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Legislative Update From The 94th General Assembly: Arkansas Bills Affecting Pregnant And Postpartum Mothers, Garrett Bannister May 2023

Legislative Update From The 94th General Assembly: Arkansas Bills Affecting Pregnant And Postpartum Mothers, Garrett Bannister

Arkansas Law Notes

In the wake of the U.S. Supreme Court’s landmark decision, Dobbs v. Jackson Women’s Health Org., the State of Arkansas was swift in restricting almost all abortions in the Natural State. Arkansas’s decision was met with plaudits from its supporters and reproval by its dissenters. In this unchartered legal territory, Arkansas’s 94th General Assembly—the first legislative session in the wake of Dobbs—has passed and proposed several bills that would provide pregnant and postpartum mothers and their children with medical and financial assistance. Specifically, these bills would provide pregnant and new mothers with health screenings, help high school-aged parents …


To Meet Or Not To Meet, That Is The Question: An Analysis Of The Meeting Requirement Of The Arkansas Freedom Of Information Act, Jerry L. Canfield May 2023

To Meet Or Not To Meet, That Is The Question: An Analysis Of The Meeting Requirement Of The Arkansas Freedom Of Information Act, Jerry L. Canfield

Arkansas Law Notes

The Arkansas Freedom of Information Act (“FOIA”) of 1967 provides open public access to “all meetings, formal and informal, special or regular, of the governing bodies of all municipalities, counties, townships, and school districts and all boards, bureaus, commissions, or organizations of the State of Arkansas.” Through the years, FOIA’s open meetings provision has been amended as to executive sessions, to provide for recording of meetings, and to provide for meetings via electronic means in the event of a declared disaster emergency. However, the basic requirement that meetings of governing bodies be open to the public has remained unchanged since …


A Rising Tide: An Argument For Requiring Municipal Liability Insurance For Public Utility Services In Arkansas, Christopher Brown Apr 2023

A Rising Tide: An Argument For Requiring Municipal Liability Insurance For Public Utility Services In Arkansas, Christopher Brown

Arkansas Law Notes

Municipalities can contribute to sanitary sewer overflows through negligent maintenance, poor design, intrusion on sewer lines, and failure to replace aging sewer systems.Throughout the United States, an aging wastewater system is currently failing and is expected to degrade further, which contributes to sewage backups into residences. Arkansas is one of two states in the United States that prevents a resident from recovering damages from an overflow due to the negligent design or maintenance of sewage utilities by a municipality via statute. This Comment argues for a “middle ground” solution, whereby Arkansas municipalities should be required to obtain liability insurance sufficient …


A New Wound For Old Scars: Why Act 1036 Of 2021 Is Unconstitutional And Why The Arkansas Retroactive-Legislation Doctrine Should Change, Bryce Jefferson Feb 2023

A New Wound For Old Scars: Why Act 1036 Of 2021 Is Unconstitutional And Why The Arkansas Retroactive-Legislation Doctrine Should Change, Bryce Jefferson

Arkansas Law Notes

In 2021, the Arkansas General Assembly overwhelmingly approved Act 1036, the Justice for Vulnerable Victims of Sexual Abuse Act. This Act amends the statute of limitations for “vulnerable victims” of sexual abuse. The Act allows a person who was either disabled, a minor, or both at the time he or she was a victim of sexual abuse to bring a civil action against an alleged abuser until the age of fifty-five (55)—replacing the former statutory age limit of twenty-one (21). The Act also revives previously time-barred claims for a period not earlier than six (6) months after and not later …