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Setting The Record Straight: Why The Nba Needs To Officially Adopt Aba Statistics, Roy E. Brownell Ii Mar 2024

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 …


Pop Goes The Weasel: How Greed And A Good Barbecue Hoodwinked A Small Town, Kelli C. Ladwig Jan 2023

Pop Goes The Weasel: How Greed And A Good Barbecue Hoodwinked A Small Town, Kelli C. Ladwig

Inquiry: The University of Arkansas Undergraduate Research Journal

On October 4, 1921, Sure Pop Oil Company held a barbecue to celebrate the newly built oil derrick and attract new investors in Eureka Springs, Arkansas. The Eureka Springs Historical Museum has photos from the celebration. Local lore suggests that the oil company owners were "confidence men" who were out to "fleece" the citizens of Eureka Springs. A clearer picture of the Sure Pop Oil Company and its president can be attained by studying newspaper articles and census records. Start with the zeal after the discovery of oil in El Dorado, Arkansas, coupled with the lack of federal and state …


Food Law & Policy: An Essay, Peter Barton Hutt May 2021

Food Law & Policy: An Essay, Peter Barton Hutt

Journal of Food Law & Policy

Food has been the driving preoccupation of humans since the dawn of evolution. Exactly when food processing began and when the original hunter-gatherers settled down to develop agriculture-or even the question of which of these occurred first-remain issues of scholarly pursuit and debate. It is clear, however, that these events occurred millennia before the advent of recorded history; therefore, we must rely on largely adventitious discoveries of archeological artifacts to advance our developing knowledge of these events.


Burying Mcculloch?, David S. Schwartz Sep 2020

Burying Mcculloch?, David S. Schwartz

Arkansas Law Review

Kurt Lash is a superb constitutional historian trapped inside the body of an originalist. He is one of the few originalists bold enough to acknowledge that McCulloch v. Maryland needs to be ejected from the (conservative) originalist canon of great constitutional cases. While he attributes to me an intention “not to praise the mythological McCulloch, but to bury it,” it is Lash who seeks to bury McCulloch, which he views as a fraudulent “story of our constitutional origins.”


Mcculloch V. Madison: John Marshall's Effort To Bury Madisonian Federalism, Kurt Lash Sep 2020

Mcculloch V. Madison: John Marshall's Effort To Bury Madisonian Federalism, Kurt Lash

Arkansas Law Review

In his engaging and provocative new book, The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. Maryland, David S. Schwartz challenges McCulloch’s canonical status as a foundation stone in the building of American constitutional law. According to Schwartz, the fortunes of McCulloch ebbed and flowed depending on the politics of the day and the ideological commitments of Supreme Court justices. Judicial reliance on the case might disappear for a generation only to suddenly reappear in the next. If McCulloch v. Maryland enjoys pride of place in contemporary courses on constitutional law, Schwartz argues, then this …


What Is "Appropriate" Legislation?: Mcculloch V. Maryland And The Redundancy Of The Reconstruction Amendments, Franita Tolson Sep 2020

What Is "Appropriate" Legislation?: Mcculloch V. Maryland And The Redundancy Of The Reconstruction Amendments, Franita Tolson

Arkansas Law Review

I am thankful for the opportunity to review Professor David Schwartz’s really thoughtful and incisive critique of McCulloch v. Maryland. The book is a creative and masterful reinterpretation of a decision that I thought I knew well, but I learned a lot of new and interesting facts about McCulloch and the (sometimes frosty) reception that the decision has received over the course of the last two centuries. Professor Schwartz persuasively argues that modern views of McCulloch as a straightforward nationalist decision that has always had a storied place in the American constitutional tradition are flat-out wrong. The Spirit of the …


Does Importance Equal Greatness? Reflections On John Marshall And Mcculloch V. Maryland, Sanford Levinson Sep 2020

Does Importance Equal Greatness? Reflections On John Marshall And Mcculloch V. Maryland, Sanford Levinson

Arkansas Law Review

David S. Schwartz’s The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. Maryland, is a truly excellent book, for which I was happy to contribute the following blurb appearing on the back jacket: "David Schwartz has written an indispensable study of thesingle most important Supreme Court case in the canon. As such, he delineates not only the meaning and importance of the case in 1819, but also the use made of it over the next two centuries as it became a central myth and symbol of the very meaning of American constitutionalism.”


