Professor Jack Chin Discusses Criminal Jurisdiction Issues with the Sierra Vista Herald The Sierra Vista Herald asked Professor Chin about the issues involved in moving a criminal case against a border patrol officer from state to federal court. He stated that many factors can come into play, including who the decision makers would be. Read the complete article here. Professor Jack Chin Discusses Common Policies
Concerning Ex-Convicts with USA Today
Many laws and regulations that apply to ex-convicts often seem to create
an underclass, rather than to protect the public. For example, in New
Jersey, some ex-convicts can't get a driver's license. In Alabama, a
misdemeanor drug conviction means a ban on adopting a child. In 12 states,
former felons are ineligible for food stamps. In an interview to USA
Today, Professor
Jack Chin says: “If we have a legal system that says if you have
been to prison, we're going to make it much more difficult, if not impossible,
to have housing and a job, it's a counterproductive policy.” Read the
complete article here. Professor Anaya and Indigenous Peoples Law & Policy
Program Assist Maya Communities
Professor
S. James Anaya and others in the Indigenous
Peoples Law & Policy Program (IPLP) are assisting the Maya communities
of Conejo and Santa Cruz in their efforts to assert constitutional
claims against the government of Belize for its failure to recognize,
protect and respect Maya customary land rights. Professor Chiorazzi Wins Award
from American Association of Law Libraries
Professor
Michael Chiorazzi and his co-editor, Marguerite Most, Legal Information
Librarian & Lecturer in Law, Boston College Law Library,
have won the Joseph L. Andrews Bibligraphical Award from the American Association of
Law Libraries, for their book, Prestatehood Legal Materials: A
Fifty-State Research Guide, Including New York City and the District
of Columbia. Professor Chiorazzi and Ms Most edited 69
bibliographic essays and annotated
bibliographies into a two-volume
1,500-page one-stop research guide
that identifies the sources of law for colonial
and territorial jurisdictions prior to
statehood. You can read more about the book and the Andrews Award
here. Professor Hegland in the Media Discussing
His New Book
Professor
Kenney Hegland’s recent book, Alive and Kicking: Legal
Advice for Boomers, has drawn substantial media attention. Co-authored
with Robert Fleming, an UA law grad, the book is designed to inform
boomers, and their childern, what lies ahead. The Director of the
A.B.A. Commission on Legal Problems of the Elderly writes the book
is “an
encyclopedic legel reference wryly enriched by poetry, humor, existential
musings, and the down-home philosophy and wit of a Will Rogers.” You
can watch some of his and Mr Fleming’s TV interviews here: Professor Chin’s Tyranny of the
Minority Article Featured in Tucson Citizen
Professor
Jack Chin and his co-author, Randy Wagner, were quoted extensively in a May 30, 2007, article in the Tucson Citizen concerning their article concerning the decline in black power in the South following the Civil War. The Citizen article is available here; the Tyranny
of the Minority article can be found here and here. Professor Smolensky appears on Television
to Discuss HIPAA and Patient Privacy
Professor
Kirsten Smolensky recently appeared on Channel 4’s
nightly news to discuss patient privacy. After Tom McNamara
and KVOA’s investigators uncovered patient information discarded
in some pharmacy trash, they asked Professor Smolensky whether the
behavior was prohibited by HIPAA. Professor Smolensky opined
about the legal ramifications of their find in a brief interview. The
whole news story can be found here. Professor Engel's Role in Climate Change
Case Discussed in Articles and TV
Yesterday, the United States Supreme Court
ruled that the EPA has the authority
to regulate "green house gases" under the Clean Air Act. The case,
Massachussetts
v. EPA, is considered one of the most important environmental cases
decided by the Supreme Court in several years. Professor
Engel co-authored an amicus
brief in the case on behalf of a group of world renown climate scientists,
including three UA scientists (Scott Saleska, Jonathan Overpeck, and Joellen
Russell). Professor Engel’s and
the other UA professors’ roles in the case are discussed in articles
in the April 3, 2007 issues of the Arizona
Daily Star and the Tucson
Citizen. She also appeared on Arizona Illustrated to discuss
