Come Together, Right Now: Integrative Land- and Water-Use Planning

Arizona State Law Journal Blog
By Benjamin A. Longbottom. Water Woes in Rio Verde Foothills. Most of Arizona is experiencing some level of drought. In a wealthy suburb north of Scottsdale, the drought is revealing latent problems associated with decades of poor urban planning. Rio Verde Foothills (“RVF”) grew rapidly out of the desert beginning in the 1980s, relying initially on pumped groundwater for household water and landscape irrigation. Later, when wells ran dry, Scottsdale city officials agreed to deliver water to the suburb on large tanker trucks, charging RVF residents by the gallon. The community grew and developed on the assumption that these deliveries would continue. On November 1, 2021, however, Scottsdale announced that it would cut off all water deliveries to those living in RVF, effective at the end of 2022. Scottsdale officials…
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Name, Image, and Likeness: The Dilemma for International Student-Athletes

Arizona State Law Journal Blog
By Miranda Martinez. For decades, the National Collegiate Athletic Association (“NCAA”) has prohibited its student-athletes from accepting money in an effort to preserve amateurism—the pillar upon which the NCAA aims to differentiate itself from professional sports. Top NCAA Division I schools generate nearly $8.5 billion in annual revenue; however, less than 7% of that revenue goes to athletes in the form of scholarships or living expense stipends. Student-athletes are barred from sharing in the profits in the name of amateurism. According to the National Bureau of Economic Research, “[w]hile intercollegiate sports are often described as student activities undertaken by amateurs, the economic reality is that athletic departments have developed into complex commercial enterprises that look far more like professional sports organizations.” The tension between amateurism and professionalism reached its peak…
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The Vaccine, the Workplace, and the Administrative State

Arizona State Law Journal Blog
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 and we—as a nation—cannot seem to decide on the role of government in addressing this once-in-a-century crisis. Since the COVID-19 vaccines were rolled out last year, data has shown the vaccines are safe and effective at preventing serious illness from COVID-19. Yet only approximately 68% of eligible Americans and 73.5% of eligible Arizonans are fully vaccinated. In an attempt to increase the number of vaccinated American workers, the Biden administration announced a vaccine mandate last September that would compel employers with at least 100 employees…
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Made of Sterner Stuff: Honoring Arizona’s History as a Bastion of Democracy

Arizona State Law Journal Blog
By Abigail Knox. In light of recent controversies and conspiracy theories, Arizona’s legislature is working through a flood of election-related bills, from changes to polling procedures to constitutional amendments regarding direct democracy provisions. In the spirit of Arizona’s 110th statehood day, a look at our history reminds us of our state’s character and provides us with insight for the future. The Constitutional Convention and Direct Democracy* Arizona’s journey to statehood was heavily influenced by progressive and populist movements. Democrat George W. P. Hunt was elected as President of Arizona’s constitutional convention. It was clear that Hunt and his progressive colleagues were passionate about direct democracy. Among the many measures the convention sought to memorialize were the initiative, referendum, and recall. These provisions reserve power to the people; they enable the…
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Ironically, This Baby Needs Teeth: A Proposal for Nursing Protections in Arizona’s Workplaces

2021, Past Issues, Print, Volume 53 (2021) Issue 3 (Fall)
Daniel Restrepo Fifty thousand years ago, a woman stands and stretches her arms, looking over America’s open plains. In the distance, she sees thirty very hairy and practically naked people speaking a language that will never be heard on the planet again. She runs, careful not to jostle the baby in her arms, joining them at the crest of a small hill. She and the other mothers, who have survived predation and the dangers of pregnancy during this hostile era, work together, stopping occasionally to nurse their children. The milk produced with the help of her community’s collective labors offers her baby the promise of another day. Full Article.
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Qualified Immunity: Rectifying a Detrimental Doctrine

2021, Past Issues, Print, Volume 53 (2021) Issue 3 (Fall)
Nyla Knox On average, on-duty police officers shoot and kill one thousand individuals in the United States each year. One in every one-thousand black men will be killed by law enforcement in their lifetime. In nearly every instance, though, courts find that the officers responsible were legally justified in their actions. But how do a majority of officers escape accountability for their egregious use of excessive force? The answer arises from the doctrine of qualified immunity. Qualified immunity provides officers with civil immunity in an attempt to reduce frivolous suits and protect officers from the burdens of litigation. However, rather than fulfilling its purpose, qualified immunity has robbed victims of meaningful opportunities to seek justice when officers violate their constitutional rights. In turn, officers are not held accountable for grievous…
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Red Flag Laws: Popularity, Effectiveness, and Why Arizona Should Set Its Sights on Enacting One

2021, Past Issues, Print, Volume 53 (2021) Issue 3 (Fall)
Shannon Hautzinger Aurora. Newtown. San Bernardino. Orlando. Las Vegas. Parkland. Pittsburgh. Thousand Oaks. Virginia Beach. El Paso. Dayton. Boulder. The grim commonality that links these cities needs no explanation, yet the ease with which it comes to mind demonstrates the gravity of America’s problem with gun violence. Still, deaths due to mass shootings represent only a miniscule percentage of all gun deaths in the United States. An average of 39,000 Americans are killed by guns every year, a figure that translates to about 100 fatalities per day. In the last decade alone, over one million Americans have been shot, guaranteeing that all Americans will likely know at least one victim of gun violence in their lifetime. Full Article.
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The Arizona Commission on Access to Justice: A Progress Report

2021, Past Issues, Print, Volume 53 (2021) Issue 3 (Fall)
Hon. Lawrence F. Winthrop “Equal justice under law is not merely a caption on the fa ade of the Supreme Court building. It is perhaps the most inspiring ideal of our society. It is one of the ends for which our entire legal system exists.” –Justice Lewis Powell “Can there be justice if it is not equal? Can there be a just society when some do not have justice? Equality, equal treatment is perhaps the most fundamental element of justice.” –Justice Antonin Scalia “Trust in the rule of law—the foundation of American democracy—depends upon the public’s faith that government seeks equal justice for all. . . . But without equal access to justice, the promise of equal justice under law rings hollow.” –Merrick Garland, U.S. Attorney General Noting the increasing poverty…
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Tortious Speech in the Digital Age

2021, Past Issues, Print, Volume 53 (2021) Issue 3 (Fall)
Judge Peter B. Swann & Sarah Pook The First Amendment to the United States Constitution provides unambiguously and without exception that “Congress shall make no law . . . abridging the freedom of speech.” Read literally, there is no room under the First Amendment for legislation protecting the public from any abuse of the right to free speech—including shouting “fire” in a crowded theater, child pornography, or manipulation of the public through vigorous disinformation campaigns. Yet before the First Amendment was incorporated against state law, the drafters of the Arizona Constitution took a more cautious approach: “Every person may freely speak, write, and publish on all subjects, being responsible for the abuse of that right.” Full Article.
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“You Can Observe a Lot by Just Watching”: A Perspective on the Contributions of Judge Andy Hurwitz

2021, Past Issues, Print, Volume 53 (2021) Issue 3 (Fall)
G. Murray Snow For this edition of the Arizona State Law Journal (Journal), the editors have invited prominent Arizona judges (both state and federal) to write on topics they know about. All of the authors are jurists of experience and insight. Their articles range from soup to nuts, all of them interesting and relevant to practitioners and academics alike. The result is something most unique—a practical, useful, and interesting issue of a law review that, at the same time, recognizes some of the members of Arizona’s outstanding judiciary. Full Article.
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