Arizona State Law Journal Blog

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

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”).