Stand Your Ground in Indian Country

 After over 10 years of Stand Your Ground laws, the data on the controversial self-defense law is in and the results are not very impressive. According to the American Bar Association National Task Force on Stand Your Ground Laws study, which released its report and recommendations in 2015, Stand Your Ground laws increase homicides, have no deterrent on serious crimes, result in racial disparities in the criminal justice system and impede law enforcement.

Since the nation’s first Stand Your Ground legislation was signed into law in 2005, a total of 33 states now have similar laws, including Arizona. Stand Your Ground has changed the legal definition of self-defense because it eliminates the duty to retreat.
As sovereign nations, Tribes are uniquely positioned when it comes to pursuing gun regulation, both in scope and implementation.  While the Second Amendment does not apply to Tribes, federal law affects how Tribes can regulate gun control.  Further, Tribes should be aware of how state laws impact tribal citizens living, working, and travelling off reservations.

This event will include a screening of the award winning documentary “3 1/2 Minutes: 10 Bullets,” followed by a panel discussion regarding Stand Your Ground laws, including how Tribes and tribal members are affected by such laws, both on and off tribal land.
Register Here — http://conferences.asucollegeoflaw.com/standyourground/registration/

Call for Abstracts

Call for abstracts: The co-sponsors invite submission of abstracts for proposed presentations.   Submitters of abstracts need not provide a written paper, although provision will be made for posting and possible post-conference publication of papers for those who are interested.

Although abstracts are invited for any aspect or topic relating to the governance of emerging technologies, some particular themes that will be emphasized at this year’s conference include cybersecurity, artificial intelligence, autonomous systems, drones, CRISPR/gene editing, big data, data analytics, transnational coordination, technology unemployment, internet of things, neuroscience, privacy, longevity, bitcoin/blockchain, and digital health.

Please submit your abstract here: Submit Abstract

  • Abstracts should not exceed 500 words.
  • Abstracts must be submitted byJanuary 31, 2017 to be considered.
  • The sponsors will pay for the conference registration (including all conference meals and events) for one presenter for each accepted abstract. In addition, we will have limited funds available for travel subsidies (application included in submission form).

For more information, please contact Lauren Burkhart at Lauren.Burkhart@asu.edu.

Loving v. Virginia turns 49 this past week

This week marks 49 years since the decision in Loving v. Virginia was published. In 1958, two residents of Virginia, Mildred Jeter, a black woman, and Richard Loving, a white man, were married in the District of Columbia. The Lovings returned to Virginia shortly thereafter. The couple was then charged with violating the state’s antimiscegenation statute, which banned inter-racial marriages. The Lovings were found guilty and sentenced to a year in jail (the trial judge agreed to suspend the sentence if the Lovings would leave Virginia and not return for 25 years). In a unanimous decision, the Court held that distinctions drawn according to race were generally “odious to a free people” and were subject to “the most rigid scrutiny” under the Equal Protection Clause. The Virginia law, the Court found, had no legitimate purpose “independent of invidious racial discrimination.” The Court rejected the state’s argument that the statute was legitimate because it applied equally to both blacks and whites and found that racial classifications were not subject to a “rational purpose” test under the Fourteenth Amendment. The Court also held that the Virginia law violated the Due Process Clause of the Fourteenth Amendment. “Under our Constitution,” wrote Chief Justice Earl Warren, “the freedom to marry, or not marry, a person of another race resides with the individual, and cannot be infringed by the State.”

Student First Amendment Rights in Public Schools

What can students say or not say at school? Say or not say online? Wear or not wear to school?  This engaging presentation uses various examples of t-shirts as a backdrop to explore the boundaries of student speech in the school setting.   You were once a child in school, have a child in school, or will have a child in school. Why not learn a bit about the First Amendment and its application to our kindergarten through 12th grade students?

