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Articles 1 - 30 of 36
Full-Text Articles in Law
Civil Procedure—Dukes Commonality Standard—Factors That Courts Should Weigh In Employment Discrimination Class Actions—Wal-Mart Stores, Inc. V. Dukes, 564 U.S. 338 (2011), Anuj Teotia
University of Arkansas at Little Rock Law Review
No abstract provided.
Property Law And Civil Procedure--Establishing Precedent For Afha Enforcement And Revising Arkansas's Law On Punitive Damages. Watkins V. Turner, 2016 Ark. App. 158, 2016 Wl 903765, Tasha L. Strickland
Property Law And Civil Procedure--Establishing Precedent For Afha Enforcement And Revising Arkansas's Law On Punitive Damages. Watkins V. Turner, 2016 Ark. App. 158, 2016 Wl 903765, Tasha L. Strickland
University of Arkansas at Little Rock Law Review
No abstract provided.
"Hacking" Service Of Process: Using Social Media To Provide Constitutionally Sufficient Notice Of Process, Angela Upchurch
"Hacking" Service Of Process: Using Social Media To Provide Constitutionally Sufficient Notice Of Process, Angela Upchurch
University of Arkansas at Little Rock Law Review
No abstract provided.
Lay Witness Opinion Testimony On Mental State And Depression: A Call For Reform, Adam Santeusanio
Lay Witness Opinion Testimony On Mental State And Depression: A Call For Reform, Adam Santeusanio
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Arkansas’S Current Procedural Rulemaking Conundrum: Attempting To Quell The Political Discord, Sevawn Foster
Constitutional Law—Arkansas’S Current Procedural Rulemaking Conundrum: Attempting To Quell The Political Discord, Sevawn Foster
University of Arkansas at Little Rock Law Review
No abstract provided.
Civil Procedure—Reassessing Personal Jurisdiction In Arkansas And The Eighth Circuit After Goodyear Dunlop Tires Operations V. Brown, 131 S. Ct. 2846 (2011) And J. Mcintyre Machinery, Ltd. V. Nicastro, 131 S. Ct. 2780 (2011)., Kathy Mccarroll
University of Arkansas at Little Rock Law Review
No abstract provided.
Civil Procedure—Be More Specific: Vague Precedents And The Differing Standards By Which To Apply “Arises Out Of Or Relates To” In The Test For Specific Personal Jurisdiction, Ryne H. Ballou
University of Arkansas at Little Rock Law Review
No abstract provided.
Civil Procedure—Property Improvement Claims—A History And Recommendation For Arkansas's Lone True Statute Of Repose, Luke K. Burton
Civil Procedure—Property Improvement Claims—A History And Recommendation For Arkansas's Lone True Statute Of Repose, Luke K. Burton
University of Arkansas at Little Rock Law Review
Determining the proper defendant for construction defects is largely dependent on the timing of the defect. Particularly, the sooner the defect develops after completion, the more likely that someone involved in the construction process is responsible. However, as time passes from the completion of construction to the development of a problem, it is more likely that the problems are the result of ordinary wear and tear rather than defective design or construction. Ark. Code Ann. § 16-56-112 (Statute) was enacted to manage these issues of timing and responsibility for construction defects by providing that homeowners may not bring suit against …
Civil Procedure And Contract Law—Contractual Forum-Selection Clauses In Erie Cases: More Than Substance Or Procedure, James C. Mcneal
Civil Procedure And Contract Law—Contractual Forum-Selection Clauses In Erie Cases: More Than Substance Or Procedure, James C. Mcneal
University of Arkansas at Little Rock Law Review
The enforceability of forum-selection clauses is one of the most litigated jurisdictional issues in federal district courts. In a globalized society, forum-selection clauses reduce uncertainty. However, they present unique problems and, although they are liberally enforced by state and federal courts, forum-selection clauses are not always enforced by the forum court. Enforcement of forum-selection clauses is especially complex in diversity actions in federal court.
