The Supremacy Clause v. S.B. 1070: Can Arizona’s Strict Illegal Immigration Law Withstand Constitutional Challenge?

Michael Carroll, Executive Editor, Albany Government Law Review Member

Introduction

            Trackers searching for Rob Krentz could not locate him using a thermal imager.  His body was too cold.  Rob Krentz was dead.[1]

            Mr. Krentz was a member of “one of the best-known and oldest ranching families . . . in southeast Arizona.”[2]  On March 27, 2010, he was found dead on his 35,000 acre ranch after suffering fatal gunshot wounds.[3]  Prior to his death, Mr. Krentz was riding around his property in an all-terrain vehicle when he radioed to his brother that he “was aiding someone he believed to be an illegal immigrant.”[4]  Presently, the authorities are unsure who killed Mr. Krentz.[5]  However, because of the “radio transmission . . . and heavy drug and illegal immigrant trafficking in that area,” it is widely suspected that Mr. Krentz was killed by a cross border drug smuggler or human trafficker.[6]

            Prior to Mr. Krentz’s death, the Support Our Law Enforcement and Safe Neighborhoods Act (S.B. 1070) was introduced into the Arizona State Legislature.[7]  This strict immigration measure was initiated largely “because border authorities [in Arizona] arrest more people and seize more drugs than . . . any other state.”[8]  After Mr. Krentz’s death, he became the “face” of the Arizona immigration debate.[9]  Some politicians even pushed to name S.B. 1070 the “Rob Krentz law.”[10]  In fact, one month after Mr. Krentz’s mysterious death, Arizona Governor Jan Brewer signed S.B. 1070 into law.

            Following the passage of S.B. 1070, Hispanic families throughout Arizona have felt uneasy about living and working in the state.[11]  For example, Manuela Quintana and her husband lived in Phoenix for fifteen years.[12]  All of their children are American citizens because they were born in the United States.[13]  Both Manuela and her husband are illegal immigrants.[14]  They fear that S.B. 1070 will lead to their imprisonment, and therefore, separation from their children.[15]  Because of these fears, the Quintana family packed all of their belongings and decided to move to Colorado, a state with less stringent immigration regulations.[16]  Before making this trip, Manuela spoke to a reporter and reaffirmed her belief that although she traveled to the United States illegally, she was not a criminal.  She stated, “‘a criminal is someone who kills . . . I just want to work.’”[17]

Continue reading “The Supremacy Clause v. S.B. 1070: Can Arizona’s Strict Illegal Immigration Law Withstand Constitutional Challenge?”

American Needle, Inc. v. National Football League et al.: Should the NFL Be Considered a Single Entity?

Adriana S. de Armas, Managing Editor For Tech. & Dev., Albany Government Law Review Member

            On January 13, 2010, the United States Supreme Court heard oral arguments in the American Needle v. National Football League case.[1]  The two questions presented to the Supreme Court were:[2]

(1) Are the NFL and its member teams a single entity that is exempt from rule of reason claims under [§ 1] of the Sherman Act[3] [hereinafter § 1] simply because they cooperate in the joint production of NFL football games, without regard to their competing economic interests, their ability to control their own economic decisions, or their ability to compete with each other and the league? 

(2) Is the agreement of the NFL teams among themselves and with Reebok International, pursuant to which the teams agreed not to compete with each other in the licensing and sale of consumer headwear and clothing decorated with the teams’ respective logos and trademarks, and not to permit any licenses to be granted to Reebok’s competitors for a period of ten years, subject to a rule of reason claim under [§ 1] of the Sherman Act, where the teams own and control the use of their separate logos and trademarks and, but for their agreement not to, could compete with each other in the licensing and sale of Team Products?[4]

Continue reading “American Needle, Inc. v. National Football League et al.: Should the NFL Be Considered a Single Entity?”