Recent Submissions

  • Democratizing Law Librarianship: Reducing Barriers to Entry through Alternative Pathways to the Profession and Increased Support to Students. A Call to Action

    Miguel-Stearns, Teresa M.; Laskowski, Casandra; University of Arizona, James E. Rogers College of Law, Daniel F. Cracchiolo Law Library (Informa UK Limited, 2024-04-02)
    Law librarianship is a constantly evolving profession driven by the evolution of law practice, legal education, government, and law itself. Changes in these drivers are in turn influenced by factors such as technology, culture, client needs, American Bar Association Standards, bar exams, diversity and access efforts, faculty research, instructional trends, and law school rankings. Law librarians proudly keep up with these changes—and even stay ahead of them—as we impart new knowledge and skills to users of law libraries and legal information resources. As we proceed through the third decade of the twenty-first century, the legal information profession is engaged in dialogue about the perpetually shrinking pools of qualified candidates for law librarian positions. Additionally, law librarians have been lamenting for decades that the legal information profession does not accurately reflect the diversity in our communities. The literature reflects that those conversations began in earnest in the 1970s and continue today. This article addresses both compelling issues and offers concrete strategies to tackle them simultaneously, thoughtfully, and intentionally. The entire profession is invited to play a role in this effort.
  • Tort Liability for Physical Harm to the Police Arising from Protest: Common-Law Principles for a Politicized World

    Bublick, Ellen M.; Bambauer, Jane R.; University of Arizona James E. Rogers College of Law (DePaul University School of Law, 2024)
    When police officers bring tort suits for physical harms suffered during protest, courts must navigate two critically important sets of values—on the one hand, protesters’ rights to free speech and assembly, and on the other, the value of officers’ lives, health, and rights of redress. This year courts, including the United States Supreme Court, must decide who, if anyone, can be held accountable for severe physical harms suffered by police called upon to respond to protest. Two highly visible cases well illustrate the trend. In one, United States Capitol Police officers were injured on January 6, 2021, during organized attempts to overturn the results of the U.S. presidential election. In the other, a Baton Rouge police officer suffered traumatic brain injury when he was hit by an object thrown by an unidentified protester during a Black Lives Matter protest that sought to block a highway in front of police headquarters. In this article, Professors Bublick and Bambauer argue that courts analyzing common-law liability claims for physical injuries suffered by police in the highly political circumstances of protest, would be well-advised to work through a list of content-neutral questions. Such a list could help courts maximize states’ legitimate interests in officer safety, while minimizing impacts on protestors’ legitimate First Amendment activity. We juxtapose these political contexts to create an analytical framework that recognizes the threats involved, to both speech and safety, without as great a risk of ideological distortion. Courts in both the January 6th case and the Black Lives Matter case have failed to accommodate both physical safety interests and First Amendment issues.
  • Technical Services, Social Justice, and LibGuides: A Model for Impact

    Ugstad, Jessica; Valenzuela, Jaime; Spence, Travis; Daniel F. Cracchiolo Law Library, James E. Rogers College of Law, University of Arizona (Informa UK Limited, 2023-05-11)
    In June 2020, news of police violence and murder, and the resulting protests, dominated the national conversation. Those acts threw a spotlight on the need for diversity, equity, and inclusion to be at the center of library collection development policy and resource offerings. As providers of information to their communities, librarians in all parts of the profession were feeling the impact of these events and moving to address information needs during a tumultuous time. This feeling was acknowledged in an Association of Research Libraries statement which issued a call to action for librarians to become more proactive in supporting social justice movements and dismantling systemic racism. This article details how Technical Services librarians at the Cracchiolo Law Library, traditionally viewed as behind-the-scenes members of the library, chose to heed that call and expand their roles to combat injustice and address systemic racism. This article will detail the work creating and promoting an Antiracist and Social Justice Resources guide and collection and demonstrate the impact of these efforts. Additionally, this article may serve as a model for other Technical Services librarians who wish to participate in the social justice movement by expanding their customary duties.
  • Death and Ethics: Suffocating or Saving Nonlawyer Practitioners with Lawyer Ethics

    Swisher, Keith; University of Arizona James E. Rogers College of Law (2023-01-26)
    Lawyers are no longer the only legal practitioners. In several states and trending toward more, lawyers now share their so-called monopoly over the practice of law with nonlawyer practitioners (NPs). These NPs may practice law without the supervision of lawyers and, like nurse practitioners who provide greater access to medicine, this newborn class of legal professionals was created to provide the public with greater access to justice. But the creators of NPs have saddled them with restrictive ethical codes that limit their ability to reach and serve new clients. While generally laudable, certain ethical restrictions lead to fewer NPs and reduce access to legal services for low-income clients. This Essay spotlights this ethical chokepoint and articulates for courts and policymakers the delicate balance in imposing and adapting ethical rules to this new class of legal professionals. Although important access-to-justice and client-protection policy choices are made with the imposition of each ethical rule, these decisions have largely flown under the radar, thereby risking the continued existence of NPs.
  • Opening the Pandemic Portal to Re-Imagine Paid Sick Leave for Immigrant Workers

