Arizona State Law Journal Blog

By Helen Pauly.  In 2022, Arizona spent less per student on public K-12 funding than any other state. For several years Arizona has ranked between forty-eighth and fiftieth in the nation for per-student state funding, with the issue getting substantially worse after major funding cuts by the state legislature beginning in 2009. This situation has been partially caused by a localized funding system where schools in Arizona are funded by bonds which are approved by the localities and neighborhoods in which the schools serve. These bonds will be repaid by future property taxes, meaning many rural schools do not have access to the type of money that is available to other schools because the surrounding neighborhoods are impoverished or have lower property values.  Although, at first glance, it may seem…

By Mattheus Thielemann. A delicate balance of powers is the cornerstone of the American republic and its constituent state governments. In recent decades, there has been growing concern, both at the federal and state level, of an increased executive power throwing off this balance. The COVID-19 pandemic brought this imbalance to the attention of voters and politicians alike through the widespread use of emergency declarations, granting special executive powers. In Arizona, there was widespread anger over Governor Doug Ducey’s powers exerted during the COVID-19 state of emergency, which lasted nearly a year and allowed him to close schools and business. A Needed ChangeThis anger has backed the Arizona Emergency Declarations Amendment, a proposed constitutional amendment being considered for Arizona's November elections. Under the amendment, the legislature could alter and terminate the emergency…

By Cathryn Newman.  The SunZia Transmission Project  In May 2023, the Department of the Interior’s Bureau of Land Management (BLM) approved the largest wind project in the Western Hemisphere and in U.S. History, the SunZia Transmission Project (SunZia). SunZia is a privately funded project comprising a 3.5-gigawatt wind farm in New Mexico and two 500-kilovolt above-ground transmission lines across approximately 550 miles of federal, state, and private lands between central New Mexico and Arizona. The goal of this project is to transport up to 4,500 megawatts of renewable energy generated by the wind farm to more than three million Americans in New Mexico, Arizona, and California. Secretary of the Interior Deb Haaland stated, “[t]he SunZia Transmission Project will accelerate our nation’s transition to a clean energy economy by unlocking renewable…

By Sarah Wastek.  In January 2024, during her run for Senate, Kari Lake leaked a recording of a conversation she had with Arizona GOP Chairman Jeff DeWit. In the recording, DeWit hints that certain powerful people do not want Lake to continue her run for Senate. He begins to ask, “Is there a number at which” before Lake interjects and inquires, “I can be bought?”  This is just one example of the power of a one-party consent recording law. Arizona is one of 38 states, along with the District of Columbia, that only require one party to consent to an audio recording. Most one-party consent laws require that in order to record a conversation, you must be (1) one of the parties participating in the conversation and (2) present during…

By Kate Kaufman. In Governor Katie Hobbs’s State of the State address, she proclaimed that Arizona “has long failed to live up to its obligation to adequately invest fairly in public education in every community.” Hobbs committed to making education reform a top priority of her administration this year. She specifically addressed the state’s student voucher program. Arizona’s student voucher program allocates funds the state would have spent on a student if they attended public school into an Empowerment Savings Account (“ESA”), which the parents of that student can then use on preapproved education expenses.The ESA program was designed for students with qualifying disabilities whose needs were not being met in the public school system. If a parent decided not to enroll their child in the public school system, the ESA…

By Reece Tack. In a controversial case of property rights versus corporate control, Jie Cao and Haining Xia’s (“Plaintiffs”) ownership of their condominium at Dorsey Place in Tempe, Arizona, has been put to the test. Plaintiffs purchased a condominium at Dorsey Place in Tempe, Arizona, in 2018. The complex contains ninety-six units, and Pathfinder Partners (“PFP”) acquired ninety of them. Pursuant to the covenants, conditions, and restrictions (“CC&Rs”) that apply to this complex, each unit has one vote in the association, so PFP controls ninety of the ninety-six votes (or 94%). The Arizona Condominium Act specified a condominium agreement may be terminated by an 80% affirmative vote (“80 Percent Rule”). Unsurprisingly, PFP exercised its votes to force the remaining individual owners out of their units, so it could own them all.…

By Jack Cahill. Prospective homebuyers witnessed a surge in home prices over the last several years, particularly here in Phoenix. While this unprecedented trend is slowing down thanks to growth in inventory and lower interest rates, this newfound market stability could be threatened in Arizona and nationwide by the so-called Commission Lawsuits.In November 2023, a Kansas City jury took less than three hours to determine that the National Association of Realtors (NAR) and associated local brokerages were liable for $1.78 billion in damages, with treble damages that could result in NAR paying upwards of five billion dollars. This class-action suit, Burnett v. NAR, is the most prominent of the Commission Lawsuits. In that case, plaintiffs alleged that the trade association NAR and associated brokerages colluded to “fix prices” in order to…

By Rosie McCormack.  Every American middle schooler learns that, in our three-branch government, the legislature makes the laws. Few people may know, though, that Arizona’s Constitution grants ordinary citizens lawmaking power too. Article IV, part 1, section 1 of the Arizona Constitution vests lawmaking authority in the legislature, but it also states that “the people reserve the power to propose laws and amendments to the constitution and to enact or reject such laws and amendments at the polls, independently of the legislature.” Citizens also have the power to approve or reject legislation via a veto referendum.  Arizonans have weighed in on 459 ballot measures since statehood, 211 of which were initiated by citizens. Some of these measures have created impact far beyond Arizona by raising questions about the federal Constitution.…

By Emma Smith.  On September 20, 2023, a Maricopa County Superior Court judge issued a final judgment in Brown v. City of Phoenix, holding that a Phoenix homeless encampment—known as The Zone—was a public nuisance. This ruling imposed a duty upon the City of Phoenix to remove the tents, makeshift housing structures, and inhabitants from the area.  On its face, this ruling forces the City of Phoenix to “clean up” the streets of downtown—or at least the sidewalks bordered by 9th Avenue, Jackson Street, 13th Avenue and Jefferson Street—providing a “win” for the Zone’s business owners, residents, and others who work in the area. And it ideally prompts the City of Phoenix to take a more active role in addressing the housing crisis and the complex needs of those experiencing…

By Kaitlyn Vance.  The Purpose of the Corporate Transparency Act  Congress signed the Corporate Transparency Act (CTA) into law on January 1, 2021, which requires certain corporate entities to disclose identifying information. The CTA increases transparency about the ownership and control of corporate entities in hopes of deterring money laundering, terrorist financing, tax fraud, and other illegal acts. Before the CTA’s reporting requirements, bad actors could conceal ownership of corporate entities by using shell companies. By requiring entities to disclose certain identifying information, Congress believes it can better protect national interests and more successfully counter the illegal acts mentioned above.  Prior to the CTA’s enactment, businesses were only obligated to provide the required identifying information if the Financial Crimes Enforcement Network (FinCEN) directly solicited it. Now, business entities have an…