Law. Robertson's article addresses the recent trend in transnational legal outsourcing. International outsourcing has come to the legal profession. The ABA and other bar associations have given it their stamp of approval, and an ailing economy has pushed both clients and firms to consider sending more legal work abroad. This article integrates research from the fields of organizational behavior, social psychology, and economic theory to analyze the effectiveness of the legal outsourcing relationship. It identifies organizational pressures in the practice of law that affect how legal work is performed in a transnational context, and it examines how individuals on both sides of the outsourcing process influence the…

The Arizona State Journal will soon publish an article written by Thomas Healy, Professor of Law at Seton Hall Law School. Professor Healy clerked for Judge Hawkins during the 1999-2000 term. The article focuses on a dissent written by Judge Hawkins in Redding v. Safford School District. The controversial dissent was not the “easy” way of analyzing the case but demonstrated the integrity of Judge Hawkins. The case dealt with the strip search of an eighth-grade student. The case seemed clear on a superficial level, but Judge Hawkins delved into the facts to reach a contrary conclusion. Professor Healy commends the moderate tone adopted by Judge Hawkins recognizing the potential for reasonable minds to differ on such issues. Professor Healy also recognizes the value of the intense factual analysis undertaken…

  This article has been written by guest author Todd Williams, B.A. Bowdoin College, 2004; M.A., J.D., University of Washington, 2010. The field of Islamic finance has grown popular in the United States.  Scholars are discussing the implementation of Islamic banking as a result of, among other things, the meltdown of the Western financial system and studies showing a large untapped market of stable wealth among Muslims.[1] The use of Islamic banking products in the United States is certain to expand in coming years. Amid this enthusiasm, there are questions, among scholars and in Muslim communities, about whether products created within the confines of United States financial regulations that are marketed as “Islamic” are indeed in conformance with Shari’a, or Islamic law.[2] This disagreement is due, in part, to a lack…

The Arizona State Law Journal will soon publish an article by Lenni B. Benson. Professor Benson is a Professor of Law at New York Law School and a graduate of the Arizona State University College of Law. This article examines primarily the various immigration opinions of Judge Michael Daly Hawkins of the Ninth Circuit. The article also discusses Judge Hawkins’ contributions outside of his opinions, and evaluates needed reforms in the immigration process. Professor Benson begins with a discussion of the limitations placed on the immigration system by the bureaucratic process. The appeal process and internal working of the courts are discussed, with a strong focus on Judge Hawkins and the Ninth Circuit. Weaknesses of the process are pointed out and room for improvement is shown in various aspects of…

This article has been written by guest author Erica Goldberg, B.A., Tufts University, 2002; J.D., Stanford University, 2005. Earlier this month, the Foundation for Individual Rights in Education (FIRE), a nonpartisan nonprofit organization where I serve as the Justice Robert H. Jackson Legal Fellow, announced that Arizona State University (ASU) had become one of only 14 colleges and universities across the nation to receive our “green light” rating with regard to policies governing speech on campus. This distinction, earned by seemingly small revisions in ASU policy language, means that ASU no longer maintains any university policies that clearly and substantially restrict speech protected by the First Amendment. ASU joined the ranks of universities without unconstitutional speech codes by shifting its advertising policy applicable to student organizations from a mandatory requirement to…

This article has been written by guest author Russell G. Murphy, Professor of Law, Suffolk University Law School EXECUTION WATCH is an FM radio show out of KPFT 90.1 Houston, Texas.  Its unique character is that it only broadcasts on the day that the State of Texas executes a death row inmate.  On Tuesday, February 15, one of these inmates, Michael Wayne Hall, was put to death by lethal injection.  EXECUTION WATCH was live and on the air that night.  Outside of the show and its listeners, no one really paid any attention.  Yet, this execution illustrates much of what is wrong with the practice of capital punishment in the United States. I was asked to appear on the February 15 program to talk about my book VOICES OF THE…

Arizona State Law Journal is previewing its upcoming articles in the spring publication.  This article is written by third-year student, Rob Gordon. This article proposes a series of amendments to the Federal Arbitration Act (FAA) (9 U.S.C. §§ 1-16) to increase consumer protection. The article is drafted, in part, to address abuses designed to exploit loopholes in the FAA.  These abuses were spotlighted by the Minnesota Attorney General in a lawsuit against the National Arbitration Forum (NAF), formerly, the nation’s largest consumer arbitration firm. The Minnesota lawsuit alleged that the NAF partnered with consumer debt firms to perpetuate a “rigged-game” against the American consumer. Allegedly, the NAF colluded with the debt-collection industry by accepting a massive capital infusion, paying commissions to business leaders to include mandatory arbitration agreements in consumer contracts,…

Arizona State Law Journal is previewing its upcoming articles in the spring publication.  This article is written by third-year student, Sara Cummings. In the summer of 2009, a crime of sexual violence took place in Phoenix that sent shock waves into the local community. Tragically enough, the victim was an eight year old girl, but the assailants who raped her were also alarmingly young: four boys ranging in age from nine to fourteen. The crime raised implications far beyond Phoenix. Both the victim and her attackers were refugees from Liberia, a country with a troubled history marked by violent atrocities, including fourteen years of recent civil war in which rape and sexual violence were used by factions on all sides as tools for terror and control. Whatever may have motivated the…

Friday, February 18, Judge Hawkins and a panel of his former and current clerks will discuss the clerkship experience. The event will begin at 12:15pm in room 105. Career Services will provide clerkship application information. The Judge and panelists will take questions from students. Thursday, March 10, the MCBA Diversity Committee is hosting a panel on the importance of Journal experience. The event will begin at 12:15pm in room 105. The MCBA panelists will take questions from students. Lunch provided by Quarles and Brady. Thursday, March 24, the Arizona State Law Journal is hosting an open house. Interested in learning more about Law Journal? Come visit the Law Journal office and meet with current members. The open house will begin at 12:15pm. Lunch provided. Thursday, April 7, the Arizona State…