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Articles 1 - 30 of 39
Full-Text Articles in Law
Till The Rivers All Run Dry: Equal Sovereignty And The Western Water Crisis, Simon Ciccarillo
Till The Rivers All Run Dry: Equal Sovereignty And The Western Water Crisis, Simon Ciccarillo
Washington and Lee Law Review Online
Across the United States, a countless number of people rely on groundwater for basic necessities such as eating, drinking, agriculture, and energy-creation. At the same time, overuse combined with increasingly dry conditions throughout the country, tied to the increasingly unpredictable and devastating impacts of climate change, threaten this fundamental building block of society. Nowhere is this problem more pernicious than the American Southwest. The Colorado River Basin has always been the epicenter of water disputes between communities and states. Bad policies, unhelpful federal actions, and sluggish Supreme Court decisions stop the painful but necessary steps to address the increasingly dire …
Sharpening The Focus Of Free Speech Law: The Crucial Role Of Government Intent, R. George Wright
Sharpening The Focus Of Free Speech Law: The Crucial Role Of Government Intent, R. George Wright
Texas A&M Law Review
Contemporary free speech law is typically misfocused. This misfocus serves neither the purposes underlying the institution of free speech nor any broader social rights and interests in conflict with freedom of speech. As a general matter, the adjudication of free speech claims should properly focus, centrally, on the intent of the regulating government. More specifically, courts should focus crucially on whether the government has, in enacting or enforcing its speech regulation, intended to suppress or disadvantage a presumed or actual idea or its expression. This sharpened focus would allow the courts to responsibly address a surprisingly broad range of free …
Disposition Of Frozen Preembryos In The Case Of Divorce: New York Should Implement A Modified Mutual Contemporaneous Consent Approach, Kasey Bray
Touro Law Review
No abstract provided.
Arizona's Torres V. Terrell And Section 318.03: The Wild West Of Pre-Embryo Disposition, Catherine Wheatley
Arizona's Torres V. Terrell And Section 318.03: The Wild West Of Pre-Embryo Disposition, Catherine Wheatley
Indiana Law Journal
In this Note, Part I examines the three main approaches used in other state supreme court decisions to decide pre-embryo disposition disputes, as well as three perspectives on the legal status of the pre-embryo, and compares them with Arizona’s emerging law. Part II summarizes Arizona’s Torres trial court order and opinion and section 318.03. Part III then analyzes whether the Torres orders and Arizona’s new statutory “most likely to lead to birth standard”12 present constitutional issues and concludes that the trial court’s order, if reinstated by the Arizona Supreme Court, and section 318.03 can be challenged on substantive due process …
Chevron Deference In The States: Lessons From Three States, Carrie Townsend Ingram
Chevron Deference In The States: Lessons From Three States, Carrie Townsend Ingram
Journal of the National Association of Administrative Law Judiciary
The appointment of Justice Neil Gorsuch to the Supreme Court of the United States has left many wondering if a change to the Chevron doctrine is impending. Justice Gorsuch’s colleague on the Court, Justice Clarence Thomas, shares similar views on Chevron. This article will compare the federal rule to three different states: Indiana, Delaware, and Arizona. Each state has taken a different path in determining that the judiciary should not give deference to an agency’s interpretation of the statutes that it is charged with enforcing. Delaware has affirmatively declared that the Chevron doctrine is not applicable in its state. A …
The Democracy Ratchet, Derek T. Muller
The Democracy Ratchet, Derek T. Muller
Indiana Law Journal
This Article proceeds in five Parts. Part I identifies recent instances in which federal courts have invoked a version of the Democracy Ratchet. It identifies the salient traits of the Democracy Ratchet in these cases. Part II describes why the Democracy Ratchet has gained attention, primarily as a tactic of litigants and as a convenient benchmark in preliminary injunction cases. Part III examines the history of the major federal causes of action concerning election administration—Section 2 of the Voting Rights Act, the Burdick balancing test, and the Equal Protection Clause. In each, it traces the path of the doctrine to …
No Indeterminate Sentencing Without Parole, Katherine Puzauskas, Kevin Morrow
No Indeterminate Sentencing Without Parole, Katherine Puzauskas, Kevin Morrow
