The University of Arizona Campus Repository: Recent submissions
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The Palermo Protocol: An Ineffective Treaty for Holding Human Traffickers Criminally Accountable and Protecting Victims of Human Trafficking [Article]In 2003, the crime of human trafficking was defined for the first time in the “Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime,” commonly referred to as the “Palermo Protocol.” Touted as one of the international community’s greatest success stories, the Palermo Protocol created a “3Ps” framework that obligated States Parties to enact national legislation that prevents human trafficking, protects human trafficking victims, and prosecutes human traffickers. Yet, despite the international community’s attempt to end human trafficking via the enactment of the Palermo Protocol, every country remains affected by human trafficking as either a country of origin, transit, or destination. As evidenced by the increasing number of human traffickers and human trafficking victims worldwide, the Palermo Protocol has failed to realize all aspects of its 3Ps framework. The Palermo Protocol’s ineffectiveness can be attributed to its unclear purpose, unspecific definition of human trafficking, failure to define exploitation and creation of a power imbalance, and broad, vague, and undefined language that violates the legality principle. Moreover, the Palermo Protocol does not adequately protect human trafficking victims because its protection measures are not mandatory, and States are not held accountable for its domestic enforcement and implementation. To make the Palermo Protocol effective, its framework should shift from a criminal law to a human rights and development law approach, an international review and evaluation process should be implemented to foster greater accountability, and a new anti-human trafficking instrument based on international human rights law should be created.
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The Treatment of Immoral, Scandalous, and Disparaging Marks in Trademark Law of the United States and Turkey [Article]A trademark serves as a concise mode of communication from a seller to current or prospective buyers wherein the seller signifies an endorsement of certain goods or services. This sets them apart from similar goods or services provided by competitors. However, trademarks often do not simply identify the source of a product or service, but also to convey a broader message. This creates an intersection between trademark law and the fundamental right of freedom of expression and presents challenging legal, ethical, and societal concerns that can differ significantly from one jurisdiction to another. In the United States, these concerns resulted in the cancellation of registration bars for immoral, scandalous, and disparaging marks. After more than five decades of the Lanham Act’s operation, the rule that bars disparaging marks was found unconstitutional in 2017 under the Supreme Court’s decision in Matal v. Tam. Then, the rules barring immoral and scandalous marks were found unconstitutional in 2019 by the Supreme Court in Iancu v. Brunetti. Both decisions cited viewpoint discrimination as a violation of the First Amendment’s Free Speech clause. By contrast, in Turkey and the European Union (EU), the registration bar for marks that are contrary to public policy and accepted principles of morality is still in effect, even though there have been some free speech concerns. This legal landscape offers an opportunity to perform a comparative analysis between jurisdictions and to observe how diverse legal systems address the complex interplay between commerce, speech, and societal norms. Through a detailed examination of legislative frameworks, judicial interpretations, and policies in the United States and Turkey, this paper embarks on a comparative analysis of the treatment of immoral, scandalous, and disparaging marks within these two jurisdictions. This paper makes numerous proposals concerning both the approaches of the United States and Turkey, considering policy and the results of empirical research. There are five sections. The first section provides an introduction; the second section concerns U.S. trademark law; the third section reviews Turkish trademark law; the fourth section is a comparison of these jurisdictions; and the final section offers proposals. The comparison includes a discussion of international agreements concerning the treatment of marks considered immoral, scandalous, or disparaging and includes examples from European practice.
