For the Record: Awards, Supreme Court Citations, Presentations and Expert Insights on Water, JD Admissions and More

July 31, 2023

Catch up on recent University of Arizona Law faculty accomplishments.

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Chris Gast accepting award

Chris Gast accepting the Innovation & Impact Award from the National Association of Law Student Affairs Professionals

News 


Atwood Gets Award of Special Merit from the Arizona State Bar and Cited in SCOTUS Opinion  

Mary Anne Richey Professor of Law Emerita Barbara Atwood received the 2023 Arizona State Bar Award of Special Merit, presented by the Board of Governors to members of the State Bar of Arizona who have made significant contributions to the furtherance of public understanding of the legal system, the administration of justice and confidence in the legal profession.    

Additionally, Atwood's Emory Law Journal article, "Flashpoints Under the Indian Child Welfare Act: Toward a New Understanding of State Court Resistance," was cited in the Supreme Court's opinion in Haaland v. Backeen by Justice Neil Gorsuch in his concurrence.  Read Atwood's Q&A discussing the history of the law and the arguments in the case.


Cluck Speaks on AALS Panel at Conference on Affirmative Action  

On July 10, Assistant Dean for Admissions & Financial Aid Cary Cluck joined a panel at the Association of American Law Schools Conference on Affirmative Action to discuss what has and has not worked for law schools in achieving diversity without affirmative action. Watch Cluck’s panel here.  


Gast Awarded with Innovation and Impact Award 

Senior Director of Student Resources and Professor of Practice Chris Gast was named the recipient of the Innovation & Impact Award from the National Association of Law Student Affairs Professionals (NALSAP) for his work on the First Circuit program, an effort to connect first generation students with each other, provide direct programming on legal education topics, and inspire pathways that students may not have considered. Gast was awarded during the 2023 NALSAP Conference in Denver, CO which took place June 13-15.  


Bublick Presents at Tort Law and Social Policy Symposium  

On June 8, Professor Ellen Bublick presented at the 2023 Clifford Symposium on Tort Law and Social Policy in Chicago, Illinois. She spoke during a session on individual harms and remedies and discussed “After the Firefighters’ Rule: Tort Litigation Arising from Protest.” 

Additionally, Bublick’s, Law of Torts, was cited by Justice Thomas in United States ex rel. Schutte v. SuperValu Inc.  


Sepe Lectures on Normative Ethics and Economic Theory  

Chester H. Smith Professor of Law and Finance Simone Sepe was among the distinguished faculty members from around the world participating in a Summer program l titled, Markets and Government: A Theoretical Appraisal in Villa Mondragone, Rome from June 20-23. Read more about the summer school here.  

On June 26-27, Sepe taught a seminar, Methods of Law & Finance, organized by The Rules for Growth Institute (Droit & Croissance) in Paris, France. The exclusive event in Paris was designed to introduce students to the latest theoretical and empirical studies in the law and finance of corporate governance. Read more about seminar here.  


In the Media 

Workers' heat deaths spur bill from Grijalva, others to create federal protections 
KJZZ Phoenix 
July 26, 2023 

Associate Professor of Law and Co-Chair of the Bacon Immigration Law and Policy Program Shefali Milczarek-Desai discusses protections for workers exposed to extreme heat 

Here's how China is responding to US sanctions – with blocking laws and other countermeasures 
The Conversation 
July 21, 2023 

Professor of Law Bashar Malkawi writes about how the U.S. sanctions China and how China attempts to counter these sanctions. 

Why Writing CLE Should Be Mandatory for Lawyer
Law360 
July 11, 2023 

Diana J. Simon, associate clinical professor, writes about why writing CLE should be mandatory for lawyers. 

What Does Talevski Tell Us About Future Nursing Home Litigation? 
American Health Law Association 
July 6, 2023 

Faculty Director of the Health Law & Policy Program Tara Sklar and rising third year student Katherine Barnett write about nursing home litigation.  

