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Law Journal for Social Justice Sandra Day O’Connor College of Law Arizona State University

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Law Journal for Social Justice Sandra Day O’Connor College of Law Arizona State University LAW JOURNAL FOR SOCIAL JUSTICE SANDRA DAY O’CONNOR COLLEGE OF LAW ARIZONA STATE UNIVERSITY Volume 11 Spring 2019 CONTENTS Beyond Impressionistic Analysis: An Empirical Evaluation of 21st Century Non-lawyer Courts .................................................................................. Alisa Smith, PhD, JD 1 Evacuating the Incarcerated: The Intricacies of Keeping Prisoner’s Eighth Amendment Rights Intact During Natural Disasters .............................. Meghan Vumback, JD 57 Eternal Sins: The Case for Extending Statutes of Limitation Regarding Childhood Sexual Abuse Nationwide ................................................................ Katelyn Ringrose, JD 82 Cultural Resources in a Developing World ................................ Alysha Green, JD 95 Law Journal for Social Justice is supported by the Sandra Day O’Connor College of Law at Arizona State University. The Law Journal for Social Justice mailing address is: Law Journal for Social Justice, 111 E. Taylor Street, Phoenix, AZ 85004. The Law Journal for Social Justice Email address is: [email protected]. Subscription: Law Journal for Social Justice is an online journal. Editions are accessible through the URL: http://www.law.asu.edu/ljsj/, and http://www.ljsj.wordpress.com/journal Copyright: © Copyright 2019 by Law Journal for Social Justice. All rights reserved except as otherwise provided. Cite as 11 L. J. SOC. JUST. __ (2019). LAW JOURNAL FOR SOCIAL JUSTICE SANDRA DAY O’CONNOR COLLEGE OF LAW ARIZONA STATE UNIVERSITY Volume 11 Spring 2019 EXECUTIVE BOARD EDITOR-IN-CHIEF Katherine Nelson MANAGING EDITOR Corinne Merdegia SENIOR ARTICLES EDITOR Alysha Green ONLINE MEDIA EDITOR Austin Poe SYMPOSIUM EDITOR Shannon Brien EDITORIAL BOARD ARTICLES EDITORS Victoria Comeaux Ashley Fitzwilliams Verity Kang Kaitlin Secker Kristen Shortley ASSOCIATE EDITORS Nicholas Bustamante Jaren Martineau Pablo Castellanos Lila Mayson Jorge Coss Ortega Mackenzie Moore Brian Cuevas Lily Pederson Paul Davis Earvin Poon Francis Espiritu David Riahi Ashley Fitzgibbons Rachel Richman Brian Garcia Lea Shapiro J. George Nicole Sordello Christina Howden Sam Turner Erin Maher Zachary Weiss Nicole Martin Caroline Witz LAW JOURNAL FOR SOCIAL JUSTICE SANDRA DAY O’CONNOR COLLEGE OF LAW ARIZONA STATE UNIVERSITY Volume 11 Spring 2019 FACULTY ADVISOR Zachary Kramer ARIZONA STATE UNIVERSITY SANDRA DAY O’CONNOR COLLEGE OF LAW FACULTY 2018-2019 MICHAEL M. CROW, B.A., PH. D. Associate Dean for International President of the University Engagement; Associate Professor SYLVESTER, DOUGLAS J., B.A., J.D., of Law LL.M. BRADSHAW, KAREN, B.S, M.B.A., Dean and Professor of Law J.D. ABBOTT, KENNETH, A.B., J.D. Associate Professor of Law Jack E. Brown Chair in Law CALLEROS, CHARLES R., B.A., J.D. ANDERSON, RAYMOND E., B.A., J.D. Alan Matheson Fellow in Law; Professor of Practice Professor of Law BANKS, ANGELA, B.A., MLITT, J.D. CARDINEAU, GUY A., A.B., B.S., Charles J. Merriam Distinguished PH.D. Professor of Law Emeritus