the case; the video is available here. A brief piece about Prof. Engel and her husband, Scott Saleska, an University of Arizona professor who recruited scientists to join the brief, appeared in the Newsmaker section of Science magazine. Professor Orbach Discusses Movie Pricing on Arizona Illustrated
Shortly before Oscar Night, Arizona Illustrated aired an interview with Professor Barak Orbach on the economic puzzle of why movie exhibitors charge one price for all movies, seven days a week, throughout the year. Professor Orbach discussed his recent paper that addresses this question and argued that exhibitors should charge premia for movies on weekends and holidays and for certain blockbusters. To watch the interview, click here. Professor Glennon Writes Editorial Concerning Library Internet Filtering Professor Glennon's editorial in the February 27, 2007, edition of the Arizona Daily Star, discusses the recent decision of the Pima County Board of Supervisors to approve the recommendations of a Library Internet Policy Committee concerning internet filtering. Professor Glennon served on this committee. Professor Woods Writes Editorial on Homeowner AssociationsProfessor Winton D. Woods argues in his editorial in the February 22, 2007 issue of the Arizona Daily Star, that homeowners need affordable access to resolve disputes between themselves and homeowner associations. Professor Jack Chin Offers a New Look at the Minority Problem In a new article, Professor Jack Chin and Randy Wagner ('05) argue that the traditional view that African Americans were discriminated against because they were a minority is wrong. A majority in three states, and over 40% of the population in four others, Chin and Wagner conclude that the African Americans did not lose at the polls, but rather lost because they were not allowed to go to the polls. The article “The Tyranny of the Minority: Jim Crow and the Counter-Majoritarian Difficulty argues that African Americans” is tearing up the blogosphere. It’s been featured on Blackprof Blog, Election Law Blog, Legal Theory Blog, Legal History Blog, PrawfsBlog, Chris Uggen's Weblog, and CrimProf Blog. Professor Jack Chin Discusses Proposed Citizenship Exam In a Tucson Citizen article, dated February 3, 2007, concerning the testing of a proposed new citizenship exam in Tucson, Professor Jack Chin, Chester H. Smith Professor of Law, Professor of Public Administration and Policy, called the test “a waste of time and money” as it was "still fundamentally a test of rote memorization." Read the entire article here. Professor Ratner Comments on Impact of Personal Information on the Web Professor Jamie Ratner was quoted in a January 9, 2007, Arizona Daily Star article on the impact of having one's personal information available on the web. The article is available here. Professor Barak Orbach on His Study of the
Motion-Picture Industry
In 1931, an associate professor at the College of Law, J. Byron McCormick
(who later served as a Dean of the College of Law between 1938 and
1947), published one of the first studies on the law of the motion-picture
industry in the ABA Journal. Seventy-five years later, Professor
Barak Orbach continues this tradition with his original study of
the law and economics of the business history of the motion-picture
industry. His work has recently featured in articles in Forbes Magazine, Washington Post, Arizona Daily Star, and Phoenix Business Journal, and Publico (Portugal) and KUAZ's Arizona Spotlight. Professor Marc L. Miller recently files a Supreme Court amicus briefProfessor Marc L. Miller, Ralph W. Bilby Professor of Law, along with three other scholars - Miller's frequent co-author Ron Wright of Wake Forest, Kate Stith of Yale, and Michael O'Hear of Marquette - and four former United States Attorneys, recently filed a Supreme Court amicus brief in a major sentencing case, Rita v. United States. Sentencing law in the United States has been going through a Supreme-Court inspired earthquake for the past several years. In January 2005 the Court declared the “mandatory” federal guidelines system unconstitutional under Apprendi/Blakely in United States v. Booker. A different group of justices fixed the problem in the Booker “remedy” portion by removing the statutory provision that made the guidelines “mandatory” and changing the standard of appellate review of sentences to a general “reasonableness” standard. In Rita v. United States and Claiborne v. United States the question in large part is “what is