Arizona State Law Journal Blog

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

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

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

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

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

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

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

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

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

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

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

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

By Julianne Baggett. A day before the International Transgender Day of Visibility, Governor Douglas A. Ducey signed two anti-trans bills into law: Senate Bill 1138 (“SB1138”) and Senate Bill 1165 (“SB1165”). Previously, SB1138 had died in committee after the Senate Health and Human Services Committee

By Chloe Plaisance. Earlier this year, members of the Arizona legislature introduced House Bill 2112, a bill regulating classroom instruction that prohibits educators from teaching Critical Race Theory (“CRT”). This comes just months after a CRT ban was stricken from the annual state K–12 budget

By Nicholas Hodder. The San Pedro River flows northward from the mountains in Sonora, Mexico, crosses the border into Arizona, and continues 140 miles to its confluence with the Gila River in Winkelman, Arizona. It is the last major, undammed desert river in the American

By Keith Knight. In January 2022, an Arizona State Senator, Wendy Rogers, introduced SB 1341, a bill which seeks to amend the Arizona Revised Statutes to add Bitcoin as a legal tender in Arizona. Thus far, only one jurisdiction in the world has taken the

By Kristina Major. On February 2, 2022 people across the United States celebrated the 36th annual National Girls and Women in Sports Day, commemorating Title IX’s 50th anniversary. This year, the day followed weeks of discussions surrounding the fact that many cheer, dance, and spirit

By Alexander Egber. It’s hard to find a more contentious issue in American politics today than voting rights. Most of the media’s attention on the topic has justifiably focused on the current Congress’s effort to pass federal voting rights legislation that would supersede the Supreme

By Kaylee Racs. On February 25, employees at a Mesa, Arizona Starbucks voted 25–3 in favor of unionizing their store. The Starbucks, located at Power and Baseline roads, became the third company-owned store across the nation, and the first outside of New York, to organize

By Gabriela Berigan. The 2020 election caused a severe divide between the political parties. This divide was more notable in swing states, which ultimately decided the results of the election. Trump challenged these states on multiple instances but was unsuccessful on all but one occasion.

By Turner Smith. Arizona Senate Republicans narrowly voted to pass Senate Bill (“SB”) 1164 on February 15, 2022. SB 1164 bans abortions after 15 weeks. SB 1164 advanced to the House where it received its first read on February 28, 2022. With a very slight

By Michael O’Neill. Grant Woods passed away on October 23, 2021. I first learned of his passing when my professor, 9th Circuit Judge Andrew Hurwitz took a moment at the end of class to reflect on Grant’s legacy. Judge Hurwitz knew Grant professionally for many

By Oscar Porter. February 2022: Phoenix Police ambushed and shot. Several law enforcement officers were ambushed in South Phoenix last month, continuing a trend of violence against police that stretches back almost two years. The ambush occurred during an attempt to rescue a young woman

By Alicia Curti. Most consumers in the United States own a cell phone and use it regularly for various purposes, including location and navigation services. Among the most popular cell phones are Google’s Android devices. Some more tech savvy consumers, if they want to be

By Kelsey Weinman. On January 24, 2022, the Supreme Court granted certiorari on two cases challenging affirmative action in college admissions: Students for Fair Admissions v. President and Fellows of Harvard and Students for Fair Admissions v. University of North Carolina. The Supreme Court has

By Avery Cartwright. Sarah Palin, former governor of Alaska and 2008 vice presidential candidate, filed suit against The New York Times in federal court after the Times published a 2017 editorial that erroneously connected her to the January 2011 mass shooting near Tucson, Arizona. Although

By Spencer Shockness. It goes without saying that the COVID-19 pandemic has impacted the world in a variety of ways. For Arizona courts, the pandemic and the shut-downs accelerated the already existing backlog of cases. In response, Arizona courts made efforts to remedy the backlog,

By Emilio Giuliani III. As a young child in elementary school, only a few years ago, I remember when a teacher asked my class what kind of exciting marvels the future might bring. The predictions ranged from self-driving robot cars and ultra-intelligent computers to new

By Dewey Warner. By a 5–4 vote, the U.S. Supreme Court issued an order on February 7 granting an application for a stay in Merrill v. Milligan. The Alabama case is the first challenge to a congressional map to reach the Court during the latest

