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Increased FAA approval of UAS waivers On Aug 29, 2016, the FAA implemented Part 107 of title 14 of the code of Federal Regulations, also known as the small unmanned aircraft systems UAS rule. It created a regulatory framework that enabled civilian and commercial operators of UAS. UAS weighing 55 lbs. or less. Generally, Part 107 requires operators to fly under 400 feet above ground level, within visual line of sight and only during daylight hours. UAS operators who want to fly outside the requirements of part 107, such as to conduct beyond line of sight or nighttime operations, may…
What are  you doing right now? Are you focusing on reading these words? Do you have an eye on your email, texts, or social media? If you are working from home, are you dealing with your children? Or maybe you are do some combination or all of these activities.  Or are you on the phone?  We all think we can multi-task and do it well, but the truth is we can’t. How many times a day, when you are on the phone, can you hear the keyboard and mouse clicks on the other end of the line?  Are they taking…
Shared Well Agreements in Arizona What are your rights to water that comes from a shared well that is not located on your property? For most people, the answer is in the words written in your well share agreement. The first question to be considered is—which state regulating body grants me the right to access and use groundwater? The Groundwater Management Act “GWMA” of 1980 established that groundwater, is common property of the citizens of Arizona and the management of it was under the Arizona Department of Water Resources, ADWR. All groundwater withdraws in Arizona must come from a water…
For obvious reasons, Arizona Governor Doug Ducey declared a state of emergency on May 31, 2020 which includes a statewide curfew. Whether you agree or disagree with this action by the Governor, it is now law, so it is important to know the facts. Here are some things that you should know. The curfew is likely unconstitutional because it will likely fail to pass strict scrutiny analysis. In short, it is likely too broad, but no one wants to be the person prosecuted who challenges it. The curfew is statewide. This means that any state, county or municipal law enforcement…
In the midst of a Pandemic, COVID-19’s place atop the headlines seemed secure. Then last week, we were all witnesses to George Floyd’s death at the hands of a Minneapolis police officer. There is broad anger at the injustice, the abuse of power, and the plight of another African-American killed in police custody. We are still watching protests across the country; a fuse of rage lit and now exploding. Like many, my thoughts turned to Floyd’s family and their right to receive justice, both criminally and civilly. Criminal charges have already followed for the officer who kneeled on Floyd’s neck…
This post speculates about the future of continuing education programs (CEP) after a brief review of past CEPs.  This is part of a series analyzing what the potential new normal as the current crisis recedes.  The first post includes links to the others in the series. The Old Normal of Continuing Professional Education In the olden days, i.e., up until a few months ago, virtually all continuing education programs, trainings, symposia, and conferences were held in person.  Fuddy-duddies like me were very skeptical that one could conduct a good training without continuous face-to-face interaction.  Occasionally, a speaker would appear by…
Is it possible falling asleep in your vehicle after a night of drinking can sometimes get you charged with driving under the influence in Arizona? In some states, only if there is proof you were actually driving the vehicle while under the influence. However, in Arizona, there are two ways to get a charged with a DUI: Driving while impaired to the slightest degree or over a .08 Being in actual physical control of a motor vehicle while you are impaired to the slightest degree or over a .08 So being caught sleeping or “behind the wheel” in a car…
Each week, the Appellate Advocacy Blog Weekly Roundup presents a few tidbits of news and Twitter posts from the past week concerning appellate advocacy. As always, if you see something during the week that you think we should be sure to include, feel free to send a quick note to either (1) Dan Real at [email protected] or on Twitter @Daniel_L_Real or (2) Catharine Du Bois at [email protected] or on Twitter @CLDLegalWriting. US Supreme Court Opinions and News The Supreme Court unanimously ruled that Sudan must pay the over-$10 billion judgement awarded to the victims of the 1998 al-Qaeda bombing…
My colleague, Prof. Susie Salmon, recently started a podcast called Practice in Place:  Law and Justice Go Viral.  You can find the first episode here.  The premise of the podcast is as follows: [H]ow does a profession governed by precedent respond to the unprecedented? Practice in Place investigates how the practice of law and the administration of justice have adapted under the abrupt constraints of the COVID-19 era, how that has affected how and whether we achieve justice, and how those changes and that experience might or should change the practice, the profession, and its procedures forever. Produced by…
Recently, I was reading some articles about added sugar in our diets.  Most added sugar comes from processed foods and is already in the box or the jar before we bring it home from the store.  Dieticians and nutritionists recommend we review product labels before purchase as an aid to reducing sugar intake.  When I actually read some of the nutrition labels, I was surprised to see how many showed sugar was a substantial addition to the product. I also discovered that fruit juices and even some fruits were significant sources of added sugar in the diet.  Grapes were a…
It is an undeniable fact that the current COVID-19 pandemic has, in one way or another, had an impact on the day to day lives of each living in the US. Generally, dealing with DUI charges is a lengthy, complicated, and often stressful process to go through. We find our clients are usually scared, embarrassed, and want it to go away as quickly as possible. Now with the daily updates and new restrictions put in place, we find many of our clients are wondering how will this affect my DUI case? The Impact of Coronavirus on the Length of my…
Arizona state law and Arizona case law are clear that eviction cases, also known as, Forcible Entry and/or Forcible detainers) are designed to only address the issue of possession and not any issues addressing the ownership of the property involved. The limited scope of a forcible entry and detainer action has been strictly defined by Arizona statute. A.R.S. § 12-1177(A) states in relevant part: On the trial of an action of Forcible Entry or Forcible Detainer, the only issue shall be the right of actual possession and the merits of title shall not be inquired into. Evidence offered to the…