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Lessons in Love: Comprehensive Sexuality Education as a Human Right [Article]International and regional human rights jurisprudence has increasingly recognized the right of children and adolescents to receive comprehensive sexuality education. This education consists of a holistic approach to sexual health and wellness. It provides children and adolescents with the tools required to make healthy and informed life choices, develop respectful social and sexual relationships, and understand and ensure the protection of human rights. The right to comprehensive sexuality education is closely linked to fundamental rights such as freedom from discrimination; freedom from arbitrary interference with privacy, family, and home life; the right to free development of personality; the right to the highest attainable standard of physical and mental health; and of course, the right to education. This article will argue that comprehensive sexuality education is a human right recognized under international law, and as such should be introduced as a mandatory component of educational curricula for children and adolescents. It will first explain what comprehensive sexuality education is, the benefits it provides, and why common arguments against this education are insufficient for rejecting its implementation. Second, this article will discuss the legal foundation for the recognition of the right to comprehensive sexuality education as established in the International Covenant on Economic, Social and Cultural Rights; the Convention on the Rights of the Child; and the Convention on the Elimination of All Forms of Discrimination Against Women. Select General Comments/Recommendations and Observations from the monitoring bodies of these treaties are included to demonstrate the path towards recognition of this right and its current status. Additionally, recent groundbreaking case law from regional human rights systems illustrates how the theoretical legal bases for comprehensive sexuality education have already been applied in practice to make this right a reality. Third, this article will provide guidance on how comprehensive sexuality education can best be implemented in schools and informal educational curricula.
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Table of ContentsThe University of Arizona James E. Rogers College of Law (Tucson, AZ), 2025
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Title PageThe University of Arizona James E. Rogers College of Law (Tucson, AZ), 2025
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Advancing Virtual Care Practices Across the Cognitive Impairment ContinuumAs the population of older adults grows, providing high-quality, cost-effective healthcare for those with cognitive impairments is an increasing priority. The COVID-19 pandemic accelerated the shift towards receiving virtual care at home through temporary Medicare flexibilities. However, the uncertainty surrounding the continuing extension of these flexibilities at the federal level and variations in reimbursement policies across the states present challenges for virtual care practices to meet the rising demand for care amid unprecedented workforce shortages. Sustainable, long-term reimbursement at the federal and state levels, a trained and integrated healthcare workforce, and adherence to recognized accreditation standards and guidelines are essential to advance the quality and safety of virtual care for cognitively impaired patients. Furthermore, reimbursement policies that incentivize investments in technology infrastructure and digital literacy outreach are needed to ensure equitable access to virtual care for all patients across the cognitive impairment continuum.
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Flood Impact Analysis of Typhoon Yagi in VietnamOn September 7, 2024, Typhoon Yagi struck Northern Vietnam, severely affecting the coastal city of Hai Phong and neighboring Quang Ninh Province. The typhoon caused extensive flooding, significant infrastructure damage, and substantial economic and human losses. This research integrates remote sensing and GIS-based spatial analysis to evaluate the flood impacts and predict flood-prone areas. Sentinel-1 satellite data, processed using the Sentinel Application Platform (SNAP), was employed to extract flood-affected regions through pre- and post-crisis imagery differencing. Flood extent was identified by subtracting pre-crisis from post-crisis imagery, isolating inundated areas. Additionally, a predictive flood risk analysis was conducted using the weighted sum tool in ArcGIS Pro, incorporating seven key variables: DEM, terrain slope, drainage density, LULC derived from Sentinel-2 data, monthly rainfall data for September 2024 from PERSIANN-CCS, distance to roads, and distance to rivers. Each raster variable was reclassified into a standardized scale ranging from 1 (very low risk) to 5 (very high risk) to ensure comparability, followed by the assignment of weighted contributions to each variable based on its influence on flooding. The resulting analysis produced a flood risk map for the study area, highlighting the interplay of topography, hydrology, and infrastructure in flood dynamics. These findings offer critical insights for flood risk assessment, disaster response, and the development of mitigation strategies tailored to Hai Phong and Quang Ninh.
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Training and Assessment of a Damage Classification Deep Learning Model for the 2025 Palisades Fires in Southern CaliforniaProviding preliminary damage reports is essential to residents of post-disaster zones who need this information while planning their return to their property. As fire size, severity and frequency increase, it may become harder for local authorities to assess the amount of damage caused by these fires in a timely manner. High resolution satellite imagery of the 2025 Palisades Fire’s post disaster zone was used to train a deep learning model in ArcGIS Pro that classifies building footprint as damaged or undamaged. The model performed with high scores on several accuracy metrics, showing that off the shelf deep learning models can be applied to new data and trained to near perfect agreement, even on less powerful computers. With deep learning tools becoming more accessible, it may be wise to incorporate them as part of post disaster measures to maintain the public informed with real-time and accurate information. However, while these tools can be used alongside other demographic data to form relevant and informative damage reports, they suffer from accessibility issues like high imagery prices, high computing requirements, and expensive licensing that could make it difficult to apply this emerging technology in a broad range of scenarios.
