Mapping Ecosystem Benefit Flows To Normalize Equity

2022, Past Issues, Print, Volume 54 (2022) Issue 3 (Fall)
By Keith H. Hirokawa, Cinnamon P. Carlarne, Karrigan S. Börk, & Sonya Ziaja. Although the needs of the public health, safety, and welfare vary across time and space, human survival requires functioning natural systems. It is no exaggeration to say that, either cumulatively or individually at a relevant scale, interruptions to ecosystems, atmospheric systems, the geosystem, or the hydrological cycle cause major disruptions in the ability of such systems to maintain the planet as a habitable place. Ensuring that natural systems are functional, limiting actions that disturb those systems, and maintaining important aspects of ecosystems as they respond to climate change, all seem appropriate targets for regulation and community empowerment. At this point in time, “[h]uman society has never had a more pressing need to understand its dependence on nature” and maintain…
Read More
Super Bowl LVII: Touchdown for Arizona Residents and the Freedom of Speech

Super Bowl LVII: Touchdown for Arizona Residents and the Freedom of Speech

Arizona State Law Journal Blog
By Tatum Weight. In a desolate land, thwarted by the scorching sun, spectators from surrounding nations convened by the masses. Some traveled by day and night, journeying thousands of miles to observe the annual phenomenon; others fixed their tents outside the arena, observing the contemporary ritual known as “tailgating.” As the deafening roars of the crowd inside grew, the whole world watched in great anticipation. In the United States, perhaps no sporting event is revered more than the Super Bowl, and this year’s game took place in Arizona. While hosting America’s beloved event is a great honor, it came at a certain price, threatening the constitutional rights of Arizona’s residents.Leading Up to the Big GameOn October 12, 2022, the City of Phoenix adopted Resolution 22073 (“Resolution”), restricting temporary signage within the City’s…
Read More
Are Mail-In Ballots “Secret”? Arizona Court of Appeals Says Yes

Are Mail-In Ballots “Secret”? Arizona Court of Appeals Says Yes

Arizona State Law Journal Blog
By William Harren. In 2020, litigation over mail-in voting exploded across the country.  Concern about COVID-19 forced many voters to stay home and resulted in a record number of absentee ballots. Lawsuits began to percolate as Republicans and Democrats jockeyed for position in the new voting landscape.During the pandemic, Arizona became a battleground for controversy over mail-in ballots. First, Democrats sued the state for “ballot-harvesting,” successfully enjoining an Arizona law that required mail-in ballots to be delivered by family members or caregivers. Then, following the election, Republicans sought to decertify the election, alleging widespread voter fraud primarily from mail-in ballots. For a while disputes over mail-in ballots appeared to cool off, but midterm elections reinvigorated the controversy. The recent case of Arizona Republican Party v. Fontes provides a notable example. Arizona Republican Party…
Read More
Mishandling Panhandling: Proposals to Address Arizona’s Homelessness Crisis

Mishandling Panhandling: Proposals to Address Arizona’s Homelessness Crisis

Arizona State Law Journal Blog
By Mary Saxon.Arizona has one of the worst homelessness crises in the country. Despite this, Senator John Kavanagh of Fountain Hills recently introduced a pair of bills, Senate Bill 1022 and Senate Bill 1024, which criminalize homelessness. Senate Bill 1022, makes it a class one misdemeanor to sell goods, solicit donations, or beg on traffic islands or medians. Senate Bill 1024 makes it a class one misdemeanor to sit, lay, or sleep on a public roadway except in circumstances where one is experiencing a medical emergency, administering medical assistance, or is subject to a permit to conduct a festival, fair, parade, or similar event. In Arizona, a class 1 misdemeanor is punishable with up to six months in jail and carries a fine of up to $2,500 as determined by…
Read More
House Bill Offers State Benefits for Pregnant Women Barred from Seeking an Abortion: Will It Survive?

House Bill Offers State Benefits for Pregnant Women Barred from Seeking an Abortion: Will It Survive?