Professor of Law BARNES, JENNIFER, B.S., J.D. CARTER, ANDREW, B.A., J.D. Associate Clinical Professor of Clinical Professor of Law Law CHESLER, SUSAN, B.A., J.D. BARTELS, ROBERT D., B.A., J.D. Clinical Professor of Law Emeritus Professor of Law CHODOROW, ADAM, B.A., M.A., BENDER, PAUL, A.B., LL.B J.D., LL.M Professor of Law and Dean Associate Dean for Academic Emeritus Affairs; BERCH, JESSICA, B.A., J.D. Willard H. Pedrick Distinguished Lecturer in Law Research Scholar & Professor of BERCH, MICHAEL A., B.A., J.D. Law Emeritus Professor of Law CLINTON, ROBERT N., B.A., J.D. BODANSKY, DANIEL, B.A., M.PHIL, Foundation Professor of Law J.D. COHEN, JASON, B.A., J.D. Regents’ Professor of Law Clinical Professor of Law BOWMAN, DIANA, B.A., J.D. COORDES, LAURA, B.A., J.D. Associate Professor of Law GROSS, MICHELLE, B.S., J.D. CRUZ, EVELYN H., B.A., J.D. Director, Lisa Foundation Patent Director, Immigration Clinic; Law Clinic; Professor of Practice Clinical Professor of Law GUBLER, ZACHARY, B.A., J.D. DAUBER, M. ROBERT, B.A., J.D. Professor of Law Charles M. Brewer Professor of GUERIN, SANFORD M., B.S., J.D., Trial Advocacy and Clinical LL.M. Professor of Law Emeritus Professor of Law DEMAINE, LINDA, B.A., J.D., M.A., HERRERA, TAMARA, B.A., J.D. PH.D. Clinical Professor of Law Willard H. Pedrick Distinguished HINSHAW, ART, A.B., J.D., LL.M. Research Scholar & Professor of John J. Bouma Fellow in ADR; Law Clinical Professor of Law DRAGNICH, ALYSSA, A.B., J.D. HODGE JR., JAMES, B.S., J.D., LL.M. Associate Clinical Professor of Professor of Public Health Law Law and Ethics ELLMAN, IRA MARK, B.A., M.A., HOLST, KIMBERLY, B.A., MLIS, J.D. J.D. Clinical Professor of Law Emeritus Professor of Law JARVIS, STEPHANIE, B.A., J.D. FELLMETH, AARON X., A.B., M.A., Lecturer in Law J.D. JONES, ABIGAIL, B.A., J.D. Willard H. Pedrick Distinguished Lecturer in Law Research Scholar & Professor of Law KADER, DAVID, B.A., J.D., LL.M. FERGUSON-BOHNEE, PATTY, B.A., Emeritus Professor of Law J.D. KAPPES, JON E., B.S., M.S., J.D. Director, Indian Legal Clinic; Lecturer in Law Clinical Professor of Law KAYE, DAVID, B.A., J.D. FROMHOLZ, JULIA, B.A., J.D. Emeritus Professor of Law Director of the Rule of Law & KITTRIE, ORDE, B.A., J.D. Governance Program; Professor Professor of Law of Practice KRAMER, ZACHARY, B.A., J.D. FURNISH, DALE, A.B., J.D., LL.M. Associate Dean of Faculty; Emeritus Professor of Law Willard H. Pedrick Distinguished GARTNER, DAVID, A.B., J.D., PH.D. Research Scholar & Professor of Professor of Law Law GIBSON, DON, B.A., J.D. KYL, JON, B.A., LL.B. Professor of Practice Professor of Practice GOVER, KEVIN, A.B., J.D. LANGENFELD, AMY, B.A., J.D. Professor of Law Clinical Professor of Law GREY, BETSY, B.A., J.D. LARSON, RHETT, B.A., M.SC., J.D. Jack E. Brown Professor in Law Richard Morrison Fellow in Emeritus Professor of Law Water Law; RULE, TROY, B.S., J.D. Associate Professor of Law Joseph Feller Memorial Chair in LINDQUIST, STEFANIE, B.A., J.D., Law & Sustainability; Professor PH.D. of Law Deputy Provost and Vice SAHANI, VICTORIA, A.B., J.D. President for Academic Affairs; Associate Professor of Law Foundation Professor of Law and SAKS, MICHAEL J., B.S., B.A., Political Science PH.D., M.S.L. LOWENTHAL, GARY, A.B., J.D. Regents’ Professor