Milk And The Motherland? Colonial Legacies Of Taste And The Law In The Anglophone Caribbean, Merisa S. Thompson Sep 2020

Milk And The Motherland? Colonial Legacies Of Taste And The Law In The Anglophone Caribbean, Merisa S. Thompson

Journal of Food Law & Policy

This paper tells a story of the relationship between colonialism and capitalism through the lens of “milk” and “the law” in the Caribbean. Despite high levels of lactose intolerance amongst its population, milk is a regular part of many Caribbean diets and features prominently in its foodscapes. This represents a distinctive colonial inheritance that is the result of centuries of ongoing colonial violence and displacement. Taking a feminist and intersectional approach, the paper draws on analysis of key pieces of colonial legislation at significant historical junctures and secondary literature to do three things. Firstly, it examines how law aided the …


"A Glass Of Milk Strengthens A Nation." Law Development, And China's Dairy Tale, Xiaoqian Hu Sep 2020

"A Glass Of Milk Strengthens A Nation." Law Development, And China's Dairy Tale, Xiaoqian Hu

Journal of Food Law & Policy

Historically, China was a soybean nation and not a dairy nation. Today, China has become the world’s largest dairy importer and third largest dairy producer, and dairy has surpassed soybeans in both consumption volume and sales revenue. This article investigates the legal, political, and socioeconomic factors that drove this transformation, and building upon fieldwork in two Chinese counties, examines the transformation’s socioeconomic impact on China’s several hundred million farmers and ex-farmers and political impact on the Chinese regime. The article makes two arguments. First, despite changes of times and political regimes, China’s dairy tale is a tale about chasing the …


Milk And Law In The Anthropocene: Colonialism's Dietary Interventions, Kelly Struthers Montford Sep 2020

Milk And Law In The Anthropocene: Colonialism's Dietary Interventions, Kelly Struthers Montford

Journal of Food Law & Policy

It is widely accepted that we are living in the Anthropocene: the age in which human activity has fundamentally altered earth systems and processes. Decolonial scholars have argued that colonialism’s shaping of the earth’s ecologies and severing of Indigenous relations to animals have provided the conditions of possibility for the Anthropocene. With this, colonialism has irreversibly altered diets on a global scale. I argue that dairy in the settler contexts of Canada and the United States remains possible because of colonialism’s severing of Indigenous relations of interrelatedness with the more-than-human world. I discuss how colonialism—which has included the institution of …


Dairy Tales: Global Portraits Of Milk And Law, Jessica Eisen, Xiaoqian Hu, Erum Sattar Sep 2020

Dairy Tales: Global Portraits Of Milk And Law, Jessica Eisen, Xiaoqian Hu, Erum Sattar

Journal of Food Law & Policy

Cow’s milk has enjoyed a widespread cultural signification in many parts of the world as “nature’s perfect food.”1 A growing body of scholarship, however, has challenged the image of cow’s milk in human diets and polities as a product of “nature,” and has instead sought to illuminate the political, scientific, colonial and postcolonial, economic, and social forces that have in fact defined the production, consumption, and cultural signification of cow’s milk in human societies. This emerging attention to the social, legal, and political significance of milk sits at the intersection of several fields of academic inquiry: anthropology, history, animal studies, …


Defying Mcculloch? Jackson’S Bank Veto Reconsidered, David S. Schwartz Jul 2019

Defying Mcculloch? Jackson’S Bank Veto Reconsidered, David S. Schwartz

Arkansas Law Review

On July 10, 1832, President Andrew Jackson issued the most famous and controversial veto in United States history. The bill in question was “to modify and continue” the 1816 “act to incorporate the subscribers to the Bank of the United States. This was to recharter of the Second Bank of the United States whose constitutionality was famously upheld in McCulloch v. Maryland. The bill was passed by Congress and presented to Jackson on July 4. Six days later, Jackson vetoed the bill. Jackson’s veto mortally wounded the Second Bank, which would forever close its doors four years later at the …