    Milczarek-Desai, Shefali; University of Arizona, James E. Rogers College of Law (California Law Review, 2023)
    The COVID-19 pandemic has spotlighted the crisis low-wage immigrant and migrant (im/migrant) workers face when caught in the century-long collision between immigration enforcement and workers’ rights. Im/migrant workers toil in key industries, from health care to food production, that many now associate with laudable buzzwords such as “frontline” and “essential.” But these industries conceal jobs that pay little, endanger workers’ health and safety, and have high rates of legal violations by employers. Im/migrant workers usually do not benefit from employment and labor law protections, including paid sick leave. This has proven deadly during the pandemic. When im/migrants show up to work ill, they endanger not only themselves but risk transmission to co-workers, customers, patients, and the public at large. This has been starkly illustrated in nursing homes, which rely heavily on im/migrant labor and have been the locus of nearly one third of all coronavirus deaths. The pandemic presents an opportunity to analyze why and how existing paid sick leave laws fail im/migrant workers. It is also a portal to re-imagine paid sick time in a way that will benefit im/migrant workers, and by extension, a nation facing labor shortages and high worker turnover as demand for goods and services rises. This Article is the first to scrutinize paid sick leave laws through the lenses of critical race, movement, and health law theories. It argues that existing paid sick leave laws fail im/migrant workers because they ignore these workers’ social and economic situations and singularly focus on workers’ rights rather than collective well-being. Drawing from critical race, movement, and health law frameworks, this Article situates paid sick leave within a public health matrix based on mutual aid. It argues that when paid sick leave laws are drafted and enforced in a manner informed by workers’ lived experiences and contextualized within a broader public health conversation, employment and labor protections can better safeguard im/migrant workers and the health of the nation. Additionally, the proposed solution will reduce tensions between immigration enforcement and workers’ rights.
  • Indemnifying precaution: economic insights for regulation of a highly infectious disease

    Robertson, Christopher T; Schaefer, K Aleks; Scheitrum, Daniel; Puig, Sergio; Joiner, Keith; James E. Rogers College of Law, University of Arizona; Department of Agricultural and Resource Economics, University of Arizona; Eller College of Management, University of Arizona (Oxford University Press, 2020-05-30)
    Economic insights are powerful for understanding the challenge of managing a highly infectious disease, such as COVID-19, through behavioral precautions including social distancing. One problem is a form of moral hazard, which arises when some individuals face less personal risk of harm or bear greater personal costs of taking precautions. Without legal intervention, some individuals will see socially risky behaviors as personally less costly than socially beneficial behaviors, a balance that makes those beneficial behaviors unsustainable. For insights, we review health insurance moral hazard, agricultural infectious disease policy, and deterrence theory, but find that classic enforcement strategies of punishing noncompliant people are stymied. One mechanism is for policymakers to indemnify individuals for losses associated with taking those socially desirable behaviors to reduce the spread. We develop a coherent approach for doing so, based on conditional cash payments and precommitments by citizens, which may also be reinforced by social norms.
  • A New Multilateralism? A Case Study of the Belt and Road Initiative

    Zhou, Jingyuan; James E. Rogers College of Law, University of Arizona (Oxford University Press (OUP), 2020-08-30)
    The first five years (the first stage) of the Belt and Road Initiative (BRI) have drawn international attention and provoked scepticism and debate. This article explores questions about the nature of the BRI and its impact on multilateralism, which is increasingly fragile and under attack. After summarizing past practices employed in BRI investments, it analyses the characteristics of the BRI and assesses the results and implications. This article studies in depth one of the two primary BRI economic activities—special economic zones. The article introduces and compares the Asian Infrastructure Investment Bank and Chinese domestic banks in their respective financing practices and compares state-owned enterprises and privately owned enterprises in BRI practices. The article observes three characteristics from past BRI practices and analyzes their respective implications on the transformation of international trade governance. The first characteristic is the unconventional ‘infrastructure development first, institution next’ approach. The second is the plurilateral- and multilateral-focused method in international rule-setting processes. The third characteristic is innovation in the dispute settlement mechanism. Through a cautious examination, the article argues that experiences gained from BRI inform China’s international rule-making efforts and further its domestic trade liberalization reform agenda, which will likely contribute to the convergence of rule-making in international trade. © The Author(s) (2020). Published by Oxford University Press. All rights reserved.