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University of Arkansas at Little Rock William H. Bowen School of Law

2006

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Articles 31 - 59 of 59

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Planning And Conduct Of The National Conference, Arthur J. England Jr. Apr 2006

Planning And Conduct Of The National Conference, Arthur J. England Jr.

The Journal of Appellate Practice and Process

No abstract provided.


Introduction To The National Conference, Daniel J. Meador Apr 2006

Introduction To The National Conference, Daniel J. Meador

The Journal of Appellate Practice and Process

No abstract provided.


The Old Order Changes, Shirley S. Abrahamson Apr 2006

The Old Order Changes, Shirley S. Abrahamson

The Journal of Appellate Practice and Process

No abstract provided.


Introduction To Justice Breyer's Remarks, Oscar G. Chase Apr 2006

Introduction To Justice Breyer's Remarks, Oscar G. Chase

The Journal of Appellate Practice and Process

No abstract provided.


Statement On The Functions And Future Of Appellate Lawyers, The American Academy Of Appellate Lawyers Apr 2006

Statement On The Functions And Future Of Appellate Lawyers, The American Academy Of Appellate Lawyers

The Journal of Appellate Practice and Process

No abstract provided.


Reflections On The Role Of Appellate Courts: A View From The Supreme Court, Stephen G. Breyer Apr 2006

Reflections On The Role Of Appellate Courts: A View From The Supreme Court, Stephen G. Breyer

The Journal of Appellate Practice and Process

No abstract provided.


Applied Freakonomics: Explaining The Crisis Of Volume, Thomas E. Baker Apr 2006

Applied Freakonomics: Explaining The Crisis Of Volume, Thomas E. Baker

The Journal of Appellate Practice and Process

No abstract provided.


No Court Is An Island, Robert A. Katzmann Apr 2006

No Court Is An Island, Robert A. Katzmann

The Journal of Appellate Practice and Process

No abstract provided.


Precedent In The Federal Courts Of Appeals: An Endangered Or Invasive Species?, John B. Oakley Apr 2006

Precedent In The Federal Courts Of Appeals: An Endangered Or Invasive Species?, John B. Oakley

The Journal of Appellate Practice and Process

No abstract provided.


Building An Appellate System Worthy Of A Great Nation, Randall T. Shepard Apr 2006

Building An Appellate System Worthy Of A Great Nation, Randall T. Shepard

The Journal of Appellate Practice and Process

No abstract provided.


Demand And Supply Trends In Federal And State Courts Over The Last Half Century, Richard A. Posner Apr 2006

Demand And Supply Trends In Federal And State Courts Over The Last Half Century, Richard A. Posner

The Journal of Appellate Practice and Process

No abstract provided.


The View From The Trenches: A Report On The Breakout Sessions At The 2005 National Conference On Appellate Justice, Arthur D. Hellman Apr 2006

The View From The Trenches: A Report On The Breakout Sessions At The 2005 National Conference On Appellate Justice, Arthur D. Hellman

The Journal of Appellate Practice and Process

No abstract provided.


Criminal Law—The Sixth Amendment And The Right To Trial By Jury—Where Do We Go From Here?: The United States Supreme Court Examines The Federal Sentencing Guidelines. United States V. Booker, 543 U.S. 220 (2005)., Brian M. Clary Apr 2006

Criminal Law—The Sixth Amendment And The Right To Trial By Jury—Where Do We Go From Here?: The United States Supreme Court Examines The Federal Sentencing Guidelines. United States V. Booker, 543 U.S. 220 (2005)., Brian M. Clary

University of Arkansas at Little Rock Law Review

No abstract provided.


A Taxonomy Of Obesity Litigation, Theodore H. Frank Apr 2006

A Taxonomy Of Obesity Litigation, Theodore H. Frank

University of Arkansas at Little Rock Law Review

No abstract provided.


