Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (215)
- Constitutional Law (49)
- Supreme Court of the United States (34)
- Jurisprudence (32)
- State and Local Government Law (29)
-
- Criminal Law (26)
- Law and Society (23)
- Civil Rights and Discrimination (21)
- Legal History (20)
- Labor and Employment Law (16)
- Social and Behavioral Sciences (16)
- Legislation (14)
- Banking and Finance Law (13)
- Education (13)
- Fourteenth Amendment (13)
- Criminal Procedure (12)
- Public Law and Legal Theory (12)
- Other Law (11)
- Arts and Humanities (10)
- Education Law (10)
- History (10)
- Juvenile Law (10)
- Law and Economics (10)
- Litigation (10)
- Educational Assessment, Evaluation, and Research (9)
- Family Law (9)
- First Amendment (9)
- Human Rights Law (9)
- Law and Race (9)
- Property Law and Real Estate (9)
- Keyword
-
- Supreme Court (11)
- Racial classifications (8)
- Constitutional law (7)
- Death penalty (7)
- First Amendment (7)
-
- Jurisprudence (7)
- U.S. Supreme Court case (7)
- Legal history (6)
- Arkansas Supreme Court (5)
- Child labor (5)
- Arkansas (4)
- Constitutional analysis (4)
- Fourteenth Amendment (4)
- Fourth Amendment (4)
- States rights (4)
- Arkansas Law (3)
- Bitcoin (3)
- Civil rights (3)
- Constitutional rights (3)
- Constitutionality (3)
- Federal power (3)
- Federalism (3)
- Jurisdiction (3)
- Necessary and Proper Clause (3)
- Oil and gas (3)
- Privacy (3)
- Taney Court (3)
- Anticanon (2)
- Assisted reproductive technology (ART) (2)
- COVID (2)
Articles 1 - 30 of 238
Full-Text Articles in Entire DC Network
Recent Developments, Bethany A. Michau
Recent Developments, Bethany A. Michau
Arkansas Law Review
Recent Developments in Arkansas Law
(Hidden) In Plain Sight: Migrant Child Labor And The New Economy Of Exploitation, Shefali Milczarek-Desai
(Hidden) In Plain Sight: Migrant Child Labor And The New Economy Of Exploitation, Shefali Milczarek-Desai
Arkansas Law Review
Oppressive child labor in America is both an age-old problem and one that is relatively new. Part I presents the tumultuous history of child labor regulation in the United States—a history that provides clues as to why contemporary child labor laws fall far short of comprehensively addressing oppressive, migrant child labor. It then pivots to the contemporary child labor crisis by describing the new economy of exploitation and the unaccompanied migrant children upon which it relies. Part II sets forth the current U.S. legal landscape surrounding child labor laws, including these laws’ failure to protect migrant children. Next, Part II …
Sowing Seeds Of Restriction: Cultivating Insight Into Foreign Agricultural Holdings And Equal Protection Concerns, Payton R. Flower
Sowing Seeds Of Restriction: Cultivating Insight Into Foreign Agricultural Holdings And Equal Protection Concerns, Payton R. Flower
Arkansas Law Review
Twenty-four states have enacted laws to restrict foreign land ownership, with many placing an emphasis on agricultural land in some capacity. This Comment will argue that state restrictions on foreign land ownership should be vulnerable to equal protection violations when presented squarely to the Supreme Court. Additionally, it will explore the specific implications for agricultural land given its increasing value and economic importance. This analysis is illustrated by the issue presented in Shen v. Simpson, a recent constitutional challenge to Florida’s land ownership restrictions. Part II will discuss the pertinent history and legal landscape that frames the issue. Part III …
Seeing Race & Sexuality: Child Welfare & Forced Labor, Annie Isabel Fukushima, Jens Nilson, Kaden Richards
Seeing Race & Sexuality: Child Welfare & Forced Labor, Annie Isabel Fukushima, Jens Nilson, Kaden Richards
Arkansas Law Review
This Article examines how child welfare responds to children who are forced to labor through a case study of California. We use an intersectional framework to argue that a
How To Situate High School Student Part-Time Work Trends: An [Incomplete] Empirical Glance, Michael Heise
How To Situate High School Student Part-Time Work Trends: An [Incomplete] Empirical Glance, Michael Heise
Arkansas Law Review
Recent federal warnings about increases in child labor law violations coincide with various state efforts to dilute child labor protections. This Article confines itself to the array of outcomes attributable to lawful part time work performed by non-trafficked, full-time, U.S. high school students. This Article sets out to develop two modest and separate—though related—claims. The first claim is that clear and reliable answers do not emerge for such basic policy questions as, for example, whether student part-time work during high school constitutes a penalty or, instead, confers rewards to students. This Article’s second claim is methodological. Specifically, much of the …
