COVID-19 and Tribes: The Structural Violence of Federal Indian Law

2020, Online, Online Volume 2 (2020) COVID-19 Symposium
Aila Hoss. Like countless other health conditions, the COVID-19 pandemic has resulted in inequalities. People of color are experiencing not only higher rates of COVID-19 infections but also worse outcomes from the infection. American Indians and Alaska Natives are experiencing COVID-19 infections at higher rates than other groups across several states including Arizona, New Mexico, and Wisconsin. The Navajo Nation, in particular, has been adversely impacted by COVID-19. As of the 2010 census, Navajo citizenship is around 300,000 people although more recent numbers cite citizenship population at over 350,000. The Tribe has had over 10,780 cases with 571 deaths as of October 14, 2020. By May 2020, the Navajo Nation had displaced New York City as having the highest per capita rates of COVID-19 infections in all the United States.…
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COVID-19, Telehealth, and Substance Use Disorders

2020, Online, Online Volume 2 (2020) COVID-19 Symposium
Stacey Tovino. A number of federal and state determinations, proclamations, statutes, regulations, executive orders, and notices of enforcement discretion (hereinafter authorities) have supported the rapid and unprecedented de-regulation of telehealth and telemedicine in the United States during the coronavirus disease 2019 (COVID-19) pandemic. On January 31, 2020, for example, Health and Human Services (HHS) Secretary Alex M. Azar II (Secretary Azar) used the authority vested in him under Section 319 of the Public Health Service Act to formally determine that a public health emergency (PHE) existed in the United States. On March 6, 2020, President Donald Trump (President Trump) signed the Coronavirus Preparedness and Response Supplemental Appropriations Act (CPRSAA), which included the Telehealth Services During Certain Emergency Periods Acts of 2020 (TSDCEPA), into law. On March 13, 2020, President Trump used…
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COVID-19 in American Prisons: Solitary Confinement is Not the Solution

2020, Online, Online Volume 2 (2020) COVID-19 Symposium
Nicole B. Godfrey & Laura L. Rovner. As of November 12, 2020, at least 182,593 people incarcerated in American prisons, jails, and detention centers have tested positive for COVID-19; 1,412 incarcerated people have died. As the disease spread rapidly across the country (and world) in March 2020, public and prison health experts warned that jails and prisons could become incubators of the highly infectious disease. Recognizing the risk posed to the nation’s incarcerated population, public health officials issued interim guidance meant to assist prison officials seeking to protect the health and safety of incarcerated people. Simultaneously, prisoners’ rights advocates across the country filed lawsuits seeking to ensure prison systems protect incarcerated people from the risk posed by COVID-19.  In response to these lawsuits and the public health guidance, crowded prison…
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Mental Health and the Aged in the Era of COVID-19

2020, Online, Online Volume 2 (2020) COVID-19 Symposium
Barbara Pfeffer Billauer. Before CoVid felled the planet, the number of new cases of dementia every year tallied at ten million, or one new case every three seconds. Alzeheimer’s disease, the most common form of dementia—which is fatal—affected 10% of Americans over sixty-five, some 4.7 million people. In recent years Alzheimer’s deaths rose 55%, 4 expected to quadruple by 2050. COVID-19 has dramatically exacerbated the situation. “At least 15,000 more Americans . . . died in recent months from Alzheimer’s disease and dementia than otherwise would have . . . .” This is about 18% higher than average. The CDC reported that between mid-March and mid-April, “about 250 extra individuals suffering from some form of dementia were dying each day.” In Wales, excess non-coronavirus related dementia deaths was 54% higher. In England, official figures tallied almost 10,000 unexplained…
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Enabling the Best Interests Factors

2020, Online, Online Volume 2 (2020) COVID-19 Symposium
Adrián E. Alvarez. For over a century, state courts and other child welfare agencies in the United States have been applying the “best interests of the child standard” to all decision-making concerning children. The standard is also enshrined within the UN Convention on the Rights of the Child (CRC)—a treaty that every nation in the world has ratified except the United States. Notwithstanding its widespread adoption in family law, the standard is, with only a few exceptions, noticeably missing from American laws and policies pertaining to children in the immigration system. Full Article. 
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COVID-19 and Individuals with Developmental Disabilities: Tragic Realities and Cautious Hope

