For the Record: Awards, Presentations, New Papers, and Expert Insights on Antitrust, Ethics and More

News 

Antognini Co-Organizes and Presents at Nonmarriage Roundtable Conference

Professor of Law Albertina Antognini co-organized the sixth annual Nonmarriage Roundtable Conference at the University of Virginia School of Law on September 20. The conference is dedicated to scholars researching and writing about nonmarriage, with attendees from various disciplines. Antognini presented, “Abolitionist Family Law,” a piece she is co-authoring.  

Tsosie Receives the 2024 Lifetime Achievement Award from the Native American Bar Association of Arizona  

Regents Professor and Morris K. Udall Professor of Law Rebecca Tsosie was awarded with the Native American Bar Association of Arizona’s (NABA-AZ) 2024 Lifetime Achievement Award at the 15th Annual Seven Generations Awards Dinner and Silent Auction on October 5. NABA-AZ holds this annual event to honor individuals for contributions in advocacy for legal and policy issues that are important to the Arizona Native American community.  

Tsosie, who is of Yaqui descent, is a faculty member for the Indigenous Peoples’ Law and Policy Program at University of Arizona Law and is widely known for her work in the fields of Federal Indian law and Indigenous peoples’ human rights.  

Miguel-Sterns Delivers Keynote Address on Navigating the AI Revolution in Law Libraries at University of Chile 

Associate Dean of Legal Information Innovation and Director of the Daniel F. Cracchiolo Law Library Teresa Miguel-Sterns was invited by Universidad de Chile to attend the "Seminario de Información Jurídica: tendencias, nuevos roles y uso de la IA en las bibliotecas académicas y especializadas,” as the keynote speaker.  

Miguel-Sterns' keynote titled, "Navigating the AI Revolution in Law Libraries: Challenges, Opportunities, and Our Collective Future," focused on the impact of artificial intelligence on law libraries and legal information services, encouraging a future in which law librarians are key players in shaping the future of AI in legal contexts, blending the technological advancement with human expertise. 

Sklar Commentary Publishes in the Journal of Law, Medicine, and Ethics 

Director of Health Law and Policy Program Professor Tara Sklar’s commentary titled, “The States’ Hodgepodge of Physician Licensure Regulations,” was published in the Journal of Law, Medicine, and Ethics.  

Sklar’s commentary, co-written with Professor Christopher Robertson from Boston University Schools of Law and Public Health, explains how federal and interstate collaborations have largely failed to effectively address the interstate practice of telehealth and, as a result, states have been increasingly enacting unique telehealth registration pathways to allow out-of state providers. Ultimately, a real national solution is required.  

Orbach Receives Mallen Award for Contributions to Motion Picture Industry 

Robert H. Mundheim Professor of Law and Business Barak Orbach received this year’s Mallen Award for his lifetime published scholarly contributions to motion picture industry studies.  

Orbach’s work has had an influence across multiple disciplines—including economics, business strategy, business history, and marketing—as well as within the content industries. The award, named after Hollywood executive Bruce Mallen, honors impactful research that bridges academia and the motion picture industry. 

Milczarek-Desai Speaks on Future of Workers’ Rights 

Associate Professor of Law and Co-Chair of the Bacon Immigration Law and Policy Program Shefali Milczarek-Desai recently attended the Colloquium on Scholarship in Employment and Labor Law, the largest annual employment/labor law conference for law professors in San Diego. She presented on her new in-progress paper “The End of Workers’ Rights.” 

Her paper will propose a theoretical model that can be used to determine whether, and if so, to what extent and in which ways, workers’ rights continue to be a viable route to justice for marginalized workers. It does so by focusing on one particularly vulnerable subset of workers – im/migrants – who often struggle to access and benefit from workers’ rights laws on federal, state, and local levels. 

