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
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
By Maria Raciti. As a woman who was raised in a family of nine, seven women and two men, I grew up thinking that girls, as Beyoncéso flawlessly puts it, “run the world.” Much to my father and brother’s dismay, the girls truly dominated.
By Jacob Pierce. BACKGROUND One of the leading publications on tax related issues, Kiplinger, in a recent state-by-state guide, named Arizona the ninth best tax state (i.e., most friendly) for individuals and businesses. Kiplinger measured this success by looking at a sum of sales, income,
By Danika Marzillier. THE ENDANGERED SPECIES ACT AT THE FEDERAL LEVEL The Endangered Species Act of 1973 (the “Act”) is one of the United States’ largest pieces of conservation legislation and was enacted with the purpose of protecting vulnerable species and their habitats. Not only
By Hannah Eaton. ExaminingSatanic Temple v. City of Scottsdale On February 8, 2016, Jeremy Zarzycki called Kelli Kuester, an assistant to the Scottsdale mayor, to ask that the Arizona chapter of the Satanic Temple organization be added to the Scottsdale City Council’s invocation schedule. Normally,
By Roman Buss. Introduction In recent months, the President has issued several proclamations that affect not only United States citizens, but also groups of students and workers who call this country home. Immigration has repeatedly proven to be a divisive political issue in this country,
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
By Alexandra Nathe. Every lawyer has a duty to promote equal access to our justice system and advocate for improvements to the law. The Model Rules of Professional Ethics were created to codify this and other legal duties while acting as a guide to ensure
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
By Madison Leake. On August 27, 2020, Tom Hatten, owner of Mountainside Fitness, opened the gym’s doors to the public despite the fact that the application to do so had been explicitly denied. This act of rebellion highlights the face-off between local business—particularly fitness centers
By Alexandra Eagle. In the last few months, the COVID-19 pandemic has spurred heated debate over how best to ensure safe and equitable access to voting. Not only has the current public health crisis exacerbated many of the social concerns already implicated in discussions about voters’
By Andrew Jacobsohn. In an effort to combat the surge of COVID-19 cases in Arizona over the summer, GovernorDoug Ducey (R) on June 29 issued the executive order “Pausing of Arizona’s Reopening—Slowing the Spread of COVID-19,” which, among other provisions, shut down bars until at least
By Abby Dockum. In Iran, 85,000 prisoners—nearly half the prison population—have been released in response to the coronavirus pandemic. In China, after a guard showed symptoms of COVID-19, two thousand prisoners were tested and two hundred tested positive. In at least two other countries, prisoners
By Caitlin Doak. Background In 2000, a jury in Oklahoma convicted Patrick Murphy, a member of the Muscogee (Creek) Nation, of murder. After seeking post-conviction relief in Oklahoma state courts, Murphy petitioned the Eastern District of Oklahoma for a writ of habeas corpus. The district
By Harman Dhanoa. Background Standing on U.S. soil, Border Patrol Agent Jesus Mesa shot and killed Sergio Hernández, an unarmed 15-year-old Mexican boy on Mexican soil. Hernández’s parents sued Agent Mesa in the U.S. District Court for the Western District of Texas, alleging that a
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
By Delilah Cassidy. Living on a golf course seems like a dream: waking up to the smell of freshly cut grass, sitting on the porch drinking lemonade during the Arizona spring. But since the Great Recession, what was once a dream for those living on
By Cory Bernard. The country’s largest competitive wholesale electricity market recently filed a request for rehearing in response to a December 2019 order of the Federal Energy Regulatory Commission (FERC) setting a price floor for new entrants to the market. The Minimum Offer Price Rule
By Jake Abrahamian. Background Later this year, the Supreme Court is set to decide USPTO v. Booking.com B.V. in a ruling that will determine whether a generic name can be transformed into a protectable trademark when followed by a top-level domain (“.com”). The issue arose
By Tyler S. Woods, J.D. Candidate, 2021. The Transformative Use Test In Brown v. Entm’t Merchants Ass’n, the Supreme Court confirmed that video games––like books, plays, and movies––are works of art that enjoy First Amendment protection. But this protection is not without limit. Although video
By Benjamin Shattuck. The Fifth and Ninth Circuits are currently split as to whether victims of cross-border shootings can bring damages claims against the U.S. Border Patrol agents who shot them. In Hernandez v. Mesa, the Fifth Circuit held that the victim did not have
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
By Emiley Pagrabs. In Reynolds v. Sims (1964), the Supreme Court stated: “The right to vote freely for the candidate of one’s choice is of the essence of a democratic society, and any restrictions on that right strikes at the heart of representative government.” However,
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,
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
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
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
By Austin Moylan.With the January 2020 release of the film Just Mercy, Bryan Stevenson is becoming a household name. But as the general public becomes acquainted with his impressive resume for perhaps the first time, those in the criminal defense community have their eyes set