Ohio Northern University Law Review
This article looks critically at the indeterminate sentencing system that survived after the elimination of parole in Arizona in 1993. It begins by exploring the purpose and history of indeterminate sentencing and parole as well as its earliest constitutional challenges and eventual decline. Next it compares two commonly confused forms of “release”: parole and executive clemency. The article then examines the three types of defendants affected by indeterminate sentences without parole: death row defendants denied parole eligibility instructions at trial, defendants sentenced with parole at trial, and defendants whose plea agreement includes parole. Finally, the article argues that without parole, …
Searching For Humanitarian Discretion In Immigration Enforcement: Reflections On A Year As An Immigration Attorney In The Trump Era, Nina Rabin
University of Michigan Journal of Law Reform
This Article describes one of the most striking features of the Trump Administration’s immigration policy: the shift in the way discretion operates in the legal immigration system. Unlike other high-profile immigration policies that have been the focus of class action lawsuits and public outcry, the changes to the role of discretion have attracted little attention, in part because they are implemented through low-visibility individualized decisions that are difficult to identify, let alone challenge systemically. After providing historical context regarding the role of discretion in the immigration system before the Trump Administration, I offer four case studies from my immigration practice …
Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon
Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
Navajo Nation V. Department Of The Interior, Jaclyn R. Van Natta
Navajo Nation V. Department Of The Interior, Jaclyn R. Van Natta
Public Land & Resources Law Review
In Navajo Nation v. Department of the Interior, the Navajo Nation challenged the Department of the Interior’s 2001 and 2008 water allocation guidelines and asserted that under NEPA and the APA the guidelines violated the Navajo Nation’s water rights. The Navajo Nation also asserted a breach of trust claim against the United States. After nearly a decade of attempted settlement negotiations, the Navajo Nation reasserted its complaints. The District Court for the District of Arizona denied the Navajo Nation’s motions, and the Navajo Nation appealed to the Ninth Circuit Court of Appeals, which determined the Navajo Nation lacked standing, …
The Workplace Injunction: An Emerging But Imperfect Weapon In The Fight Against Domestic Violence, Michael D. Moberly
The Workplace Injunction: An Emerging But Imperfect Weapon In The Fight Against Domestic Violence, Michael D. Moberly
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Prevailing Culture Over Immigration: Centralized Immigration And Policies Between Attrition And Accommodation, Antonios Kouroutakis
The Prevailing Culture Over Immigration: Centralized Immigration And Policies Between Attrition And Accommodation, Antonios Kouroutakis
Seton Hall Circuit Review
No abstract provided.
Potholes: Dui Law In The Budding Marijuana Industry, Zack G. Goldberg
Potholes: Dui Law In The Budding Marijuana Industry, Zack G. Goldberg
Brooklyn Law Review
The rapid legalization of marijuana across the United States has produced a number of novel legal issues. One of the most confounding issues is that presented by the marijuana-impaired driver. In jurisdictions that have legalized the use of marijuana, how high is too high to get behind the wheel? This note assesses the various marijuana DUI laws that states have implemented to combat marijuana-impaired driving. Many of these statutes have followed in the footsteps of the BAC-based standard used to combat drunk driving—using THC measurements to quantify a driver’s level of marijuana-based impairment. Unfortunately, unlike alcohol, the scientific properties of …
Tohono O’Odham Nation V. City Of Glendale, 804 F.3d 1292 (9th Cir. 2015), Kathryn S. Ore
Tohono O’Odham Nation V. City Of Glendale, 804 F.3d 1292 (9th Cir. 2015), Kathryn S. Ore
Public Land & Resources Law Review
Tohono O’odham Nation v. City of Glendale is a reminder of the tension between state governments and the federal government. It also reflects continued unease with tribal gaming policies. The Ninth Circuit reiterated the longstanding federal preemption doctrine to override the State of Arizona and City of Glendale’s attempted circumvention of the Gila River Bend Indian Reservation Land Replacement Act. In doing so, the court prevented state legislation from undermining the Tohono O’odham Nation’s ability to obtain replacement lands for its reservation.
