Arizona State Law Journal Blog

By Anthony Gonnella. On Halloween morning, October 31, 2022, the Supreme Court heard two cases challenging affirmative action policies in college admissions: Students for Fair Admissions v. President and Fellows of Harvard and Students for Fair Admissions v. University of North Carolina. Petitioners are asking the Court to reconsider the notion that universities may consider race in determining […]

By Clayton Kinsey. Water, water, water! If you follow the news, presumably you’ve run into a piece about the Colorado River and/or Arizona’s dire water situation. If not, many of my colleagues have highlighted important issues such as the consequences of Lake Mead’s Level 2a shortage, Arizona golf courses’ water usage, a “sweetheart” deal for […]

By Aidan Wright. Arizona has long suffered from poor educational performance compared to other states. As a result, reformers over the years have suggested various solutions to the problem. One such innovation is the school “voucher.” Since 2011, Arizona has offered vouchers to qualified students through the Arizona Department of Education’s Empowerment Scholarship Accounts (“ESAs”). […]

By Esther Gold. Beloved, timeless works of literature are now in jeopardy of banishment from the gates of public school curricula and libraries in Arizona. On September 24, 2022, House Bill 2495 (codified as A.R.S. §15-120.02) went into effect banning the use of or reference to sexually explicit materials in Arizona public schools. Exemptions arise […]

By Ashley Lin. The Supreme Court of the United States is hearing an Arizona death row prisoner’s appeal based on an Arizona Rule of Criminal Procedure. But the effects of the Justices’ decisions regarding this procedural rule could be unexpectedly profound and far-reaching.   John Montenegro Cruz was sentenced to death after being convicted of first-degree […]

By Jackson Pittman. A Housing Market on Fire Recent years have been chaotic for the housing market. All-time low mortgage interest rates and a relative shortage of homes resulted in widespread success for home sellers—and overwhelming frustration for buyers. Arizona has been a hotspot for the housing market and new residents. Despite relatively low population […]

While the most recent court order in Arizona’s post-Roe abortion saga brings momentary clarity, the reproductive rights of Arizonans remains in flux. In 1864, prior to Arizona becoming a state, the Arizona territorial legislature codified a law banning almost all abortions with no exceptions for victims of incest or rape. This law was passed by […]

By Jack Prew-Estes. Arizona is in the midst of a water crisis. Drought and overuse have parched the Colorado River and its attached reservoirs. As a result, Arizona must endure new water cuts this upcoming year. And while state legislators contemplate expensive solutions like desalination technology, the State Land Department has allowed a private company […]

By Kaleigh Cober. Directions: Pour a Cup of Empty Hope onto an Already Simmering Pan of Inadequate Education In what seems like a losing battle towards Arizona improving its education, could the solution be to lower the standard for teachers and not require a bachelor’s degree? Through a series of attempts to bolster an influx […]

By Tyler Miller. Peremptory challenges have struck out! Arizona is the first state in the nation to eliminate peremptory challenges to prospective jury members. A peremptory challenge is an objection to a proposed juror that can be based on any reason that is not discriminatory. In contrast, cause challenges require the party opposing the juror […]

By Reilly Cunnington. On July 5, 2022, the United States Department of Justice announced that it has filed a lawsuit against the State of Arizona. Specifically, the Civil Rights Division of the Department of Justice is challenging Arizona’s House Bill 2492 on the grounds that it violates Section 6 of the National Voter Registration Act […]

By Caitlin Brydges. The Fall of Roe and State Authority over Abortion Law  Prior to the Supreme Court decision in Roe v. Wade, upholding a constitutional right to abortion, Arizona law criminalized abortion unless it was necessary to save the mother’s life. The Roe decision declared this and similar state laws unconstitutional, and the law […]

By William Scoville. Golf has long been synonymous with the state of Arizona. While courses have populated the Valley of the Sun since the early 20th century, the game’s first big boom in popularity occurred following the end of World War Two with the development of Sky Harbor International Airport and President Eisenhower’s interstate highway […]

By Ashley Hutton. The Bureau of Reclamation (“Reclamation”) released its highly anticipated report in June, which delivered devastating, but unsurprising, news: The southwest is running out of water. The report highlighted the trajectory of reservoir conditions of Lakes Mead and Powell, the two reservoirs connected to the greater Colorado River system, and the forecast is […]

By Alexander Egber. At first blush, it might not be obvious why legislation coming out of the European Union is pertinent to Arizona residents. Europe is about 5,000 miles away, after all, and intuition suggests that a more appropriate focus would be on state and federal legislation. Nonetheless, a myopic focus at home might distract […]

