Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Articles 31 - 60 of 293

Full-Text Articles in Entire DC Network

Standing For Congressional Parties: Matching Injuries With Institutions, Branden Lewiston Apr 2018

Standing For Congressional Parties: Matching Injuries With Institutions, Branden Lewiston

University of Arkansas at Little Rock Law Review

No abstract provided.


A Penny For Your Thoughts: Free Speech And Paying Fines With Coins, Peter C. Alexander Apr 2018

A Penny For Your Thoughts: Free Speech And Paying Fines With Coins, Peter C. Alexander

University of Arkansas at Little Rock Law Review

No abstract provided.


Preventing Presidential Disability Within The Existing Framework Of The Twenty-Fifth Amendment, Ryan T. Harding Oct 2017

Preventing Presidential Disability Within The Existing Framework Of The Twenty-Fifth Amendment, Ryan T. Harding

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—Why Amending The Consitution To Overrule Citizens United Is The Wrong Way To Fix Campaign Finance In The United States, Zachary Hale Jul 2017

Constitutional Law—Why Amending The Consitution To Overrule Citizens United Is The Wrong Way To Fix Campaign Finance In The United States, Zachary Hale

University of Arkansas at Little Rock Law Review

No abstract provided.


Generation Gaps And Ties That Bind: Constitutional Commitments And The Framers' Bequest Of Unamendable Provisions, George Mader Jan 2017

Generation Gaps And Ties That Bind: Constitutional Commitments And The Framers' Bequest Of Unamendable Provisions, George Mader

Faculty Scholarship

“We the People.” That phrase conjures a vision of present-day U.S. citizens taking part of a continuous enterprise of constitutional development, each succeeding generation stepping into the shoes of those who framed and ratified the Constitution and, as the new performer in the role of “We the People,” reinterpreting a centuries-old role. Like those who created the role, we have power to modify the Constitution. But is each succeeding generation really allowed the same creative and expressive power to alter the role, to amend the Constitution?

The subject of this Article, in general, is the relationship between “We the People,” …


Constitutional Law—Fourth Amendment Search And Seizure—We've Got Ourselves In A Pickle: The Supreme Court Of Arkansas's Recent Expansion Of Fourht Amendment Rights May Have Unintended Consequences. Pickle V. State, 2015 Ark. 286, 466 S.W. 3d 410, Ben Honaker Jan 2017

Constitutional Law—Fourth Amendment Search And Seizure—We've Got Ourselves In A Pickle: The Supreme Court Of Arkansas's Recent Expansion Of Fourht Amendment Rights May Have Unintended Consequences. Pickle V. State, 2015 Ark. 286, 466 S.W. 3d 410, Ben Honaker

University of Arkansas at Little Rock Law Review

No abstract provided.


The First Amendment And The Police In The Digital Age, Kermit V. Lipez Oct 2016

The First Amendment And The Police In The Digital Age, Kermit V. Lipez

The Journal of Appellate Practice and Process

No abstract provided.


Constitutional Law—Extraditing The Foreign Fugitive: Disentitlement In Civil Forfeiture, United States V. All Assets Listed In Attachment A, 89 F. Supp. 3d 817 (E.D. Va. 2015), Nicole Murray Oct 2016

Constitutional Law—Extraditing The Foreign Fugitive: Disentitlement In Civil Forfeiture, United States V. All Assets Listed In Attachment A, 89 F. Supp. 3d 817 (E.D. Va. 2015), Nicole Murray

University of Arkansas at Little Rock Law Review

No abstract provided.


Private Prisons And The New Marketplace For Crime, André Douglas Pond Cummings, Adam Lamparello Jun 2016

Private Prisons And The New Marketplace For Crime, André Douglas Pond Cummings, Adam Lamparello

Faculty Scholarship

A saner and safer prison policy in the United States begins by ending the scourge of the private prison corporation and returning crime and punishment to public function. We continue by radically reimagining our sentencing policies and reducing them significantly for non-violent crimes. We end the War on Drugs, once and for all, and completely reconfigure our drug and prison policy by legalizing and regulating marijuana use and providing health services to addicts of harder drugs and using prison for only violent drug kingpins and cartel bosses. We stop the current criminalization of immigration in its tracks and block the …


A Supreme Court Homecoming, George S. Isaacson Apr 2016

A Supreme Court Homecoming, George S. Isaacson

The Journal of Appellate Practice and Process

No abstract provided.