Pidot Speaks at Martz Symposium on Public Lands and to Deliver the 2024 Gilbert and Sarah Kerlin Lecture on Environmental Law 

Professor of Law Justin Pidot, co-director of the Environmental Law Program, was a speaker at the 2024 Martz Symposium on Public Lands hosted by University of Colorado Boulder’s School of Law, October 4-5. The Conference considers the latest developments and proposed reforms to the laws and policies that govern our management of public lands, including a look at those laws that are standing in the way of progress and others that have helped to pave the way for innovation. Pidot joined a diverse and inclusive set of stakeholders, policymakers, academics, and advocates to share ideas on how best we can steward and care for America’s public lands for current and future generations. 

On Nov. 6, Pidot will deliver the 2024 Gilbert and Sarah Kerlin Lecture on Environmental Law at The Elisabeth Haub School of Law at Pace University. His lecture, "Environmental Justice at the White House," will examine the unprecedented steps the Biden Administration has taken to center environmental justice in environmental and conservation policy. Pidot will also discuss the expansion of Federal environmental justice efforts, including by delivering benefits to communities that have historically faced disproportionate burdens and underinvestment, enhancing community engagement across the government, advancing Tribally-led conservation, and more.  

Roisman Article Publishes in University of Chicago Law Review 

Associate Professor of Law Shalev Roisman’s article "Balancing Interests in the Separation of Powers" has been published in the University of Chicago Law Review.  

Roisman proposes a two-part interest balancing test. The first part asks whether the action of one branch interferes with the powers of another. If so, the second part asks whether the interest served by the interference is sufficiently strong to be justified. Roisman’s interest balancing test is similar to the Constitutional levels of scrutiny that have long been applied in the context of individual rights.  

Rupprecht Jane Article Selected for Publication in American Journal of Law and Medicine 

Director of Innovation for Justice Stacy Rupprecht Jane’s article, co-written with Professors of Practice Cayley Balser and Antonio Coronado, has been selected for publication in the Summer 2025 issue of the American Journal of Law and Medicine. 

“An Innovative Approach to Medical-Legal Partnership: Unauthorized Practice of Law Reform as a Civil Justice Pathway in Patient Care,” explores the potential of UPL reform to improve social determinants of health for patients by embedding community-based civil justice problem-solving in-patient care. 

Richotte to Speak at National Constitution Center Virtual Event  

In celebration of Native American Heritage month, Director of the Indigenous Peoples Law and Policy Program Keith Richotte Jr. will discuss Native American history and law through the stories of landmark Supreme Court cases on November 4 at the National Constitution Center’s “America’s Town Hall: Native Americans and the Supreme Court.” Richotte is the author of the forthcoming book, The Worst Trickster Story Ever Told: Native America, the Supreme Court, and the U.S. Constitution. Register here for free, online event. 

Tamir attends Comparative Administrative Law Workshop and to Moderate at ABA 2024 Administrative Law Fall Conference 

Associate Professor of Law Oren Tamir attended Notre Dame's London Global Gateway for the Comparative Administrative Law Workshop. Tamir joined senior researchers from various universities to exchange ideas, improve research papers, and build intellectual friendships.  

On Nov. 7-8, Tamir will serve as a moderator for a panel discussion titled, “Delegation, Deference, and Rulemaking: Lessons from Europe,” at the ABA Administrative Law and Regulatory Practice Section’s 2024 Administrative Law Fall Conference. Register here for the virtual, live conference. 

Fierros Named 40 Under 40 by – The Tucson Hispanic Chamber of Commerce 

Director of Admissions Ruben Fierros has been named part of the 2024 Class of the 40 Under 40 Awards by the Tucson Hispanic Chamber of Commerce. The 40 Under 40 Awards celebrate young leaders who are making a significant impact across various sectors, including business, education, non-profits, and civic engagement.  

Media 

Arizona Border Measure Stays Below Radar Despite Immigrant Furor 
Bloomberg Law 
Oct. 23, 2024 

Professor Lynn Marcus, Director of the Immigration Law Clinics, discusses Prop 314, and explains why it is unlikely to take effect if passed. 

The Immigration Lawyer Who Helped Too Many People 
The New Republic 
Oct. 22, 2024 

A Tucson immigration lawyer provided her services to the community free of charge for decades, most recently with Keep Tucson Together, struggled to keep up with the high demand for legal services with limited time and resources, which at times lead to negative outcomes for their clients. Professor Andy Silverman, who has volunteered his time with Keep Tucson Together, is interviewed. 

