Arizona State Law Journal Blog

Arizona Supreme Court Eliminates Peremptory Challenges

By Emily Tegley. Serving as a juror and jury selection are common plots in popular media. The legal thriller Runaway Jury, CBS television show Bull, and true crime anthology The People v. O.J. Simpson: American Crime Story, all dramatize jury selection and feature jury consultants

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Voter Confusion: Mi Familia Vota v. Hobbs

By Katie Giel. On October 5, 2020, U.S. District Judge Logan ordered that the voter-registration deadline be extended 18 days to October 23. The ruling was immediately appealed to the Ninth Circuit, where it was stayed on October 13, ending the voter-registration period on October

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Preventing Hate Crimes

By Shayna Frieden. Beginning around 5 p.m. on Tuesday, March 16, a shooter killed eight people at three different spas in and around Atlanta, Georgia. Six of the victims were Asian women. Although authorities have not yet confirmed a motive, these fatal shootings come amidst

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Resurgence of Executions at the State and Federal Level

By Brianna Pachuilo. After seventeen years without a single federal execution, the federal government resumed executing death-row inmates last summer in the midst of a global pandemic. This timing was curious with declining national approval of the death penalty and a nationwide battle to keep

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How To Get Away With Murder (If You’re Ultra-Wealthy)

By Gideon Cionelo. “No one is above the law.” Presidents, protestors, and prosecutors often repeat this talking point because it emphasizes fairness and equal justice—integral parts of any legal system. But is it true? Well, not always. If you’re ultra-wealthy, you can purchase access and

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Now Showing: Hollywood’s Legal Struggles Amid COVID-19

By Hanna Reinke. Introduction COVID-19 has upended seemingly every aspect of life as we previously knew it. With all fifty states issuing independent emergency declarations and the federal government invoking emergency measures of its own, a large portion of life outside of the home was

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Capital Punishment: We Should Aim For Progress Where We Can Get It

By Eric Wilkins. Arizona officials recently announced that they have acquired a supply of pentobarbital, a difficult-to-obtain lethal injection drug. Plans to resume executions will end the current period of nearly seven years without state-administered capital punishment. The ending of this long hiatus has, once

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Goodbye Rule 5.4: Legal Ethics Change in Arizona

By Joel Truett At the beginning of this year Arizona Ethics Rule 5.4 formally ended. The Arizona Supreme Court announced the elimination of the rule last year, and has since gone into effect on January 1, 2021. The rule prohibited partnerships between lawyers and non-lawyers

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Water? I Hardly Know Her!

By Alexandra Nathe. Fresh water is the Earth’s most precious commodity, and its scarcity has been asserted to be the root of every major social challenge. Drought conditions are consistently prevalent in the deserts of the Southwest and are becoming worse with climate change. Consequently, desert

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What Can States Do About Immigration?

By Lindsay Ficklin. In recent weeks, United States Customs and Border Protection (CBP) has begun releasing asylum-seekers into Yuma, Arizona, a small town on the United States–Mexico border. The releases follow a surge in border apprehensions coupled with detention centers reaching capacity due to social

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The Disturbing State of Prison Healthcare in Arizona

By Anna Boerwinkle. In 2017, Arizona state prisoner Walter Jordan called his daughter and told her he had severe skin cancer. In a Notice of Impending Death that he filed with the court, he claimed that he was being given insufficient healthcare and was suffering

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Transgender Equality in the Ninth Circuit: How the Court held in Parents for Privacy v. Barr, that transgender students are entitled to use school bathroom facilities associated with their gender identity.

By Sydney Finley.  Brief Background on Transgender Discrimination in the U.S. About 1.4 million transgender individuals live in the U.S., which is less than 1% of the total population. Despite these seemingly low numbers, however, transgender individuals face significant amounts of prejudice and discrimination, often

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Is the Death Penalty Coming to an End?

By Nyla Knox. After seventeen years without a federal execution, the U.S. Department of Justice recently executed thirteen people in a six-month period. In this six-month period, the federal government executed more than three times as many people than it did in the past six decades.

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What is a Consumer Privacy Ombudsman?

