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SPRING 2014 Published by Arizona Summit Law School Phoenix, Arizo __________________________________________________________ VOLUME 3 SPRING 2014 NUMBER 1 Published by Arizona Summit Law School Phoenix, Arizona 85004 \\jciprod01\productn\p\PHA\3-1\front301.txt unknown Seq: 1 6-OCT-14 12:49 Published by Accord, A Legal Journal for Practitioners, Arizona Summit Law Review, Arizona Summit Law School, 1 North Central Avenue, Phoenix, Arizona 85004. Accord, A Legal Journal for Practitioners, Arizona Summit Law Review welcomes the submission of manuscripts on any legal topic and from all mem- bers of the legal community. Submissions can be made via ExpressO at http:// law.bepress.com/expresso, via e-mail to [email protected], or via pos- tal service to: Editor-in-Chief Accord, A Legal Journal for Practitioners, Arizona Summit Law Review Arizona Summit Law School 1 North Central Avenue Phoenix, Arizona 85004 We regret that manuscripts cannot be returned. All submissions should conform to the rules of citation contained in the most recent edition of The Bluebook: A Uniform System of Citation, published by the Harvard Law Review Association. Accord, Arizona Summit Law Review is published on a rolling basis by the Arizona Summit Law School. Subscription rates to our sister journal, Arizona Summit Law Review, are $50.00 per year for United States addresses and $64.00 per year for addresses in other countries. Subscriptions are renewed automatically unless notice to cancel is received. Subscriptions may be discon- tinued only at the expiration of the current volume. Direct all communications to the Editor-in-Chief at the address given above. Copyright © 2014 by Accord, Arizona Summit Law Review on all articles, comments, and notes, unless otherwise expressly indicated. Accord, Arizona Summit Law Review grants permission for copies of articles, comments, and notes on which it holds a copyright to be made and used by nonprofit educa- tional institutions, provided that the author and Accord, Arizona Summit Law Review are identified and proper notice is affixed to each copy. All other rights reserved. Copyright © 2014 by Accord, Arizona Summit Law Review. Cite as: Citation forthcoming. \\jciprod01\productn\p\PHA\3-1\front301.txt unknown Seq: 2 6-OCT-14 12:49 ARIZONA SUMMIT LAW REVIEW ORDER FORM MAIL FAX Arizona Summit Law Review Arizona Summit Law Review Attn: Editor-in-Chief Attn: Editor-in-Chief 1 N. Central Ave. (602) 682-6865 (voice) Phoenix, Arizona 85004 (602) 682-6999 (fax) E-mail: [email protected] Quantity Please place my order for: Subscription(s) to the Arizona Summit Law Review at $50.00 per subscription for U.S. addresses. Subscription(s) to the Arizona Summit Law Review at $64.00 per subscription for non-U.S. addresses. Single (previously published) issues at $25.00 each. Current or new subscribers may order single issues at $20.00 per book. Please include volume and number . Payment enclosed Bill me Name Firm/Institution Address City State Zip Signature Tel. () E-mail \\jciprod01\productn\p\PHA\3-1\front301.txt unknown Seq: 3 6-OCT-14 12:49 ACCORD, A Legal Journal for Practitioners Copyright © 2014 Phoenix Law Review CONTENTS ARTICLES AND COMMENTS FROM PRACTITIONERS REACHING THE END OF OUR ROPE? AN APPRAISAL OF THE MOVEMENT TO LEGALIZE INDUSTRIAL HEMP ................ Michael D. Moberly 1 and Charitie L. Hartsig GUNS, VIOLENCE, AND SCHOOLS: POLICIES TO PREVENT AND RESPOND TO SCHOOL SHOOTINGS ....................Mark Velez 43 REFORMING A VISA TO SNITCH: THE CASE FOR SELF-PETITIONING .....................Prerna Lal 63 ACCORD CASE BRIEFS OUTSTANDING STUDENT ARTICLES AND COMMENTS LIFE, LIBERTY, AND PROPERTY—EXCEPT IF YOU KILL YOUR SPOUSE: A DISCUSSION OF THE RECENT ADDITION TO THE ARIZONA SLAYER STATUTE ................. Michael Westerberg, 91 Arizona Summit Law School SEARCHING SMARTPHONES INCIDENT TO AN ARREST .................................. Vikram Iyengar, 115 Stanford Law School \\jciprod01\productn\p\PHA\3-1\front301.txt unknown Seq: 4 6-OCT-14 12:49 LAST CALL FOR ALCOHOL . YOU DON’T HAVE TO GO HOME, BUT YOU CAN’T STAY HERE: PROBLEMS AND SOLUTIONS FOR ARIZONA’S BEVERAGE SERVICE POLICIES ..........................Ed Perez, 121 Arizona Summit Law School DEPORTATION PROCEEDINGS: WHY TEXAS COURTS SHOULD ABANDON CHAIDEZ AND APPLY PADILLA RETROACTIVELY .......................Amir Tavakkoli, 149 Thurgood Marshall School of Law OBAMA’S CONGRESSIONAL GAMBLE: THE CALL FOR AN INTERNATIONAL RED LINE ..................................Janae A. Perry-Meier, 167 Arizona Summit Law School ACCORD 2013 LEGISLATIVE UPDATE SPECIAL COMPILATIONS ALL EYES AND EARS ON TJ: A COLLECTION OF VIDEOS AND AUDIOS RELATING TO THERAPEUTIC JURISPRUDENCE .....................David Wexler 209 WATER ACCESS RIGHTS: CITY OF TOMBSTONE V. USA, ET AL ................ Peter Appel, 219 Nick Dranias, Dean A. Reuter \\jciprod01\productn\p\PHA\3-1\front301.txt unknown Seq: 5 6-OCT-14 12:49 ACCORD, A Legal Journal for Practitioners VOLUME 3SPRING 2014 NUMBER 1 EXECUTIVE BOARD EDITOR-IN-CHIEF KIMBERLY D. O’BANNER EXECUTIVE MANAGING EXECUTIVE MANAGING EXECUTIVE MANAGING EDITOR–SOCIAL MEDIA/COMP EDITOR–ACCORD EDITOR–CRIMINAL LAW ISSUES JASON H. FORCIER PROCEDURE AND ARIZONA NICHOLE GALUSHA-TROICKE ISSUE KELLY-ANN WEIMAR EXECUTIVE TECHNICAL EXECUTIVE STUDENT EXECUTIVE ARTICLES EDITOR SCHOLARSHIP EDITOR EDITOR STEPHANIE PITEL REINA GARRETT TIMOTHY HINTZE MANAGING BOARD VICE-MANAGING EDITOR,VICE-MANAGING EDITOR,VICE-MANAGING EDITOR, SOCIAL MEDIA/ COMP ACCORD CRIMINAL PROCEDURE AND LAW ISSUES MICHAEL TROWBRIDGE ARIZONA ISSUE JOHN SHEILS ISABELLA PORTER KALEIGH MCCAMMAN PUBLICATION EDITOR, SOCIAL PUBLICATION EDITOR,MARKETING & EVENTS MEDIA/ COMP LAW ISSUES ACCORD EDITOR JOSEPH M. RHOADES MICHAEL TROWBRIDGE CANDACE RUETSCH DAVID KEYS-NUNES ARTICLES EDITORS TECHNICAL EDITORS STUDENT SCHOLARSHIP OTTO HINKS STEPHANIE NATE EDITORS ANDREA M. HILL CAROLYN GRAY SCOTT C. HODGES CAMBRIA QUEEN MATTHEW FUSCO GAVIN PAUL JANAE PERRY-MEIER REGINA GARRETT LORI RUSH MICHAEL WESTERBERG SENIOR TECHNOLOGY EDITOR ADMINISTRATIVE ASSISTANT LEGAL RESEARCH ADVISORS ERIKA SPARKS DANA M. BOXMEYER LYNN ANDERSON FACULTY ADVISOR HON. MICHAEL D. JONES (RET.) \\jciprod01\productn\p\PHA\3-1\front301.txt unknown Seq: 6 6-OCT-14 12:49 \\jciprod01\productn\p\PHA\3-1\front301.txt unknown Seq: 7 6-OCT-14 12:49 ACCORD, A Legal Journal for Practitioners VOLUME 3SPRING 2014 NUMBER 1 MANAGING EDITOR— ACCORD JASON H. FORCIER