Arizona State Law Journal Blog

Supreme Court to Rule on Opioid Case Involving Arizona Doctor

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

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The Future of the Newly Revitalized Single-Subject Rule

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

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Rethinking Water Quality in a Drying World

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

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Bitcoin as Legal Tender?

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

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The Anatomy of an Anderson-Burdick Challenge

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

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Pour-Overs and Picket Lines: Mesa Starbucks Unionizes

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

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Welcome to the Future: We Got Fun and Games?

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

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The War on Cartels: Is Arizona Under Invasion?

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

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The Vaccine, the Workplace, and the Administrative State

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

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New Bill Seeks to Restrict Filming of Law Enforcement

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

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Food Truck Freedom, or Problematic State Preemption?

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

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APS’s Electric Feel – Bringing Potential Lawsuit?

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

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Pulling the Plug on Privatized Prison Health Care

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

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Clean Air and the Crossroads of Environmental Protection

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

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The Future of Critical Race Theory Education in Arizona

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.

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Arizona Judge Rules School Mask Mandate Ban Is Unconstitutional

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

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Cocktails To-Go: Arizona’s New Takeout Law for Mixed Drinks

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

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Arizona’s Water Woes

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

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Feeling Lucky?: Sports Betting Goes Live in Arizona

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

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Fishing for Golden Tickets in the Colorado River

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

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Afghan Evacuees Are Here: What’s Next?

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

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COVID-19 v. Expo2020: The UAE’s Legal Renaissance?

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

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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 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.