Setting The Stage For Public Health: The Role Of Litigation In Controlling Obesity, Jason A. Smith Apr 2006

Setting The Stage For Public Health: The Role Of Litigation In Controlling Obesity, Jason A. Smith

University of Arkansas at Little Rock Law Review

No abstract provided.


The Use Of Hair Analysis To Test Children For Exposure To Methamphetamine, Michael T. Flannery, Jerry Jones, Karen Farst, Karen Bord Worley Apr 2006

The Use Of Hair Analysis To Test Children For Exposure To Methamphetamine, Michael T. Flannery, Jerry Jones, Karen Farst, Karen Bord Worley

Faculty Scholarship

No abstract provided.


Constitutional Law—Direct Shipment Of Alcohol—Well-Aged And Finally Uncorked: The Supreme Court Decides Whether The Twenty-First Amendment Grants States The Power To Avoid The Dormant Commerce Clause. Granholm V. Heald, 125 S. Ct. 1885 (2005)., Robert L. Jones Iii Apr 2006

Constitutional Law—Direct Shipment Of Alcohol—Well-Aged And Finally Uncorked: The Supreme Court Decides Whether The Twenty-First Amendment Grants States The Power To Avoid The Dormant Commerce Clause. Granholm V. Heald, 125 S. Ct. 1885 (2005)., Robert L. Jones Iii

University of Arkansas at Little Rock Law Review

No abstract provided.


Regulating Food Advertisements: Some First Amendment Issues, John M. A. Dipippa Apr 2006

Regulating Food Advertisements: Some First Amendment Issues, John M. A. Dipippa

University of Arkansas at Little Rock Law Review

No abstract provided.


Ain't No Glory In Pain': How The 1994 Republican Revolution And The Private Securities Litigation Reform Act Contributed To The Collapse Of The United States Capital Markets, André Douglas Pond Cummings Feb 2006

Ain't No Glory In Pain': How The 1994 Republican Revolution And The Private Securities Litigation Reform Act Contributed To The Collapse Of The United States Capital Markets, André Douglas Pond Cummings

Faculty Scholarship

Ain't No Glory In Pain recalls the deregulatory legislation adopted by the 104th Congress in 1995 and 1996, including the shareholder lawsuit limiting Private Securities Litigation Reform Act (PSLRA) and connects several of those measures with the historic corporate malfeasance that marked the capital market collapse of 2001-02. I propose, in the face of recent calls for further efforts to deregulate crucial industries and further hamstring shareholder lawsuits, that Congress and the SEC work together to reject certain provisions of the PSLRA and act in ways to ensure investor protection in this post-Enron/WorldCom environment.


Open Water: Affirmative Action, Mismatch Theory And Swarming Predators: A Response To Richard Sander, André Douglas Pond Cummings, Seth Harper Feb 2006

Open Water: Affirmative Action, Mismatch Theory And Swarming Predators: A Response To Richard Sander, André Douglas Pond Cummings, Seth Harper

Faculty Scholarship

"Open Water" offers a sharp normative critique of Richard Sander's Stanford Law Review study (57 STAN. L. REV. 367 (2004)) that claims to prove empirically that affirmative action positively injures African American law students. Sander's law review article and conclusions are troublesome for a range of reasons and my critique unfolds as follows: First, Sander promulgates an objectionable form of racial paternalism in his anti-affirmative action study; Second, Sander casts himself in the fateful and historically disturbing role of the "Great White Father"; Third, Sander seemingly manipulated the mass media in drawing attention to his study and purported findings, particularly …


Arkansas’S Public Records Retention Program: Records Retention As A Cornerstone Of Citizenship And Self-Government, Richard J. Peltz Jan 2006

Arkansas’S Public Records Retention Program: Records Retention As A Cornerstone Of Citizenship And Self-Government, Richard J. Peltz

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—Fourteenth Amendment—The Path Leads To Nowhere: The Supreme Court Re-Examines The Trek Through The Political Thicket. Vieth V. Jubelirer, 541 U.S. 267 (2004)., Vanessa L. Kinney Jan 2006

Constitutional Law—Fourteenth Amendment—The Path Leads To Nowhere: The Supreme Court Re-Examines The Trek Through The Political Thicket. Vieth V. Jubelirer, 541 U.S. 267 (2004)., Vanessa L. Kinney

University of Arkansas at Little Rock Law Review

No abstract provided.


