PHOENIX-BASED ELECTRIC AND HYDROGEN CAR COMPANY STALLS OVER FRAUD SUBPOENAS

Arizona State Law Journal Blog
By Tessa Patterson.Phoenix-based startup Nikola Motor Company (“Nikola”) has risen to the top. Nikola was once valued at more than Ford Motor Company buthas since endured bumpy roads, including a patent lawsuit with fellow electric car competitor, Tesla. The most recent roadblocks comes in the form of fraud allegations from short-seller Hidenburg Research, and subpoenas from the Department of Justice and the Securities and Exchange Commission. Subpoenas do not necessarily mean any action will be brought against Nikola. Though if the government uncovers the necessary elements of fraud, it may get the green light to bring suit.What is Nikola?Founded by Trevor Milton in 2014, Nikola specializes in battery-electric and hydrogen fuel-cell vehicles, with a focus on semitrucks. Since going public in June through a special-purpose acquisition company, Nikola’s stock price…
Read More

Mental Health and Vulnerable Populations in the Era of COVID-19: Containment Measures Effects on Pregnancy and Childbirth*

2020, Online, Online Volume 2 (2020) COVID-19 Symposium
Paricio del Castillo,** A. Cano Linares*** Full Article.  I.    Introduction II.  Health and Human Rights of Women A. Human Right to Health: International Protection Overview The Right to Health of Women The Increasing Attention to Mental Health Breastfeeding as a Human Rights Issue B. The Impact of COVID-19 on the Health of Women and Girls IV. The Way to Respectful Maternity Care (RMC) A. Effects of Covid-19 on Maternal Care and Its Repercussions on Mental Health The Outbreak of COVID-19 Pandemic and Its Repercussions on Maternal Care Caesarean Delivery and Induced Labor Mother-Baby Separation Discouraging Breastfeeding Perinatal Mortality B. Maternal Mental Health During COVID-19 V.  Conclusion I. Introduction The COVID-19 pandemic has had, and will continue to have, a profound impact on the human rights of everyone across the…
Read More

Native American Voters Shape 2020 Election Despite Modern Voting Obstacles

Arizona State Law Journal Blog
By Renee Guerin.Native Voters at the Forefront of the 2020 Election The recent presidential election underscored the importance of an often-overlooked group—indigenous voters. Multiple news outlets lauded Native voters as key to President-elect Biden’s narrow victory in decisive states like Wisconsin and Arizona. One news source suggested Biden won 98% of the Native vote in Arizona (in comparison to 51% of the vote statewide). Similarly, Dr. Len Necefer, an assistant professor at the University of Arizona and Navajo Nation member, estimated that 76,000 of 86,000 registered Navajo voters cast a ballot and approximately 74,000 voted for President-elect Biden. This increased turnout is largely due to the efforts of Native activists and grassroots organizations to register voters, provide voting resources, and create media campaigns which mobilized indigenous voters.  "'Proud Requiem' //…
Read More

Keep Your Friends Close, and Your Signatories Closer

Arizona State Law Journal Blog
By John Butzer.IntroductionCan an individual who is not a party to a contract be bound to a limitation provision of that contract? In Arizona, the answer is no. Recently, the Arizona Supreme Court unanimously decided in JTF Aviation Holdings, Inc. v. CliftonLarsonAllen LLP that the closely related party doctrine does not extend to this scenario.  "Signature" by Hammer51012 is licensed under CC BY-SA 2.0 The Original DisputeIn December 2013, JTF Aviation, Inc. (JTF) hired CliftonLarsonAllen LLP (CLA) to conduct an audit of JTF’s consolidated financial statements. The primary purpose of the audit was to ensure that JTF’s financial information was presented in accordance with Generally Accepted Accounting Principles, known as GAAP. JTF and CLA documented their relationship with an Engagement Letter, which was signed by JTF’s Chief Financial Officer, Dick…
Read More

COVID-19 and Tribes: The Structural Violence of Federal Indian Law*

2020, Online, Online Volume 2 (2020) COVID-19 Symposium
Aila Hoss** Full Article. I.    Introduction II.  Federal Indian Law and Health Outcomes III. Federal Indian Law and COVID-19 IV. The Structural Violence of Federal Indian Law in COVID-19 Response I. Introduction Like countless other health conditions,[1] the COVID-19 pandemic has resulted in inequalities.[2] People of color are experiencing not only higher rates of COVID-19 infections[3] but also worse outcomes from the infection.[4] American Indians and Alaska Natives are experiencing COVID-19 infections at higher rates than other groups across several states including Arizona,[5] New Mexico,[6]and Wisconsin.[7] The Navajo Nation, in particular, has been adversely impacted by COVID-19. As of the 2010 census, Navajo citizenship is around 300,000 people[8] although more recent numbers cite citizenship population at over 350,000.[9] The Tribe has had over 10,780 cases with 571 deaths as…
Read More