Overruling Mcculloch?, Mark A. Graber Jul 2019

Overruling Mcculloch?, Mark A. Graber

Arkansas Law Review

Daniel Webster warned Whig associates in 1841 that the Supreme Court would likely declare unconstitutional the national bank bill that Henry Clay was pushing through the Congress. This claim was probably based on inside information. Webster was a close association of Justice Joseph Story. The justices at this time frequently leaked word to their political allies of judicial sentiments on the issues of the day. Even if Webster lacked first-hand knowledge of how the Taney Court would probably rule in a case raising the constitutionality of the national bank, the personnel on that tribunal provided strong grounds for Whig pessimism. …


M'Culloch In Context, Mark R. Killenbeck Jul 2019

M'Culloch In Context, Mark R. Killenbeck

Arkansas Law Review

M’Culloch v. Maryland is rightly regarded as a landmark opinion, one that affirmed the ability of Congress to exercise implied powers, articulated a rule of deference to Congressional judgments about whether given legislative actions were in fact “necessary,” and limited the ability of the states to impair or restrict the operations of the federal government. Most scholarly discussions of the case and its legacy emphasize these aspects of the decision. Less common are attempts to place M’Culloch within the ebb and flow of the Marshall Court and the political and social realities of the time. So, for example, very few …


Mcculloch At 200, David S. Schwartz Jul 2019

Mcculloch At 200, David S. Schwartz

Arkansas Law Review

March 6, 2019 marked the 200th anniversary of the Supreme Court’s issuance of its decision in McCulloch v. Maryland, upholding the constitutionality of the Second Bank of the United States, the successor to Alexander Hamilton’s national bank. McCulloch v. Maryland involved a constitutional challenge by the Second Bank of the United States to a Maryland tax on the banknotes issued by the Bank’s Baltimore branch. The tax was probably designed to raise the Second Bank’s cost of issuing loans and thereby disadvantage it relative to Maryland’s own state-chartered banks. Marshall’s opinion famously rejected the Jeffersonian strict-constructionist argument that implied powers …


Government Control Of And Influence On The Press In Latin America: The Case Of Argentina During The Presidency Of Cristina Fernández De Kirchner (2007-2014), Rachel L. Yeager Jan 2014

Government Control Of And Influence On The Press In Latin America: The Case Of Argentina During The Presidency Of Cristina Fernández De Kirchner (2007-2014), Rachel L. Yeager

Inquiry: The University of Arkansas Undergraduate Research Journal

Latin American governments restrict the media for political, historical, and cultural reasons. As these governments trend toward socialism, their influence on media increases. This paper examines methods of media control and investigates whether the increased control leads to bias and inaccuracy of information, both of which jeopardize the functioning of a democratic political system. Four newspapers in Argentina were used as a case study; articles from 2004 to 2013 were evaluated for bias and accuracy. The expected outcome was that newspapers sympathetic toward her administration would become more favorably biased toward her while critical newspapers would become more unfavorably biased. …


Representations Of Argentine National Identity Via El Museo Nacional De Bellas Artes, Lindsay Newby Jan 2013

Representations Of Argentine National Identity Via El Museo Nacional De Bellas Artes, Lindsay Newby

Inquiry: The University of Arkansas Undergraduate Research Journal

National identity is a concept that every nation constructs and celebrates through the remembrance of important events or persons, the projection of literary works, and the erection of monuments. Yet, in order to truly understand a nation’s self-imagery, one must examine and chart all of its different periods through time. This allows one to avoid narrow, static definitions by viewing a nation in a more holistic sense. In this study, it is hypothesized that museums function to preserve, assert, and disseminate a sense of heritage and, in the case of the Museo Nacional de Bellas Artes, a sense of what …


Invitation Through Song: Evangelism And Divine Discourse In Arkansas Revivals, Chelsea Hodge Jan 2013

Invitation Through Song: Evangelism And Divine Discourse In Arkansas Revivals, Chelsea Hodge

Inquiry: The University of Arkansas Undergraduate Research Journal

For over a century, Protestant evangelists have held revivals to spread their beliefs. The invitation song is the culmination of these meetings; a sermon ends with an invitation to the unsaved to come forward and publicly accept the faith of the revivalists during the “invitation song.” This hymn is not just a traditional means to allow converts to declare their faith; Christians view this time of congregational singing as an intensely personal declaration of their own conviction, a discourse between themselves and the divine. The singers believe their music can be a powerful instrument of change because of a fundamental …


