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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, P.O. Box 877906, 1100 S. McAllister Ave., Tempe, AZ 85287. The Law Journal for Social Justice email address is: [email protected]. Subscription: Law Journal for Social Justice is currently an online journal. Editions are accessible through the URL: http://www.law.asu.edu/ljsj/. Copyright: © Copyright 2011 by Law Journal for Social Justice. All rights reserved except as otherwise provided. Citation: Cite as: ARIZ. ST. L. J. SOC. JUST. LAW JOURNAL FOR SOCIAL JUSTICE SANDRA DAY O’CONNOR COLLEGE OF LAW ARIZONA STATE UNIVERSITY Volume 1 Spring 2011 Number 1 LIBERTY AND JUSTICE FOR SOME? A SYMPOSIUM ON RECENT ARIZONA LEGISLATION EDITORIAL STAFF Editors-in-Chief Melissa Dempsey Joaquin Rios Executive Articles Editors Executive Managing Editor Executive Business Manager Salim Adel Shleef Jamaar Williams Tarah White Sarah Ella Spears Executive Production Editor Community Outreach Manager Symposium Editor Adam Jay Schwartz Ayensa Millan Rikke Liska Managing Editors Associate Production Editor Mykil Bachoian Articles Editors Nicholas Chapman-Hushek Jennis Hemingway Jack Escobar Anne Kaufman Christopher Forbes Associate Business Editor Timothy Koch Rebecca Krieger Derek Pratt Jason Rodman Ashley Meyer Lara Rhodes Associate Editors Stephen Bridger John Gaylord Kevin Heade Christine Jones Emily Jurmu Adriana Ovalle Amy Owen Eric Ruchensky Anabel Sanchez Leah Schachar Carl Segerblom Jeffery Silence Jana Weltzin Keili Young Faculty Advisor Faculty Advisor Zachary Kramer Jon M. Sands Arizona State University Sandra Day O’Connor College of Law Faculty 2010-2011 MICHAEL M. CROW, B.A., PH.D. LINDA DEMAINE, B.A., J.D., M.A., PH.D. President of the University Professor of Law, Affiliate Professor of PAUL SCHIFF BERMAN, J.D. Psychology, Director, Law & Psychology Graduate; Dean and Foundation Professor of Law Program, and Faculty Fellow, Center for the Study of KENNETH W. ABBOTT, A.B., J.D. Law, Science, and Innovation Willard H. Pedrick Distinguished Research LAURA DICKINSON, A.B., J.D. Scholar, Professor of Law and Professor of Global Foundation Professor of Law, Faculty Director, Studies; Faculty Fellow, Center for the Study of Law, Center on Transnational Law and Regulatory Science & Innovation Governance Carl Artman, M.B.A., J.D., LL.M. IRA MARK ELLMAN, B.A., M.A., J.D. Professor of Practice Willard H. Pedrick Distinguished Research ANDREW ASKLAND, B.A., PH. D., J.D. Scholar & Professor of Law; Director and Faculty Fellow, Center for the Faculty Fellow, Center for the Study of Law, Science, Study of Law, Science, & Innovation; Lecturer in Law & Innovation CHRISTOPHER BAIER, B.S., J.D. JOSEPH M. FELLER, B.A., PH.D., J.D. Assistant Dean of Institutional Operations, Professor of Law and Faculty Fellow, Center Lecturer for the Study of Law, Science, & Innovation JENNIFER BARNES, B.S., J.D. AARON X. FELLMETH, A.B., M.A., J.D. Director, Clinical Program; Director of the Professor of Law; Faculty Fellow, Center for Civil Justice Clinic; Director of the Externship the Study of Law, Program Science, and Innovation; Faculty Fellow, Center for ROBERT D. BARTELS, B.A., J.D. Law and Global Affairs Charles M. Brewer Professor of Trial Advocacy PATRICIA FERGUSON-BOHNEE, B.A., J.D. PAUL BENDER, A.B., LL.B. Associate Clinical Professor of Law and Professor of Law & Dean Emeritus Director Indian Legal Clinic MICHAEL A. BERCH, B.A., J.D. DALE BECK FURNISH, A.B., J.D., LL.M. Alan A. Matheson Distinguished Senior Emeritus Professor of Law Professor of Law JOEL GARREAU, GARY L. BIRNBAUM, B.A., J.D. Lincoln Professor of Law, Culture and Values Associate Dean for Graduate Studies and DAVID GARTNER, J.D., PH.D. Program Development Associate Professor DANIEL BODANSKY, A.B., J.D. KEVIN GOVER, A.B., J.D. Lincoln Professor of Law, Ethics & Professor of Law and Affiliate Professor, Sustainability; Affiliate Faculty Member, American Indian Studies Center for Law and Global Affairs AMANDEEP GREWAL, J.D., L.L.M. SARAH BUEL, B.A., J.D. Visiting Assistant Professor of Law Clinical Professor and Director, Diane Halle BETSY GREY, B.A., J.D. Center for Family Justice Professor of Law and Faculty Fellow, Center CHARLES R. CALLEROS, B.A., J.D. for the Study of Law, Science, & Innovation Professor of Law SANFORD M. GUERIN, B.S., J.D., LL.M. SUSAN CHESLER, B.A., J.D. Professor of Law Emeritus Associate Clinical Professor of Legal Writing KIMBERLY HOLST, B.A., J.D. ADAM CHODOROW, B.A., M.A., J.D., LL.M. Associate Clinical Professor Professor of Law and Faculty Fellow, Center TAMARA HERRERA, B.A., J.D. for the Study of Law, Science, and Innovation Clinical Professor of Law ROBERT N. CLINTON, B.A., J.D. CARISSA BYRNE