By Savannah Wix. Drug and human trafficking across the Mexican border have long been major concerns for Arizonans. For instance, in December 2021, Scottsdale Police and the DEA seized $9 million worth of fentanyl pills and ten kilograms of powdered fentanyl, the trafficking of which

By Zachary Levy. Bankruptcy serves to provide a “fresh start” to individuals facing financial hardship. However, for those facing claims by multiple creditors for excessive debts, this new beginning might also mean “ground zero.” To avoid this result and protect a debtor’s equity in certain

By Benjamin A. Longbottom. Water Woes in Rio Verde Foothills. Most of Arizona is experiencing some level of drought. In a wealthy suburb north of Scottsdale, the drought is revealing latent problems associated with decades of poor urban planning. Rio Verde Foothills (“RVF”) grew rapidly

By Miranda Martinez. For decades, the National Collegiate Athletic Association (“NCAA”) has prohibited its student-athletes from accepting money in an effort to preserve amateurism—the pillar upon which the NCAA aims to differentiate itself from professional sports. Top NCAA Division I schools generate nearly $8.5 billion

By Maria McCabe. Here we are, approaching the third year of a global pandemic. COVID has killed over 915,000 Americans, left others with “long COVID,” and has had devastating effects on student learning outcomes. We likely have many months ahead of masking, quarantining, and testing

By Abigail Knox. In light of recent controversies and conspiracy theories, Arizona’s legislature is working through a flood of election-related bills, from changes to polling procedures to constitutional amendments regarding direct democracy provisions. In the spirit of Arizona’s 110th statehood day, a look at our

By Matt Lutz. Earlier this month, a new bill was introduced in the Arizona House of Representatives to restrict how and where people can film police activity in Arizona. HB 2319, sponsored by former police officer John Kavanagh, would make it illegal to video record

By Kylie Horne. On January 21, 2022, Arizona Governor Doug Ducey sued the Biden administration in an ongoing battle over Arizona’s use of American Rescue Plan funds for schools that do not mandate masks or utilize virtual learning, even in the face of large COVID-19

By Claire Newfeld. A Phoenix couple is considering divorce and wants to ensure the best outcome for their children. A criminal defendant in Tucson has been charged with a low-level misdemeanor, and paying the fine if convicted would burden them financially. A tenant in Flagstaff

By Ben Martin. I suppose requiring all high school gym teachers to bench press 250 pounds might in some sense increase the quality, or at a minimum, the strength, of the average gym teacher. Requiring all high school English teachers to have a Ph.D. in

By Sean Krieg. If you’ve traveled in the last decade, you have likely considered staying in a short-term rental.  Largely due to the success of peer-to-peer rental platforms like Airbnb and Vrbo—which digitally connect property owners with potential renters—short-term rentals now make up nearly a

By Spencer Shockness. Who can take a sunrise? Sprinkle it with dew? Add a taste of chocolate and make an e-cigarette or two? Not the Candy Man, nowadays, but the large vape brands can. The modern state of the tobacco industry encourages us to ask

By Sean Krieg. In October 2021, the Mayor, Councilmembers, and City Manager of Mesa received a threat. It was not sent by an anonymous troublemaker nor was it from a disgruntled citizen. Instead, it was sent by three members of the Arizona State Legislature. They

By Gabriela Berigan. In 2019, Arizona Public Service (APS) filed a Rate Application with the Arizona Corporation Commission (ACC), in which APS requested an increase to the  rate it can charge customers for usage. It requested an increase of around 5%, to recover $215.5 million

By Alicia Curti. Does copyright law apply to data stored by automobile dealers? The Ninth Circuit addressed this question in CDK Global v. Brnovich, which arose from a new state law requiring automobile dealerships to share certain data with third parties. The Circuit Court upheld

By Dewey Warner. On October 29, the Supreme Court agreed to hear West Virginia v. Environmental Protection Agency. The case, a consolidation of four cases brought by coal and energy companies and Republican-led states, will scrutinize the power of the Environmental Protection Agency (EPA) to

By Ben Martin. WikiHow’s fantastic How to Get Out of a Gym Contract reads with the regulatory complexity you might expect from a law class on energy or taxes. And yet it’s a complexity that the consumer may encounter when trying to cancel a gym

By Stefan Oakley. The Arizona Supreme Court, in Dinsmoor v. City of Phoenix et al., ruled that schools do not typically owe a duty of care to students who experience violence and/or injury after school. Rather, the duty a school owes to its students is

