Arizona State Law Journal Blog

By Alexander Egber. At first blush, it might not be obvious why legislation coming out of the European Union is pertinent to Arizona residents. Europe is about 5,000 miles away, after all, and intuition suggests that a more appropriate focus would be on state and federal legislation. Nonetheless, a myopic focus at home might distract us from critically important developments taking place across the Atlantic. One such development is the rapid enactment and evolution of data privacy and internet usage laws that have an outsized impact on the rest of the globe. Although these legislative actions aren’t specifically directed towards American business, we must remember that our nation’s economic prosperity is inevitably intertwined with EU affairs. As described in this post, EU initiatives aimed at protecting its own citizens’ data…

By Aubrey Davis. Debbie and Joe Faillace opened their sub shop over 35 years ago in downtown Phoenix, within walking distance from the Arizona State Capitol. They have enjoyed watching the Capitol community grow and flourish over the years. When the couple’s children were young, they even expanded the shop to make a nursery for their son so that he could stay with them during the day. However, the shop is located in an area of downtown Phoenix called “the Zone.” The Zone surrounds Phoenix’s Human Services Campus, which provides a variety of resources to people experiencing homelessness. There are over 1,000 homeless individuals in the encampment, and the resulting conditions are having a detrimental effect on the businesses and residents in the area. The Faillaces have had their shop’s…

By AnnaMarie Lively.Upon reaching the U.S.-Mexico border, a Sikh asylum-seeker who had left his country in pursuit of political asylum in America encountered Border Patrol agents who mandated that he surrender his belongings. Among these belongings were two valuable symbols of the Sikh faith. When he was ordered to remove his turban, the man pleaded with the officers and explained, “It’s my religion.” He was then forced to remove his turban and throw it into a trash pile. Thereafter, the man requested that he be allowed to keep the turban upon being released from custody. However, this request was also denied. In an interview discussing the experience, the man stated, “I felt so bad.”Reports of similarly abhorrent stories have been on the rise as Border Patrol agents in the Yuma…

By Erin Jenkins.  In July 2022, Arizona Governor Doug Ducey ratified a law that makes it illegal for people to videotape within eight feet of law enforcement activity. Expected to go into effect in September 2022, critics argue the law limits transparency, decreases accountability, and restricts the public’s First Amendment right to free speech. News outlets and the American Civil Liberties Union (ACLU) have recently filed a lawsuit in the U.S. District Court of Arizona challenging the constitutionality of the law.H.B. 2319: THE LETTER OF THE LAWThe Arizona bill, known as H.B. 2319, was signed into law by Governor Doug Ducey in July of this year. The exact provisions of the law prohibit recording law enforcement activity from within eight feet of where the law enforcement activity is occurring. The restriction…

By Nicholas Traver. The U.S. Food and Drug Administration (FDA) is once again demanding stronger safety regulations and increased funding for its regulation of the dietary supplement industry. This month, the FDA released its budget request for fiscal year 2023 totaling $8.3 billion. The budget proposal exceeds FY2022’s request by almost $2 billion and includes specific funding requests and amendments that would permit the FDA to increase regulations of dietary supplements by requiring supplement manufacturers to register their products with the FDA. This registration requirement would help the FDA. Consumer Harms from Dietary Supplements The FDA’s cause for concern over dietary supplements is noteworthy. For years, the FDA has seen questionable manufacturers bypass legal requirements and introduce deleterious products into the market. Recently in California, a man named Nam Hyun…

By Joanna Jandali. In 2013, two Arizona parents’ lives were shattered when they learned that ISIS had taken their daughter hostage in Syria. Kayla Mueller grew up in Prescott, Arizona, attending Northern Arizona University where she received a bachelor’s degree in political science. From a young age, Kayla dedicated herself to helping others. In high school, she won awards for her volunteer efforts; in adulthood, she worked around the world, advocating for human rights issues and providing humanitarian assistance. Kayla’s selflessness is what ultimately brought her to Syria in 2013. On August 3, 2013, Kayla and a friend traveled to Aleppo to help fix the internet at a Doctors Without Borders compound. ISIS fighters abducted her one day later. In 2015, after two horrifying years trying to secure Kayla’s release,…

By Sydney Plaskett. On March 30, Arizona Governor Doug Ducey enacted a wave of controversial bills, one of which mandates documentary proof of US citizenship (DPOC) to vote in elections. While the law will likely be shut down in the courts, it could potentially cut off voting for at least 31,500 Arizona voters in the interim. Even more concerning is the risk that the facially unconstitutional bill will survive the impending legal challenges, given the conservative makeup of the Supreme Court. If the law remains, its impact on Arizona voters could be disastrous. A Closer Look at the Law House Bill 2492 requires all Arizona voters to provide documentary proof of US citizenship. It also requires voters to provide a home address on their registration forms. Arizona is the only…

By Sarah Doberneck. On March 1, 2022, the United States Supreme Court heard oral arguments in the case Kahn v. United States, which involves an Arizona doctor convicted of unlawfully prescribing controlled substances. Specifically, the doctor was convicted for an opioid pill peddling scheme. The case highlights the conflict between the government’s need to control the opioid epidemic and a doctor’s responsibility to treat patients for their pain. Overprescribing of Opioids and the Resulting Epidemic In the 1990s, health care providers began prescribing opioid pain relievers at higher rates than ever before. This was largely due to pharmaceutical companies’ assurances that opioids were not addictive and thus could safely treat patients’ pain. The increase in opioid prescriptions led to widespread misuse of both prescribed and non-prescribed opioids before it became…

By Noah Goldenberg. Reauthorization of VAWA On March 15, 2022, President Joe Biden reauthorized the Violence Against Women Act (“VAWA”). VAWA’s reauthorization clarifies the limits of a debilitatingly narrow view of tribal criminal jurisdiction. Passed with bipartisan support in both chambers of Congress, VAWA recognizes Special Tribal Criminal Jurisdiction (“STCJ”) over non-Indians who commit “covered crimes” against Indian women and children within Indian country, including child violence, domestic violence, stalking, dating violence, and violations of protective orders. Like the U.S. and  its states, tribal nations are recognized sovereigns, so it may come as a surprise to many that, until VAWA’s 2013 reauthorization, federal Indian law limited tribal criminal authority over non-Indians. Before 2013, federal courts limited tribal criminal jurisdiction over non-Indians because of a particularly unfortunate Supreme Court holding in…