COVID-19, Telehealth, and Substance Use Disorders*

2020, Online, Online Volume 2 (2020) COVID-19 Symposium
By Stacey A. Tovino** Full Article. I.    Introduction II.  The Changing Telehealth Regulatory Landscape A. Payment Parity B. Originating Sites C. Communication Systems D. In-Person Medical Evaluations E. Telehealth Services and Telehealth Providers F. In-State Licensure G. Privacy and Security III.  Conclusion I. Introduction A number of federal and state determinations, proclamations, statutes, regulations, executive orders, and notices of enforcement discretion (hereinafter authorities) have supported the rapid and unprecedented de-regulation of telehealth and telemedicine in the United States during the coronavirus disease 2019 (COVID-19) pandemic.[1] On January 31, 2020, for example, Health and Human Services (HHS) Secretary Alex M. Azar II (Secretary Azar) used the authority vested in him under Section 319 of the Public Health Service Act[2] to formally determine that a public health emergency (PHE) existed in…
Read More

Too Juul for School: The Rise of Vaping Among Minors and How Prop 207 May Change the Game

Arizona State Law Journal Blog
By Eric Wilkins.E-cigarettes, or “vapes,” have been climbing in popularity since they first arrived in American markets in 2007. Originally, vaping was proposed as a “healthier” alternative to smoking traditional cigarettes. In recent years, marketing strategies of e-cigarette vendors have, seemingly, increasingly targeted minors with unfortunate success. The recent explosion in their popularity—coupled with the rise in associated health complications—has received enough attention to result in a string of lawsuits and discussion by policymakers. Photo credit to https://vaping360.com/ E-cigarettes: A Litigious History  Notwithstanding their relatively recent introduction to the market, the story of legal battles within the e-cigarette industry is convoluted. As just one example, Juul Labs, Inc.—a ubiquitous industry giant whose name has become nearly synonymous with vaping itself—is currently facing more than seven hundred lawsuits from numerous states…
Read More

Amy Coney Barrett’s Confirmation: Adding Fuel to the Political Fire of 2020

Arizona State Law Journal Blog
By Aurora Walker.With a global pandemic, a massive economic slump, widespread civil unrest, and a contentious presidential election, the year 2020 has turned up the heat on political drama in America. To top all of this off, President Trump added even more fuel to the fire by nominating Amy Coney Barrett to replace Ruth Bader Ginsburg on the Supreme Court.Ginsburg died on September 18, and in the following days and weeks,Americans paid tribute to her life and legacy. President Trump nominated Barrett just eight days after Ginsburg’s death and just a few weeks before the 2020 general election. A majority of Americans opposed the timetable of her appointment. While some were elated at the prospect of a young, conservative woman on the court, others had concerns about Barrett’s judicial views…
Read More

Danger Zone: Amidst the COVID-19 Pandemic, Unions Petition the Ninth Circuit to Compel OSHA to Issue An Infectious Diseases Standard

Arizona State Law Journal Blog
By Molly Walker. At the end of October 2020, the CDC reported nearly nine million COVID-19 cases and over 200,000 COVID-19 deaths in the United States. The positive case count for individuals with COVID-19, the coronavirus disease, continues to soar. The unprecedented nature of the disease along with the serious health implications it poses have prompted an abundance of legal claims. Recently, several unions petitioned the United States Court of Appeals for the Ninth Circuit to compel the Occupational Safety and Health Administration (OSHA) to create standards addressing infectious diseases in the workplace. "Medical Safety Gear" by wuestenigel is licensed under CC BY 2.0 The PetitionOn October 29, 2020, several unions, consisting of teachers, government employees, and health care workers, jointly filed a petition with the United States Court of Appeals…
Read More

Jaguars in the Borderlands: Ninth Circuit Halts Construction of Border Wall Through Wildlife Corridors

Arizona State Law Journal Blog
 By Catherine Swett.Jaguars once ranged across a large portion of the United States, through California, Arizona, New Mexico, Texas, and even as far as Louisiana. But their numbers declined throughout the 20th century until they were only found in remote areas of Arizona and New Mexico. In the last two decades, only seven jaguars have been documented in the United States. And now their population faces a new threat—the Trump administration’s border wall.Panthera onca "Male Jaguar–Photo Courtesy of UA/USFWS" by U.S. Fish & Wildlife Service Southwest Region is marked with CC PDM 1.0 Jaguars have been listed as an endangered species in the United States since 1997, and they received designated critical habitat near the Arizona-Mexico border in 2014. While there are many threats to the species, habitat loss and…
Read More