Category: Arizona State Law Journal Blog

By Brie Alford.The contentious battle over mail-in ballots continues as the United States Supreme Court recently announced its plans to review an Arizona voting law. The so-called “ballot-harvesting law” bars anyone other than a family member or caregiver from returning a voter’s absentee ballot. The law has ignited a fierce partisan debate over voting access and voter fraud. But even more importantly, it has highlighted Arizona’s continued history of suppressing minority votes. "Vote!" by kgroovy is licensed under CC BY-SA 2.0 A Long History of Voter DiscriminationSince its inception, Arizona has enacted discriminatory policies to discourage minority communities from voting. In the early 1900s, these policies were overt. For example, Arizona prohibited Native Americans from voting until 1948 and required individuals to pass an English literacy test to register to…

By RivaLee Ferland.COVID-19 has engulfed the globe in a seemingly endless storm—a storm that leaves trails of litigation in its wake. When the pandemic reached the point of university closures in Arizona, students were halfway through their spring semester. What started as students leaving for spring break ended in them finishing out the remainder of the semester remotely. With virtual learning in place, and university campuses shut down, students lost access to the everyday amenities they once enjoyed as a benefit of their tuition. This begs the question: should universities issue a partial refund of students’ spring tuition to account for losses sustained by the COVID-19 university closures?   Arizona University Closures and Subsequent Lawsuits "Arizona Stadium, University of Arizona" by Ken Lund is licensed under CC BY-SA 2.0 In March…

By Iris (Yeonjae) Lim.Parties in a dispute have several options as to how they want to resolve their issues, and arbitration is one of those options for parties to manage their disputes without going to court. According to the American Bar Association (ABA), arbitration is defined as “a private process where disputing parties agree that one or several individuals can make a decision about the dispute after receiving evidence and hearing arguments.” In other words, these individuals, or arbitrators, potentially act as judges and may provide a final decision for the parties. Usually, arbitrators handle a case from start to finish, and they sometimes have the power to make award decisions that a court would not be able to do. Therefore, arbitrators’ roles are very important and influential in an…

By Cole Cribari.The general public almost never hears the word arbitration unless they’re watching news that involves a dispute between businesses, or they find themselves embroiled in a dispute where arbitration has been suggested or required as a method of settling the dispute. Arbitration has become commonplace—particularly in the employment context—around the world and in the State of Arizona where 99.2% of legal disputes are settled prior to trial. In fact, anyone reading this article has likely agreed to arbitration of disputes multiple times—purchasing and using a cell phone or credit card subjects you to an arbitration clause associated with those contracts.What is Arbitration?So, you were involved in a dispute with your employer. You thought about filing a lawsuit to settle the issue, but your employer points to a mandatory…

By Chandler Smith. Arizonans should expect to see recreational marijuana legalized in the coming months. Whether this change comes in the form of a statutory amendment through HB 2871, HB 2657, or by ballot initiative through the “Smart and Safe Arizona Act,” it is on the horizon. Like HB 2871 and HB 2657, The Smart and Safe Arizona Act (hereinafter “The Act”) features a social equity ownership program provision. Social equity is a popular subject in the marijuana industry as jurisdictions seek to redress harms caused by harsh marijuana policies that have been imposed on minority communities since the War on Drugs. Localities in California, Nevada, Illinois, Michigan, Oregon, etc. have enacted social equity programs that prioritize the award of licenses for individuals with prior marijuana convictions or those from areas…

By Drew Kudlinski.COVID-19’s legacy will likely be the all-touching and absolute disruption to normal life. That disruption has not been isolated from the core of our democratic process. While uncertainty reigns supreme in 2020, it is certain that a massive surge of alternative voting is coming in the November general election. More Americans will cast their ballot without visiting the polls than ever before. This has spurred election litigation across the country. Policymakers, election administrators, advocates, and judges have sparred constantly over the year regarding how to best ensure an accessible and legitimate election during a public health crisis.Both national attention and litigation has been primarily focused on mail-in voting. Mail-in voting will have a crucial role in this year’s election. For example, half of Georgia’s primary voters were absentee…

By Taylor Hamel.During times of crisis, there are things that people cannot live without. In the wake of natural disasters, for example,those things include groceries, bottled water, and gasoline. Because those kinds of goods are necessary for survival, sellers can charge whatever they want for them and people will have no choice but to pay. Hiking up prices to take advantage of a crisis is called price gouging. The COVID-19 pandemic has created an entirely new list of products susceptible to price gouging: masks, toilet paper, and hand sanitizer, to name a few. Luckily, most states have laws that prevent people from engaging in price gouging tactics. Unfortunately, Arizona is not one of them.How Arizona Has Been Affected Blue medical face masks and money. Us Dollars and a face mask.…

By Anna Boerwinkle.In a 2016 campaign speech in Phoenix, Donald Trump promised supporters that he would stop providing federal funding to so-called “sanctuary cities.” Throughout his campaigns and presidency, his fight against sanctuary cities has been one of the many ideas he has espoused in his efforts to quell illegal immigration and strengthen border security.The term “sanctuary city” is itself an amorphous term. Generally, the term is used to label localities that have laws or policies mandating that state or local authorities do not cooperate with Immigration and Customs Enforcement (ICE) in various ways to detain and deport individuals who have come to the United States illegally.Over100 cities and counties in the United States are considered to be sanctuary cities, as well as 11 states. A common sanctuary policy that…

 By Maria Raciti.As a woman who was raised in a family of nine, seven women and two men, I grew up thinking that girls, as Beyoncéso flawlessly puts it, “run the world.” Much to my father and brother’s dismay, the girls truly dominated. We could make the boys disappear with some perfectly-off-pitch singing and overenthusiastic dancing. In other words, we held all the power. It was not until I got older that I realized my family is a bit of an anomaly in this respect. Since the founding of this country, women have had to fight for every miniscule right. And one of the main figures leading this charge was Supreme Court Justice Ruth Bader Ginsburg (RBG). "Associate Supreme Court Justice Ruth Bader Ginsburg Visits WFU" by WFULawSchool is licensed…

By Jacob Pierce.BACKGROUNDOne of the leading publications on tax related issues, Kiplinger, in a recent state-by-state guide, named Arizona the ninth best tax state (i.e., most friendly) for individuals and businesses. Kiplinger measured this success by looking at a sum of sales, income, and property tax paid in each state by hypothetical filers. As many fiscal conservatives believe is the best course of action, Governor Ducey credited this achievement to keeping taxes simple yet fair, which has allowed taxpayers to keep more of the money they earn. It is hard to deny some of the positive effects that have resulted from this simplification of the tax code in Arizona. Overall, Arizona taxpayers are paying almost $1,800 less in combined state and federal taxes. Although this is great for current residents…