Arizona State Law Journal Blog – Page 4 – Arizona State Law Journal

Community Property with Right of Survivorship: Protected Under A.R.S. § 14-6102 or Not?

Nov 20, 2024

By Chase Duncan. Nonprobate Transferee Liability under A.R.S. § 14-6102A.R.S. § 14-6102(A) establishes that, except as otherwise provided by law, a transferee of a nonprobate transfer may be liable to the transferor-decedent’s probate estate for unsecured creditors’ claims. A transferee may…

House Bill 2042- What Effects Will the “Tamale Bill” Have as it is Finally Implemented?

Nov 14, 2024

By Gabriella Curatola. House Bill 2042 (“HB 2042”), commonly known as the “Tamale Bill,” was signed on March 29, 2024 by Arizona Governor Katie Hobbs. When the bill was proposed in 2023, Governor Hobbs opposed the bill due to concerns that…

Confirming Lower Court Judges in the Senate Lame Duck Session

Nov 11, 2024

Guest post by Professor Carl Tobias.In this election year, the divided parties are battling for the Senate majority and the presidency. One reason for the fight is that the party with the next upper chamber majority will greatly affect lower…

Compelled to Pay, Compelled to Speak: Rethinking Mandatory Student Fees Post- <em>Janus</em>

Compelled to Pay, Compelled to Speak: Rethinking Mandatory Student Fees Post- Janus

Nov 10, 2024

By Morgan Larson. Mandatory Student Programs Fees Are Unlawful Included in the list of mandatory tuition and fees for students enrolled at Arizona State University is a $35 fee labeled “Student Programs Fee.” The money from this fee funds registered student organizations…

The Central Arizona Oasis

Nov 07, 2024

By Cameron Welker. As Arizona’s population grows, so does the demand for water. For residents, water is an essential resource, but for investment firms, it is a valuable asset. Arizona’s most populous county, Maricopa, experienced the largest population gain in the…

Caught in the Crossfire: How the Arizona Families Tax Rebate Became a Federal Debate

Nov 05, 2024

By Kate Cox. Nothing is certain except death, taxes…and states challenging the limits of federal power.In October 2023, Governor Katie Hobbs announced the one-time Arizona Families Tax Rebate after a bipartisan coalition in the State Legislature passed Senate Bill 1734. This…

Proposition 314: Likely to Pass—Will It Even Take Effect?

Nov 04, 2024

By Andy Simmerman. While most people will be focusing on the presidential race this Election Day, Arizona voters will also be casting votes for and against a number of ballot measures known as initiatives. One measure in particular, Proposition 314, is…

Unjustifiable Expense: Tribal Nations Should be Included in FRE 902(1)

Nov 02, 2024

By Crispin South. First year law students are often taught that there are two types of governments in the United States: state governments and the federal government. Legal professionals in Arizona are more likely to know that this is a significant…

Criminalizing Homelessness Under the Guise of Public Safety

Oct 21, 2024

By Allison Mazella. Phoenix Ordinance G-7264 went into effect on September 1, 2024, updating Phoenix City Code § 23-30 to prohibit camping “within 500 feet of any property boundary of a school, child care facility, shelter, or City park.” In a…

<em>Roberts v. State</em>: Arizona Supreme Court Strengthens the Nondelegation Doctrine in Recent 2022 Decision

Roberts v. State: Arizona Supreme Court Strengthens the Nondelegation Doctrine in Recent 2022 Decision

Oct 18, 2024

By Summer Maughan. The nondelegation doctrine is the principle under the separation of powers that the legislative branch cannot delegate its lawmaking power and authority. The pivotal reason behind the doctrine is to ensure that elected representatives and government officials subject…

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