A Public Trial: Cameras in the Courtroom

Arizona State Law Journal Blog
By Nicholas Ansel. On September 19, the British Supreme Court held oral arguments over the legality of Prime Minister Boris Johnson’s suspension of Parliament. The Prime Minister prorogued Parliament in order to sidestep any opposition to his plan for Brexit. The Court, in a landmark ruling on constitutional common law and separation of powers, held that the suspension was unlawful. Equally interesting was that over four million people livestreamed the first day of oral arguments, surely interested in an issue that has dominated public discourse. The British Supreme Court has been in existence for a decade, all the while permitting video recordings of its proceedings. So too has the Canadian Supreme Court permitted video recordings for about three decades. But in America, our Supreme Court does not allow any video.…
Read More

Comment on Brush & Nib Studio v. City of Phoenix

Arizona State Law Journal Blog
Paul Bender, Professor of Law, Dean Emeritus, and Former Deputy Solicitor General of the United States The United States and the State of Arizona both have laws that prohibit businesses that serve the public from refusing to serve customers because of the customers’ race, sex, religion, national origin, or disability. Neither law includes sexual orientation among the bases for refusal of service that are prohibited. Phoenix, Tucson, Tempe, and Flagstaff, however, have each adopted anti-discrimination public‑accommodations ordinances that do apply to discrimination on the basis of sexual orientation. On September 16, in a decision that has received national attention, the Arizona Supreme Court decided Brush & Nib v. City of Phoenix—a case raising the question whether Phoenix’s Ordinance could be used by the City to penalize the owners of a…
Read More

Restricted: How College Athletes May Find Their Sought Remedy in a New Jurisdiction

Arizona State Law Journal Blog
By Jake Abrahamian. In March 2019, the Northern District of California decided the much-anticipated case in re National Collegiate Athletic Association Athletic Grant-in-Aid Cap Antitrust Litigation (NCAA Athletic Grant-in-Aid). Plaintiffs in the case were current and former Division I college football and basketball players who sued the NCAA, the governing body for college athletics. Plaintiffs alleged that the NCAA violated antitrust laws by artificially capping the compensation that member athletes receive for their athletic services to NCAA schools. The court held that, although the NCAA did violate antitrust law, the appropriate remedy is uncapping only compensation related to education. This is a far cry from the remedy sought by the student-athletes who were hoping to lift all limits on compensation. For years now, student-athletes have taken to the courts to…
Read More

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

2019, Past Issues, 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
Read More

There Is No Such Thing as a Free Appropriate Public Education

2019, Past Issues, 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…
Read More

What if the Grand Canyon Had Become the Second National Park?

2019, Past Issues, Print, Volume 51 (2019) Issue 2 (Summer)
John Copeland Nagle February 26, 2019, was the one hundredth anniversary of Grand Canyon National Park. The Congress that established the park reported that “[t]he Grand Canyon has long been recognized as one of the greatest scenic regions of the world.” It is no wonder that the Grand Canyon became our fifteenth national park. Full Article
Read More

Agency Engagement with Stakeholder Collaborations, in Wildfire Policy and Beyond

2019, Past Issues, 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…
Read More

Guns, Knives, and Swords: Policing a Heavily Armed Arizona

2019, Past Issues, 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
Read More

The Proper Future of the Plain Smell Doctrine in Arizona: Concerns after State v. Sisco

2019, Past Issues, Print, Volume 51 (2019) Issue 2 (Summer)
Madeline Mayer High court decisions often result in unintended consequences, many of which courts either never contemplated or failed to fully appreciate. This Comment highlights some of the unintended consequences of the Arizona Supreme Court decision State v. Sisco and suggests several legislative solutions. Full Article
Read More