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
By Nathan Lilly. Background Monique Lozoya was sitting in the middle seat on the second-to-last row of a Delta Airlines flight traveling from Minneapolis to Los Angeles when she felt the passenger behind her kicking her seat. She tried ignoring it, as many of us
By Yinan Guo.Maybe you have noticed that, for the past month or so, companies have been sending out emails regarding their updated privacy policy. Chances are you ignored them without taking a look, like every time before when you checked the “I agree” box. What’s
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
By George Gould. Background The Arizona Supreme Court has recently decided another case—Trisha A. v. Department of Child Safety—on a controversial law in Arizona juvenile courts. In juvenile court, there exists a mechanism for accelerating severance procedures. When accelerated, a termination hearing is transmuted, by
By Avery Topel. In the summer of 2019, an animal advocacy group conducted an undercover investigation of Fair Oaks Farms in Indiana. Secretly recorded video revealed employees beating calves with metal rebar, abusing cattle with hot branding irons, and denying cows veterinary care. After the
By Daniel Restrepo. As positive attitudes toward breastfeeding have increased in the last decade, so too have the number of breastfeeding discrimination lawsuits. However, there is uncertainty as to what rights mothers have to pumping in the workplace. Courts are split as to the scope
By Lauren Malm. The Establishment Clause and the Lemon Test The First Amendment provides that “Congress shall make no law respecting an establishment of religion.” Commonly known as the “Establishment Clause,” this clause prohibits government promotion or entanglement with religion and religious organizations. While government
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
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
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?
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
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
By Jay Dosad. Background In 2011, two hundred female inmates in an Illinois prison were marched to a beauty salon and a bathroom off of a gym. In full view of male and female cadets, correctional officers, and civilians, as guards screamed insults and derogatory
By Caitlin White. On September 9, 2019, the Ninth Circuit affirmed the Northern District Court of California’s decision to grant a preliminary injunction forbidding LinkedIn from denying plaintiff hiQ access to publicly available LinkedIn member profiles. As a result of HiQ Labs, Inc. v. LinkedIn
By Delilah Cassidy. Taylor Swift is one of the best-selling singer-songwriters of all time. At fifteen, she signed her first record deal with Big Machine Label Group (“Big Machine”) and created six albums with the label. Upon expiration, Swift signed with Universal Music Group (“UMG”).
By KC Hooker. In May 2019, the Supreme Court decided Franchise Tax Board of California v. Hyatt, which overturned Nevada v. Hall and held that citizens cannot sue a state in another state’s courts. The decision was not surprising given the Court’s expansion of sovereign
By Christian Fernandez. What is Arizona’s compulsory arbitration program? Arbitration is a form of alternative dispute resolution where an independent third party hears the case and determines the result. Arizona courts have adopted a compulsory arbitration program for all civil lawsuits that meet the requirements
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
By Abby Dockum. Over the past several years, products containing cannabidiol—better known as CBD—have spread across the shelves of grocery stores and pharmacies. Sales of CBD products are expected to surpass $5 billion dollars in 2019, up 700% from 2018. This may be attributed in
By Caitlin Doak. No published Arizona opinion provides for an implied right to cure. However, a recent unpublished Court of Appeals opinion suggests that Arizona is inching closer to adopting an implied right to cure absent a contractual right to cure. In Fisher v. Rondo
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
By Chase Colwell. By 1986, it was clear that computers were becoming an inextricable component of modern society. However, this new and developing technology was ripe for abuse in various ways. At the time, there were not any adequate legal remedies for victims of these
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
Jessica Berch, Lecturer, Arizona State University Sandra Day O’Connor College of Law; Member of the Arizona Advisory Committee on the Rules of Evidence The Arizona Rules of Evidence largely mirror the Federal Rules of Evidence, and Arizona state courts often look to federal precedent in
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.
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
By Marissa Gibbens. On March 28, 2019, the Supreme Court of Arizona issued the opinion for City of Surprise v. Arizona Corporation Commission and the decision impacts more than just the parties involved. Indeed, the court held that while the Arizona Corporation Commission has statutory
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
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,
By Jake Abrahamian. In March 2019, the Northern District of California decided the much-anticipated case in re National Collegiate Athletic Association Athletic Grant-in-Aid Cap Antitrust Litigation (NCAA Athletic Grant-in-Aid). Plaintiffs in the case were current and former Division I college football and basketball players who