HESSICK, B.A., J.D. Foundation Professor of Law and Affiliate Associate Professor of Law Professor, American Indian Studies Program; Faculty F. ANDREW HESSICK, B.A., J.D. Fellow, Center for Law, Science & Innovation Associate Professor of Law EVELYN H. CRUZ, B.A., J.D. ART HINSHAW, A.B., J.D., LL.M. Associate Clinical Professor and Director, Director of the Lodestar Dispute Resolution Immigration Law and Policy Clinic Program & Clinical Professor of Law SELWYN L. DALLYN, B.A., J.D. JAMES G. HODGE JR., B.S., J.D, LL.M. Clinical Professor of Law Professor of Law M. ROBERT DAUBER, B.A., J.D. DAVID KADER, B.A., J.D., LL.M. Clinical Professor of Law Professor of Law BETH DIFELICE, M.L.S., J.D. Marcy Karin, B.A., J.D., LL.M. Assistant Director, Ross-Blakley Law Library, Associate Clinical Professor & Director of the Lecturer Work/Life Policy Unit, Civil Justice Clinic Arizona State University Sandra Day O’Connor College of Law Faculty 2010-2011 DENNIS S. KARJALA, B.S.E., M.S., PH.D., J.D. MILTON R. SCHROEDER, B.A., J.D. Jack E. Brown Chair, Professor of Law and Professor of Law Faculty Fellow, Center for the Study of Law, Science, MARY SIGLER, B.A., J.D., PH.D. & Innovation Professor of Law ORDE KITTRIE, B.A., J.D. CARRIE B. SPERLING, B.A., J.D. Professor of Law and Faculty Fellow, Center Associate Clinical Professor for the Study of Law, Science, and Innovation ANN M. STANTON, B.A., PH.D., J.D. MARJORIE KORNHAUSER, B.A., M.ED., J.D. Professor of Law and Faculty Fellow, Center Professor of Law for the Study of Law, Science, & Innovation ZACHARY KRAMER, B.A., J.D. JUDITH M. STINSON, B.S., J.D. Associate Professor of Law Clinical Professor of Law and Director, Legal AMY LANGENFELD, B.A., J.D. Method & Writing Program Associate Clinical Professor of Law DOUGLAS J. SYLVESTER, B.A., J.D., LL.M. GARY T. LOWENTHAL, A.B., J.D. Associate Dean for Faculty Research & Emeritus Professor of Law Development; Professor and Faculty Fellow, Center MYLES V. LYNK, A.B., J.D. for the Study of Law, Science, & Innovation Kiewit Foundation Prof. of Law and the Legal VICTORIA TROTTA, B.A., J.D. Profession, and Faculty Fellow, Center for the Study Associate Dean of Information Innovation and of Law, Science, & Innovation Director of the Ross-Blakley Law Library GARY E. MARCHANT, B.SC, PH.D. M.P.P., J.D. REBECCA TSOSIE, B.A., J.D. Lincoln Professor of Emerging Technologies, Professor of Law; Willard H.Pedrick Law, & Ethics; Professor of Life Sciences, Executive Distinguished Research Scholar; Executive Director, Director and Faculty Fellow, Center for the Study of Indian Legal Program: Faculty Fellow, Center for the Law, Science, & Innovation Study of Law, Science & Innovation, and Affiliate ALAN A. MATHESON, B.A., M.S., J.D. Professor American Indian Studies Emeritus Professor of Law and Dean Emeritus JAMES WEINSTEIN, B.A., J.D. KRISTIN MAYES, B.A., J.D. Amelia Lewis Professor of Constitutional Law; Professor of Practice; Faculty Director, Faculty Fellow, Center for Law, Science & Innovation Program on Law & Sustainability MICHAEL J. WHITE, B.A., M.A., PH.D. ERIC W. MENKHUS, B.S.E., M.B.A., J.D. Professor of Law and Professor of Philosophy Clinical Professor of Law; Faculty Fellow, LAURENCE H. WINER, B.A., M.A., PH.D., J.D. Center for Law, Science & Innovation; Director, Professor of Law and Faculty Fellow, Center Innovation Advancement Program for the Study of Law, Science, & Innovation JEFFRIE G. MURPHY, B.A., PH.D. ROSELLE WISSLER, B.A., M.A., PH.D. Regents’ Professor of Law, Philosophy, and Director of Research, Lodestar Dispute Religious Studies Resolution Program and Faculty Fellow, Center for CHAD NOREUIL, B.A., J.D. the Study of Law, Science, & Innovation Clinical Professor of Law CATHERINE GAGE O’GRADY, B.A., J.D. Associate Dean for Clinical Affairs and the Profession, and Professor of Law SIGMUND POPKO, B.A., J.D. Clinical Professor of Law JONATHAN ROSE, B.A., LL.B. Willard H.Pedrick Distinguished Research Scholar, Professor of Law and Faculty Fellow, Center for the Study of Law, Science, & Innovation CORIE ROSEN, B.A., J.D. Permanent Instructor in Law and Director of Academic Support Program DANIEL ROTHENBERG, B.A., M.A., A.B.D. Professor of Practice; Executive Director, Center for Law & Global Affairs MICHAEL J. SAKS, B.S., B.A., PH.D., M.S.L. Regent’s Professor of Law, Professor of Psychology; and Faculty Fellow, Center for the Study of Law, Science, & Innovation GEORGE SCHATZKI, A.B., LL.M. Emeritus Professor of Law LAW JOURNAL FOR SOCIAL JUSTICE SANDRA DAY O’CONNOR COLLEGE OF LAW ARIZONA STATE UNIVERSITY Volume 1 Spring 2011 Number 1 LIBERTY AND JUSTICE FOR SOME? A SYMPOSIUM ON RECENT ARIZONA LEGISLATION FOREWORD Foreword .

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