Forum-selection clauses appear substantive and often have substantive effects; however, they operate procedurally. Federal courts unanimously hold that the validity of a forum-selection clause is a procedural question and therefore the question of validity is decided …
Untangling Jurisdiction And Contract Scope Issues Within Intellectual Property Licenses, Brandon Beam
Untangling Jurisdiction And Contract Scope Issues Within Intellectual Property Licenses, Brandon Beam
University of Arkansas at Little Rock Law Review
Copyright license cases pose difficult issues regarding the mixture of federal copyright law and state contract law for courts and commentators alike. Specifically, a split exists over which cases "arise under" federal copyright law. This complication is compounded by the difficulty in predicting federal preemption of state contract law.
In an effort to stabilize these complications, this comment recommends an approach of split sovereignty that would empower different systems to control the areas they are designated to regulate. In particular, the author suggests that procedural issues in copyright license cases should be clarified by (1) governing exclusive federal jurisdiction under …
Vacatur Of Arbitration Awards: The Poor Loser Problem Or Loser Pays?, Stanley A. Leasure
Vacatur Of Arbitration Awards: The Poor Loser Problem Or Loser Pays?, Stanley A. Leasure
University of Arkansas at Little Rock Law Review
In B. L. Harbert International, LLC. v. Hercules Steel Co., decided in February 2006, the Eleventh Circuit Court of Appeals took the opportunity to express its "exasperation" with the growing tendency of losing parties in arbitration disputes to take a "never-say-die attitude" in the pursuit of vacatur of arbitral decisions "without any real legal basis for doing so" and its concern for the concomitant threat to the underlying purposes of the Federal Arbitration Act (FAA).
Applying the Harbert "any real legal basis" requirement raises several concerns that can be assuaged only by courts' commitment to focus on balancing following two …
A Practitioner's Guide To Arkansas's New Judicial Article, Larry Brady, J.D. Gingerich
A Practitioner's Guide To Arkansas's New Judicial Article, Larry Brady, J.D. Gingerich
University of Arkansas at Little Rock Law Review
No abstract provided.
The Right To Trial By Jury In Arkansas After Merger Of Law And Equity, John J. Watkins
The Right To Trial By Jury In Arkansas After Merger Of Law And Equity, John J. Watkins
University of Arkansas at Little Rock Law Review
No abstract provided.
Supreme Court Of Arkansas Rule 4-3(J): No-Merit Briefs In Arkansas And The Need To Amend The Rule, Jeffrey A. Weber
Supreme Court Of Arkansas Rule 4-3(J): No-Merit Briefs In Arkansas And The Need To Amend The Rule, Jeffrey A. Weber
University of Arkansas at Little Rock Law Review
No abstract provided.
Revised Rule 55 Revisited, John T. Holleman Iv
Revised Rule 55 Revisited, John T. Holleman Iv
University of Arkansas at Little Rock Law Review
No abstract provided.
Abstracting The Record, Terry Crabtree
Abstracting The Record, Terry Crabtree
University of Arkansas at Little Rock Law Review
No abstract provided.
Civil Procedure—The End Of The Class Action In Multi-Taxpayer Litigation Seeking Refunds Of State Taxes. Acw Inc. V. Weiss, 329 Ark. 302, 947 S.W.2d 770 (1997)., Joey Nichols
University of Arkansas at Little Rock Law Review
No abstract provided.
Evidence—Scientific Evidence: Standard Of Review Raises Questions Of Fit. General Electric Co. V. Joiner, 118 S. Ct. 512 (1997)., Russell D. Marlin
Evidence—Scientific Evidence: Standard Of Review Raises Questions Of Fit. General Electric Co. V. Joiner, 118 S. Ct. 512 (1997)., Russell D. Marlin
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Single Hiring Decisions And Municipal Entities: The United States Supreme Court's Latest Safeguard Against Municipal Liability Under 42 U.S.C. §1983. Board Of The County Comm'rs V. Brown, 117 S. Ct. 1382 (1997)., J. Matthew Mauldin
University of Arkansas at Little Rock Law Review
No abstract provided.
