Past Issues – Page 16 – Arizona State Law Journal

19Feb 2020 by ASULJADMIN

“Don’t Force My Hand”: Gender and Social Class Variation in Relationship Negotiation

2019, Past Issues, Print, Volume 51 (2019) Issue 4 (Winter)

Amanda Jayne Miller & Sharon Sassler. Do the relationship processes leading to cohabitation and subsequent outcomes contribute to growing social class disparities in family behaviors? Our paper explores the role played by gender and class in relationship progression, from dating, to cohabiting, to talk of marriage and proposing. Data are from in-depth interviews with 122 service-class and middle-class cohabiting individuals (sixty-one couples). We find that men initiate dating and proposals far more often than do women, though gender equality is more evident in who raises the topic of cohabiting, and women are more likely than men to initiate discussions of marriage. Middle-class women express greater agency in forwarding relationships than their service-class counterparts, as they frequently raise the topic of marriage and establish the general pacing and time frame of…

19Feb 2020 by ASULJADMIN

Beyond Property: The Other Legal Consequences of Informal Relationships

2019, Past Issues, Print, Volume 51 (2019) Issue 4 (Winter)

Kaiponanea T. Matsumura. It has often been said that there are three parties to every marriage: the two spouses and the state. This aphorism reminds us that the state has a strong interest in the marital relationship and that this interest is reflected in pervasive legal regulation. The parameters of informal relationships are not so clear. Partners may not always share the same understandings of the significance of their relationship, legal or otherwise, and the state is also somewhat noncommittal about its role. Although nearly all states allow partners to bring contract-based claims against each other when their relationships come to an end and a small handful will impose economic obligations on cohabitants whose relationships are sufficiently marriage-like, most informal relationships begin and end without significant state oversight. Full Article

19Feb 2020 by ASULJADMIN

Race Matters in Research on Nonmarital Unions: A Response to Amanda Jayne Miller’s and Shannon Sassler’s “Don’t Force My Hand”: Gender and Social Class Variation in Relationship Negotiation

2019, Past Issues, Print, Volume 51 (2019) Issue 4 (Winter)

R.A. Lenhardt. At three-years old, I overheard my parents talking about one of my uncles. Chatterbox that I was, I promptly found that uncle after their conversation ended and apparently repeated much of what they said. It was not that my uncle—who did not appreciate what he heard from me at all—had done anything wrong. In fact, he had not done anything at all. And that, at least for my parents, was really the crux of the matter. It was early 1970. My uncle, a life-long New Yorker, had just become a first-time father. And, to their chagrin, he had not married the child’s mother. As it happens, his partner was no more interested in getting married than he. For my parents, however, that was almost beside the point. Like…

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

27Nov 2019 by ASULJADMIN

Burnt Lands, Dry Lakes, and Empty Pockets: Emergency Water Takings and Wildfires

2019, Past Issues, Print, Volume 51 (2019) Issue 3 (Fall)

Alexander Ronchetti. After weeks of endless meetings and memos, Doc finally arrived at his family’s upstate farm for some rest and relaxation. After settling in, he grabbed a chair and walked down the path to the lake where his family stored the farm’s water supply. On the drive up, Doc had heard about the wildfires that were moving their way across the state, but he had paid no attention to them because the fires were reportedly still hundreds of miles away and outside his water basin. After a little while he started smelling smoke and hearing helicopters in the distance. Alarmed, he looked up and saw that a wildfire was heading his way. Suddenly, over the tree line, a U.S. Forest Service helicopter rapidly approached and then stopped, hovering directly…

27Nov 2019 by ASULJADMIN

In the Field or in the Courtroom: Redefining the APA’s Military Authority Exception in the Age of Modern Warfare

2019, Past Issues, Print, Volume 51 (2019) Issue 3 (Fall)

James D. Cromley. Journalism can be a dangerous business. In 2017 alone, forty-eight journalists were killed worldwide. When the news of Washington Post reporter Jamal Khashoggi’s death at the hands of Saudi officials broke, American congressional leaders were quick to condemn the Saudi government. Watching these events with morbid detachment, most American citizens feel confident that the United States government would never use extrajudicial killing against one of its own. However, Bilal Abdul Kareem, an American citizen, claimed the United States government tried to kill him on five separate occasions. Full Article

27Nov 2019 by ASULJADMIN

Land Development: A Super-Wicked Environmental Problem

2019, Past Issues, Print, Volume 51 (2019) Issue 3 (Fall)

Blake Hudson. Hurricane Harvey dropped fifty-two inches of rainfall in the Houston, Texas area over only a few days in the summer of 2017 (the average annual rainfall in Houston is forty-five inches ). This was a record for any single storm event in the United States. At one point, a foot and a half of water covered seventy percent of Harris County, and one-third of the city of Houston was under water. So much water covered the region that it depressed the earth’s crust two centimeters. Ten thousand people were rescued from their homes as the floodwaters rose. Over 203,000 homes were damaged, with over 12,000 homes completely destroyed. 2017 was the third year in a row that Houston had suffered a “500 year flood”—floods in 2015 and 2016…

27Nov 2019 by ASULJADMIN

Professionally Responsible Artificial Intelligence

2019, Past Issues, Print, Volume 51 (2019) Issue 3 (Fall)

Michael Hatfield. A young mother visited her obstetrician, hoping for help losing weight. Her doctor turned to a computer program to determine what should be prescribed. The prescription killed the mother. Is this a case of professional irresponsibility? Or is it a case of product liability? Who is at fault: the doctor or the program developers? The New Jersey courts are deciding. Full Article

27Nov 2019 by ASULJADMIN

Fighting Overcharged Bills from Predatory Hospitals

2019, Past Issues, Print, Volume 51 (2019) Issue 3 (Fall)

Frank Griffin. Hospitals routinely expect patients to pay different prices for the same services and often ask the most vulnerable patients to pay ten to twenty-five times as much as the hospital routinely accepts as payment in full. For a service that the government allows participating hospitals to charge its patients $117 in 2019 dollars, some hospitals may charge patients up to $3254 for the same service, and most hospitals charge almost $500 for that same $117 service. Excess hospital charges or “markups” pose a significant financial burden (including frequent bankruptcies) on uninsured and out-of-network patients and cause some people to avoid necessary emergency or urgent care leading to unnecessary deaths and disabilities. Vulnerable patients in times of crisis enter a hospital believing they are in a safe haven—similar to…

27Nov 2019 by ASULJADMIN

International Arbitration and Attorney-Client Privilege—A Conflict of Laws Approach

2019, Past Issues, Print, Volume 51 (2019) Issue 3 (Fall)

Susan D. Franck. International arbitration is a lynchpin of international economic activity. Yet concerns linger about the integrity of international arbitration and recent critiques cast doubt on whether it properly provides rule of law adjudication or whether arbitrators engage in improper decision-making. Despite the enhanced public scrutiny, international arbitration is nevertheless on the rise for the resolution of commercial and investment disputes. Full Article