State Policy Levers To Fight Child Labor, Terri Gerstein
State Policy Levers To Fight Child Labor, Terri Gerstein
Arkansas Law Review
Oppressive child labor has made a resurgence in the United States. Media reports have revealed children as young as fourteen and fifteen working as roofers, in meatpacking facilities, in automobile manufacturing plants, and in other jobs that are hazardous and inappropriate for children. In the face of the current crisis, concerned commentators,
Children At Work, Parental Rights—And Rhetoric, Naomi Cahn, Maxine Eichner, Mary Ziegler
Children At Work, Parental Rights—And Rhetoric, Naomi Cahn, Maxine Eichner, Mary Ziegler
Arkansas Law Review
States are increasingly considering and enacting laws that reduce protections for child laborers, and the number of minors who have been employed in violation of existing child labor laws has been steadily growing. We argue that politicians deploy the rhetoric of parental rights in today’s legislative battles over child labor protections to
Foreword, Annie B. Smith
Foreword, Annie B. Smith
Arkansas Law Review
There has been a recent and well-documented increase in unlawful child labor in the United States and a simultaneous organized effort to weaken state child labor protections. In reaction to these converging trends – along with disturbing media coverage of children injured and killed at work, the White House, U.S. Department of Labor, child advocates, labor rights’ organizers and others have mobilized to respond. This Symposium, Children at Work, was convened to focus our collective attention on this critical and emerging issue. Once considered well-settled, questions of when children work and the types of work they should do are again …
Contents, Journal Editors
Arkansas Law Review - Volume 77 Issue 2, Journal Editors
Arkansas Law Review - Volume 77 Issue 2, Journal Editors
Arkansas Law Review
No abstract provided.
Privacy’S Commodification And The Limits Of Antitrust, Jeffrey L. Vagle
Privacy’S Commodification And The Limits Of Antitrust, Jeffrey L. Vagle
Arkansas Law Review
This Article argues that the buying and selling of personal data forms what Debra Satz calls a “noxious market,” and, thus, any regulation of information privacy should not accept or depend upon its commodification but should stand on its own. This Article proceeds in three parts. Part I first lays out the history and effects of data commodification, arguing that the market created by this commodification is noxious and undesirable. Part II examines the renewal of antitrust’s purpose as a regulatory tool, especially in the context of its use in the regulation of large technology firms. Finally, Part III argues …
Toxic Love: Mandating Standards In Arkansas’S Domestic Violence Laws, Alia B. Reddell
Toxic Love: Mandating Standards In Arkansas’S Domestic Violence Laws, Alia B. Reddell
Arkansas Law Review
This Comment addresses the current scheme of domestic violence statutes, highlighting the inadequate state of domestic violence remedies and the ineffective law enforcement guidelines currently in place; it argues that the Arkansas State Legislature is in need of reforming its domestic violence policies. This recommendation is three-fold and proposes that Arkansas should abandon its current discretionary regime and adopt: (1) mandatory arrest policies; (2) statutory post-arrest procedures; and (3) mandatory
To Err Is Human, To Restore Is (Usually) The Law: Present Entitlement In Restitution’S Discharge-For-Value Rule, Layne S. Keele
To Err Is Human, To Restore Is (Usually) The Law: Present Entitlement In Restitution’S Discharge-For-Value Rule, Layne S. Keele
Arkansas Law Review
This Article argues that the Second Circuit’s present-entitlement holding and the concurrence’s setoff argument in Citibank v. Brigade Capital do not reflect the state of the law and risk introducing confusion into an already convoluted area of law. First, I will briefly review the district court’s decision in Citibank and its reception among scholars and the marketplace. Next, I will examine the Second Circuit’s opinion, as well as the concurrence and the addendum to the opinion. Finally, I will critique the “present entitlement” requirement that the court grafted onto the discharge-for-value defense. In this critique, I will argue that the …
Contents, Journal Editors
Arkansas Law Review - Volume 77 Issue 1, Journal Editors
Arkansas Law Review - Volume 77 Issue 1, Journal Editors
Arkansas Law Review
No abstract provided.