By Cole Cribari. A History of Protecting Customer Data The internet age and advancements in technology have completely transformed our society over the last forty years, causing corporations to radically change their business practices. Digital advertising is king and has created some of the most

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Delayed Disaster? Bankruptcy Filings and COVID-19

By John Butzer Introduction As the COVID-19 pandemic shut down businesses across the United States, many experts expected a flood of business and individual bankruptcy filings. Instead, in 2020, bankruptcy filings across all chapters were the lowest they had been in thirty-five years. Some have

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The Wild Wild West of Arizona’s Self-Driving Cars

By Tessa Patterson. Self-driving cars have always been a staple of the future. In this Jetson-esque paradise, cars would talk, deliver riders safely to their destinations, and, ideally, fly. Although cars have yet to hit the sky, Arizona continues to attract companies to its desert

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Bird Law in the United States—Is it Governed by Reason?

By Jillian Knox. According to Charlie Day, the noted but fictional bird lawyer in It’s Always Sunny in Philadelphia, “bird law in this country [is] not governed by reason.” Over the last four years, the Trump Administration seemed anxious to prove Mr. Day right—reinterpreting a

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Arizona Plays a Key Role in Shaping the Future of U.S. Voters’ Rights

By Jacinda Stephens The Democratic National Committee’s Challenges to Arizona Voting Policies In 2016, the Democratic National Committee (“the DNC”) unsuccessfully petitioned for preliminary injunctions to stop Arizona from enforcing two of its voting policies. The first policy involved out-of-precinct voting: under Arizona law, if

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California’s Ban on Exercising the Free Exercise Clause

By RivaLee Ferland Amidst these challenging and unprecedented times, many individuals have turned toward their faith for guidance. A major component to practicing a religion is attending in-person church services—many of which are held indoors. In an attempt to control the spread of COVID-19, states

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Biden, Bostock, and Anti-Trans Legislation in Arizona

By Alexandra Eagle. A Rise in Anti-Trans Legislation In the past year in the United States, state legislatures have proposed and passed a number of laws designed to limit or restrict trans folks’ (and especially trans youths’) access to healthcare and equal participation. More than

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The “Remain In Mexico” Program

By Iris (Yeonjae) Lim. The Trump administration dramatically changed the asylum system during the past four years, and with the new Biden administration, asylum seekers at the U.S.-Mexico border are hoping for a change. More specifically, many people are wondering what Biden’s administration is going

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The Presidential Inauguration: Duty or Tradition?

By Aurora Walker. Inauguration Day is a long-standing tradition in the United States, marking the transition of presidential power from one individual to another. It is typically surrounded by many officialinaugural events, culminating in the inauguration ceremony. On Wednesday, January20, 2021, Joseph Biden was sworn

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Clashes Between COVID-19 Measures and the Constitution Continue

By Renee Guerin. The Constitutional Challenges: Since the COVID-19 virus arrived in the United States in early 2020, federal and state authorities have implemented a variety of regulations aimed at slowing its spread. A number of the most successful regulations—like stay-at-home orders, travel restrictions, and

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Inoculating Businesses Against Liability: What Works for Arizona?

By Sean Krieg. Businesses’ liability protection from corona virus related claims has been a major point of contention in federal stimulus package debates. Firms point out—rightly so—that many small- and mid-sized businesses cannot afford to weather a large influx of claims during a pandemic-battered economy.

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Taylor v. Riojas: Qualified Immunity in 2020

Nathaniel Rubin, 1L It’s time for an overhaul of qualified immunity in America. Police misconduct, particularly relating to their use of force with communities of color, has been at the forefront of the national conversation for almost a decade. Society has been outraged by police

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Is Wrongful Imprisonment Worth Something?