Constitutional Law—Fourth Amendment And Seizures— Accidental Seizures By Deadly Force: Who Is Seized During A Police Shootout? Plumhoff V. Rickard, 134 S. Ct. 2012 (2014)., Adam D. Franks Apr 2016

Constitutional Law—Fourth Amendment And Seizures— Accidental Seizures By Deadly Force: Who Is Seized During A Police Shootout? Plumhoff V. Rickard, 134 S. Ct. 2012 (2014)., Adam D. Franks

University of Arkansas at Little Rock Law Review

No abstract provided.


Dissecting The Hybrid Rights Exception: Should It Be Expanded Or Rejected?, David H. Hudson Jr., Emily H. Harvey Apr 2016

Dissecting The Hybrid Rights Exception: Should It Be Expanded Or Rejected?, David H. Hudson Jr., Emily H. Harvey

University of Arkansas at Little Rock Law Review

No abstract provided.


Binding Authority: Unamendability In The United States Constitution–A Textual And Historical Analysis, George Mader Jan 2016

Binding Authority: Unamendability In The United States Constitution–A Textual And Historical Analysis, George Mader

Faculty Scholarship

We think of constitutional provisions as having contingent permanence—they are effective today and, barring amendment, tomorrow and the day after and so on until superseded by amendment. Once superseded, a provision is void. But are there exceptions to this default state of contingent permanence? Are there any provisions in the current United States Constitution that cannot be superseded by amendment—that are unamendable? And could a future amendment make itself or some portion of the existing Constitution unamendable?

Commentators investigating limits on constitutional amendment frequently focus on limits imposed by natural law, the democratic underpinnings of our nation, or some other …


The Foreign Intelligence Surveillance Act And The Separation Of Powers, Scott A. Boykin Oct 2015

The Foreign Intelligence Surveillance Act And The Separation Of Powers, Scott A. Boykin

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—Fourth Amendment—State V. Allen: An Effective Alternative To Unconstitutional "Safety Checks" On The State’S Waters, Christian Harrod Oct 2015

Constitutional Law—Fourth Amendment—State V. Allen: An Effective Alternative To Unconstitutional "Safety Checks" On The State’S Waters, Christian Harrod

University of Arkansas at Little Rock Law Review

No abstract provided.


George Washington. Elena Kagan, And The Town Of Greece, New York: The First Amendment And Religious Minorities, Kermit V. Lipez Apr 2015

George Washington. Elena Kagan, And The Town Of Greece, New York: The First Amendment And Religious Minorities, Kermit V. Lipez

The Journal of Appellate Practice and Process

No abstract provided.


God And Guns: The Free Exercise Of Religion Problems Of Regulating Guns In Churches And Other Houses Of Worship, John M.A. Dipippa Apr 2015

God And Guns: The Free Exercise Of Religion Problems Of Regulating Guns In Churches And Other Houses Of Worship, John M.A. Dipippa

Faculty Scholarship

This Article demonstrates that the cases raising religious liberty challenges to state regulation of weapons in houses of worship reveal the persistent problems plaguing religious liberty cases. First, these cases illustrate the difficulties non-mainstream religious claims face. Courts may not understand the religious nature of the claim or they may devalue claims that do not seem “normal” or “reasonable.” This is compounded by how few religious liberty claimants, especially non-mainstream religions, win their cases. Second, the cases are part of the larger debate about how easy it should be to get judicially imposed religious exemptions from general and neutral laws. …


Bias In Disguise: The Constitutional Problems Of Arkansas’S Intrastate Commerce Improvement Act, John M. A. Dipippa Apr 2015

Bias In Disguise: The Constitutional Problems Of Arkansas’S Intrastate Commerce Improvement Act, John M. A. Dipippa

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—Fifth Amendment And Takings—Courts And The Judicial Process Will Impede Orderly City Development By Limiting Local Governments’ Use Of Exactions In Development Planning. Koontz V. St. Johns River Water Management District, 133s. Ct. 2586 (2013)., Rebecca L. Matlock Apr 2015

Constitutional Law—Fifth Amendment And Takings—Courts And The Judicial Process Will Impede Orderly City Development By Limiting Local Governments’ Use Of Exactions In Development Planning. Koontz V. St. Johns River Water Management District, 133s. Ct. 2586 (2013)., Rebecca L. Matlock

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—Shooting Blanks: Smart Gun Mandates And Their Concomitant Constitutional, Regulatory, Public Policy, And Practical Issues, William F. Godbold Iv Oct 2014

Constitutional Law—Shooting Blanks: Smart Gun Mandates And Their Concomitant Constitutional, Regulatory, Public Policy, And Practical Issues, William F. Godbold Iv

University of Arkansas at Little Rock Law Review

No abstract provided.