Two Heads Are Better Than One: Single Pilot Operation Threatens The Safety Of The Friendly Skies, Alexandria E. Rook
Two Heads Are Better Than One: Single Pilot Operation Threatens The Safety Of The Friendly Skies, Alexandria E. Rook
Arkansas Law Review
Boeing’s Maneuvering Characteristics Augmentation System (“MCAS”), an automated piloting system, is only supposed to handle aircraft operations in very specific circumstances. Despite devasting results with MCAS, Boeing has another automated piloting system on the horizon that poses even more grave risks: Single Pilot Operation (“SPO”). Boeing—along
Narrowing From Below: How Lower Courts Can Limit Castro-Huerta, Michaela B. Parks
Narrowing From Below: How Lower Courts Can Limit Castro-Huerta, Michaela B. Parks
Arkansas Law Review
This Note will offer a plan for how Indian country can move forward in the wake of what anti-tribal sovereignty entities want to be a devasting decision. This Note advocates for a judicial remedy plan. Specifically, it calls upon lower courts to narrow Castro-Huerta from below to limit the effects of the decision. Part II provides a brief introduction to federal Indian law, a general overview of criminal jurisdiction in Indian country, and concludes with a summary of Castro-Huerta. Part III outlines two approaches to limiting that lower courts can use to narrow Castro-Huerta from below: textual limiting and fact-to-fact …
Recent Developments, John A. "Jack" Curtis
Recent Developments, John A. "Jack" Curtis
Arkansas Law Review
Recent Developments in Arkansas Law
Kidfluencers: New Child Stars In Need Of Protection, Mikayla B. Jayroe
Kidfluencers: New Child Stars In Need Of Protection, Mikayla B. Jayroe
Arkansas Law Review
Despite the explosive growth of social media and various lobbying efforts, the legal system has fallen woefully behind in extending labor protections to children engaged in social media production. This Comment will offer a solution to the current gray area surrounding kidfluencers and the lack of protections they are afforded. First, this Comment will discuss the emergence and growth of the kidfluencer industry and explore the legal history of child labor laws in the United States, specifically evaluating protections historically provided to child actors. Second, this Comment will explain why posts by kidfluencers should be considered work, explore the harms …
Hiding In Plain Sight: How Corporations Can Save The National Park Service, Emily H. Rector
Hiding In Plain Sight: How Corporations Can Save The National Park Service, Emily H. Rector
Arkansas Law Review
Since its inception, the privatization of the National Park Service has been a concern amongst conservationists. Recently, the topic gained more attention as the Trump Administration advocated for privatizing certain aspects of the parks. The dual purpose of the National Park Service, that of conservation and recreational efforts, has created conflict throughout the years. This Comment argues that Congress should update how the National Park Service manages concessioners. Full privatization is not
Resilient Cities And The Housing Trust, Marc L. Roark, Lorna Fox O'Mahony
Resilient Cities And The Housing Trust, Marc L. Roark, Lorna Fox O'Mahony
Arkansas Law Review
In the 1970’s, cities across the United States faced new obstacles due to the deterioration of public infrastructure. Public housing projects that were built through federal housing initiatives were reaching the end of their lives after less than twenty years of being in service. Over the last forty years, cities in the United States have turned increasingly to housing trust funds to address the conjoined problems of the withdrawal of federal resources dedicated to affordable housing provision, and insufficient
Setting The Record Straight: Why The Nba Needs To Officially Adopt Aba Statistics, Roy E. Brownell Ii
Setting The Record Straight: Why The Nba Needs To Officially Adopt Aba Statistics, Roy E. Brownell Ii
Arkansas Law Review
In the case of the legal settlement between the (merger of the NBA and ABA, one of those legacies is that the NBA chooses not to officially recognize the ABA’s statistics. By arguing in favor of the NBA officially adopting ABA statistics, this Article addresses a question that lies at the intersection of law, race, sports, history, and corporate policy. Part II discusses the 1976 legal settlement between the two leagues. Part III, in turn, analyzes concerns over morality and why they weigh heavily in support of the NBA acknowledging ABA records. Part IV offers an evaluation of historical factors …
Contents, Journal Editors
Arkansas Law Review - Volume 76 Issue 4, Journal Editors
Arkansas Law Review - Volume 76 Issue 4, Journal Editors
Arkansas Law Review
No abstract provided.