2020, Online, Online Volume 2 (2020) COVID-19 Symposium
Samuel J. Levine.  The COVID-19 pandemic has cast the United States, along with the rest of the world, into a time of crisis and uncertainty unlike any other in recent memory. Months into the pandemic, there is scant agreement among scientists, government officials, and large segments of the public, both domestic and abroad, as to determining the causes and workings of the virus, designing appropriate and effective responses to the outbreak, and constructing accurate assessments of the future—or even of the present. Indeed, the availability of concrete information about the virus and its effects is grossly inadequate and often replaced by anecdotal or impressionistic depictions, not infrequently accompanied by rumor and speculation. Perhaps at some point in the future, with the benefit of the passage of time and access to…
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The Case for a Taking: Apple and the Government’s Mandated Law Enforcement Backdoor

2020, Current Issue, Online, Volume 52 (2020) Issue 2 (Summer)
Brian Teed. The holidays had arrived, and on December 2, 2015, San Bernardino County threw a party for its staff. The merriment turned to terror when a man and a woman stormed the building, carving through the attendees in a chaos of bullets. Law enforcement arrived quickly, shooting and killing both attackers, Syed Farook and Tashfeen Malik. The two shooters took fourteen lives and injured twenty-one people. Full Article.
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Time To Join the Playing Field: A Proposal for Legalizing Sports Betting in Arizona

2020, Online, Volume 52 (2020) Issue 1 (Spring)
Lauren Smith. The American Gaming Association (“AGA”) estimates that Americans illegally wager $150 billion on sporting events every year. In 2018, of this $150 billion, Americans illegally wagered an estimated $4.6 billion on Super Bowl LII. An estimated $9.7 billion was wagered illegally on the 2018 National Collegiate Athletics Association (“NCAA”) March Madness men’s basketball tournament. Full Article
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A Push for Personhood Under a New Guise: Arizona’s SB 1393

2019, Online, Past Issues, Volume 51 (2019) Issue 4 (Winter)
Emily Morehead. Ruby Torres’ breast cancer diagnosis not only changed the course of her life but also laid the foundation for recognizing embryonic personhood in Arizona. In June 2014, Torres, an Arizona attorney, discovered she had an aggressive form of breast cancer. Upon learning that cancer treatment could leave her infertile, Torres and her now ex-husband, John Joseph Terrell, decided to undergo in-vitro fertilization (“IVF”) treatment. Torres hoped IVF treatment would allow her to have biologically-related children down the road. Although Torres eventually beat her cancer and is now in remission, her marriage ended in a divorce and bitter dispute over what to do with the cryopreserved embryos. During Torres’ divorce proceedings in 2017, Maricopa County Superior Court Judge Ronee Steiner faced the unprecedented question of how to deal with…
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Trademark Licensing: A Once Concerning Mechanism for Transfer Faces New Certainty Under Mission Product Holdings, Inc. v. Tempnology, LLC

2019, Online, Past Issues, Volume 51 (2019) Issue 3 (Fall)
Hilary Weaver. Long-term trademark licensing agreements are inherently risky transactions for licensees. Consider the risks facing a hypothetical business owner who licenses rights in the trademark of an up-and-coming business under a long-term, exclusive licensing agreement. If the licensed trademark loses popularity over time, the license’s value could plummet and cause the licensee to suffer a financial loss. On the other hand, if the licensor’s brand becomes exponentially more popular, market demand for products under the licensed mark could increase and generate large profits for the licensee. Under the latter scenario, securing long-term rights under the licensing agreement could even empower the licensee to feel comfortable hiring additional employees, leasing a larger manufacturing space, or making other long-term investments in reliance upon the continued use of the mark. Full Article
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