By Joanna Jandali. [TW: this blog post contains graphic descriptions and content related to suicide.] “Notice of Impending Death.” This was the title of a handwritten message sent to a federal district court judge on August 29, 2017. The author, Walter Jordon, was a 67-year-old

By Sarah Doberneck. Defective products pose a risk of personal injury and property damage to consumers. Because of this, manufacturers and sellers have been held liable for injuries arising from these items for well over a century. Yet, as technology advanced and led to the

By Julianne Baggett. On October 18, 2021, the U.S. Supreme Court issued two per curiam opinions extending qualified immunity protections to law enforcement officers accused of using excessive force—one case coming from the Ninth Circuit and the other from the Tenth Circuit. These opinions come

By Nick Hodder. The United States Supreme Court recently agreed to take a closer look at the Environmental Protection Agency’s (“EPA”) statutory authority. Specifically, the Court agreed to hear four cases challenging the agency’s power to limit CO2 emissions from coal power plants. The actual

By Matt Lutz. As of September 29, Arizona allows community colleges to offer four-year degrees. Senate Bill 1453 (SB 1453), which was signed into law by Governor Ducey on May 4, 2021, was intended to expand access to higher education among historically underrepresented populations. However,

By Claire Newfeld. Coined by renowned lawyer and civil rights advocate Kimberlé Crenshaw, critical race theory is a body of scholarship and an academic movement anchored in the premise that the social construction of race, along with racial bias, permeate American institutions, laws, and policies.

By Avery Cartwright. Did you know that you can now buy stock shares in Bitcoin on the New York Stock Exchange (NYSE), simply by using any stock brokerage app? Last week, ProShares launched an exchange-traded fund linked to Bitcoin futures. This means that people can

By Benjamin A. Longbottom. Introduction Western water insecurity. Ninety percent of the Western United States is experiencing severe drought. Lake Mead is at its lowest level since the Hoover Dam was built in the 1930s. The recent declaration of a shortage on the Colorado River

By Chloe Plaisance. Introduction In November of 2020, Arizona voters passed Proposition 207, also known as the Smart and Safe Arizona Act (the “Act”), which legalized adult-use marijuana for individuals 21 and older. Proposition 207 defines the terms of legal possession of marijuana and sets

By Abigail Knox. On October 13, a Ninth Circuit judge approved a settlement agreement that holds the Forest Service accountable for protecting Arizona’s watersheds and the endangered species that live there from the damage of domestic livestock grazing. For environmentalists, it’s like Groundhog Day: decades

By Zach Levy. Introduction             COVID-19 vaccines have been widely available for almost a year. On August 23, 2021, the U.S. Food and Drug Administration (FDA) approved the first COVID-19 vaccine for individuals of 16 years of age and older. The Centers for Disease

By Gordon Siu.             In recognition of their sacrifices, the United States provides monthly compensation to veterans who incur a disability connected to their active-duty military service during a congressionally defined period of war. These benefits are managed by the Department of Veterans Affairs (“VA”).

By Sydney Plaskett. On September 27, Arizona Superior Court Judge Katherine Cooper ruled that the recent Republican-backed budget plan, which included a ban on school mask mandates, is unconstitutional. The budget plan included not only COVID-19 related mandate bans, but also anti-fraud election proposals and

By Michael O’Neill. History of the Art The United States Supreme Court recently granted certiorari in the case of Cassirer v. Thyssen-Bornemisza Collection Found., 862 F.3d 951 (9th Cir. 2017). Cassirer’s grandmother owned Rue Saint Honoré, après-midi, effet de pluie, oil on canvas, 81 x

By Turner Smith. The National Labor Relations Board (“NLRB”) has again directly challenged the NCAA’s notions of amateurism. It leveled the latest attack on September 29, 2021. Jennifer A. Abruzzo, the NLRB’s General Counsel, issued a memorandum which emphatically declared that “scholarship football players at

By Oscar Porter. According to the Arizona Restaurant Association, the COVID-19 pandemic wiped out around 1,000 to 1,200 Arizona restaurants in 2020. Last year, in order to help restaurants stay afloat, Governor Ducey relaxed rules around serving to-go cocktails, specifically for restaurants. Now, restaurants have