  • First Amendment Overview
  • Tinker v. Des Moines and the “Substantial Disruption”
  • Bethel v. Fraser and What is Considered “Vulgar, Lewd, Obscene or Plainly Offensive”
  • Hazelwood v. Kuhlmeier and “School Sponsored” Speech
  • Morse v. Frederick and Speech that “Promotes Illegal Drugs or Alcohol”
  • Harper v. Poway and the “Rights of Others”
  • Dress Codes
  • T-Shirt Pop Quiz

Register Here

The state bar of Arizona does not approve or accredit CLE activities for the mandatory continuing legal education requirement.  This activity may qualify for up to 3.0 hours toward your annual CLE requirement for the state bar of Arizona, including 0.00 hour(s) of professional responsibility.


Speaker Bio:

Jessica S. Sanchez
Tri-District Legal Counsel

Tempe School Districts
480.345.3746
jssanchez@tuhsd.k12.az.us

C/O Tempe Union High School District
500 West Guadalupe Road
Tempe, Arizona 85283

Jessica Sanchez is the Tri-District Legal Counsel for the Tempe school districts (Tempe Elementary, Kyrene Elementary, and Tempe Union High School District).  She has been in this position since June 2014 and feels honored to be a part of three fantastic teams!

Prior to becoming the Tri-District Legal Counsel for the Tempe school districts, Ms. Sanchez was a partner at Udall Shumway, PC.  Ms. Sanchez has focused her practice primarily in the area of education law, representing school districts and charter schools throughout the State. Prior to joining Udall Shumway, Ms. Sanchez served as in-house legal counsel for the Scottsdale Unified School District.

Ms. Sanchez has experience providing legal advice and representation on a broad range of matters including, but not limited to, enrollment, discipline, student rights, employment issues, procurement, and governing board liability issues. Ms. Sanchez has conducted many in-service training programs on a variety of topics, such as special education, staff ethics, public records, student records, bullying, hazing, student discipline, and child abuse reporting guidelines. Additionally, Ms. Sanchez has presented variety seminars for the National Business Institute, MEDS-PDN, and the Arizona School Boards Association.

 Education

  • D., Arizona State University, 2006
  • A., Northern Arizona University, 2002

 Jurisdictions Admitted to Practice

  • Arizona

 Professional & Bar Association Memberships

  • State Bar of Arizona
    • Bar Leadership Institute
    • Appointments Committee
  • Maricopa County Bar Association
    • Hall of Fame Committee
  • National School Boards Association
  • Arizona School Board Association
  • Arizona Council of School Attorneys
  • Los Abogados Hispanic Bar Association
    • 2016 President
    • 2013 Emerging Leader Award
  • Hispanic National Bar Association
    • Pipeline Program Mentor

Register Here

The state bar of Arizona does not approve or accredit CLE activities for the mandatory continuing legal education requirement.  This activity may qualify for up to 3.0 hours toward your annual CLE requirement for the state bar of Arizona, including 0.00 hour(s) of professional responsibility.

Thomas Mauet: Trial Evidence 2017 | Artistry & Advocacy in the Courtroom | March 3, 2017

The country’s preeminent evidence expert, author and award-winning Professor Thomas A. Mauet of the U of A Law School, will present another specialized Trial Evidence seminar for Arizona lawyers.  This program is designed to bring clarity and practical application to the most recent evidentiary law developments at both the Federal and State levels.

Examine evidence from the most important point of view the judge’s. Upgrade your working knowledge and understanding of evidence, with the most popular and published expert,  in this fast-changing field.

In this dynamic, practice-based program, Tom Mauet uses his vast experiences as a trial lawyer, law professor and judge to help you organize evidence in the way it should be – from the judge’s perspective.

Mauet frames his presentation by using the three R’s:

Is it relevant? | Is it reliable? | Is it right?

He focuses on potential problem areas – raising and making persuasive objections – and highlights his points with memorable flowcharts and examples.