The (Un?)Constitutionality Of Compelling Non-Immunized Testimony In Deceptive Trade Practices Investigations Conducted By The Attorney General Of The State Of Arkansas, Terrence Cain Oct 2014

The (Un?)Constitutionality Of Compelling Non-Immunized Testimony In Deceptive Trade Practices Investigations Conducted By The Attorney General Of The State Of Arkansas, Terrence Cain

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—Unauthorized Practice Of Law: Driving Legal Business Without A License, Legalzoom, Inc., And Campbell V. Asbury Automotive, Inc., 2011 Ark. 157, 381 S.W.3d 21., Pierce G. Hunter Jan 2014

Constitutional Law—Unauthorized Practice Of Law: Driving Legal Business Without A License, Legalzoom, Inc., And Campbell V. Asbury Automotive, Inc., 2011 Ark. 157, 381 S.W.3d 21., Pierce G. Hunter

University of Arkansas at Little Rock Law Review

No abstract provided.


Nearing Thirty Years: The Burger Court, Strickland V. Washington, And The Parameters Of The Right To Counsel, Joshua Kastenberg Oct 2013

Nearing Thirty Years: The Burger Court, Strickland V. Washington, And The Parameters Of The Right To Counsel, Joshua Kastenberg

The Journal of Appellate Practice and Process

No abstract provided.


Education—Student-Teacher Relationship—Should Teachers Be Held To A Higher Standard? Understanding The Laws Governing Sexual Relationships Between Students And Teachers In Primary And Secondary Schools Paschal V. State, 2012 Ark. 127, 388 S.W.3d 429., Katelyn Burch Busby Oct 2013

Education—Student-Teacher Relationship—Should Teachers Be Held To A Higher Standard? Understanding The Laws Governing Sexual Relationships Between Students And Teachers In Primary And Secondary Schools Paschal V. State, 2012 Ark. 127, 388 S.W.3d 429., Katelyn Burch Busby

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—First Amendment—Social Media Rams The Tinker Schoolhouse Gate: A New Approach For Online Student Speech, S. Kate Fletcher Jul 2013

Constitutional Law—First Amendment—Social Media Rams The Tinker Schoolhouse Gate: A New Approach For Online Student Speech, S. Kate Fletcher

University of Arkansas at Little Rock Law Review

No abstract provided.


The Con Law Professor With Judicial Appointment Power, Theresa M. Beiner Apr 2013

The Con Law Professor With Judicial Appointment Power, Theresa M. Beiner

The Journal of Appellate Practice and Process

No abstract provided.


Avoiding The Unavoidable: The Canon Of Constitutional Avoidance As Applied To The Patient Protection And Affordable Care Act, T. J. Fosko Apr 2013

Avoiding The Unavoidable: The Canon Of Constitutional Avoidance As Applied To The Patient Protection And Affordable Care Act, T. J. Fosko

University of Arkansas at Little Rock Law Review

No abstract provided.


Breaking Down The Supreme Court’S Spending Clause Ruling In Nfib V. Sebelius: A Huge Blow To The Federal Government Or A Mere Bump In The Road?, Ellen K. Howard Apr 2013

Breaking Down The Supreme Court’S Spending Clause Ruling In Nfib V. Sebelius: A Huge Blow To The Federal Government Or A Mere Bump In The Road?, Ellen K. Howard

University of Arkansas at Little Rock Law Review

No abstract provided.


The Patient Protection And Affordable Care Act: A Constitutional Analysis, David C. Jung Apr 2013

The Patient Protection And Affordable Care Act: A Constitutional Analysis, David C. Jung

University of Arkansas at Little Rock Law Review

No abstract provided.


Let Them Eat . . . Broccoli?, Josie G. Richardson Apr 2013

Let Them Eat . . . Broccoli?, Josie G. Richardson

University of Arkansas at Little Rock Law Review

No abstract provided.