By Matthew Adler. On October 1, 2021, Arizona lost 18% of its annual Colorado River water allocation. This cut, amounting to 512,000 acre-feet of water per year (equivalent to over 150 billion gallons), is a result of the Department of the Interior’s recent declaration of

By Savannah Wix. Last April, Arizona Governor Doug Ducey signed House Bill 2772 into law, joining 25 other states and the District of Columbia in legalizing sports gambling, ushering in a new era for Arizona sports fans. However, the Yavapai-Prescott Indian Tribe recently challenged the

By Noah Goldenberg. You may have heard that Arizona is disallowing peremptory challenges starting January 1st, 2022. If you missed the news, make sure to read Emily Tegley’s post on how peremptory challenges work and why it is so significant that Arizona is disallowing them.

By Kelsey Weinman. On May 19, 2021, Texas Governor Greg Abbott signed into law Senate Bill 8 (S.B. 8), also known as the Texas Heartbeat Act. SB 8 effectively bans abortion in Texas as it prevents abortions after about six weeks of pregnancy, often before

By Kaylee Racs. In November 2020, citizens of Arizona voted to pass Proposition 207, otherwise known as the Smart and Safe Arizona Act (SSAA). In addition to legalizing recreational marijuana use for adults 21 and older, the SSAA contained a provision (now codified as A.R.S.

By Luke Sower. Say goodbye to dinner and a show, and say hello to dinner and a check for $300. On August 23, the National Park Service (NPS) announced a two-month long increase in the bonus payments for participation in its Brown Trout Incentivized Harvest

By Kylie McNamara. Over the past few weeks, the world has watched chaos unfold in Afghanistan. The Taliban has taken control of the country, causing Afghan men, women, and children to flee. The media shared images of desperate scenes at Kabul’s airport where an explosion

By Miranda Martinez. Elizabeth Holmes dropped out of Stanford at the age of 19 to start Theranos, a startup that promised to revolutionize blood testing forever. Theranos sought to reinvent the blood-testing industry by creating a technology that could test for dozens of health conditions

By Kylie Horne. A taking is when the government seizes private property for a public use. On July 26, 2021, the Supreme Court decided Cedar Point Nursery v. Hassid that addressed the question: Is there a Fifth Amendment “taking” when a state regulation allows union

By Emilio Giuliani III. For nearly a decade, Expo2020 has been the anticipated event in the United Arab Emirates (UAE). Since 2013, billboards at Dubai International Airport, the world’s busiest international airport, have welcomed tourists to a global get-together years in the making. As a

By Maria McCabe. At the end of last month, the United States’ 20-year war in Afghanistan ended with the chaotic evacuation of over 120,000 people from the Kabul airport, including U.S. citizens, Afghans, and citizens of other countries. What happens next presents intertwined logistical and

By Nicholas A. Traver. On August 26, in Alabama Association of Realtors v. Department of Health and Human Services, the United States Supreme Court vacated the Center for Disease Control’s (“CDC”) eviction moratorium. The Court held that the CDC’s reliance on section 361 of the

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

By Kristin Leaptrott. Over the past several weeks, students have returned to university campuses across the country after a year and a half of virtual (or at least partially virtual) instruction. For many of them, the joy of in-person learning has come at a price:

By Natalie Packard. On August 19, 2021, the Arizona Supreme Court in Fann v. Arizona allowed the Invest in Education tax initiative to stand while the lower state court decides if the tax revenue will surpass the state constitutional limit. While this may seem like

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

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

By Kole Lyons. In January 2021, a coalition of Idaho legislators introduced H.R. 320, The Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2021. This proposal would leave the Ninth Circuit covering California, Guam, Hawaii, and the Northern Mariana Islands. Meanwhile, the proposed

By Stephanie Deskins.  Call for COVID-19 Vaccine Passports As the pandemic rages on, lawmakers across the country are desperate to reopen their communities and their economies. New York State introduced the digital “Excelsior Pass” in March, allowing individuals to regain access to popular venues after

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

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

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

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

By Andrew Kudlinski On March 22, a gunman opened fire at a grocery store in Boulder, Colorado, killing ten people. The shooting occurred soon after another gunman killed eight people at three different spas in Atlanta, Georgia. The horrifying attacks have reignited a long-unresolved debate

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

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

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

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

By Danika Marzillier. INTRODUCTION Early in 2021, the Arizona legislature was set to hear several bills that would impose regulations on groundwater pumping in rural areas. However, these bills never made it out of committee, or were lost on a vote in the House. The

By Mitchell Antalis A series of four federal appellate court decisions in 2020 created a new circuit split regarding the legality of a Trump-era immigration rule adopted by the Department of Homeland Security (“DHS”) that altered the grounds for “public charge” inadmissibility determinations for noncitizens.