It is hard to think of something more patently unfair than a person being convicted and imprisoned for a crime they did not commit. But that is exactly what happened in 1980 to Cathy Woods. Cathy spent nearly thirty-four years in prison in Nevada after

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Keep Your Friends Close, and Your Signatories Closer

By John Butzer. Introduction Can an individual who is not a party to a contract be bound to a limitation provision of that contract? In Arizona, the answer is no. Recently, the Arizona Supreme Court unanimously decided in JTF Aviation Holdings, Inc. v. CliftonLarsonAllen LLP

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The Prop 123 Debate: A Class of Its Own

By Jacinda Stephens. In July 2020, a heated debate over Proposition 123 (“Prop 123”) came to a close when the Ninth Circuit overturned a U.S. District Court decision on the matter. A year earlier, in March 2019, the U.S. District Court for the District of

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How Blockchain Will Transform Your Legal Practice

By Gideon Cionelo. Blockchain is a relatively new technology that is taking the world by storm. Almost every major government and Fortune 500 company is studying this technology as its potential uses in every-day life expand. The legal profession will not be immune to the

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Beyond the Ballot: Ensuring Your Vote Is Actually Counted

By Katie Giel. Election Day is tomorrow, November 3rd, and many Arizonans have already cast their ballots. Even so, a flurry of litigation in recent weeks that extended Arizona’s voter registration deadline, moved the deadline again, and sought to alter other deadlines and requirements has

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Voting Rights During a Historic Election Year

By Shayna Frieden. 100 years ago, Congress enacted the 19th Amendment granting women the right to vote. Today, voting rights are at the center of one of the most contentious elections in our nation’s history. Driven by the pandemic, voting by mail has not only

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CCPA, CPRA, and the Case for Federal Data Privacy Laws

By Mitchell Antalis. In the waning months of a decade characterized by the digitalization of nearly all aspects of life, giving rise to unprecedented concerns regarding data collection, misuse, abuse, breach, weaponization, and interconnectivity, and notwithstanding the exacerbation of these issues and others by a

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What Happens When the Arbitrator Is Biased?

By Iris (Yeonjae) Lim. Parties in a dispute have several options as to how they want to resolve their issues, and arbitration is one of those options for parties to manage their disputes without going to court. According to the American Bar Association (ABA), arbitration

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What is Arbitration and Why Should You Care?

By Cole Cribari. The general public almost never hears the word arbitration unless they’re watching news that involves a dispute between businesses, or they find themselves embroiled in a dispute where arbitration has been suggested or required as a method of settling the dispute. Arbitration

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THE BATTLE FOR SANCTUARY CITIES IN ARIZONA

By Anna Boerwinkle. In a 2016 campaign speech in Phoenix, Donald Trump promised supporters that he would stop providing federal funding to so-called “sanctuary cities.” Throughout his campaigns and presidency, his fight against sanctuary cities has been one of the many ideas he has espoused

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Guilty by Affiliation?

By Brianna Pachuilo. Introduction The Arizona Supreme Court recently decided in State v. Arevalo that an Arizona statute that increases criminal penalties based upon gang affiliation is unconstitutional. While many states have statutes that heighten charges for crimes committed to support gang activity, the Arizona

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Are All Threats Created Equal?

By Kole Lyons. Gangs have been documented in Arizona as early as the 1930s. Since then, gangs have increased in number and become involved in more criminal activities around the state. As violent crime in Arizona was reaching a peak in 2005–2006, the state legislature

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Is There a Valid Claim for “Fake News”?

By Madelaine Bauer. Background In the wake of an upcoming election, the Trump campaign has taken action and filed libel lawsuits against both the New York Times and the Washington Post. In February 2020, the Trump campaign began their suits by filing against the New

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Is There a Federal Right to Genetic Privacy?

By Victoria Romine. What is Genetic Genealogy? Ever since the 2018 capture of Joseph DeAngelo, California’s infamous Golden State Killer, genetic genealogy has been used to solve hundreds of unsolved crimes. Law enforcement uses genetic genealogy by submitting DNA from an unsolved crime to a

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Kobe Bryant’s Death: An Avoidable Tragedy

By John Oliver. Background Kobe Bryant’s death not only shocked the sports world but also the nation. Kobe was a professional basketball player who entered the National Basketball Association (“NBA”) straight out of high school in 1996. Kobe enjoyed enormous success throughout his twenty-year career,

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Infringement Suits: The Latest Trend in Fast Fashion?