Amid a reckoning, some Native Americans call for reparations 
The Washington Post 
July 9, 2023 

Proposals to pay reparations to the descendants of enslaved Africans provide something of a blueprint for Indigenous nations seeking their own forms of compensation from the U.S., though with some significant differences given their unique political relationship with the United States. "There is no other group that has that form of a claim," said University of Arizona professor of law Rebecca Tsosie, who is of Yaqui descent. "Indigenous peoples are still in their context of separate and distinct peoples. So as nations, other nations within the nation." 

How might we save the Colorado River? 
Colorado Public Radio 
July 5, 2023 

Climate change and overuse are depleting the Colorado River and threatening the future of the Desert Southwest. Normally when things get scarcer, they get more expensive. But that is not true with water. "Even when you write a check to the local utility, it's not for water. It is for the cost of service," said University of Arizona Regents Professor Emeritus of Law Robert Glennon. "It's for the cost of the utility to pump the water, treat the water, deliver the water. There is no charge for the commodity of water. None." 

The Neo-Brandeisians Are Wrong About Greedflation 
ProMarket 
June 28, 2023 

Robert H. Mundheim Professor of Law and Business Barak Orbach writes about greedflation history and the possible decline of the Neo-Brandeisian movement.  

The Navajo Nation has lacked access to water for decades. The Supreme Court just made it worse 
Fast Company  
June 24, 2023 

Regents Professor Emeritus Robert Glennon writes that the Navajo quest for water rights continues more than 150 years after their reservation was created. 

'Water is a human right': Supreme Court ruling in Navajo case disappoints, angers people 
Arizona Republic 
June 23, 2023 

Heather Whiteman Runs Him, associate clinical professor, weighs in following SCOTUS ruling over the Navajo Nation's claims to secure water rights. 

Large Language Negligence 
The Lawfare Podcast 
June 23, 2023 

Professors Jane Bambauer and Derek Bambauer discuss a forthcoming symposium that will examine large language negligence.  

How U.S judges' broke laws, oaths and remained on bench 
Nigerian Tribune 
June 20, 2023 

Most observers of the U.S. judicial system agree that most judges behave responsibly, respecting the law and those who appear before them. "With a few notable exceptions, the commissions generally get it right,” said Professor Keith Swisher, who specializes in judicial ethics. 

Wetlands are vital Arizona ecosystems. A Supreme Court ruling could weaken their protections 
The Arizona Republic 
June 19, 2023 

In a 5-4 decision last month, the U.S. Supreme Court curtailed the Environmental Protection Agency's authority to regulate the nation's wetlands and waterways under the Clean Water Act. "A vast number of wetlands that were regulated and required permits under the clean water act no longer do because they are no longer defined within the jurisdiction of the act," said Professor Stephanie Stern, who focuses on climate adaption policy and water law. "This is very much a shifting of power from federal to state government." 

Tenant eviction support program in two states empowers non-lawyer advocates 
JD Journal 
June 15, 2023  

Continuing coverage: The supreme courts of Arizona and Utah have approved proposals to allow the Innovation for Justice Program based at University of Arizona James E. Rogers College of Law to train and license non-lawyer volunteers to provide free, limited-scope representation to tenants facing eviction or other housing-related difficulties. 

NV mines test boundaries of 150-year-old mining law 
Nevada Current 
June 12, 2023  

Looming legal battles over proposed mineral mining in Nevada may hinge on a 2022 federal court ruling over the Rosemont Mine southeast of Tucson. Professor John Lacy, director of the Global Mining Law Center, calls the discussion around the Rosemont decision "a bit overblown." He argues the Rosemont decision exposed gaps in the General Mining Act of 1872, and the need for comprehensive reform of the law to address modern mining challenges. 

New law school admissions test developed by Univ of Arizona gets ABA approval 
Reuters 
June 8, 2023 

A new law school admissions test developed by University of Arizona Law gets ABA approval. Dean Marc Miller discusses JD-Next.