SCOTUS Won’t Part with Qualified Immunity—And That’s “Beyond Debate”

Arizona State Law Journal Blog
By Julianne Baggett. On October 18, 2021, the U.S. Supreme Court issued two per curiam opinions extending qualified immunity protections to law enforcement officers accused of using excessive force—one case coming from the Ninth Circuit and the other from the Tenth Circuit. These opinions come as a surprise to some after a decision reached by the Court last November seemed to take a step back from the stringent requirements of qualified immunity. The cases here illustrate that the Court is still inclined to continue to apply the doctrine as it stands, and may even be poised to expand its protections, despite nationwide calls to seriously reconsider it. What is Qualified Immunity? Before defining qualified immunity, it’s necessary to first discuss the law typically avoided by its application: 42 U.S.C. §…
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Clean Air and the Crossroads of Environmental Protection

Arizona State Law Journal Blog
By Nick Hodder. The United States Supreme Court recently agreed to take a closer look at the Environmental Protection Agency’s (“EPA”) statutory authority. Specifically, the Court agreed to hear four cases challenging the agency’s power to limit CO2 emissions from coal power plants. The actual cases—West Virginia v. EPA, 20-1530; North American Coal Co. v. EPA, 20-1531; Westmoreland Mining Holdings v. EPA, 20-1778; and North Dakota v. EPA, 20-1780—should be heard early next year, but even agreeing to hear these cases sent shockwaves through the energy and environmental sectors. The Clean Air Act The EPA is responsible for setting environmental policy and regulating pollution in the United States. These cases address the Clean Air Act (“CAA”), the principle federal statute regulating air emissions. The provision at issue empowers the EPA…
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Four-Year Degrees at Two-Year Colleges: Arizona Expands Access to Higher Education

Arizona State Law Journal Blog
By Matt Lutz. As of September 29, Arizona allows community colleges to offer four-year degrees. Senate Bill 1453 (SB 1453), which was signed into law by Governor Ducey on May 4, 2021, was intended to expand access to higher education among historically underrepresented populations. However, the bill’s opponents, including the Arizona Board of Regents, argue that the state needs its community colleges to focus on increasing graduation rates for its existing two-year programs, not to expand into four-year degrees. Whether the new law will create meaningful impacts and increase education attainment for diverse students remains to be seen. ARIZONA’S ROCKY EDUCATION HISTORY  Arizona has a well-known history of underperformance in education. And the situation, at least in our public school systems, does not appear to be improving. In 2021, WalletHub…
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The Future of Critical Race Theory Education in Arizona

Arizona State Law Journal Blog
By Claire Newfeld. Coined by renowned lawyer and civil rights advocate Kimberlé Crenshaw, critical race theory is a body of scholarship and an academic movement anchored in the premise that the social construction of race, along with racial bias, permeate American institutions, laws, and policies. Though critical race theory has existed for over thirty years—and its foundational ideas for centuries—it recently made headlines due to efforts to introduce critical race theory into public instruction and conservatives’ subsequent attempts to shut down those efforts. Arizona is one of eight states that have passed legislation banning instruction on critical race theory in schools. In early November, the Arizona Supreme Court unanimously affirmed a Maricopa County Superior Court ruling that held the law unconstitutional. Arizona’s Ban on Critical Race Theory Section 21 of…
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Trading Bitcoin Stock, Crypto as Legal Tender, Oh My! How Arizona is Working Toward Becoming a Leader in Cryptocurrency

Arizona State Law Journal Blog
By Avery Cartwright. Did you know that you can now buy stock shares in Bitcoin on the New York Stock Exchange (NYSE), simply by using any stock brokerage app? Last week, ProShares launched an exchange-traded fund linked to Bitcoin futures. This means that people can invest in Bitcoin like any other company traded on the NYSE. Of course, someone who invests in this way does not actually hold any cryptocurrency directly. However, this may be the beauty of it—people can now get involved with Bitcoin without needing to take any of the perceived risks associated with unregulated cryptocurrency exchanges. Here’s how the exchange-traded fund (ETF) works: the ETF speculates on the future price of Bitcoin, meaning that investors on the NYSE are essentially betting on actual Bitcoin’s price fluctuations. Therefore,…
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Water-Neutral Development as a Key Component in Arizona’s Water Security Strategy