A Shot In The Dark: Why Virginia Should Adopt The Firing Squad As Its Primary Method Of Execution, P. Thomas Distanislao
A Shot In The Dark: Why Virginia Should Adopt The Firing Squad As Its Primary Method Of Execution, P. Thomas Distanislao
University of Richmond Law Review
No abstract provided.
Supreme Court, Kings County, People V. Miller, Courtney Weinberger
Supreme Court, Kings County, People V. Miller, Courtney Weinberger
Touro Law Review
No abstract provided.
A Canyon Apart: Immigration Politics And Ethnic Identity In Arizona, Peter Morrissey Fcrh '11
A Canyon Apart: Immigration Politics And Ethnic Identity In Arizona, Peter Morrissey Fcrh '11
The Fordham Undergraduate Research Journal
This article examines the political and social forces surrounding the April 23, 2010 passage of Arizona’s stringent immigration enforcement measure, Senate Bill (S.B.) 1070, which empowered local law enforcement to demand proof of legal residency from any person suspected of being undocumented. A person’s failure to produce documentation would result in arrest, detention, investigation, and potentially deportation to his or her nation of origin. Through the law’s lens, the article explores the development of the social tension that followed Arizona’s explosive population growth, and examines how Arizona’s large Hispanic population has been unable to assert itself at the ballot box …
Legal Summaries, Susan Christopher
Legal Summaries, Susan Christopher
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Offense, Defense, Or Just A Big Fence - Why Border Security Is A Valid National Security Issue: St. Mary;S University School Of Law Center For Terrorism Law., William A. Fix
The Scholar: St. Mary's Law Review on Race and Social Justice
A significant threat to United States national security stems from Mexican drug cartels. Mexican drug cartels are centered on the transit of illegal drugs into the United States. The flow of illegal drugs across the 1,933-mile U.S.-Mexico border now results in a host of crimes and violence that furthers the overall operation of the cartels. With the escalating violence from cartels, there is an increased possibility for spill over into the United States. Furthermore, because of the violence of drug cartels in Mexico, Mexican citizens have a greater incentive to move across the border. Mexicans are crossing illegally to escape …
The Right U.S. Immigration Enforcement Solution: "Make Haste Slowly", Michael J. Larson
The Right U.S. Immigration Enforcement Solution: "Make Haste Slowly", Michael J. Larson
University of Miami Law Review
No abstract provided.
State Legislative Update , Benjamin Angulo, Daniel J. Romine, Matthew Schacht
State Legislative Update , Benjamin Angulo, Daniel J. Romine, Matthew Schacht
Journal of Dispute Resolution
This analysis will examine the sample of bills in four parts. Because some of the proposed state bills are silent on whether their respective bills are reserved for non-commercial matters, Part II examines whether the bills apply to businesses that are parties to business-to-business international commercial contracts. Part III assesses the bills' definition of foreign law to better understand the scope of the anti-foreign law bans. Because each anti-foreign law bill initially defines foreign law as one that is created outside the U.S., Part III analyzes whether the bills' foreign law definitions include international organizations and tribunals. It is important …
The Overlooked Significance Of Arizona's New Immigration Law, Rick Su
The Overlooked Significance Of Arizona's New Immigration Law, Rick Su
Michigan Law Review First Impressions
Immigration has once again become the subject of widespread interest and public debate. This renewed interest, however, was not the result of Harry Reid's vow that the Senate will tackle comprehensive immigration reform sometime this year. Nor was it prompted by new policy initiatives with respect to immigration enforcement being implemented by the Department of Homeland Security. Rather, it has been the result of legislative action taken in one state-Arizona. Arizona's move to regulate immigration has predictably raised questions about the proper role of a state with respect to an area dominated by federal legislation. Yet the discussion thus far …
Eagle Versus Phoenix: A Tale Of Federalism, Samuel L. Johnson
Eagle Versus Phoenix: A Tale Of Federalism, Samuel L. Johnson
South Carolina Journal of International Law and Business
No abstract provided.
Native America And The Rule Of Law, Dr. Joe Shirley Jr.
Native America And The Rule Of Law, Dr. Joe Shirley Jr.
University of Richmond Law Review
No abstract provided.
