For the Record: Guest Speaker Series, Featured Articles and Expert Insights on Environmental Law, Water Policy and More

March 26, 2025

Catch up on recent University of Arizona Law faculty accomplishments

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News 

Milczarek-Desai Speaks at Social Justice Speaker Series at Fordham Law 

On February 25, Associate Professor of Law Shefali Milczarek-Desai was a guest speaker at Fordham Law School Feerick Center for Social Justice’s Social Justice Leaders Speaker Series.  

Milczarek-Desai presented her research paper "(Hidden) in Plain Sight: Migrant Child Labor and The New Economy of Exploitation" and delved into the often-overlooked issue of migrant child labor, exploring how it continues to persist and evolve within the context of today’s global economy. 

Massaro and Woods Article Publishes in Yale Law Review  

Dean Emerita Toni Massaro and Professor Andrew Keane Woods paper From Gods to Google has published as the featured article in the February 2025 issue of the Yale Law Review. The paper argues that the Court’s solicitude for religious speakers explains the First Amendment’s role as a barrier to sensible technology regulation. 

Richotte Publishes New Book about Native America, the Supreme Court, and the U.S. Constitution 

Professor of Law and Director of the Indigenous Peoples Law and Policy Program (IPLP) Keith Richotte Jr. has published a new book, “The Worst Trickster Story Ever Told: Native America, the Supreme Court, and the U.S. Constitution.” The book provides a synthesis of Native American legal history across more than 100 years, reflecting on race, power, and sovereignty along the way. By embracing the subtle, winking wisdom of trickster stories, and centering the Indigenous perspective, Richotte opens up new avenues for understanding this history. 

Salmon's New Moot Court Handbook Featured in Faculty Book Talk  

Director of Legal Writing Susie Salmon’s new book, “The Moot Court Advisors Handbook,” was featured during a February Faculty Book Series at the Daniel F. Cracchiolo Law Library. Salmon’s book covers everything to know about running moot courts and other legal skills competitions. 

Tsosie New Associate Justice for the Fort McDowell Yavapai Nation Supreme Court 

On February 13, Regents Professor and Morris K. Udall Professor of Law Rebecca Tsosie was sworn in as an Associate Justice for the for the Fort McDowell Yavapai Nation Supreme Court. Justice Tsosie, who is of Yaqui descent, is a faculty member for the Indigenous Peoples Law and Policy Program and is widely known for her work in the fields of Federal Indian Law and Indigenous people’s human rights. 

Tamir Publishes New Book Chapter in Research Handbook on Comparative and Administrative Law  

Associate Professor of Law Oren Tamir published a new chapter on February 14 titled, “The Major Questions Doctrines: A Case Study on the Possibilities of Comparative Administrative Law.” The chapter will be included in the forthcoming bookResearch Handbook on Comparative Administrative Law.” The chapter examines the major questions doctrine through a comparative lens.  


Media  

Director of the Indigenous Peoples Law and Policy Program Keith Richotte Jr. writes an op-ed that examines the U.S. government's plenary power over Native American tribes. The article highlights historical instances where this power has been exercised, resulting in broken treaties and loss of tribal lands. It also discusses recent Supreme Court cases that have upheld or expanded congressional authority over tribes, sometimes overriding established treaty rights. He argues that power without guardrails is coercion, and that it can reshape a people and their nation with devastating consequences. 

South Tucson meat market visited by ICE agents 
Tucson Spotlight 
March 20, 2025 

Associate Professor of Law Shefali Milczarek-Desai weighs in on a recent ICE raid at a meat market in South Tucson, seizing employee documents after a tip to Homeland Security, sparking concerns over the operation's scale and intentions. 

The White House is revoking its own authority to oversee implementation of the National Environmental Policy Act — and leaving a bureaucratic mess in its wake. Professor of Law Justin Pidot, Ashby Lohse Chair in Water & Natural Resources and co-director of the Environmental Law Program, is quoted.    

The Hoover Dam's celebrated its 89th anniversary of completed construction, considered by most experts "a modern miracle" and one of the most visited sites in the world. Regents Professor Emeritus Robert Glennon, a water policy and law expert, weighs in.  