Hiding In Plain View: A Neglected Supreme Court Decision Resolves The Debate Over Non-Debtor Releases In Chapter 11 Reorganizations, Joshua M. Silverstein Jan 2006

Hiding In Plain View: A Neglected Supreme Court Decision Resolves The Debate Over Non-Debtor Releases In Chapter 11 Reorganizations, Joshua M. Silverstein

Faculty Scholarship

This article presents a novel resolution of a long-standing circuit split on an issue of critical significance to bankruptcy and tort law: whether bankruptcy courts may extinguish liabilities of parties that have not filed for bankruptcy. Such "non-debtor releases" are similar in effect to a bankruptcy discharge and have become particularly common in both mass tort disputes and general insolvencies adjudicated through the bankruptcy process. In this article, I illustrate how an overlooked Supreme Court decision—United States v. Energy Resources, 495 U.S. 545 (1990)—offers crucial support for the pro-release position. Energy Resources demonstrates that the bankruptcy courts’ "general equitable power" …


Contracting Out Of The Ucc, Sarah Howard Jenkins Jan 2006

Contracting Out Of The Ucc, Sarah Howard Jenkins

Faculty Scholarship

No abstract provided.


Contracting Out Of Article 2: Minimizing The Obligation Of Performance & Liability For Breach, Sarah Howard Jenkins Jan 2006

Contracting Out Of Article 2: Minimizing The Obligation Of Performance & Liability For Breach, Sarah Howard Jenkins

Faculty Scholarship

No abstract provided.


The Clinician As Ethical Role Model In The Criminal Appellate Litigation Clinic, J. Thomas Sullivan Jan 2006

The Clinician As Ethical Role Model In The Criminal Appellate Litigation Clinic, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.


Lions And Tigers And Bears, Oh My Or Redskins And Braves And Indians, Oh Why: Ruminations On Mcbride V. Utah State Tax Commission, Political Correctness And The Reasonable Person, André Douglas Pond Cummings Jan 2006

Lions And Tigers And Bears, Oh My Or Redskins And Braves And Indians, Oh Why: Ruminations On Mcbride V. Utah State Tax Commission, Political Correctness And The Reasonable Person, André Douglas Pond Cummings

Faculty Scholarship

American Indian mascots have been used by High Schools, Colleges and Professional sports teams for decades. Such use of monikers and mascots that depict Native American images and stereotypes have come under intense criticism in the past decade. Despite the outcry, a few professional sports teams and major Division I institutions continue to stubbornly persist in using derogatory and offensive nicknames and stereotypes for their athletic competitors.

This article urges those stubborn institutions and professional sports teams to reconsider the use of names and monikers that demean and disparage. By reconsidering the reasonable person standard, examining recent caselaw, and discussing …


Harry Potter And The Unforgivable Curses: Norm-Formation, Inconsistency, And The Rule Of Law In The Wizarding World, Aaron Schwabach Jan 2006

Harry Potter And The Unforgivable Curses: Norm-Formation, Inconsistency, And The Rule Of Law In The Wizarding World, Aaron Schwabach

Faculty Scholarship

No abstract provided.


Contract Law—The Collision Of Tort And Contract Law: Validity And Enforceability Of Exculpatory Clauses In Arkansas. Jordan V. Diamond Equipment, 2005 Wl 984513 (2005)., John G. Shram Jan 2006

Contract Law—The Collision Of Tort And Contract Law: Validity And Enforceability Of Exculpatory Clauses In Arkansas. Jordan V. Diamond Equipment, 2005 Wl 984513 (2005)., John G. Shram

University of Arkansas at Little Rock Law Review

No abstract provided.