By Aubrey Davis. Debbie and Joe Faillace opened their sub shop over 35 years ago in downtown Phoenix, within walking distance from the Arizona State Capitol. They have enjoyed watching the Capitol community grow and flourish over the years. When the couple’s children were young, they even expanded the shop to make a nursery for […]

By AnnaMarie Lively. Upon reaching the U.S.-Mexico border, a Sikh asylum-seeker who had left his country in pursuit of political asylum in America encountered Border Patrol agents who mandated that he surrender his belongings. Among these belongings were two valuable symbols of the Sikh faith. When he was ordered to remove his turban, the man […]

By Erin Jenkins.   In July 2022, Arizona Governor Doug Ducey ratified a law that makes it illegal for people to videotape within eight feet of law enforcement activity. Expected to go into effect in September 2022, critics argue the law limits transparency, decreases accountability, and restricts the public’s First Amendment right to free speech. News […]

By Nicholas Traver. The U.S. Food and Drug Administration (FDA) is once again demanding stronger safety regulations and increased funding for its regulation of the dietary supplement industry. This month, the FDA released its budget request for fiscal year 2023 totaling $8.3 billion. The budget proposal exceeds FY2022’s request by almost $2 billion and includes […]

By Joanna Jandali. In 2013, two Arizona parents’ lives were shattered when they learned that ISIS had taken their daughter hostage in Syria. Kayla Mueller grew up in Prescott, Arizona, attending Northern Arizona University where she received a bachelor’s degree in political science. From a young age, Kayla dedicated herself to helping others. In high […]

By Sydney Plaskett. On March 30, Arizona Governor Doug Ducey enacted a wave of controversial bills, one of which mandates documentary proof of US citizenship (DPOC) to vote in elections. While the law will likely be shut down in the courts, it could potentially cut off voting for at least 31,500 Arizona voters in the […]

By Kylie McNamara. This spring, I am participating in ASU Law’s Washington, DC program. During my time in DC, I had the opportunity to meet Michael Regan, Administrator of the Environmental Protection Agency (“EPA”), and hear him speak on different topics, including the new Bipartisan Infrastructure Bill. On November 15, 2021, President Biden signed this […]

By Sarah Doberneck. On March 1, 2022, the United States Supreme Court heard oral arguments in the case Kahn v. United States, which involves an Arizona doctor convicted of unlawfully prescribing controlled substances. Specifically, the doctor was convicted for an opioid pill peddling scheme. The case highlights the conflict between the government’s need to control […]

By Noah Goldenberg. Reauthorization of VAWA On March 15, 2022, President Joe Biden reauthorized the Violence Against Women Act (“VAWA”). VAWA’s reauthorization clarifies the limits of a debilitatingly narrow view of tribal criminal jurisdiction. Passed with bipartisan support in both chambers of Congress, VAWA recognizes Special Tribal Criminal Jurisdiction (“STCJ”) over non-Indians who commit “covered […]

By Luke Sower. On March 15, the U.S. Senate passed by unanimous consent the Sunshine Protection Act. This bill—if it passes the House and receives the signature of President Biden—would make Daylight Savings Time (DST) permanent across the United States. History of Daylight Savings Time Despite the story told to many American schoolchildren, modern Daylight […]

By Natalie Packard. Gas prices across the nation have been at a record high for the past several weeks. Inflation has been sharply rising for months, spiking as the U.S. cut off Russian oil imports after Russia’s invasion of Ukraine. In response to taxpayers’ frustration about the $4.33 gas price average, Arizona Senator Mark Kelly […]

By Matthew Adler. A High-Profile Case As many Arizonans have probably heard, the Supreme Court of Arizona recently invalidated a large and highly publicized piece of legislation known as Senate Bill 1819. The case, Arizona School Boards Association v. State, made waves in both the legal and non-legal communities and is notable for several reasons. […]

By Stefan Oakley. In Puente v. Arizona State Legislature, the Arizona Court of Appeals considered whether a group of non-profit organizations and Arizona residents (together, the Appellants) could hold the state legislature accountable, in court, for an alleged breach of Arizona’s Open Meeting Law (the “OML”). Appellants alleged that 26 members of the Arizona state […]

By Emily Tegley. When does a single criminal offense end and another begin? The Supreme Court addressed this issue in the recent opinion Wooden v. United States. THE ARMED CAREER CRIMINAL ACT In 1984, Congress passed the Armed Career Criminal Act (“ACCA”) to address repeat offenders. The ACCA applies to individuals who have three or […]

By Kristin Leaptrott. On March 3, 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFASA”). This law represents a significant “win” for the MeToo movement as it prohibits employers from enforcing mandatory arbitration agreements against employees bringing claims against their employers for sexual harassment or sexual […]