Proposed Arkansas Model Fraud Jury Instructions (Unofficial Working Draft), Charles D. Harrison, Roger D. Rowe, William A. Waddell Jr.
Proposed Arkansas Model Fraud Jury Instructions (Unofficial Working Draft), Charles D. Harrison, Roger D. Rowe, William A. Waddell Jr.
University of Arkansas at Little Rock Law Review
No abstract provided.
Proposed Arkansas Model Contract Jury Instructions (Unofficial Preliminary Draft For Comments), William A. Waddell Jr., Matthew Horan, Stanley Rauls, Steven Rowell
Proposed Arkansas Model Contract Jury Instructions (Unofficial Preliminary Draft For Comments), William A. Waddell Jr., Matthew Horan, Stanley Rauls, Steven Rowell
University of Arkansas at Little Rock Law Review
No abstract provided.
The Continuous Representation Doctrine: Must You Sue Your Lawyer While She Still Represents You, Timothy O. Dudley
The Continuous Representation Doctrine: Must You Sue Your Lawyer While She Still Represents You, Timothy O. Dudley
University of Arkansas at Little Rock Law Review
No abstract provided.
New Wine In An Old Bottle—Arkansas's Liberalized Class Action Procedure—A Boon To The Consumer Class Action?, Kenneth S. Gould
New Wine In An Old Bottle—Arkansas's Liberalized Class Action Procedure—A Boon To The Consumer Class Action?, Kenneth S. Gould
University of Arkansas at Little Rock Law Review
No abstract provided.
Procedure—Sanctions—Federal Procedural Rules Do Not Displace Inherent Powers Of Court To Award Attorney's Fees For Bad Faith Conduct. Chambers V. Nasco, Inc., 111 S. Ct. 2123 (1991)., Goodloe Partee
University of Arkansas at Little Rock Law Review
No abstract provided.
Civil Procedure—Arkansas Rule Of Civil Procedure 53(B)—An End To The Use Of Special Referees In Arkansas. Hutton V. Savage, Richard E. Olszewski
Civil Procedure—Arkansas Rule Of Civil Procedure 53(B)—An End To The Use Of Special Referees In Arkansas. Hutton V. Savage, Richard E. Olszewski
University of Arkansas at Little Rock Law Review
No abstract provided.
Civil Procedure—Class Actions—Trial Courts Have Broad Discretion To Certify Classes. International Union Of Electric Radio And Machine Workers V. Hudson, 295 Ark. 107, 747 S.W.2d 81 (1988)., Sarah Wilson
University of Arkansas at Little Rock Law Review
No abstract provided.
Civil Procedure—Jurisdiction—County Court Has Jurisdiction In Bastardy Cases, Laura Garton Wiltshire
Civil Procedure—Jurisdiction—County Court Has Jurisdiction In Bastardy Cases, Laura Garton Wiltshire
University of Arkansas at Little Rock Law Review
No abstract provided.
Appellate Procedure—Orders Disqualifying Counsel Are Not Immediately Appealable Under The Collateral Order Exception To 28 U.S.C. Section 1291, Troy Anthony Price
Appellate Procedure—Orders Disqualifying Counsel Are Not Immediately Appealable Under The Collateral Order Exception To 28 U.S.C. Section 1291, Troy Anthony Price
University of Arkansas at Little Rock Law Review
No abstract provided.
Civil Procedure—Collateral Estoppel—The Evolution Of Collateral Estoppel In Arkansas: Is Mutuality Of Estoppel An Anachronism, Ronald Carl Wilson
Civil Procedure—Collateral Estoppel—The Evolution Of Collateral Estoppel In Arkansas: Is Mutuality Of Estoppel An Anachronism, Ronald Carl Wilson
University of Arkansas at Little Rock Law Review
No abstract provided.
Civil Procedure—Minimum Contacts—Eighth Circuit Survey, George P. Nelson
Civil Procedure—Minimum Contacts—Eighth Circuit Survey, George P. Nelson
University of Arkansas at Little Rock Law Review
No abstract provided.