Is a COVID-19 Vaccine Mandate on the Horizon for Students in Arizona’s Public Universities?

Arizona State Law Journal Blog
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: proof of vaccination against COVID-19. Colleges and universities in 39 states and Washington, D.C. have imposed COVID-19 vaccine mandates on students attending classes this fall; Arizona is not one of those states. However, with the recent full FDA approval of Pfizer’s COVID-19 vaccine, some Arizona students may be wondering whether a mandate is in their future. IN-PERSON LEARNING IN THE TIME OF COVID-19: KEEPING STUDENTS SAFE (OR TRYING TO) On June 14, 2021, Arizona State University (ASU) announced that it was strongly recommending that all…
Read More

Did the Arizona Supreme Court Kill the Invest in Ed Initiative?

Arizona State Law Journal Blog
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 a victory for Invest in Ed, the Supreme Court’s decision held that the tax initiative’s characterization of the revenue as “grants” was unconstitutional and may lead to the initiative being struck down by the lower court. The Tax Initiative - Proposition 208 Invest in Education filed an initiative on February 14, 2020 called the “Invest in Education Act” (“Act”) that was placed on the ballot as Arizona Proposition 208 (“Prop. 208”). Prop. 208’s purpose is to raise revenue for schools by imposing an income tax…
Read More

Voter Confusion: Mi Familia Vota v. Hobbs

Arizona State Law Journal Blog
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 15. Arizonans will probably recall this highly confusing period where articles continued circulating on social media about the lower court’s extension, even though the Ninth Circuit had already closed registration. The Ninth Circuit’s reasoning in this decision may illuminate how future cases about burdens on the right to vote will be evaluated. The Argument Plaintiffs Mi Familia Vota and the Arizona Coalition for Change argued that the circumstances of 2020 make it so the original voter-registration deadline of October 5th would be burdensome to the exercise…
Read More

Preventing Hate Crimes

Arizona State Law Journal Blog
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 a year of increasing anti-Asian discrimination and violence. Nearly 3,800 hate incidents have been reported since March of 2020, and more than double of the attacks were against women. Forty-three incidents of anti-Asian discrimination have also been reported in Arizona since March of 2020.The existence of hate crimes is unfortunately not new in our society. In Arizona in 2019, crimes motivated by race and ethnicity accounted for nearly 66% of the reported incidents (143 out of 217), which was the highest percentage of the decade. Advocates…
Read More

The 9/12 Split: The Newest Proposal To Reduce the Burden on Ninth Circuit Court of Appeals.

Arizona State Law Journal Blog
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 Twelfth Circuit would cover Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Washington. The Twelfth Circuit would hold its regular sessions in Seattle, Washington, and Phoenix, Arizona. Idaho proposes this bill to reduce the Ninth Circuit’s burden, which is currently the largest and most backlogged Federal Circuit Court of Appeals.Ninth Circuit StatisticsThe Ninth Circuit Court of Appeals was established 130 years ago in 1891. At that time, the two judges on the court had jurisdiction over California, Idaho, Montana, Nevada, Oregon, and Washington. Those regions’ population was…
Read More

Proof of Vaccination and Vaccine Passports— Reasonable Requirement or Invasion of Privacy?

Arizona State Law Journal Blog
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 proving they received a COVID-19 vaccine. Other states like Hawaii that have been hard hit by reduced tourism are similarly developing app-based vaccine passports.  The Biden administration caused national uproar after announcing plans to create a national vaccine passport.  Florida Governor Ron DeSantis stated he would use an “executive function” to block any vaccine passport system in his state.  Two Ohio state legislators opposed to vaccine passports plan to introduce legislation that preempts vaccine passports in Ohio. In light of these and other concerns, the…
Read More

Resurgence of Executions at the State and Federal Level

Arizona State Law Journal Blog
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 people healthy and alive at the height of a global health crisis. Arizona has recently followed suit, with the Arizona Department of Corrections (ADC) announcing it is also prepared to resume executions. The execution uptake intertwines a number of legal, political, and humanitarian concerns at the federal and state level. Federal Level Starting in July 2020, the federal government began carrying out executions at an alarming rate. Over the past year, there has been an unprecedented thirteen executions in the past six months, which is…
Read More

How To Get Away With Murder (If You’re Ultra-Wealthy)

Arizona State Law Journal Blog
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 protection that virtually places you “above the law.” How does this happen? Let’s walk through each step. Step One: Become Ultra-Wealthy Most people aren’t born with tens of millions of dollars to their name, so becoming ultra-wealthy is the first task. Perhaps you can reach this point after a lifetime of good luck, genius, and hard work—but that’s difficult. Corruption is much easier. While corruption takes many forms, the most common path is to leverage personal and professional connections within a poor country that has…
Read More

Autoerotic Asphyxiation and Accidental Death Insurance: Odd Facts Make Odd Law in Circuit Split

Online, Past Issues
Mike Brown*Full Article.I. IntroductionIt was a grim scene involving a famous actor, but this was no movie. Still, there was a mystery to be unraveled. The setting was a hotel room in Bangkok, Thailand.[1] In the closet hung the lifeless body of David Carradine, star of Quentin Tarantino’s “Kill Bill” films and 1970s television show “Kung Fu.”[2] An intricate web of ropes suspended him above the floor, wrapped around his neck and genitals.[3] The door to the hotel room was locked, and there was no sign that anyone other than Carradine had been there.[4] When asked, his friends were skeptical that he would commit suicide.[5]Authorities ultimately concluded the cause of Carradine’s death was autoerotic asphyxiation,[6] defined as an intentionally induced state of asphyxia that heightens sexual arousal during masturbation.[7] It…
Read More

Crime, DNA, and Family: Protecting Genetic Privacy in the World of 23andMe

2021, Past Issues, Print, Volume 53 (2021) Issue 1 (Spring)
Victoria Romine* Full Article. Introduction In 2018, the capture of the “Golden State Killer,” also known as the “East Area Rapist” or the “Original Night Stalker,” captured the eyes of the nation.[1] The man responsible for at least thirteen murders and fifty rapes—crimes that many thought would never be solved—was taken into custody and charged with capital murder.[2] Why the sudden movement in a case that had been cold for over three decades? Joseph DeAngelo, the now-infamous serial killer, was definitively identified through DNA using a breakthrough new science: genetic genealogy.[3] At the time, the potential of this new method seemed boundless. The public began to speculate about how many cases could finally be resolved—even infamous cold cases that had haunted communities for decades.[4] The wait was short. Only two…
Read More