ASULJADMIN – Page 10 – Arizona State Law Journal

Preventing the Curse of Bigness Through Conglomerate Merger Legislation

May 13, 2020

Robert H. Lande & Sandeep Vaheesan. The antitrust laws, as they are presently interpreted, are incapable of blocking most of the very largest corporate mergers. They successfully blocked only three of the seventy-eight largest finalized mergers and acquisitions (defined as…

Improving the Presentation of Expert Testimony to the Trier of Fact: An Epistemological Insight in Search of an Evidentiary Theory

May 13, 2020

Edward J. Imwinkelried. The use of expert testimony at trials is not only widespread; its use also appears to be increasing. In a Rand Corporation study of California trials in courts of general jurisdiction, the researchers found that experts appeared…

The #E-Too Movement: Fighting Back Against Sexual Harassment in Electronic Sports

May 13, 2020

John T. Holden,* Thomas A. Baker III,** & Marc Edelman***Full ArticleAbstractCompetitive video gaming or esports has captured the attention of hundreds of millions of people across the globe. With that attention has come billions of dollars’ worth of investment and…

When the Pandemic Reaches Prisons: Considering the Legal and Humanitarian Consequences

Mar 31, 2020

By Abby Dockum. In Iran, 85,000 prisoners—nearly half the prison population—have been released in response to the coronavirus pandemic. In China, after a guard showed symptoms of COVID-19, two thousand prisoners were tested and two hundred tested positive. In at…

Will the Supreme Court Hold That Half of Oklahoma is an Indian Reservation?

Mar 31, 2020

By Caitlin Doak. Background In 2000, a jury in Oklahoma convicted Patrick Murphy, a member of the Muscogee (Creek) Nation, of murder. After seeking post-conviction relief in Oklahoma state courts, Murphy petitioned the Eastern District of Oklahoma for a writ…

No Justice for Hernández, No Accountability for Federal Law Enforcement

Mar 17, 2020

By Harman Dhanoa. Background Standing on U.S. soil, Border Patrol Agent Jesus Mesa shot and killed Sergio Hernández, an unarmed 15-year-old Mexican boy on Mexican soil. Hernández’s parents sued Agent Mesa in the U.S. District Court for the Western District…

Is There a Valid Claim for “Fake News”?

Mar 12, 2020

By Madelaine Bauer. Background In the wake of an upcoming election, the Trump campaign has taken action and filed libel lawsuits against both the New York Times and the Washington Post. In February 2020, the Trump campaign began their suits…

Benefit-of-the-Bargain vs. Economic Realities: Arizona Golf Course Covenant Leaves Everyone Scoring a Double Bogey

Mar 10, 2020

By Delilah Cassidy. Living on a golf course seems like a dream: waking up to the smell of freshly cut grass, sitting on the porch drinking lemonade during the Arizona spring. But since the Great Recession, what was once a…

FERC’s Minimum Offer Price Rule: Appropriate Regulation or Federal Overreach?

Mar 05, 2020

By Cory Bernard. The country’s largest competitive wholesale electricity market recently filed a request for rehearing in response to a December 2019 order of the Federal Energy Regulatory Commission (FERC) setting a price floor for new entrants to the market.…

Missing the Mark: Why SCOTUS Should Reject USPTO’s Booking.com Bright-line Rule

Mar 03, 2020

By Jake Abrahamian. Background Later this year, the Supreme Court is set to decide USPTO v. Booking.com B.V. in a ruling that will determine whether a generic name can be transformed into a protectable trademark when followed by a top-level…