By Elyse Pendergrass. The U.S. Court of Appeals for the Federal Circuit created shockwaves when it ruled in October 2019 that administrative patent judges are unconstitutional as currently appointed. On March 1, 2021, the Supreme Court heard oral arguments in United States v. Arthrex, Inc.,

By Brie Alford. At the close of 2020, Congress enacted the long-awaited No Surprises Act, a bill providing federal protections against surprise medical bills. The Act will fill gaps in protection caused by states’ patchwork legislation and help prevent American families from incurring crippling medical

By Catherine Swett. On February 26, 2021, the U.S. House of Representatives passed a bill that would protect nearly 3 million acres of public lands in the West. The Protecting America’s Wilderness and Public Lands Act is a collection of eight different public lands bills,

By Sarah Brunswick. Climatechange has had a rough few years. Last year, California saw a historic fire season, and Arizona had its hottest summer on record. Texas was recently devastated by an extreme winter storm that left millions without power or running water, and the

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

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.

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

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

By Maria Raciti. “I’m here live. I’m not a cat.” Coming home from a particularly grueling day at law school (but I mean, what else is new?), I headed to bed with a tub of ice cream in tow. I was all set to binge

By Madison Leake. Arizona, once the state with some of the harshest marijuana laws in the country, has now legalized marijuana for recreational use. While the proposition passed after the November 2020 election, it was not until recently (the end of January) that the Department

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

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

By Andrew Jacobsohn. Amidst the constant barrage of unprecedented and breaking news in the post-2020 election and pre-inauguration season, it was easy to miss a less-notable first: on January 1, 2021, Congress overrode a then-President Trump veto for the first (and only) time of his

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

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

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

By Jacob Pierce.  For the first time in 35 years, the United States Supreme Court will hear an antitrust matter involving the National Collegiate Athletic Association (“NCAA”). On March 31, 2021, the Court is set to hear oral arguments in a case called NCAA v.

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

By Chandler Smith. The Securities and Exchange Commission (“SEC”) requires companies to provide shareholders with proxy statements containing information they can use to make informed decisions at annual meetings. Institutional Shareholder Services, Inc. (“ISS”) is a proxy advisory firm that shareholders and investors use to

Introduction With the pandemic wreaking havoc across the country and social justice rightfully occupying the spotlight of the last months, the 2020 Presidential Election focused primarily on the issues of COVID-19 response, economic recovery, and criminal justice reform. However, the often-discussed issue of immigration has

By Molly Walker. The beginning of 2021 was met with a continual rise in cases of COVID-19 across the United States, and Arizona was no exception. According to the Arizona Department of Health Services, there were 758,404 active COVID-19 cases as of January 31, 2021—a

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

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

Introduction As of January 29, 2021, over 500,000 Arizonans have received at least one dose of the COVID-19 vaccine. However, the state is still reporting over 4,000 new cases of COVID-19 per day and has remained number one in the U.S. for new cases per

By Taylor Hamel. Though the sun was not blazing over Arizona’s desert landscape on the chilly afternoon of January 22, 2021, the state’s residents were. That is because January 22 was the first day of the legal sale of recreational marijuana by licensed dispensaries in

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.

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

By Joanna Jandali. Suffice to say, 2020 was a year of reckoning. From a global pandemic to a severe economic downturn to record-breaking natural disasters, this past year was defined by one destabilizing shock after another. Yet, what has remained consistent throughout this turbulent time

By Joel Truett. The Case In the wake of this year’s presidential election, President Trump promised to take legal action to challenge the counting of the vote in several states.  Cases have been brought across the country, with supporters of the President continuing to argue

By Stephanie Deskins. On September 22, 2020, the Arizona Supreme Court heard oral arguments in the case of Jessie D. v Department of Child Safety, F.V., M.D., M.D., C.D. The juvenile court terminated Jessie’s parental rights to his four children because he is currently serving