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POTENTIAL EFFECTS OF METHANE EMISSION REDUCTION ON CALIFORNIA LEAST TERN BREEDING HABITATEffective climate change mitigation is complicated by economic factors, as renewable energy projects require significant upfront investment. Recently, the Bitcoin mining industry has begun investing in renewable energy, particularly projects powered by methane waste byproducts from other industries. These projects are promising for their low infrastructure needs and ability to reduce methane emissions that would otherwise be released into the atmosphere. Programs like the Endangered Species Act’s Cooperative Endangered Species Conservation Fund provide funding for conservation projects benefiting endangered species. These programs could support methane-fueled Bitcoin mining projects if a link between methane reduction and improved habitat for endangered species is established. This study used GIS to assess the impact of methane reduction on the breeding habitat of the California least tern, an endangered bird species. Using data from the Coupled Model Intercomparison Project Phase 6 (CMIP6) climate modeling project, potential future habitat in 2050 was mapped under three projected climate scenarios developed by CMIP6 scientists. Alternative scenarios with 10%, 20%, and 50% reductions in methane emissions were then modeled using the Model for the Assessment of Greenhouse Gas Induced Climate Change (MAGICC) climate model for comparison with the unaltered versions. In two of the three scenarios, reducing methane emissions expanded the likely breeding habitat of the California least tern. However, in the third scenario, habitat suitability showed minimal change. This suggests that methane-fueled Bitcoin mining could be an effective climate change mitigation strategy, potentially improving habitat for endangered species, but further research is needed to confirm these findings.
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A Suitability Analysis of Dona Ana and El Paso Phase Settlement Patterns in the Jornada Mogollon Region of New MexicoThe goal of this project is to use raster-based GIS analytical methods, specifically suitability analysis, to identify and model landscape characteristics associated with archaeological site placement in southeastern New Mexico. This analysis focuses particularly on the environmental variables influencing the transition from mobile hunter-gatherer lifeways in the Jornada Mogollon/Doña Ana phase to increasingly sedentary agricultural settlements typical of the later El Paso phase. By integrating factors such as proximity to streams, slope, aspect, precipitation, soils, and landcover into a suitability model, this research aims to better understand how these variables influenced settlement decisions. During the Late Formative (AD 1000 – 1450), Jornada Mogollon populations adopted a mixed subsistence strategy characterized primarily by horticulture focused on indigenous plant species (e.g., chenopods), supplemented by maize agriculture. This adaptive approach would have had important implications for where communities established their settlements, likely emphasizing areas suitable for small-scale agriculture and resource-rich environments. Identifying landscape characteristics associated with semi-sedentary to sedentary residential sites will help clarify the environmental criteria guiding site selection and reveal broader patterns in prehistoric settlement decisions. This research offers insights into how environmental constraints shaped cultural adaptations and landscape utilization in the Jornada Mogollon region.
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Assessing the Relationship between Urban Heat and Vegetation in Albuquerque, New MexicoThe urban heat island effect poses a significant challenge for cities and urbanized areas, particularly those in warm climates. Vegetation, such as urban trees and parks, plays a crucial role in mitigating the effects of urban heat by helping to reduce land surface temperatures. This study explores the relationship between urban heat and vegetation in Albuquerque, New Mexico using remote sensing. To calculate land surface temperature (LST) and Normalized Difference Vegetation Index (NDVI) and identify patterns of heat distribution and vegetation density across the city, the study used Google Earth Engine (GEE) to process Landsat 8 imagery, and ArcGIS Pro to integrate social vulnerability data and help determine what areas would be most impacted by new vegetation. Additionally, this study assessed the accessibility of this methodology for local governments, emphasizing its potential as a cost-effective approach to urban heat mitigation. By demonstrating the utility of GEE and freely available satellite data, this study provides a framework for municipalities to make informed decisions in combating urban heat and enhancing climate resilience. Results showed that there is a positive relationship between urban heat and areas of low vegetation, and GEE is a valuable tool to help government agencies tackle urban heat.