VICE MANAGING EDITOR MICHAEL TROWBRIDGE ISABELLA PORTER PUBLICATION EDITOR MICHAEL TROWBRIDGE DAVID KEYS-NUNES EXECUTIVE TECHNICAL EDITOR EXECUTIVE ARTICLES EDITOR STEPHANIE PITEL TIMOTHY HINTZE TECHNICAL EDITORS ARTICLES EDITORS STEPHANIE NATE OTTO HINKS CAROLYN GRAY ANDREA M. HILL MATTHEW FUSCO CAMBRIA QUEEN REGINA GARRETT JANAE PERRY-MEIER FACULTY ADVISOR HON. MICHAEL D. JONES (RET.) \\jciprod01\productn\p\PHA\3-1\front301.txt unknown Seq: 8 6-OCT-14 12:49 \\jciprod01\productn\p\PHA\3-1\front301.txt unknown Seq: 9 6-OCT-14 12:49 ACCORD, A Legal Journal for Practitioners VOLUME 3SPRING 2014 NUMBER 1 TEAM LEADERS ROSA TORRES SHALLON COUNTS MICHAEL HERRIN ROBERT MOSS JARED ROBINSON KABINA “LAETICIA” MUKALA TAMARA SAWYER STAFF EDITORS ABELARDO ZAZUETA JONATHAN SCHWAB ALAN MAMOOD KATELYN COOK ALAN MOOSHEKH KELLY HODGE ALEJANDRO BARRIENTOS BORJAS KIRA LALIBERTE AMBER LEE GREEN LAUREN MORGAN AMY WILSON LIZA GARCIA APRIL ZIMMERMAN LORI RICHART BLAKE CORMIE LYNDA WEATHERFORD BRITANY SIFONTES MARIA BELTRAN CATHERINE FRANK MATTHEW HANSEN CHLOE HENNICK MELISSA BENSON CHRISTOPHER BENDAU MICHAEL COLLINS DAVID KEYS-NUNES MICHAEL TROWBRIDGE DAVID ROBINSON MONALI AMIN DAVID TIMCHAK NICHOLAS ILLARIO DWAYNE BURNS PAOLA TINOCO HALEY HARRIGAN PATRICIA GRANT JACQUELINE YOUNG RACHEL DENNING JEANA HALLOCK REBECCA SUTTON JEFFREY KNOLL RUBEN NEVAREZ JESSICA CADAVID TARA GIRALO JOHN STRADER THOMAS DORSEY JANELLE ADDY THOMAS KREPITCH JOHN-CHARLES LAW S VINCENT MATTIOLI \\jciprod01\productn\p\PHA\3-1\front301.txt unknown Seq: 10 6-OCT-14 12:49 \\jciprod01\productn\p\PHA\3-1\front301.txt unknown Seq: 11 6-OCT-14 12:49 ARIZONA SUMMIT LAW SCHOOL FACULTY Shirley Mays, B.A., J.D., Dean and Professor of Law Hon. Penny Willrich (Ret.), B.A., J.D., M.S., Associate Dean of Academic Affairs and Professor of Law Keith Swisher, B.S., J.D., LL.M., Associate Dean of Faculty Development and Assistant Professor of Law Maria L. Bahr, B.A., J.D., Assistant Professor of Law and Assistant Program Director of General Practice Skills Francine Banner, B.A., J.D., Ph.D., Professor of Law Barbara M. Burke, B.A., J.D., Visiting Professor of Law Theresa Burnham, B.A., M.S., J.D., Assistant Professor of Law McKay Cunningham, B.A., J.D., Associate Professor of Law Hon. Dave Cole, (Ret.) B.A., J.D., Associate Professor of Law Susan Daicoff, J.D., LL.M., M.S., Professor of Law Suzanne Dohrer, B.A., J.D., Assistant Professor of Law Laura Dooley, B.A., J.D., Visiting Professor of Law Stacey Dowdell, B.A., J.D., Assistant Professor of Law Sandra Durant, B.A., J.D., Assistant Professor of Law Daniel J. Dye, B.S., J.D., Associate Professor of Law Mitchell Fleischmann, B.S., J.D., Assistant Professor of Law Brigham Fordham, B.A., J.D., Assistant Professor of Law Hon. Stephen A. Gerst (Ret.), B.A., J.D., Professor of Law and Program Director of General Practice Skills Steven Gonzales, B.A., J.D., Associate Professor of Law and Director of Experiential Learning Mary Dolores Guerra, B.A., J.D., Assistant Professor of Law Betsy Hollingsworth, B.A., J.D., Director of Clinical Program and Doctrinal Ilya A. Iussa, B.A., J.D., Associate Professor of Law Jalila Jefferson-Bullock, B.A., J.D., Assistant Professor of
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