By Samantha Orwoll. Fast Fashion Industry Fast fashion brands, such as Forever 21, ZARA, and ASOS, create a nearly constant stream of clothes. The brands promise the latest trends at affordable prices. Rather than create seasonal collections, they produce new offerings weekly and have thousands

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Stare Decisis: A Matter of Life and Death?

By Alanna Ostby. Background On October 16, 2019, the Supreme Court heard oral arguments for Mathena v. Malvo—a case rising out of a string of sniper-style shootings in 2002 that killed twelve individuals and injured six others in the D.C. metropolitan area. One of the

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Is Amendment No. 28 on the Horizon?

By Allie Karpurk. What is the Equal Rights Amendment? On January 27, 2020, Virginia became the thirty-eighth state to ratify the Equal Rights Amendment (“ERA” or “Amendment”). The ERA was written by the National Women’s Party in 1923 following the Party’s successful fight for women’s

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Arizona Answering Tough Questions Regarding Medicaid Work Requirements

By Sara Kizer. Ten states received approval from the Centers for Medicare and Medicaid Services (CMS) to impose Medicaid work requirements on beneficiaries to incentivize work and community engagement among non-disabled, non-elderly adult Medicaid beneficiaries. Through these requirements, states established minimum hours of working or

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Supreme Court to Decide Landmark Trademark Case in 2020

By Marissa Gibbens.In its 2020 cycle, the Supreme Court will review the 4th Circuit Court of Appeals’ decision in United States Patent and Trademark Office v. Booking.com B.V. The Court will decide whether the addition of the term “.com” can turn a generic term (such

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Attempted Murder is Violent, Murder is Not

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 Facts In 2013, Randly Begay was arguing

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Unconstitutionally Listed for Life?

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 of Child Safety (“DCS”), alleging

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A Novel Solution to the Multiple Causation Problem

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 caused by the separate breaches?

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The Supreme Court Begins to Hear the DACA Case

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 enacted by executive order in

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EA Sports, It’s (back?) in the Game

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 uncompensated student athletes, but to

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Do plaintiffs in data breach cases have a leg to stand on?

By Kacie Donovan. Data breaches and resulting amounts of compromised personal information are increasing rapidly. The FBI has said “[T]here are only two types of companies: those that have been hacked and those that will be. And even they are converging into one category: companies

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Supreme Court Kicks Off Controversial Docket

By Harman Dhanoa. On October 7th, 2019, the justices returned to the bench for what has been called “the most significant Supreme Court term in a decade.” The docket of 59 cases is set to cover high-profile matters including abortion, gun rights, LGBT+ rights, presidential

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Compensation of College Athletes: A Reward for Athletic Achievement or Bribe?

By Madelaine Bauer. For many years, there has been a crucial debate circulating the college athletics world—whether college athletes should be compensated, specifically, for their name, image or likeness. Circling back to 2009, the National Collegiate Athletic Association (“NCAA”) faced their first uproar of the controversy on college athlete compensation with

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Ninth Circuit Stays Federal Execution of Navajo Man

By Mike Brown. In October 2001, Lezmond Mitchell confessed to the murder of sixty-three-year-old Alyce Slim and her nine-year-old granddaughter. A jury convicted Mitchell and sentenced him to die for his crimes. Now, eighteen years after the killings, the Ninth Circuit has stayed Mitchell’s execution.

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PURPA’s Uncertain Future in Arizona’s Solar Energy Portfolio

By Cory Bernard. Post-hearing briefs filed last week in a matter before the Arizona Corporation Commission (ACC), plus a recent Federal Energy Regulatory Commission (FERC) Notice of Proposed Rulemaking, highlight fierce debates over a key weapon in solar developers’ arsenal. The Public Utility Regulatory Policies

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A Public Trial: Cameras in the Courtroom

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

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Comment on Brush & Nib Studio v. City of Phoenix

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,

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The opinions expressed herein are those of the individual contributors to the ASLJ Blog and should not be construed as the opinions of the
Arizona State Law Journal or the Sandra Day O’Connor College of Law at Arizona State University.