This highly-acclaimed, comprehensive, entertaining program is enhanced by a continuous visual presentation and a detailed evidence manual.  You will find useful checklists for immediate implementation into your practice.

  • Master the seven methods of impeachment;
  • Define the original documents rule and utilize character traits to your benefit;
  • Revisit the law of evidence in a way that will help you win the evidentiary wars before, during and after trial.

The program includes an analysis of FRE502 and its impact on:

  • Subject matter waiver
  • Inadvertent waivers made during the discovery process, and

The effect of federal court orders on other federal and state court proceedings.

Program Highlights

  • First steps-what to do as soon as an evidence problem arises.
  • The three R’s approach to evidence.
  • Making objections that persuade the judge.
  • Establishing proper foundations for witnesses and exhibits.
  • Nine steps of expert testimony admissibility.
  • Understanding the hearsay/non-hearsay dichotomy.
  • Seven impeachment methods and rehabilitation.

 

Register Here

The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirements of specialists.  This activity may qualify for up to 6.00 hours toward your annual CLE requirement for the State Bar of Arizona, including 1.00 hour of professional responsibility and including 6.0 hours of advanced level training in the area of Criminal Law, Personal Injury and Wrongful Death Law.


About the Speaker:

Thomas A. Mauet

is this generation’s most influential writer in the field of litigation.  He has contributed over three dozen editions of the five best-selling books to the legacy of litigation training in the United States and abroad. He is the Milton O. Riepe Professor of Law and Director of Trial Advocacy at the University of Arizona College of Law in Tucson, AZ.

Mauet’s extensive teaching and writing background is thoughtfully balanced by years of courtroom experience as an Illinois State’s Attorney, as a United States’ Attorney, and in private practice. His expertise in the art of advocacy is internationally recognized.

Mauet has served on the faculties of George Washington University National Law Center, Harvard Law School Trial Advocacy Workshop, and numerous regional and national faculties for the National Institute for Trial Advocacy. Mauet has taught and demonstrated trial techniques throughout North America, New Zealand, and Australia.


Program Agenda

8 am – Registration

8: 45 am – Is it Relevant?
General relevance | Special relevance | Character traits | Other acts | Habit | Policy exclusions | Privileges exclusions

Break @ 10:15 a.m.
Is it Reliable?
Hearsay and non-hearsay | Hearsay exceptions

12 pm –  Lunch on Your Own

1:15 pm
Exceptions- statements | Exceptions- spontaneous statements | Exceptions-records

Is it Right?
Witness competency | Direct examination | Experts-9 steps |Cross-examination |Impeachment-7 methods | Rehabilitation | Exhibits – seven groups | Original documents rule

Break @ 2:45 p.m.

4:30 pm – Adjourn


Register Here

The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirements of specialists.  This activity may qualify for up to 6.00 hours toward your annual CLE requirement for the State Bar of Arizona, including 1.00 hour of professional responsibility and including 6.0 hours of advanced level training in the area of Criminal Law, Personal Injury and Wrongful Death Law.


FREE BONUSES    All seminar registrants will receive THREE (3) BONUS handouts with their registrations!

1. Tom Mauet’s ‘Hidden Gems’ in Evidence Law (13 of them!)

2. Tom Mauet’s Compare & Contrast Federal Rules of Evidence v. Arizona Rules of Evidence viewed under Mauet’s ‘3 R’s’

      ~ Is it Relevant? 3 BIG differences …
      ~ Is it Reliable?  2 BIG Differences …

      ~ Is it Right?       3 BIG Differences …

3. LAMINATED ‘FOUNDATIONS & OBJECTIONS’ REFERENCE GUIDE prepared exclusively by Professor Mauet for CLE West

The reality of practicing law in 2017 is that few lawyers get to court regularly or frequently.  Courtroom anxiety is reduced when you have concise reminders of the essentials of trial evidence from the practitioner – and the judge’s – perspective.