reasonableness?” More precisely, Rita raises the question whether a post-Booker sentence within the guidelines range should be considered presumptively reasonable. Professor Miller and his colleagues say “no,” arguing that trial judges must now consider many factors in every case, including offender and offense characteristics, for a sentence to be reasonable. A copy of this brief and other related documents may be viewed at here or here. Professor Glennon Comments on Proposed New County Water Policy Professor Robert J. Glennon, Morris K. Udall Professor of Law & Public Policy, comments favorably on a proposed new Pima County water policy in a December 13, 2006, article in the Arizona Daily Star. The policy would allow the county to consider the impact of groundwater pumping in deciding on whether to approve rezoning or comprehensive plan amendments requests. Read the article here. Two College of Law Professors Quoted in Articles on the Bill of RightsProfessor Andy Silverman, Joseph M. Livermore Professor of Law and Director of Clinical Program, and Professor Roy G. Spece were quoted in separate articles on the Bill of Rights in the December 10, 2006 issue of the Arizona Daily Star. Professor Silverman was quoted concerning whether the 8th Amendment's prohibition on cruel and unusual punishments should apply to the death penalty. Professor Spece's comments relate to the 9th Amendment. The 8th Amendment article can be read here and the one on the 9th and 10th Amendments can be read here. Professor Kozolchyk and the National Law Center's Role in Free Trade Debate Discussed in Recent Opinion PiecesProfessor Boris Kozolchyk, Evo DeConcini Professor of Law and Director of National Law Center, recently discussed the National Law Center for Inter-American Free Trade role in the free trade debate with Ernest Portillo Jr., columnist for the Arizona Daily Star. The discussion follows the recent anti-free trade vandalism of the Center's facility. Two days later, the Star published an editorial about the vandalism, which also quoted Prof. Kozolchyk. A copy of the Portillo column is available here, while a copy of the editorial is here. Immigration Clinic Director Arguments Lead to Change in 9th Circuit Immigration LawRepresenting the Roger College of Law’s Immigration Law Clinic and four nonprofit organizations, Clinic Director Lynn Marcus co-authored briefs against an interpretation of a law that could have resulted in the deportation of thousands of legal permanent residents. Overruling prior cases, the 9th Circuit Court of Appeals ruled in late October that when Congress made a “crime of violence” the basis for deportation, it referred only to intentional, rather than accidental acts. Professor Marcus also argued the case for the team in San Francisco; Erica Rocush, Esq. represented the immigrant. The case is Fernandez-Ruiz v. Gonzales, 466 F.3d 1121 (9th Cir. 2006). Inside EPA Discusses Professor Engel’s Innovative Solution to Greenhouse Gases LawsuitsA recent article in Inside EPA, a widely circulated weekly environmental news report, discusses Professor Kirsten Engel’s innovative solution to some of the barriers to tort lawsuits against major sources of greenhouse gases: allowing defendants to comply through the use of tradable carbon credits. Professor Engel presented these ideas, from a forthcoming article, at a symposium at the University of Pennsylvania on Nov. 16 - 17, 2006. The issue has come up as, in lieu of federal action on climate change, many states are now taking aggressive action to address global warming. Engel asserts that her solution will be more cost-effective for the defendants and may help the plaintiffs in establishing causation. Professor Engel's Role in Climate Change Case Discussed in Articles in the Arizona Republic and the Arizona Daily Star On Wednesday, Nov. 29, the U.S. Supreme Court will hear argument in the first case on climate change to reach the high court, Massachussetts v. EPA. Professor Kirsten Engel co-authored an amicus brief in the case on behalf of a group of world renown climate scientists, including three UA scientists (Scott Saleska, Jonathan Overpeck, and Joellen Russell). Professor Engel’s and the other UA professors’ roles in the case are discussed in a Nov. 27, 2006 article in the Arizona Republic and a Nov. 29, 2006 article in the Arizona Daily Star. The lawsuit will decide whether the federal Clean Air Act applies to climate change and whether EPA had a nondiscretionary duty to regulate