Arizona State Law Journal Blog
By Katharine Greer. ‘Tis the season for bills. On January 9th, the Arizona State Legislature opened with forty-one new members and a new governor. Representatives and Senators are excitedly plopping their bills in their respective hoppers. As of January 25th, 783 bills have been introduced, a number that will likely increase until the Senate and House deadlines (January 30th and February 6th, respectively). It’s unclear how many of these bills will make it to the finish line. In 2022, the legislature introduced 1,613 bills, and yet, only 388 were enacted into law.  To appease their constituents, members have already introduced bills concerning “hot button” topics such as critical race theory, drag shows, pronouns, and abortion. Representative Athena Salman, a Democrat representing District 8, introduced a particularly interesting bill on state…
Read More

Cracks in the Wall: The Persistent Influence
of Ideology in Establishment Clause Decisions

2022, Past Issues, Print, Volume 54 (2022) Issue 2 (Summer)
Gregory C. Sisk & Michael Heise In our ongoing empirical examination of religious liberty decisions in the federal courts, extended now into a third decade, we find the persistence of ideological influence in Establishment Clause decisions for the period of 2006–2015. Because a non-partisan judiciary is essential to preserve the rule of law, we should sound the alarm when partisan influences appear to be weighting the outcome.At the same time, one might take comfort in a systematic narrowing of the partisan gap in this most recent ten-year period for our study. For 1996–2005, we had found an Establishment Clause claimant’s chances for success were approximately 2.25 times higher before a judge appointed by a Democratic President than one appointed by a Republican President. By this 2006–2015 period, the Establishment Clause claimant…
Read More

Court Packing, Senate Stonewalling, and the
Constitutional Politics of Judicial
Appointments Reform

2022, Past Issues, Print, Volume 54 (2022) Issue 2 (Summer)
Matthew A. Seligman Reforming the Supreme Court is at the center of the political and legal landscape for the first time in generations. The growing gap between the ideological composition of the Court, the democratic will of the electorate, and perceived procedural irregularities in the appointment of Justices over the last five years, has fueled calls for expanding the size of the Court. Those calls have triggered renewed efforts to repair the appointments process through term limits and a regularized appointments schedule. But in an age of peaking partisanship, the bipartisan cooperation that would be necessary for that proposal to pass seems far out of reach.Full Article.
Read More

Law Enforcement Officers, Students, and the
School-to-Prison Pipeline: A Longitudinal
Perspective

2022, Past Issues, Print, Volume 54 (2022) Issue 2 (Summer)
Jason P. Nance & Michael Heise Recent data indicate that a majority of schools now have regular contact with law enforcement officers, transforming the educational experience for hundreds of thousands of students nationwide. The proper role of police officers in schools, if any, has been hotly debated for years. But this debatewas elevated to an unprecedented level during the summer of 2020 following the tragic deaths of George Floyd and others, precipitating national calls to “defund the police” and leading many school districts to reconsider their relationships with law enforcement agencies. This debate over whether police officers belong in schools continues today. While proponents argue that a police presence is necessary to keep students safe, the existing empirical literature assessing the efficacy of school police officer programs in creating safe environments…
Read More

Bringing Predictability to the Chaos of Punitive
Damages

2022, Past Issues, Print, Volume 54 (2022) Issue 2 (Summer)
Benjamin J. McMichael & W. Kip Viscusi  Punitive damages remain unique in the American legal system. Awarded in the civil context with none of the protections offered in criminal law, courts levy punitive damages to punish and deter. The Supreme Court of the United States has clearly stated that courts may only seek to achieve these two goals when imposing punitive damages. A closer reading of the Court’s punitive damages jurisprudence, however, reveals another goal that has largely been ignored: predictability. Unlikepunishment and deterrence, predictability is not a purpose for which to award punitive damages. Instead, the Court requires that, when awarded, the level of punitive damages must be predictable. Failure to provide fair notice of the penalty for which a defendant may be liable amounts to a violation of…
Read More

The Great American Outdoors Act:
Refreshing America’s National Parks

2022, Past Issues, Print, Volume 54 (2022) Issue 2 (Summer)
Danika Marzillier From white sandy beaches and jagged, snow-capped mountains, national monuments and even some parks in urban neighborhoods, America’s federally managed public lands cover over a quarter of the country. From citizens looking to increase their daily step goals to all-out adventure enthusiast vacationers, a large and diverse group of Americans use these lands every day. Although public lands may often be imagined as places only for hikers and outdoor aficionados, their value to the general community should not be overlooked. Public lands offer breathtaking views, contribute to economic value, and conserve wildlife. They preserve historic sites, promote active lifestyles, and provide moments of Zen for the often all-too busy American.Full Article.
Read More