Snitches Get Stitches: An Analysis Of The Eighth Circuit’S But-For Causation Requirement In False Claims Act Litigation “Resulting From” Anti-Kickback Violations, Travis R. Linn
Arkansas Law Review
Following the expansion of Social Security in the 1960s, Congress enacted the Anti-Kickback Statute or AKS in 1972 to ensure that items and services charged to Medicaid were only those necessary to the beneficiary’s health. Part II of this Note will analyze three pieces of legislation and Congress’s reasons for passing them: the FCA, the AKS, and a 2010 amendment to the AKS passed under the Affordable Care Act that connects the two. Part III will analyze the Third and Eighth Circuits’ conflicting interpretations of the 2010 amendment and why the Eighth Circuit’s commitment to textualism has disregarded Congress’s reasons …
Money Talks: Implementing Open Banking In The United States, Hailey Marie Petit
Money Talks: Implementing Open Banking In The United States, Hailey Marie Petit
Arkansas Law Review
An open banking system exists when a third-party financial service provider has access to consumer financial information. What if the United States could be on the forefront of the next banking industry change? A well implemented system would mean a new, accessible way to make a transaction. This Comment will explore how the United States can implement an open banking system. First, this Comment defines open banking against the backdrop of the traditional transaction model. Next, this Comment describes the United Kingdom’s adoption of open banking, focusing on the benefits and detriments created by its adoption. Third, this Comment describes …
The Data Heist: Protecting Consumers And Their Information Through Opt-In Consent, John A. Hudson
The Data Heist: Protecting Consumers And Their Information Through Opt-In Consent, John A. Hudson
Arkansas Law Review
This Comment will: (1) compare and contrast the data privacy laws in the United States and the European Union; (2) demonstrate the significant risk American consumers are subject to under the United States’ current laws and regulations; and (3) address the protections provided by the European Union’s explicit opt-in consent requirement that would ensure safer conditions for American consumers.
Not-So-Smartphone Disclosures, Jeff Sovern, Nahal Heydari
Not-So-Smartphone Disclosures, Jeff Sovern, Nahal Heydari
Arkansas Law Review
The consumer credit market, and particularly the credit card market, lacks perfect competition. Though usury laws and regulation of charges are germane to our findings, this Article focuses largely on disclosure. Specifically, we examine whether consumers understand the disclosures mandated for credit cards in the medium in which many consumers now engage in financial transactions. This Article proceeds as follows: Part I presents some basics on consumer protections for credit cards. Part II reviews the literature concerning disclosures on smartphones. Part III discusses our methodology. Part IV reports our findings. Part V suggests some normative implications.
Torts And Personhood, Melissa Mortazavi
Torts And Personhood, Melissa Mortazavi
Arkansas Law Review
Perhaps more so than ever, legal personhood is contested. Part I of this Article lays out an overview of existing tort theories exposing the limitations of existing paradigms. This positions the reader to consider in Part II the core assertion of this paper: that a fundamental role of torts is to define personhood. As such, it explores the idea that a principal project that each tort case and litigant is engaged with is not truly about money, property, or even pain per se—it is about determining who is seen.
Contents, Journal Editors