Reconstructing History: An Inter-Generational Perspective On Collective Memories And Constructed Identities In Post-Genocide Rwanda, Heather Randall Jan 2012

Reconstructing History: An Inter-Generational Perspective On Collective Memories And Constructed Identities In Post-Genocide Rwanda, Heather Randall

Inquiry: The University of Arkansas Undergraduate Research Journal

In the 18 years since the Rwandan genocide, which left approximately 1,000,000 people dead in 100 days, much has changed for Rwandans. This paper will examine the history of the genocide, including the international response to the killings and developments in peace and reconciliation. This paper also examines anthropological data from college-age Rwandese, whose names have been fictionalized, and historical information from older generations who lived through the genocide. I argue that the students represent a significant social change in the history of Rwanda. Their experiences contrast sharply with those of their parents, who grew up in a colonial world …


Opportunity Knocks: An Examination Of The Knoxville Transient Population, Caroline Peyton Jan 2008

Opportunity Knocks: An Examination Of The Knoxville Transient Population, Caroline Peyton

Inquiry: The University of Arkansas Undergraduate Research Journal

As a city of crossroads, Knoxville acted as an urban gateway for the surrounding rural areas. The economic depression struck Knoxville much like other cities, with the exception of the Tennessee Valley Authority. Thus, the hope of finding work with the TVA or other industries attracted hoards of people to Knoxville. The incoming tide of transients prompted the creation of the Knoxville Transient Bureau (KTB), and established a new form of aid, unlike any other. Although the KTB was one of many transient bureaus, the importance of the KTB as a singular institution should not be dismissed. Rather, the examination …


Give Me That Old Time Religion: Nostalgia, Memory And The Rhetoric Of Loss In Bede's Historical Ecclesiastica Gentus Anglorum, John T.R. Terry Jan 2008

Give Me That Old Time Religion: Nostalgia, Memory And The Rhetoric Of Loss In Bede's Historical Ecclesiastica Gentus Anglorum, John T.R. Terry

Inquiry: The University of Arkansas Undergraduate Research Journal

Bede 's Ecclesiastical History of the English People was composed by a monk of northeastern England around AD 731. It is a tome of nearly unparalleled prominence to this day in English church history. Many Bedan scholars have hitherto been concerned with common themes in Bede's works: biblical typology and exegesis, influences, sources, politics and even the nature of Bede's own mysterious life. This paper, however, seeks to add a definite human component to Bede and the times in which he lived where most studies have not, simply by using modern studies of nostalgia in a universal sense.


What Is Ailing The German Economy? A Critical Analysis Of German Social Market Economics, Robert T. Cheek Jr. Jan 2007

What Is Ailing The German Economy? A Critical Analysis Of German Social Market Economics, Robert T. Cheek Jr.

Inquiry: The University of Arkansas Undergraduate Research Journal

This paper offers a narrative historical description of the German Social Market Economy, from its inception following World War II, up to the recent Agenda 2010 reforms enacted under the administration of Chancellor Gerhard Schroder. It is the purpose of this work to explore why the German Social Market System enjoyed such a high degree of success in its early years, and which flaws might be causing the chronic problems of low growth and high unemployment that have plagued Germany more recently. In particular, the paper argues that a high-cost and highly inflexible labor market resulting from Germany's system of …


Beurs In The Hood: Coming Of Age In The Banlieue, Lauran Elam Jan 2006

Beurs In The Hood: Coming Of Age In The Banlieue, Lauran Elam

Inquiry: The University of Arkansas Undergraduate Research Journal

In November of 2005, riots broke out throughout the housing projects located in the suburbs of the major cities of France. This focused worldwide attention on the largely Muslim immigrant communities in France, and on the failure of the French government to fully integrate individuals of foreign extraction, namely Beurs. The term "Beur" is the French word "Arabe" reversed by language called Verlan that plays on French in much the same way that Pig Latin plays on English. Today "Beur" refers to the children of North African immigrants living in France who are, for the most pan, isolated to the …


Strange Bedfellows: The Bolshevik-Molokanye Relationship, Jesse Adkins Jan 2005

Strange Bedfellows: The Bolshevik-Molokanye Relationship, Jesse Adkins

Inquiry: The University of Arkansas Undergraduate Research Journal

No abstract provided.


