Arizona State Law Journal Blog

By Kristin Leaptrott. Over the past several weeks, students have returned to university campuses across the country after a year and a half of virtual (or at least partially virtual) instruction. For many of them, the joy of in-person learning has come at a price: proof of vaccination against COVID-19. Colleges and universities in 39 states and Washington, D.C. have imposed COVID-19 vaccine mandates on students attending classes this fall; Arizona is not one of those states. However, with the recent full FDA approval of Pfizer’s COVID-19 vaccine, some Arizona students may be wondering whether a mandate is in their future. IN-PERSON LEARNING IN THE TIME OF COVID-19: KEEPING STUDENTS SAFE (OR TRYING TO) On June 14, 2021, Arizona State University (ASU) announced that it was strongly recommending that all…

By Natalie Packard. On August 19, 2021, the Arizona Supreme Court in Fann v. Arizona allowed the Invest in Education tax initiative to stand while the lower state court decides if the tax revenue will surpass the state constitutional limit. While this may seem like a victory for Invest in Ed, the Supreme Court’s decision held that the tax initiative’s characterization of the revenue as “grants” was unconstitutional and may lead to the initiative being struck down by the lower court. The Tax Initiative - Proposition 208 Invest in Education filed an initiative on February 14, 2020 called the “Invest in Education Act” (“Act”) that was placed on the ballot as Arizona Proposition 208 (“Prop. 208”). Prop. 208’s purpose is to raise revenue for schools by imposing an income tax…

By Katie Giel.On October 5, 2020, U.S. District Judge Logan ordered that the voter-registration deadline be extended 18 days to October 23. The ruling was immediately appealed to the Ninth Circuit, where it was stayed on October 13, ending the voter-registration period on October 15. Arizonans will probably recall this highly confusing period where articles continued circulating on social media about the lower court’s extension, even though the Ninth Circuit had already closed registration. The Ninth Circuit’s reasoning in this decision may illuminate how future cases about burdens on the right to vote will be evaluated. The Argument Plaintiffs Mi Familia Vota and the Arizona Coalition for Change argued that the circumstances of 2020 make it so the original voter-registration deadline of October 5th would be burdensome to the exercise…

By Shayna Frieden.Beginning around 5 p.m. on Tuesday, March 16, a shooter killed eight people at three different spas in and around Atlanta, Georgia. Six of the victims were Asian women. Although authorities have not yet confirmed a motive, these fatal shootings come amidst a year of increasing anti-Asian discrimination and violence. Nearly 3,800 hate incidents have been reported since March of 2020, and more than double of the attacks were against women. Forty-three incidents of anti-Asian discrimination have also been reported in Arizona since March of 2020.The existence of hate crimes is unfortunately not new in our society. In Arizona in 2019, crimes motivated by race and ethnicity accounted for nearly 66% of the reported incidents (143 out of 217), which was the highest percentage of the decade. Advocates…

By Kole Lyons.In January 2021, a coalition of Idaho legislators introduced H.R. 320, The Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2021. This proposal would leave the Ninth Circuit covering California, Guam, Hawaii, and the Northern Mariana Islands. Meanwhile, the proposed Twelfth Circuit would cover Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Washington. The Twelfth Circuit would hold its regular sessions in Seattle, Washington, and Phoenix, Arizona. Idaho proposes this bill to reduce the Ninth Circuit’s burden, which is currently the largest and most backlogged Federal Circuit Court of Appeals.Ninth Circuit StatisticsThe Ninth Circuit Court of Appeals was established 130 years ago in 1891. At that time, the two judges on the court had jurisdiction over California, Idaho, Montana, Nevada, Oregon, and Washington. Those regions’ population was…

By Stephanie Deskins.  Call for COVID-19 Vaccine Passports As the pandemic rages on, lawmakers across the country are desperate to reopen their communities and their economies. New York State introduced the digital “Excelsior Pass” in March, allowing individuals to regain access to popular venues after proving they received a COVID-19 vaccine. Other states like Hawaii that have been hard hit by reduced tourism are similarly developing app-based vaccine passports.  The Biden administration caused national uproar after announcing plans to create a national vaccine passport.  Florida Governor Ron DeSantis stated he would use an “executive function” to block any vaccine passport system in his state.  Two Ohio state legislators opposed to vaccine passports plan to introduce legislation that preempts vaccine passports in Ohio. In light of these and other concerns, the…

By Brianna Pachuilo. After seventeen years without a single federal execution, the federal government resumed executing death-row inmates last summer in the midst of a global pandemic. This timing was curious with declining national approval of the death penalty and a nationwide battle to keep people healthy and alive at the height of a global health crisis. Arizona has recently followed suit, with the Arizona Department of Corrections (ADC) announcing it is also prepared to resume executions. The execution uptake intertwines a number of legal, political, and humanitarian concerns at the federal and state level. Federal Level Starting in July 2020, the federal government began carrying out executions at an alarming rate. Over the past year, there has been an unprecedented thirteen executions in the past six months, which is…

By Gideon Cionelo. “No one is above the law.” Presidents, protestors, and prosecutors often repeat this talking point because it emphasizes fairness and equal justice—integral parts of any legal system. But is it true? Well, not always. If you’re ultra-wealthy, you can purchase access and protection that virtually places you “above the law.” How does this happen? Let’s walk through each step. Step One: Become Ultra-Wealthy Most people aren’t born with tens of millions of dollars to their name, so becoming ultra-wealthy is the first task. Perhaps you can reach this point after a lifetime of good luck, genius, and hard work—but that’s difficult. Corruption is much easier. While corruption takes many forms, the most common path is to leverage personal and professional connections within a poor country that has…

By Hanna Reinke. Introduction COVID-19 has upended seemingly every aspect of life as we previously knew it. With all fifty states issuing independent emergency declarations and the federal government invoking emergency measures of its own, a large portion of life outside of the home was sidelined or significantly altered for months on end. With the added time that many have been spending in their homes, there’s been a noticeable, and unsurprising, uptick in individuals who subscribe to various streaming services (e.g., Netflix, Hulu, YouTube TV). However, in light of the litany of COVID-19 social distancing measures imposed nationwide, content creation in the entertainment industry has taken a hit. As movies and regular television show releases became more sparse, consumers were left wondering what was truly happening to their beloved entertainment…

By Eric Wilkins. Arizona officials recently announced that they have acquired a supply of pentobarbital, a difficult-to-obtain lethal injection drug. Plans to resume executions will end the current period of nearly seven years without state-administered capital punishment. The ending of this long hiatus has, once again, brought to the public attention unsettled questions of ethics, legality, and policy surrounding the controversial practice. Modern Capital Punishment in Arizona and the U.S. One thing is undisputed: Arizona’s reputation with capital punishment is tarnished at best. In July 2014, Arizona received national attention as death row inmate Joseph Wood somehow received a chemical dose that was fifteen times greater than the designated lethal dose—and then died slowly as he gasped and choked for air for almost two hours. Under normal circumstances, the execution…