of Law & Emeritus Professor of Law Professor of Psychology LUNA, ERIK, B.A., J.D. SCHARFF, ERIN, B.A., J.D. Amelia D. Lewis Professor of Associate Professor of Law Constitutional Law SCHROEDER, MILTON R., B.A., J.D. LYNK, MYLES V., A.B., J.D. Emeritus Professor of Law Peter Kiewit Foundation SELLERS, JOSHUA, B.A., M.A., Professor of Law PH.D., J.D. MARCHANT, GARY E., B.SC., PH.D, Associate Professor of Law M.P.P., J.D. SHAH, BIJAL, B.A., M.P.A., J.D. Regents’ Professor of Law Associate Professor of Law MATHESON, ALAN A., B.A., M.S., SIGLER, MARY, B.A., J.D., PH.D. J.D. Lincoln Professor of Law & Emeritus Professor of Law and Ethics Dean Emeritus STANTON, ANN M., B.A., PH.D., J.D. MATSUMURA, KAIPONANEA T., B.S., Emerita Professor of Law J.D. STEVENS, YVONNE, B.A., LL.B, Associate Professor of Law LL.M MENKHUS, ERIC W., B.S.E., M.B.A., Instructor in Law J.D. STINSON, JUDITH M., B.S., J.D. Associate Dean for New Clinical Professor of Law Education Initiatives; Clinical TROTTA, VICTORIA, B.A., J.D. Professor of Law Associate Dean for the Ross- MILLER, ROBERT J., B.S., J.D. Blakley Law Library Professor of Law TUCKER, BONNIE, B.A., J.D. MURPHY, JEFFRIE G., B.A., PH.D. Emerita Professor of Law Regents’ Professor of Law, WEINSTEIN, JAMES, B.A., J.D. Philosophy, & Religious Studies Dan Cracchiolo Chair in NOREUIL, CHAD, B.A., J.D. Constitutional Law Clinical Professor of Law WHITE, MICHAEL, B.A., M.A., PUZAUSKAS, KATHERINE, B.A., J.D. C.PHIL., PH.D. Director, Post-Conviction Clinic Emeritus Professor of Law ROSE, JONATHAN, B.A. LL.B. WILLIAMSON, CLINT, B.A., J.D. Distinguished Professor of Practice WINER, LAURENCE H., B.A., M.A., PH.D., J.D. Emeritus Professor of Law WISSLER, ROSELLE, B.A., J.D. Director of Research, Lodestar Dispute Resolution Program WONG, GLENN, B.A., J.D. Executive Director, Sports Law & Business Program and Distinguished Professor of Practice Editor Introduction The Law Journal for Social Justice’s Symposium, “What’s Next for the Death Penalty?” explored recent developments in death penalty jurisprudence from the perspective of exonerees, defense attorneys, prosecutors, and victim advocates. The symposium opened with keynote speaker Ha’im Sharif, who was exonerated from death row after serving more than twenty-eight years. Next, Larry Hammond moderated a discussion with prosecutors about the decision to seek death in a homicide case. Panelists included Hon. Mike McVey, Deputy Chief of the Maricopa County Attorney’s Office, and Hon. Ron Reinstein, retired judge of the Maricopa County Superior Court. Afterwards, Timothy Agan of the Arizona Justice Project moderated a conversation between victim advocates Dan Levey and Leslie James about victims’ rights in capital cases. Finally, Professor Paul Bender moderated a discussion between defense attorneys Susan Corey, Garrett Simpson, and Mikel Steinfeld about emerging challenges to the death penalty, including the recent United States Supreme Court opinion Hidalgo v. Arizona. Special thanks to our Symposium Editor, Shannon Brien, for her hard work planning and organizing this marvelous event. Our eleventh volume begins with Beyond Impressionistic Analysis: An Empirical Evaluation of 21st Century Non-lawyer Courts.
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