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

Today, nearly half of American workers are working from home full-time. As COVID-19 cases across the country and in Arizona specifically continue to rise, it is clear that working from home is the new normal. Teachers are lesson planning from their living rooms, therapists are

By Sarah Brunswick. Before a chunk of coal or beam of sunlight can charge a phone or brew coffee, electricity must first be made (generation), transported to your area (transmission), and delivered to your home (distribution). Electric utilities make this happen for the smallest of

By Tessa Patterson. Phoenix-based startup Nikola Motor Company (“Nikola”) has risen to the top. Nikola was once valued at more than Ford Motor Company buthas since endured bumpy roads, including a patent lawsuit with fellow electric car competitor, Tesla. The most recent roadblocks comes in

By Renee Guerin. Native Voters at the Forefront of the 2020 Election The recent presidential election underscored the importance of an often-overlooked group—indigenous voters. Multiple news outlets lauded Native voters as key to President-elect Biden’s narrow victory in decisive states like Wisconsin and Arizona. One

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

By Eric Wilkins. E-cigarettes, or “vapes,” have been climbing in popularity since they first arrived in American markets in 2007. Originally, vaping was proposed as a “healthier” alternative to smoking traditional cigarettes. In recent years, marketing strategies of e-cigarette vendors have, seemingly, increasingly targeted minors

By Aurora Walker. With a global pandemic, a massive economic slump, widespread civil unrest, and a contentious presidential election, the year 2020 has turned up the heat on political drama in America. To top all of this off, President Trump added even more fuel to

By Molly Walker.  At the end of October 2020, the CDC reported nearly nine million COVID-19 cases and over 200,000 COVID-19 deaths in the United States. The positive case count for individuals with COVID-19, the coronavirus disease, continues to soar. The unprecedented nature of the

  By Catherine Swett. Jaguars once ranged across a large portion of the United States, through California, Arizona, New Mexico, Texas, and even as far as Louisiana. But their numbers declined throughout the 20th century until they were only found in remote areas of Arizona

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

By Elyse Pendergrass. Access to healthcare has become a touchstone topic in recent elections, with arguments for and against Medicare for All taking center stage. However, there are groups of people for which a single-payer healthcare system would not remedy inequities in access to care.

By Jillian Knox. Is there a Fourth Amendment “seizure” when police shoot a fleeing suspect who is injured by the bullets but does not stop? On October 14, 2020, the United States Supreme Court heard oral argument for Torres v. Madrid, a case that addresses

By Nyla Knox. Gig Economy giants Uber and Lyft have undoubtably transformed our society. The self-proclaimed tech platforms have provided a flexible work option to about two million drivers in the United States, who are afforded flexibility and discretion in creating their work schedule. However,

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

By Hanna Reinke. From the early months of 2020, COVID-19 has wreaked havoc all across the world. In September, the United States alone surpassed a staggering 200,000 deaths related to the virus. While public health experts continue to work feverishly to implement policies that will

By Jennifer D. Oliva & Valena E. Beety. The widespread global transmission of SARS-CoV-2, the novel coronavirus that causes the disease COVID-19, has altered, injured, and ended the lives of numerous individuals across various communities and nations. It has been well-documented that certain long-neglected populations

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

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

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

By Brie Alford. The contentious battle over mail-in ballots continues as the United States Supreme Court recently announced its plans to review an Arizona voting law. The so-called “ballot-harvesting law” bars anyone other than a family member or caregiver from returning a voter’s absentee ballot.

By RivaLee Ferland. COVID-19 has engulfed the globe in a seemingly endless storm—a storm that leaves trails of litigation in its wake. When the pandemic reached the point of university closures in Arizona, students were halfway through their spring semester. What started as students leaving

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

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

By Chandler Smith.  Arizonans should expect to see recreational marijuana legalized in the coming months. Whether this change comes in the form of a statutory amendment through HB 2871, HB 2657, or by ballot initiative through the “Smart and Safe Arizona Act,” it is on

By Drew Kudlinski. COVID-19’s legacy will likely be the all-touching and absolute disruption to normal life. That disruption has not been isolated from the core of our democratic process. While uncertainty reigns supreme in 2020, it is certain that a massive surge of alternative voting

By Taylor Hamel. During times of crisis, there are things that people cannot live without. In the wake of natural disasters, for example,those things include groceries, bottled water, and gasoline. Because those kinds of goods are necessary for survival, sellers can charge whatever they want