Is the Death Penalty Coming to an End?

Arizona State Law Journal Blog
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. In fact, prior to the seventeen-year hiatus, only three people were federally executed since 1963. These executions occurred in the wake of growing disapproval of the death penalty, as people across the country urge the Supreme Court to abolish capital punishment. The death penalty is currently legal in twenty-eight states, in the federal government, and in the U.S. military. However, capital punishment remains a hotly debated issue nationwide. In 1972, the United States Supreme Court ruled that the death penalty was unconstitutional because it constituted cruel and unusual…
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What is a Consumer Privacy Ombudsman?

Arizona State Law Journal Blog
By Cole Cribari.A History of Protecting Customer DataThe 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 valuable firms in the world. Data giants—Facebook, Amazon, Google, Microsoft, Apple—constantly collect customer information to improve customer experience, provide better services, and generate ad revenue through targeted advertising.  However, this data collection phenomenon goes beyond the technology giants. Everything from basic websites to retail corporations like Borders and RadioShack also collect personally identifiable customer information in the course of conducting business.At the beginning of the internet era, companies placated consumers’ fears of giving their information out over the internet through self-policing in the form of “privacy policies.”…
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Delayed Disaster? Bankruptcy Filings and COVID-19

Arizona State Law Journal Blog
By John ButzerIntroductionAs 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 argued that government stimulus programs have given companies and individuals a lifeline that have merely delayed these filings. Are we on the precipice of a deluge of bankruptcies as the economy reopens and congressional response to the pandemic withers?BackgroundFrankly, the economic situation of many businesses was not rosy even prior to the pandemic. Economic researchers found that many companies entered 2020 carrying historically heavy debt loads. By one estimate, corporations in the United States owed $10.5 trillion to creditors in 2020, reflecting debt levels thirty times higher…
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Zoom Zoom Zoom: From Cute Kitten Filters to Increased Economic Disparity, the Perils of Virtual Court

Arizona State Law Journal Blog
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 The Office for the tenth time in a row when I received a text from a friend asking, “Have you seen the cat lawyer video?! .” Not knowing what she was talking about, but liking the sound of it, I googled “cat lawyer video.” Sure enough, a video with over a million views popped up. Much to my delight, the video was everything I hoped for and more. If you have not seen it yet, do yourself a favor and watch it right now. I myself have watched…
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Proposition 207: A Beneficial Change for Prior Convicts and Arizona as a Whole

Arizona State Law Journal Blog
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 of Health Services approved licenses for facilities to begin selling recreational marijuana in the state. This dramatic shift in Arizona law is bound to impact the state’s entire criminal justice system, including prior convictions. Now that Arizonians can go buy marijuana almost as easily as liquor, what does this mean for those with prior marijuana convictions?What is Proposition 207?Proposition 207 dramatically changed marijuana policies in Arizona. Now, possession of up to an ounce and use of marijuana is legal for adults over twenty-one. Further, residents can…
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The Wild Wild West of Arizona’s Self-Driving Cars

Arizona State Law Journal Blog
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 streets, positioning itself as one of the most automated-vehicle-friendly states in the nation.This past October, Alphabet’s Waymo took to Phoenix to offer riders a fully driverless experience. Once only available to beta testers, customers in Phoenix can now step into the future and buckle up for an artificial-intelligence-controlled ride. Automated vehicles have sped into other industries too. With Arizona State University rolling out autonomous food-delivery robots in Tempe and Walmart’s recent partnership with self-driving car company Cruise to deliver groceries in Scottsdale, the future for automated…
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Bird Law in the United States—Is it Governed by Reason?

Arizona State Law Journal Blog
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 century-old bird law, upending the remarkably consistent interpretation of “every administration (Republican and Democrat) since at least the 1970’s.” Thankfully, the Biden Administration has already taken concrete steps to restore order to bird law in the United States.The Migratory Bird Treaty ActThe Migratory Bird Treaty Act of 1918 (“MBTA”) was enacted in response to plummeting bird populations across North America. It currently protects over 1,000 species—nearly all native bird species in the United States, including Arizona’s state bird, the cactus wren. In broad language, the MBTA…
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Communication Breakdown: Exploring Recent Calls for CDA 230 Reform

Arizona State Law Journal Blog
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 term. Trump vetoed the bill because it did not include changes to the Communications Decency Act § 230 (“CDA 230”). He claimed CDA 230 unfairly permitted large technology platforms to censor him and other conservative figures. But Trump wasn’t the only one clamoring for change to CDA 230. President Biden and Speaker Pelosi, along with other congressional Democrats, have expressed support for removing or reforming the provision.This bipartisan support indicates that CDA 230 reform (or perhaps even revocation) seems inevitable. But given CDA 230’s immense impact…
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Arizona Plays a Key Role in Shaping the Future of U.S. Voters’ Rights

Arizona State Law Journal Blog
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 a voter casts a provisional ballot outside of his or her designated voting area, then it is considered invalid and is not counted. The second policy, created by a “ballot-collection” statute, states that the only people who can collect and submit completed early ballots are the voter, a family member, the U.S. Postal Service, or election officials. The DNC’s argument was that the two policies violated Section 2 of the Voting Rights Act. Section 2 prohibits any “qualification or prerequisite to voting or standard, practice,…
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California’s Ban on Exercising the Free Exercise Clause

Arizona State Law Journal Blog
By RivaLee FerlandAmidst 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 have imposed restrictions on church services due to the pressing need for proper caution and social distancing measures.In June, for example, New York implemented guidelines for religious services. The restrictions capped attendance for indoor church services to 33% of the building’s occupancy and allowed up to 50 individuals for outdoor church services in Phase 4 regions. Additionally, individuals engaged in singing must stay twelve feet apart, and face coverings are required for those who come within six feet of each other. Taking the restrictions a step…
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