Tag Archives: Arizona

Getting it Right: The Arizona Supreme Court Applies Marital Presumption to Same-Sex Spouse

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SMU Dedman School of Law professor Joanna L. Grossman comments on a recent decision by the Arizona Supreme Court that correctly applies the US Supreme Court’s reasoning in Obergefell v. Hodges to hold that the marital presumption applies to same-sex couples just as it applies to opposite-sex couples. Grossman provides a brief legal history of same-sex marriage and the attendant obligations and benefits and praises the Arizona court for its clear and well reasoned opinion.

An English Teacher Corrects Shakespeare

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Chapman University, Fowler School of Law, professor Ronald D. Rotunda critiques an English professor at Northern Arizona University for insisting that a student use the word “humankind” rather than “mankind.” Rotunda points out that the origin of the English word “man” encompasses both sexes and that for English professors (or any instructor) to force students to use certain words and shun others is an abuse of the power of words.

Ambitious Proposals in the States Testing Constitutional Limits of Legislative Power to Interpret the Constitution

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Illinois Law dean and professor Vikram David Amar discusses several legislative proposals in various states that purport to give state legislatures power to interpret and implement the federal Constitution notwithstanding judicial rulings interpreting the same. Amar explains some of the key differences between the different proposals and why some are likely to pass constitutional muster while others are not.

Allocating Burdens of Proof in a Criminal Case: An Arizona Decision Raises Questions

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Cornell University law professor Sherry F. Colb comments on a recent decision by the Arizona Supreme Court holding that a state statute properly created an affirmative defense to sexual abuse or child molestation when it placed the burden of proving no sexual motive on the defendant. Colb describes the court’s reasoning and explains why the U.S. Supreme Court should revisit its jurisprudence affirmative defenses to crimes and hold that some conduct may simply not be classified as an affirmative defense to be proved by the defendant in a criminal case.

Lessons Learned from this Term’s Legislative Districting Decisions, Especially the Harris Case from Arizona

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Dean and law professor at Illinois Law, Vikram David Amar describes some of the takeaway points from the U.S. Supreme Court’s decisions on legislative districting, particularly that in Harris v. Arizona Independent Redistricting Commission. Amar points out that the unexpected death of Justice Scalia in the middle of the term affects at least the reasoning—and perhaps the outcome—of this and many other cases.

The Return of the Arizona Independent Redistricting Commission (AIRC) before the Supreme Court: The Harris v. AIRC Case Argued Next Week

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University of Illinois College of Law dean and professor Vikram David Amar discusses a case in which the U.S. Supreme Court will hear oral arguments next week—Harris v. Arizona Independent Redistricting Commission. As Amar points out, that case lies at the intersection of many contentious aspects of 21st century American democracy, including dissatisfaction with elected officials, partisan zeal, racial equality, and federal–state relations.

Arizona’s SB 1070 Immigration Law Is Back in Play in the Federal Courts

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University of Illinois law professor and dean Vikram David Amar comments on a recent decision by a federal district court in Arizona addressing a challenge to two parts of Arizona’s SB 1070 statute, which attempts to deal with immigration stresses in that state. Amar argues that the court’s reasoning on both claims was confused and unpersuasive and that the results should have been inverted. That is, Amar suggests that the court should have upheld the equal protection challenge to the “Show Me Your Papers” provision and rejected the First Amendment challenge to the Day Laborer provisions.

Meet our Columnists

Vikram David Amar

Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois College of Law. Immediately prior to taking the position at Illinois, Amar served as the Senior Assoc... more

Neil H. Buchanan

Neil H. Buchanan is an economist and legal scholar and a Professor of Law at The George Washington University. He teaches tax law and tax policy, and he has taught contract law, law and economics, and... more

Sherry F. Colb

Sherry F. Colb is Professor of Law and Charles Evans Hughes Scholar at Cornell University. Colb teaches courses in constitutional criminal procedure, evidence, and animal rights. She has published a... more

John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973. Before becoming White House counsel at age thirty-one, he was the chief minority counsel to the Judiciar... more

Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He has written hundreds of popular essays, dozens of scholarly articles, and four books on constitutional la... more

Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School of Law.  She is an expert in sex discrimination law. Her most recent book,  more

Marci A. Hamilton

Marci A. Hamilton is one of the country’s leading church-state scholars and the Fox Professor of Practice and Fox Family Pavilion Resident Senior Fellow in the Program for Research on Religion in the... more

David S. Kemp

David S. Kemp is an attorney and managing editor at Justia. He received his B.A. in Psychology from Rice University and his J.D. from the University of California, Berkeley, School of Law (Boalt Hall)... more

Joseph Margulies

Mr. Margulies is a Professor of Law and Government at Cornell University. He was Counsel of Record in Rasul v. Bush (2004), involving detentions at the Guantánamo Bay Naval Station, and in more

Anita Ramasastry

Anita Ramasastry is the UW Law Foundation Professor of Law at the University of Washington School of Law in Seattle, where she also directs the graduate program on Sustainable International Developmen... more

Ronald D. Rotunda

Ronald D. Rotunda is the Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence, at Chapman University, Fowler School of Law. He joined the faculty in 2008. Before that, he was Univ... more