Arizona State Law Journal Blog
By Benjamin A. Longbottom. Introduction Western water insecurity. Ninety percent of the Western United States is experiencing severe drought. Lake Mead is at its lowest level since the Hoover Dam was built in the 1930s. The recent declaration of a shortage on the Colorado River has heightened concerns about water security and drought resilience in the West. Climate change is exacerbating fundamental sustainability problems like population growth and water insecurity. The United Nations defines water security as “[t]he capacity of a population to safeguard sustainable access to adequate quantities of acceptable quality water for sustaining livelihoods, human well-being, and socio-economic development . . . .” Drought, along with legal and socioeconomic factors, is making Arizona an increasingly water-insecure state. For example, some farmers in Arizona’s Pinal County, hit hardest by…
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The Highs and the Lows of the Adult-Use Marijuana Social Equity Program

Arizona State Law Journal Blog
By Chloe Plaisance. Introduction In November of 2020, Arizona voters passed Proposition 207, also known as the Smart and Safe Arizona Act (the “Act”), which legalized adult-use marijuana for individuals 21 and older. Proposition 207 defines the terms of legal possession of marijuana and sets forth guidelines for retail establishments which intend to sell marijuana. In addition to regulating the use and sale of marijuana, Proposition 207 goes one step further to aid those who were previously impacted by marijuana laws. First, the Act allows for certain individuals to petition for expungement of their criminal records pertaining to certain marijuana related offenses. Second, the Act creates “social equity licenses” for adult-use marijuana establishments. Social Equity Licenses The social equity program created by Proposition 207 is intended to make adult-use marijuana…
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Protecting Arizona’s Wild: How Environmental Groups are Holding the Forest Service Accountable Under the Endangered Species Act

Arizona State Law Journal Blog
By Abigail Knox. On October 13, a Ninth Circuit judge approved a settlement agreement that holds the Forest Service accountable for protecting Arizona’s watersheds and the endangered species that live there from the damage of domestic livestock grazing. For environmentalists, it’s like Groundhog Day: decades ago, the federal government promised to prevent grazing on Arizona’s sensitive riparian areas. However, the Center for Biological Diversity (CBD) and Maricopa Audubon Society (MAS) have found significant damage as a result of years of unauthorized cattle grazing. Based on these findings, CBD and MAS initiated multiple lawsuits last year, alleging that the US Forest Service and the US Fish and Wildlife Service are in violation of the Endangered Species Act due to their nonenforcement of these grazing restrictions. This time around, will the Forest…
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Contracted Into a Vaccine: Arizona Universities To Enforce Federal COVID-19 Vaccination Mandates

Arizona State Law Journal Blog
By Zach Levy. Introduction             COVID-19 vaccines have been widely available for almost a year. On August 23, 2021, the U.S. Food and Drug Administration (FDA) approved the first COVID-19 vaccine for individuals of 16 years of age and older. The Centers for Disease Control and Prevention (CDC) widely recommends the vaccination as a preventative measure, along with wearing masks indoors, hand washing, and social distancing. However, public concerns persist. Nearly 20% of U.S. adults say they do not intend to be vaccinated. In Arizona, only 52% of the population is fully vaccinated despite statewide efforts and the recent rollout of booster shots. Recent federal developments are sure to change these numbers in the near future. Executive Order: Safety Protocols for Federal Contractors             On September 9, 2021,…
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It’s Time for the Department of Veterans Affairs to Give Veterans Online Access to their Claims File

Arizona State Law Journal Blog
By Gordon Siu.             In recognition of their sacrifices, the United States provides monthly compensation to veterans who incur a disability connected to their active-duty military service during a congressionally defined period of war. These benefits are managed by the Department of Veterans Affairs (“VA”). The VA maintains a claims file (known as a “C-File”) on every veteran who files a claim for VA benefits. The C-File contains the evidence that the VA considered in granting or denying benefits, such as reports of medical exams ordered by the VA to determine eligibility for VA benefits. Careful review of the C-File is crucial to effective advocacy before the VA regarding a veteran’s claims. Veterans cannot get their C-Files in a timely manner             Despite its importance, the VA doesn’t make it…
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