2019 – Arizona State Law Journal

When Life Gives You Lemons, You Ignore Them: The State of the Lemon Test After American Legion v. American Humanist Society

Dec 31, 2019

By Lauren Malm. The Establishment Clause and the Lemon Test The First Amendment provides that “Congress shall make no law respecting an establishment of religion.” Commonly known as the “Establishment Clause,” this clause prohibits government promotion or entanglement with religion…

Attempted Murder is Violent, Murder is Not

Dec 31, 2019

By Alexandra Klein.In August of 2019, the Ninth Circuit held in United States v. Begay that second-degree murder was not a “crime of violence.” You read that right. Second-degree murder is categorically not a crime of violence. The FactsIn 2013,…

Unconstitutionally Listed for Life?

Dec 20, 2019

By Sierra Brown. Case Study: Phillip B. v. McKay In 2018, Phillip B. worked as a caregiver at New Horizons, a group home for male children. On July 6, 2018, a fifteen-year-old resident of the home called the Arizona Department…

A Novel Solution to the Multiple Causation Problem

Dec 10, 2019

By Sterling Johnson. What is the proper method of allocating liability where A and B owe contract duties to C under separate contracts, and each breaches independently, and it is not reasonably possible to make a division of the damage…

The Supreme Court Begins to Hear the DACA Case

Dec 10, 2019

By Ava Esler. Background Deferred Action for Childhood Arrivals (“DACA”) was implemented by President Obama as a means to provide work authorization and prevent the removal of young undocumented immigrants brought to the United States as children. Since DACA was…

EA Sports, It’s (back?) in the Game

Dec 05, 2019

By Tyson Woodford. Background For me, O’Bannon v. NCAA (previously mentioned on this blog here and here) was a landmark case that impacted my daily life. Sure, it dealt with the NCAA profiting from the image and likeness of its…

Why the Fourth Amendment Should Apply to Visual Body-Cavity Searches

Dec 04, 2019

By Jay Dosad. Background In 2011, two hundred female inmates in an Illinois prison were marched to a beauty salon and a bathroom off of a gym. In full view of male and female cadets, correctional officers, and civilians, as…

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

Nov 27, 2019

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…

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

Nov 27, 2019

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…

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

Nov 27, 2019

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…

Year: 2019