climate-warming greenhouse gases from motor vehicles. EPA refused to regulate these gases in 2003; shortly thereafter Massachusetts and other states and environmental groups brought suit against the federal environmental agency. The brief filed by Engel and others claims that EPA and the federal appeals court mischaracterized a critical government report on climate change – written by many of the scientists on the amicus brief – by making knowledge of climate science seem less certain than it really is. The brief states that, in refusing to regulate, EPA failed to apply the standard set forth in the federal Clean Air Act. Professor Barak Orbach's influential study on pricing of movie tickets continues to make headlines. The Washington Post's columnist Steven Pearlstein dedicated his Thanksgiving column to Professor Orbach's forthcoming article in the International Review of Law & Economics and described it as a “fascinating paper.” A day after the publication in the Washington Post, Pearlstein's column was published in many local newspapers, including The Seattle Times, The Ledger, Concord Monitor, and Capital Times. Recently, Professor Orbach’s study featured in columns in the San Francisco Chronicle and the Financial Times. Director of Immigration Clinic Successfully Argues 9th Circuit Immigration AppealLynn Marcus, Director of the Rogers College of Law Immigration Clinic, successfully argued in federal court against the retroactive application of a law that would have subjected many legal permanent residents to automatic deportation based on criminal convictions that occurred before the law passed in 1996. Now, such immigrants may apply for humanitarian waivers of deportation. Kelly Evans, Esq. and Jeffrey Barr, Esq. were co-counsel. View Case Sinotes-Cruz v. Gonzales, F.3d (9th Cir. 2006). Lynn Marcus - Arizona Daily StarLynn Marcus, Director of the Immigration Clinic, was quoted in the Arizona Daily Star, on Nov. 13, concerning the risks of deportation many legal immigrants face; you can read this article here. Professor Jack Chin - American Public Radio Professor Jack Chin, Chester H. Smith Professor of Law, was interviewed by several different news organizations concerning Arizona's Initiative 200 concerning a “voter lottery,” including a piece on American Public Radio's Marketplace, and on November 2, appeared on a segment of The Daily Show. You can read an article about his Daily Show appearance here. Professor Brent White - Arizona
Daily Star Professor
Brent White was quoted in the Arizona Daily Star in an ongoing
editorial series on the Bill of Rights. Click
here to read the article. Sally M. Rider and Dean Toni Massaro
- Arizona Daily StarThe William H. Rehnquist Center on
the Constitutional Structures of Government produced special
editorial content for Lee Enterprises newspapers for Constitution
Day, September 19th, written by U.S. Supreme Court Chief Justice
John Roberts, Center
Director Sally M. Rider and Dean
Toni Massaro, among others. Click
here to read the article. Sally M. Rider and Dean Toni Massaro
- KUAT-TVSally
Rider, Director, The William H. Rehnquist Center on the Constitutional
Structures of Government, and Dean
Toni Massaro appeared on KUAT-TV’s Arizona Illustrated in
conjunction with the start of the Supreme Court Term, October
2nd. Professor Robert A. Williams - Washington PostCommenting on border crossers on native land, Professor Robert A. Williams was quoted in The Washington Post. Click here to read the article. Professor Carol M. Rose - NPR: Morning
Edition, September 19, 2006Professor
Carol M. Rose, Lohse Chair in Water and Natural Resources,
was interviewed on NPR’s Morning Edition on September
19th Professor Emeritus Charles Ares
- Arizona Daily Star Professor
Emeritus Charles Ares was quoted in an Arizona Daily Star
editorial on the Sixth Amendment. Click
here to read the article. Professor Barbara Atwood - Arizona
Daily StarAn op-ed about Arizona's proposed “Protect
Marriage Amendment,” written by Professor
Barbara Atwood, appeared in the Arizona Daily Star. Click
here to read the article. Professor Jack Chin - Arizona Daily
StarProfessor
Jack Chin was extensively quoted in an Arizona Daily Star
editorial on the 5th Amendment. Click
here to read the article. Professor Robert Glennon - KAET-TVProfessor
Robert Glennon was featured in the KAET-TV series, “The
Legal and Judicial History of Arizona.” The podcast and
lecture are available here:
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