Tim Steller's column: Arizonans need protection from AI data centers' impacts 
Arizona Daily Star (and Government Technology) 
Oct. 22, 2024 

The increasing demand for resources such as electricity and water from data centers that support the needs of artificial intelligence will tax utilities' service capacity and result in higher prices, according to a recent analysis by University of Arizona professor of law Barak Orbach and his son Eli Orbach. 

Arizona's 15-week abortion law leaves some women behind, Prop. 139 proponents say 
KJZZ 
Oct. 22, 2024 

Arizona will be one of 10 states this election to vote on an abortion-related ballot measure. When Arizonans vote on Proposition 139, they will decide whether to enshrine broader abortion rights in the state constitution or to keep the state's 15-week law in place. Passage of 139 likely will result in challenges to dozens of abortion laws already on the books in Arizona. "There will be a lot of litigation trying to figure out exactly what it means," said Barbara Atwood, professor of law emerita at Arizona Law. 

Arizona ballot measure seeks to end judicial retention elections 
Tucson Sentinel 
Oct. 21, 2024 

Among the 13 statewide ballot questions posed to the Arizona voters in the 2024 general election, Proposition 137 would eliminate retention elections for judges of the Arizona Supreme Court, court of appeals and trial courts in counties with more than 250,000 people – Maricopa, Coconino, Pima and Pinal counties. Superior court judges in those counties and on the appellate level would instead serve until they are 70. Professor of Ethics Keith Swisher weighs in.  

These Native tribes share a history. A conflict steeped in colonialism is tearing them apart 
The Guardian 
Oct. 9, 2024 

Experts say a complicated legal fight between the Muscogee (Creek) Nation and the Poarch Creek Indians could have ripple effects throughout Indian country. The dispute is a prime example of how the continued effects of colonialism and forced removal have ruptured historical and current connections among Indigenous communities, according to Keith Richotte Jr., director of the Indigenous Peoples Law and Policy Program. 

2024 won't be the first time Arizona votes on abortion. In 1992, it ended in a landslide 
KJZZ-Radio 
Oct. 2, 2024 

Arizona will vote on an abortion-related proposition this November, but it will not be the first time a question about abortion laws has appeared on ballots in the state. In 1992, voters delivered a resounding defeat to a measure that would have banned most abortions in Arizona. Professor Emerita Barbara Atwood discusses.  

Biden's antitrust cop got a big win. Will it be his last? 
Bloomberg 
Sep. 30, 2024  

Over the last three years the U.S. Department of Justice has made a concerted push to restore its stance on corporate competition and accused bellwether U.S. companies of illegally dominating markets for digital advertising (Google), smartphones (Apple Inc.), concert tickets (Live Nation Entertainment Inc.'s Ticketmaster) and debit cards (Visa Inc.). It has also blocked numerous mergers, frustrating executives, bankers, and investors. Professor Barak Orbach admits to being wary of the DOJ’s rhetoric that it was "energizing" antitrust law focused on monopolies. 

Unprofessional conduct: Free speech doesn't cover elected official's coarse comments, court says 
ABA Journal 
Sep. 25, 2024 

A former Iowa county attorney, Reuben Neff, received a reprimand from the state Supreme Court for crude comments he made about prisoners and judges in 2018. The court determined his conduct – viewed as a whole – rose to the level of objective harm without violating his First Amendment rights. The court also noted the rule was not overbroad, in part because it applied only to speech and conduct that took place during the practice of law.  Professor of Legal Ethics Keith Swisher is interviewed. 

A Proposal: Tribal Veterans Healing to Wellness Courts 
Combat Stress: Harnessing Post-Traumatic Stress for Service Members, Veterans and First Responders  
Summer 2024 

Professor Kristine Huskey, director of the Veterans' Advocacy Law Clinic, writes about the potentially beneficial merger of Veterans Treatment Courts with Tribal Healing to Wellness Courts to mitigate the negative consequences of military service for American Indians and Alaska Native (AIAN) Veterans.