Sacred Promises: Truth and Treaty 
All My Relations Podcast 
Jan. 22, 2025 

Regents Professor Robert A. Williams Jr., a distinguished legal scholar and advocate for Indigenous rights, to explore the enduring significance of treaties, how they impact both Native and non-Natives, and why it is crucial we continue to talk about and teach our treaties to future generations. 

How Important Is Presidential Immunity? 
Balkinization 
Feb. 25, 2025 

Professor Andrew Coan, the Milton O. Riepe Chair in Constitutional Law, discusses the concept of presidential immunity and examines Trump v. United States, which granted presidents broad immunity from criminal prosecution for actions taken as part of their official duties. This ruling has sparked debate over the balance between protecting a president's ability to perform their duties without fear of legal repercussions and ensuring that presidents are held accountable for misconduct. Critics argue that such expansive immunity could undermine the principle that no one is above the law and potentially encourage abuse of power. The post delves into these issues, exploring the implications of the ruling for the rule of law and democratic accountability. 

Faculty Director of the Health Law & Policy Program Tara Sklar discusses the transformative impact of telehealth on U.S. healthcare, highlighting its potential to enhance access and efficiency. 

Lacking a Demonstrable Source of Authority 
History News Network 
Feb. 19, 2025 

Professor Keith Richotte Jr. Writes on the test case that provoked the courts to decide whether the federal government had jurisdiction to exercise American criminal law over Native peoples on Native lands. 

Associate Professor of Law Shefali Milczarek-Desai, co-director of the Bacon Immigration Law and Policy Program, discusses the complex intersection between im/migrant labor and the long-term care industry. As the U.S. population ages, important conversations have been taking place about what the long-term care industry workforce will look like and what steps the U.S. is taking or not taking to address this growing concern.  

The Trump administration's recent actions to dismantle environmental justice programs within federal agencies. This includes placing over 100 employees from the Environmental Protection Agency's Office of Environmental Justice and External Civil Rights on administrative leave and initiating staff reductions in the Department of Justice's environmental justice initiatives. These measures align with President Trump's executive order to eliminate diversity, equity, inclusion, and accessibility programs across the federal government. Critics argue that these actions jeopardize protections for minority and low-income communities disproportionately affected by pollution. Professor of Law Justin Pidot, Ashby Lohse Chair in Water & Natural Resources and co-director of the Environmental Law Program, is quoted.  

Attorney General Pam Bondi's directive to dismantle environmental justice initiatives within the Department of Justice (DOJ), aligning with President Trump's executive order to eliminate diversity, equity, inclusion, and accessibility programs across federal agencies. This move includes placing over 100 Environmental Protection Agency (EPA) employees on leave and planning staff reductions in the DOJ's Environment and Natural Resources Division. Critics argue that these actions endanger minority and low-income communities by weakening protections against pollution. In a recent lecture, Professor Justin Pidot emphasized the importance of integrating equity and civil rights into environmental policymaking. 

uncertainty surrounding the future of National Environmental Policy Act (NEPA) regulations after a recent federal court ruling found that the White House Council on Environmental Quality (CEQ) lacks authority to issue binding regulations. This decision could lead to increased litigation and delays for infrastructure projects due to the lack of clear environmental review guidelines. Professor Justin Pidot is featured, explaining that the ruling creates a regulatory vacuum that may result in inconsistent application of NEPA and greater legal challenges for project developers. 

Associate Professor Oren Tamir co-authors a piece analyzing the evolving U.S. administrative law of rulemaking, including key 2024 Supreme Court cases and the Trump administration’s impact. 

Professor Justin Pidot and colleagues write that dismantling the Environment and Natural Resources Division of the U.S. Department of Justice will be disastrous for future administrations, the American people and even for the Trump Administration. 

Attempts by the Trump Administration to withhold federal transportation funding from what the President describes as "sanctuary cities" for undocumented migrants likely will depend on the U.S. Supreme Court. Professor Justin Pidot, who served as the general counsel at the White House Council on Environmental Quality in the Biden administration, weighs in.  

Dean Marc Miller: Exiting on a High Note 
Arizona Attorney Magazine 
February 2025 

Former Arizona Law dean Marc L. Miller sat down with Arizona Attorney editor Tim Eigo and discussed his service as dean and the accomplishments that occurred during his 12-year tenure.