Double Victims: Fictional Representatives Of Women In The Holocaust, Shauna Copeland Jan 2003

Double Victims: Fictional Representatives Of Women In The Holocaust, Shauna Copeland

Inquiry: The University of Arkansas Undergraduate Research Journal

Traditional Holocaust studies have largely overlooked women's unique voices, instead treating the eloquent and moving narratives of such renowned authors as Elie Wiesel and Tadeusz Borowski as definitive sources on "the" Holocaust experience. Recently, scholars have addressed the absence of women's voices in Holocaust studies, arguing that women's experiences, and their reactions to those experiences, were in fact very different from those of men. This topic is a controversial one, and some scholars argue that women's suffering should not be focused upon in the context of an event that sentenced all Jews to death. With such controversy surrounding this issue, …


A World Of Their Own: Woman And Folklore In Inter-War Britain, Natalie Holub Jan 2002

A World Of Their Own: Woman And Folklore In Inter-War Britain, Natalie Holub

Inquiry: The University of Arkansas Undergraduate Research Journal

The period between the First and Second World Wars was an unsettling time for women in Great Britain. After the First World War, the media, governmental acts, and everyday society urged women to return to the home. This was an especially difficult concept for women to accept after they had played a very public role during the war actively contributing to the war effort. My thesis explores three novels of interwar England that feature female characters seeking purpose in places outside of the traditional role of housewife. Ashe of Rings by Mary Butts, Harriet Hume by Rebecca West, and Lolly …


Figure, Image, And The Shape Of Time In Shakespeare's History Plays, Susan Walker Jan 2001

Figure, Image, And The Shape Of Time In Shakespeare's History Plays, Susan Walker

Inquiry: The University of Arkansas Undergraduate Research Journal

Shakespeare began his career as a dramatist by writing the first of a series of plays remarking upon English history from the Middle Ages through the reign of Henry VIII. Most notable of this historic chronicle are the eight plays, or two tetralogies, that dramatize the tumultuous period of civil conflict between 1399 and 1485. Some critics of Shakespeare's tetralogies have argued Shakespeare's intent to produce a single, unified, and providentially-ordered chronicle in which the deposition of Richard II may be viewed as the nascent event for the civil wars that culminated in Tudor accession to the crown. Nevertheless, more …


Medicine And Health Care In Later Medieval Europe: Hospitals, Public Health,, And Minority Medical Practitioners In English And German Cities, 1250-1450, Anna Terry Jan 2001

Medicine And Health Care In Later Medieval Europe: Hospitals, Public Health,, And Minority Medical Practitioners In English And German Cities, 1250-1450, Anna Terry

Inquiry: The University of Arkansas Undergraduate Research Journal

Hospitals and individual caregivers helped meet the physical and psychological needs of medieval people, just as they do today. My overall objective is to explain social and individual responses to disease within the context of Christian theology and the urban community, focusing on England and Germany in the period between 1250 and 1450. First I investigate social responses to disease, including hospitals and public health ordinances. Christianity mandated the care of the afflicted, yet physical and mental illness was associated with sin and divine punishment. Urban authorities often attempted to deal with plague outbreaks by imposing quarantines and strict regulations …


Cultural Atrocity Expressed In Cultural Art, Marlie Mcgovern Jan 2000

Cultural Atrocity Expressed In Cultural Art, Marlie Mcgovern

Inquiry: The University of Arkansas Undergraduate Research Journal

Some of the most horrific chapters in human history have involved an ethnic dimension, notably the centuries-long obliteration of traditional Nigerian cultures by European colonizers, the attempted destruction of European Jews in the Holocaust, and the World War ll decision to assault the Japanese with atomic bombs. The consequences of the above atrocities are not contained within temporal or cultural barriers, but hold profound and pervasive ramifications within contemporary society in its entirety. More recent conflicts in Africa, Southeast Asia and the Balkans reemphasize the horror and suffering brought about by cultural collisions. One of the most potent reactions to …


Intellectuals: A Critique, Leon J. Apt Jan 1966

Intellectuals: A Critique, Leon J. Apt

Journal of the Arkansas Academy of Science

No abstract provided.