Court-Connected Arbitration In The Superior Court Of Arizona: A Study Of Its Performance And Proposed Rule Changes, Roselle L. Wissler, Bob Dauber
Court-Connected Arbitration In The Superior Court Of Arizona: A Study Of Its Performance And Proposed Rule Changes, Roselle L. Wissler, Bob Dauber
Journal of Dispute Resolution
Compulsory, non-binding arbitration has been a component of the civil court system in a number of jurisdictions for several decades. These arbitration programs generally have the same basic structure: cases in which the amount in controversy is under the prescribed jurisdictional limit must be submitted to a neutral attorney for adjudication under relaxed rules of evidence and procedure. Any party may appeal the arbitrator's award for a trial de novo; absent an appeal, the arbitrator's decision is entered as the judgment of record in the case. The goals of most court-connected arbitration programs include resolving cases faster, reducing the costs …
On The Validity And Vitality Of Arizona’S Judicial Merit Selection System: Past, Present, And Future, Mark I. Harrison, Sara S. Greene, Keith Swisher, Meghan H. Grabel
On The Validity And Vitality Of Arizona’S Judicial Merit Selection System: Past, Present, And Future, Mark I. Harrison, Sara S. Greene, Keith Swisher, Meghan H. Grabel
Fordham Urban Law Journal
This Article demonstrates that merit selection is functioning commendably in Arizona and, for the most part, provides the public with a judicial selection process far more informative and generally superior to “traditional elections.” Part I of this Article sketches the history of Arizona’s merit selection of judges and its previous state-wide judicial election system. Part II discusses and analyzes attacks on merit selection and, in addition, assesses the effect of the Judicial Performance Review program initiated in 1992 to enhance the efficacy of the merit selection system. Finally, Part III describes the current status of merit selection in Arizona and …
In Defense Of Federalism: The Need For A Federal Institutional Defender Of State Interests, Kory A. Atkinson
In Defense Of Federalism: The Need For A Federal Institutional Defender Of State Interests, Kory A. Atkinson
Northern Illinois University Law Review
In Ring v. Arizona, 536 U.S. 584 (2002), the United States Supreme Court struck down the state of Arizona's death penalty procedure as violative of the Sixth Amendment's right to trial by jury. The Ring case is noteworthy because the Supreme Court upheld the identical procedure under the same constitutional provision twelve years earlier in Walton v. Arizona, 497 U.S. 639 (1990). The Ring case raises a serious constitutional issue because the high Court reaffirmed its decision upholding Arizona's death penalty procedure twice during those twelve years. The issue is this: what recourse does the state of Arizona have against …
The Admissibility Of Expert Testimony On Repressed Memories Of Childhood Sexual Abuse In Logerquist V. Mcvey: Reliability Takes A Back Seat To Relevancy, Tomika N. Stevens
The Admissibility Of Expert Testimony On Repressed Memories Of Childhood Sexual Abuse In Logerquist V. Mcvey: Reliability Takes A Back Seat To Relevancy, Tomika N. Stevens
Villanova Law Review
No abstract provided.
The Arizona Jury Reform Permitting Civil Jury Trial Discussions: The Views Of Trial Participants, Judges, And Jurors, Valerie P. Hans, Paula L. Hannaford, G. Thomas Munslerman
The Arizona Jury Reform Permitting Civil Jury Trial Discussions: The Views Of Trial Participants, Judges, And Jurors, Valerie P. Hans, Paula L. Hannaford, G. Thomas Munslerman
University of Michigan Journal of Law Reform
In 1995, the Arizona Supreme Court reformed the jury trial process by allowing civil jurors to discuss the evidence presented during trial prior to their formal deliberations. This Article examines and evaluates the theoretical, legal, and policy issues raised by this reform and presents the early results of afield experiment that tested the impact of trial discussions. Jurors, judges, attorneys, and litigants in civil jury trials in Arizona were questioned regarding their observations, experiences, and reactions during trial as well as what they perceived to be the benefits and drawback of juror discussions. The data revealed that the majority of …
No Summary Judgment For You! One State's (Unjustified) Treatment Of Contract Claims For Cost Profits, Andrew F. Halaby
No Summary Judgment For You! One State's (Unjustified) Treatment Of Contract Claims For Cost Profits, Andrew F. Halaby
University of Miami Business Law Review
No abstract provided.