Online – Page 2 – Arizona State Law Journal

19Nov 2020 by ASULJADMIN

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*** Full Article. Introduction I. Solitary Confinement and its Harms II. The Harms of the COVID-19 Pandemic to Incarcerated People III. Solitary and the COVID-19 Pandemic A. The Muddled Eighth Amendment Doctrine B. Deference to Prison Officials C. Resistance to Release Conclusion Introduction 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.[1] 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.[2] Recognizing the risk posed to the nation’s incarcerated population, public health officials issued interim guidance meant to assist prison officials seeking to…

17Nov 2020 by ASULJADMIN

Mental Health and the Aged in the Era of COVID-19*

2020, Online, Online Volume 2 (2020) COVID-19 Symposium

Barbara Pfeffer Billauer** Full Article. I. Introduction II. A Policy of Disposable Oldsters and the effects of Isolation A. Elder-Oriented CoVid Policies B. The Culture of the Disposable Elderly III. Stress and Quarantine–a Cause and a Marker for Disease A. A Policy Fostering Adverse Mental Health B. Non-CoVid Deaths IV. Flawed Data Driving Policy and Artificially Inflating Deaths A. NYS Nursing Home Study and the Impact of Confounders V. Conclusion: The Law of Unintended Consequences and a Call for Therapeutic Justice I. Introduction 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.[1] Alzeheimer’s disease, the most common form of dementia—which is fatal—affected 10% of Americans over sixty-five,[2] some 4.7 million people.[3] In recent years…

11Nov 2020 by ASULJADMIN

Enabling the Best Interests Factors*

2020, Online, Online Volume 2 (2020) COVID-19 Symposium

By Adrián E. Alvarez** Full Article. I. Introduction II. ORR’s Use of Admissions of Prior Gang Affiliation in Therapy Sessions III. The Best Interests of the Child and Access to Mental Health Services A. Best Interests of the Child Standard B. Unaccompanied Minors Right to Mental Health C. Using Therapy Notes To “Step Up” Minors Violates the TVPRA IV. Disability Law Can Provide Added Protections Within the Best Interests Framework I. Introduction 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.[1] 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…

08Nov 2020 by ASULJADMIN

COVID-19 and Individuals with Developmental Disabilities: Tragic Realities and Cautious Hope*

2020, Online, Online Volume 2 (2020) COVID-19 Symposium

Samuel J. Levine** Full article. I. Introduction—The COVID-19 Crisis II. Tragic Realities III. Conclusion—Cautious Hope I. Introduction—The COVID-19 Crisis 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.[1] 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…

13May 2020 by ASULJADMIN

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

29Feb 2020 by ASULJADMIN

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…

27Nov 2019 by ASULJADMIN

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