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HABITAT SUITABILITY ANALYSIS OF IXODES SCAPULARIS IN THE STATE OF MICHIGAN TO DETERMINE LYME DISEASE RISKLyme disease is the most common vector-borne disease in the United States. The disease is caused by the bacteria Borrelia burgdorferi and is largely spread by the black-legged tick, Ixodes scapularis. The black-legged tick, also known as the deer tick, is most common in the Northeast, mid-Atlantic, and upper Midwest. A weighted habitat suitability analysis submodel based on environmental factors was conducted to determine locations in the state of Michigan where deer ticks may exist or could become established if introduced. The results from this submodel were then used as part of a second weighted suitability analysis which also incorporated certain human activities that increase the likelihood of encountering deer ticks. A risk map was generated from the second suitability analysis to display areas that are both highly suitable for tick survival and human activity. The risk map showed a majority of the upper peninsula and northern lower peninsula, along with the west coast and portions of the southeast region, posing a risk to humans should a tick population become established if not established currently. Further studies should be conducted that incorporate tick surveillance programs, Lyme disease incidence rates, and human behavior in and around these higher risk areas to limit the spread of future tick populations and bring awareness to Michigan residents.
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Codifying an Answer to the Major Questions Doctrine [Note]The Major Questions Doctrine is among the newest tools in the Supreme Court’s toolbox to limit the executive branch. The Doctrine explains that agencies addressing issues of economic and political significance must have clear congressional authorization to do so. Critics of the Doctrine see it as a tool to wield whenever the Court disapproves of the actions of the executive, while proponents insist it is a necessity to maintain separation of powers. The Doctrine, however, will likely lead to a flood of cases arguing that an agency has acted without congressional authorization. Since environmental law functions through delegation to the executive branch, it will be an epicenter for major questions litigation. The clearest solution would be for Congress to amend each authorizing statute to explain the delegation’s bounds clearly. This solution is unlikely because of the political will and time required for such a task. This leads to the question: Could Congress amend all agency delegations at once to clearly authorize them to act in the face of major questions? Court precedent suggests that Congress would have to be precise with structuring such a statute and that Congress may not be able to legislate away the Major Questions Doctrine with one statute while staying within the constitutional boundaries of the legislative and executive branches. This Note determines whether Congress can circumvent the Major Questions Doctrine and whether such a statute would require so much structure that it would be impossible to navigate and functionally useless.
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The Right Settlement? A Comparative Analysis of the 3M PFAS and Big Tobacco Settlements [Note]Per- and Polyfluoroalkyl Substances, collectively known as PFAS, are chemical substances that have been used in manufacturing for many years. However, exposure to the chemicals has been linked to negative health outcomes. Because of an increasing awareness of PFAS exposure, particularly through contaminated drinking water, more lawsuits have been filed, resulting in pricey settlements. Specifically, this Note assesses the 3M PFAS Settlement to determine if the settlement is effective in addressing the PFAS exposure issue around the country. To make this analysis, this Note compares the 3M PFAS Settlement’s key provisions with the Tobacco Master Settlement of 1998. This comparative analysis helps determine the strengths and weaknesses of the 3M Settlement based on the successes and mistakes of the Tobacco Master Settlement. After making the comparison, this Note concludes that the 3M PFAS Settlement is effective in providing financial support to water providers because of its clear purpose, direct payment to water providers, and stringent enforcement of payment regardless of whether 3M files for bankruptcy or is unable to pay. These are provisions that mark an improvement from the Tobacco Master Settlement. The 3M PFAS Settlement falls short in addressing the entire PFAS issue given the costs of cleanup and health effects overtaking the settlement price. Yet, the 3M PFAS Settlement should not be deemed a failure, especially if more settlements and lawsuits follow. This trend appears to be taking place, as many more lawsuits are being filed, especially regarding health issues. What specific provisions future settlements will entail is unclear, but the 3M PFAS Settlement can be seen as a critical stepping-stone to holding major chemical companies accountable by paying to protect society from further exposure.
