Arizona State Law Journal Blog

By Jacinda Stephens The Democratic National Committee’s Challenges to Arizona Voting Policies In 2016, the Democratic National Committee (“the DNC”) unsuccessfully petitioned for preliminary injunctions to stop Arizona from enforcing two of its voting policies. The first policy involved out-of-precinct voting: under Arizona law, if a voter casts a provisional ballot outside of his or her designated voting area, then it is considered invalid and is not counted. The second policy, created by a “ballot-collection” statute, states that the only people who can collect and submit completed early ballots are the voter, a family member, the U.S. Postal Service, or election officials. The DNC’s argument was that the two policies violated Section 2 of the Voting Rights Act. Section 2 prohibits any “qualification or prerequisite to voting or standard, practice,…

By RivaLee FerlandAmidst these challenging and unprecedented times, many individuals have turned toward their faith for guidance. A major component to practicing a religion is attending in-person church services—many of which are held indoors. In an attempt to control the spread of COVID-19, states have imposed restrictions on church services due to the pressing need for proper caution and social distancing measures.In June, for example, New York implemented guidelines for religious services. The restrictions capped attendance for indoor church services to 33% of the building’s occupancy and allowed up to 50 individuals for outdoor church services in Phase 4 regions. Additionally, individuals engaged in singing must stay twelve feet apart, and face coverings are required for those who come within six feet of each other. Taking the restrictions a step…

By Alexandra Eagle.A Rise in Anti-Trans LegislationIn the past year in the United States, state legislatures have proposed and passed a number of laws designed to limit or restrict trans folks’ (and especially trans youths’) access to healthcare and equal participation. More than a dozen state legislatures have sought specifically to limit the rights of trans women and girls to participate on sports teams aligned with their gender identities.Proponents of trans sports bans argue that such bans are necessary to “protect” cisgender women athletes from trans women who, due to their “superior” strength and athletic abilities, would dominate women’s athletics. Opponents of the bans point to emerging understandings of both gender and sex. For example, new social and biological research suggests gender and sex are nondeterminative of physical abilities and…

By Jacob Pierce.  For the first time in 35 years, the United States Supreme Court will hear an antitrust matter involving the National Collegiate Athletic Association (“NCAA”). On March 31, 2021, the Court is set to hear oral arguments in a case called NCAA v. Alston. This case is significant because it has the potential to settle a landmark issue that has dominated college athletics coverage in the recent past—student-athletes’ right to compensation.  How Did NCAA v. AlstonReach the Court? Prior to reaching the Supreme Court, the Ninth Circuit Court of Appeals affirmed the United States District Court’s decision holding the NCAA cannot outright restrict or limit its member institutions from giving student-athletes non-cash benefits for the pursuit of academics. Under this holding, universities would be permitted to give benefits…

By Iris (Yeonjae) Lim.The Trump administration dramatically changed the asylum system during the past four years, and with the new Biden administration, asylum seekers at the U.S.-Mexico border are hoping for a change. More specifically, many people are wondering what Biden’s administration is going to do with the Migrant Protection Protocol (MPP) Program, more commonly known as the “Remain in Mexico” Program. Usually, someone who wants to enter the U.S. needs to have the appropriate visa; however, someone seeking asylum may approach the border without one and go through an additional process instead. Asylum seekers go through an interview, and if approved, proceed with the immigration adjudication process. Many of them are often detained during that process and, before the Trump administration, waited in the U.S. during that time period.…

By Chandler Smith.The Securities and Exchange Commission (“SEC”) requires companies to provide shareholders with proxy statements containing information they can use to make informed decisions at annual meetings. Institutional Shareholder Services, Inc. (“ISS”) is a proxy advisory firm that shareholders and investors use to inform their votes in addition to proxy statements. Glass, Lewis & Co. (“GL”) is a similarly situated proxy advisory firm. ISS and GL are the two most prominent and trusted advisory bodies that provide industry-leading viewpoints and proxy vote management solutions to boards across the world. Some say that ISS and GL have “taken the fun out of being a director” and replaced it with rigidity and compliance. Regardless, for most institutional investors, when ISS and GL speak—they listen. Accordingly, lawyers and firms must be kept…

IntroductionWith the pandemic wreaking havoc across the country and social justice rightfully occupying the spotlight of the last months, the 2020 Presidential Election focused primarily on the issues of COVID-19 response, economic recovery, and criminal justice reform. However, the often-discussed issue of immigration has also experienced notable turmoil, and there is certainly more to come. For decades, policy debaters have disagreed on the correct approach to immigration — should the United States open its borders and welcome high-skilled foreign labor, or should the country favor its own workers at the possible expense of innovation and the risk that companies may offshore their high-skilled activities? Although the debate has been long-running, the country’s lawmakers still vehemently disagree about the right course of action today.During his time in office, President Trump sought…

By Molly Walker. The beginning of 2021 was met with a continual rise in cases of COVID-19 across the United States, and Arizona was no exception. According to the Arizona Department of Health Services, there were 758,404 active COVID-19 cases as of January 31, 2021—a 14.3% positivity rate. Among the positive cases, 52,764 were hospitalized cases. In the latter half of January, cases began to decline, but the virus remains prevalent. Despite the persistence of COVID-19 in the new year, some government measures surrounding the virus ended in 2020. One such measure is the Families First Coronavirus Response Act (FFCRA) which put in place Emergency Paid Sick Leave (EPSL) and Expanded Family Medical Leave (EFML) for some workers. The FFCRA expired on December 31, 2020. Current State of COVID-19 Related…

By Aurora Walker.Inauguration Day is a long-standing tradition in the United States, marking the transition of presidential power from one individual to another. It is typically surrounded by many officialinaugural events, culminating in the inauguration ceremony. On Wednesday, January20, 2021, Joseph Biden was sworn in as the United States’ 46thPresident, with Kamala Harris as Vice President. The historic inauguration ceremony came exactly two weeks after Trump supporters laid siege to theCapitol building. This led to more than 20,000 National Guard troops being called in to the Capitol leading up to and during the inauguration.What happened during the inauguration ceremony?Of course, the highlight was the swearing in of our new federal executive leadership. Kamala Harris was sworn in by Justice Sonia Sotomayor, making history as the first woman and person of…

By Renee Guerin.The Constitutional Challenges:Since the COVID-19 virus arrived in the United States in early 2020, federal and state authorities have implemented a variety of regulations aimed at slowing its spread. A number of the most successful regulations—like stay-at-home orders, travel restrictions, and limits on small gatherings—significantly curtail individual liberty. Now, both the federal and state courts are considering the merits of numerous lawsuits challenging public health regulations which implicate the individual liberties outlined in the Bill of Rights. Although these rights loom large in the American imagination, as Harvard Law Professor Charles Fried explained, “these liberties [are not] absolute; they can be abrogated for compelling grounds. And in this case the compelling ground is the public health emergency.” "Oberwesel church interior" by barnyz is licensed under CC BY-NC-ND 2.0…