Enforcing Inbound Forum Selection Clauses in State Court

2021, Past Issues, Print, Volume 53 (2021) Issue 1 (Spring)
John Coyle* & Katherine C. Richardson**Full Article.AbstractA forum selection clause is a contractual provision that selects a court for future disputes. Such clauses serve two primary functions. First, they may be used to redirect litigation from one state to another (an “outbound” clause). Second, they may be used to extend the personal jurisdiction of the chosen court over the contracting parties (an “inbound” clause). To date, scholars have focused most of their attention on the redirecting function played by outbound clauses. In this Article, we provide a definitive account of the role played by inbound clauses as means of obtaining personal jurisdiction over out-of-state defendants.This account is based on our review of 283 published and unpublished state court cases where the defendant challenged the enforceability of an inbound forum selection…
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Uncoupling

2021, Past Issues, Print, Volume 53 (2021) Issue 1 (Spring)
Naomi Cahn & June Carbone*Full Article.AbstractA series of Supreme Court decisions recognize the end of the federal–state–corporate partnership that once provided a foundation for employment security and family stability. That partnership, which reached its pinnacle during the industrial era, established a family wage made available to the majority of the male population through unionization, a social safety net that filled the gaps left by wage labor, and the extension of these public and private benefits to women and children through marriage.Uncoupling shows how family security and stability can no longer be linked to employment or marriage, requiring a redesign of the state response. The Supreme Court has framed the necessary elements in that response. First, although other scholars note that the Court’s marriage equality decision in Obergefell celebrates marriage, this…
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Now Showing: Hollywood’s Legal Struggles Amid COVID-19

Arizona State Law Journal Blog
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 sidelined or significantly altered for months on end. With the added time that many have been spending in their homes, there’s been a noticeable, and unsurprising, uptick in individuals who subscribe to various streaming services (e.g., Netflix, Hulu, YouTube TV). However, in light of the litany of COVID-19 social distancing measures imposed nationwide, content creation in the entertainment industry has taken a hit. As movies and regular television show releases became more sparse, consumers were left wondering what was truly happening to their beloved entertainment…
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Capital Punishment: We Should Aim For Progress Where We Can Get It

Arizona State Law Journal Blog
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 again, brought to the public attention unsettled questions of ethics, legality, and policy surrounding the controversial practice. Modern Capital Punishment in Arizona and the U.S. One thing is undisputed: Arizona’s reputation with capital punishment is tarnished at best. In July 2014, Arizona received national attention as death row inmate Joseph Wood somehow received a chemical dose that was fifteen times greater than the designated lethal dose—and then died slowly as he gasped and choked for air for almost two hours. Under normal circumstances, the execution…
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What Can States Do About Immigration?

Arizona State Law Journal Blog
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 distancing guidelines. According to one CBP Public Affairs Officer, these migrants are “processed for removal, provided a Notice to Appear, and released into the U.S. to await a future immigration hearing.” The release of these migrants into the small town of Yuma has raised concerns for some, including Yuma Mayor Doug Nicholls. Specifically, the Mayor has expressed concerns that the small community lacks the resources to address the situation. For example, the town has no permanent migrant shelters or non-profits to house, feed, and support…
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The Disturbing State of Prison Healthcare in Arizona

Arizona State Law Journal Blog
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 from pain and memory loss. As treatment, a prison dermatologist burned off a large section of Jordan’s scalp, leaving him open to infection. A doctor who later analyzed Jordan’s prison medical records claimed that Jordan likely “suffered excruciating needless pain . . . that was not appropriately managed.” An oncologist who later saw Jordan’s scalp called his wound “horrific,” stating that “immediate action” was needed because the patient was being exposed to dirt, heat, and flies. By the time Jordan finally got radiation therapy, the…
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Hung Out To Dry: Arizona Legislature Rejects Proposed Groundwater Regulations

Arizona State Law Journal Blog
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 intent of this proposed legislation was to help begin to manage groundwater pumping in rural Arizona in light of the hot and dry years predicted to face the Southwest. In Arizona’s metropolitan areas, the Groundwater Management Act governs the pumping and use of groundwater and is largely considered one of the most comprehensive and extensive groundwater management plans. However, rural areas are subject to much less strict rules. Without management of these areas, small farmers, dependent on groundwater pumping to support their livelihood, are worried…
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The Best Surprise is No Surprises: An End to Surprise Medical Bills

Arizona State Law Journal Blog
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 debt. For the past decade, medical debt has been the leading cause of U.S. bankruptcies. This is largely due to surprise medical bills, which occur when a provider bills a patient for the difference between their fee for a service and the amount covered by the patient’s health insurance. Health insurance plans, most notably HMO’s, have a network of covered providers and facilities. When a patient visits an “in-network” physician or healthcare facility, the insurance company will cover the majority of the cost, and the…
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House Passes the Protecting America’s Wilderness and Public Lands Act

Arizona State Law Journal Blog
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, which together would designate 1.5 million acres of public lands as wilderness, as well as add 1,000 miles of river to the Wild and Scenic Rivers System. The bill passed mostly along party lines with a 227 to 200 vote, with Democrats making up 219 of the affirmative votes.Conserving U.S. LandsIn an executive order signed in January, President Joe Biden committed to conserving at least 30% of the country’s lands and waters by 2030. This is an ambitious goal, as only 12% of U.S. lands are…
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