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The Impact of International Investment Law on the Right to Clean, Affordable, and Accessible Water [Article]Water is necessary for the achievement of global sustainable development objectives and critical to sustaining life on earth. Economic activities, spanning from extractives development to water services privatization schemes, have critically impacted water resources, particularly in developing economies. While State governments endeavor to protect their water resources, regulate in the interest of their populations, or legislate to protect the environment, the current international investment law regime allows foreign investors to initiate arbitration alleging violations of investment treaties, such as inequitable treatment or expropriations of their investment projects. This arbitral process is outlined through investor-State dispute settlement (ISDS) provisions in investment treaties. This Article examines the contexts and outcomes of a number of current and past ISDS cases to outline how State efforts to ensure the right to clean, affordable water and protect its environmental resources have been compromised by ISDS. States, in implementing legislation and regulation in the interest of protecting water resources and achieving sustainable development, should consider the effects that ISDS and international investment law have on domestic rulemaking.
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Comparison of Property Values of Contaminated and Non-Contaminated Sites By Land Use Category in Ramsey County, MinnesotaThe commercial and industrial use of land for various kinds of economic activity can result in contamination. Contaminated properties, when not correctly remediated, may persist for years within a community remaining underutilized or unused entirely. Contaminated and underutilized land is a concern to citizens and governments as these properties remove productive land from development and may pose health risks as can contribute to reducing property values for the surrounding properties and can diminish the property tax base used to fund government programs and activities. This analysis will attempt to use geospatial techniques to assemble various types of public data to determine if land values of properties known to contain a contamination record are comparable to land values with sites not having a known contamination record. Land values—normalized by parcel to the unit of ‘assessed value per acre’—of contaminated and non-contaminated sites are compared within their respective generalized land use categories. The study area will encompass Ramsey County, Minnesota (170 square miles). The data for this analysis includes the sites (as point data) of the known contamination from the Minnesota Pollution Control Agency, property values from County records contained in parcel polygon data and existing land use types to be assembled from municipal governments, available as polygons.
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Table of ContentsThe University of Arizona James E. Rogers College of Law (Tucson, AZ), 2024
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Automating LiDAR Dataset Retrieval and Geodesic Viewshed Generation with PythonData collection is often the most time-consuming part of a GIS research project. For a viewshed analysis this involves identifying the coverage areas and selecting the exact grid squares required by the study area. The goal of this tool is to save the end-user time by automating the LiDAR download and viewshed calculation. This tool is run via the ArcGIS Pro geoprocessing GUI through a custom python tool in a custom toolbox. This tool is specifically designed to retrieve LiDAR data from Pennsylvania Lidar Navigator hosted by Pennsylvania Spatial Data Access, or PASDA. The tool generates a polygon around the target site which is used to select LAS grid squares that were imported via REST URL. These LAS grid squares are then used to download their linked LAS datasets, merged into one universal LAS dataset, and then used to run a geodesic viewshed. The completion of this script produces a viewshed layer with automatic symbolization of green: land visible up to eighty feet above ground level, blue: land visible from eighty feet to one hundred twenty feet above ground level, and no fill color for anything above one hundred twenty feet above ground level. Testing with this tool has resulted in successful viewshed calculations with distances between observer and target features ranging from three statute miles to twenty-six statute miles. With the tool successfully downloading and generating viewsheds this tool allows end-users to multitask while this tool runs in the background, effectively saving the end-user time.
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Perfiles de Economía Agrícola de los Condados de ArizonaEsta serie de perfiles de condados presenta la producción agrícola, el uso del agua y los datos económicos regionales en un formato estandarizado, integrado y fácil de leer para brindar contexto sobre el papel de la agricultura dentro de las economías estatales y de los condados, así como su papel como administrador de tierras y recursos naturales. Los perfiles están disponibles en Inglés y Español. El Programa de Extensión de Análisis Económico Regional (EREAP, por sus siglas en inglés) lleva a cabo investigaciones aplicadas y análisis económicos que abordan temas de desarrollo económico alrededor de Arizona. Trabajamos para satisfacer las necesidades del sistema de Extensión Cooperativa y de las personas beneficiarias del mismo, tales como personas pertenecientes a las industrias agrícolas y agroindustriales de Arizona, los usuarios y organizaciones relacionadas al uso de recursos naturales, y grupos de economía regional, para proporcionar análisis especializados e información específica.