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Articles 1 - 24 of 24
Full-Text Articles in Law
Bots, Bias And Big Data: Artificial Intelligence, Algorithmic Bias And Disparate Impact Liability In Hiring Practices, Mckenzie Raub
Bots, Bias And Big Data: Artificial Intelligence, Algorithmic Bias And Disparate Impact Liability In Hiring Practices, Mckenzie Raub
Arkansas Law Review
No abstract provided.
Green Supply Chain Management: A Perspective On Best Practices In Gscm Design, Leroy Paddock, Natasha Rao
Green Supply Chain Management: A Perspective On Best Practices In Gscm Design, Leroy Paddock, Natasha Rao
Arkansas Law Review
No abstract provided.
Reclaiming Energy Efficiency In An Age Of Petroleum Exclusion, Monika Ehrman
Reclaiming Energy Efficiency In An Age Of Petroleum Exclusion, Monika Ehrman
Arkansas Law Review
No abstract provided.
Food Sustainability In The Age Of Complex, Global Supply Chains, Steph Tai
Food Sustainability In The Age Of Complex, Global Supply Chains, Steph Tai
Arkansas Law Review
Food production has become more complex over time. Moreover, we are producing food in an increasingly global, rather than local, manner. How can demands for sustainability be reinforced in this age of complex, global supply chains? This essay focuses on three key features of the modern food supply chain: the variety of components, the complexity of the chain itself, and diversity of “enforcement” mechanisms in food production supply chains. These features suggest that traditional governmental tools (such as command and control measures) and contractual tools (such as performance standards) may not be sufficient to ensure sustainable production methods.
Board Rooms And Jail Cells: Assessing Ngo Approaches To Private Environmental Governance, Joshua Ulan Galperin
Board Rooms And Jail Cells: Assessing Ngo Approaches To Private Environmental Governance, Joshua Ulan Galperin
Arkansas Law Review
No abstract provided.
Contracting For Sustainable Surface Management, Tara Righetti
Contracting For Sustainable Surface Management, Tara Righetti
Arkansas Law Review
No abstract provided.
Keynote: Motivating Private Climate Governance: The Role Of The Efficiency Gap, Michael P. Vandenbergh
Keynote: Motivating Private Climate Governance: The Role Of The Efficiency Gap, Michael P. Vandenbergh
Arkansas Law Review
The topic of this symposium, “Environmental Sustainability and Private Governance,” is important and timely. In response to the shrinking federal role in environmental protection, many policy advocates have focused on the role of states and cities, but this symposium focuses on another important source of sustainability initiatives: the private sector, including corporations, households, civic and cultural organizations, religious organizations, private hospitals, colleges and universities, and other organizations. States, cities, and other subnational government responses are increasingly important, but the limited geographic reach of subnational governments constrains their ability to address many environmental problems. For instance, although twenty states have set …
Rights In A Cloud Of Dust: The Value And Qualities Of Farm Data And How Its Property Rights Should Be Viewed Moving Forward, Zachary R. Trail
Rights In A Cloud Of Dust: The Value And Qualities Of Farm Data And How Its Property Rights Should Be Viewed Moving Forward, Zachary R. Trail
Arkansas Law Review
Historically, technology growth has been slower in agriculture than other industries. However, a rising demand for food and an increase in efficient farm practices has changed this, leading to a rise in precision farming technologies. Now, entities that provide services or information to farmers need precision farming technologies to compete, and more farmers are adopting precision farming technologies. These technologies help farmers, but questions still remain about ownership rights in the data that farmers create.
Admission Of Deaf Soldiers To The Military: Rethinking The "Undifferentiated Soldier" Paradigm, Michael Schwartz
Admission Of Deaf Soldiers To The Military: Rethinking The "Undifferentiated Soldier" Paradigm, Michael Schwartz
Arkansas Law Review
Keith Nolan, a deaf man with undergraduate and graduate degrees, asked to be admitted to military training to become a uniformed American soldier. The military said no, and the issue was joined. Nolan’s application presents the Department of Defense (DOD) with an opportunity to reconsider its historical bar to people who are deaf. The Article suggests a new paradigm in thinking about the selection criteria used to screen out deaf applicants for military service, a paradigm rooted in a disability studies framework. With a few exceptions in the Civil War, the United States armed forces have barred people with disabilities, …
Moral Context And Risks Of Death, Dov Waisman
Moral Context And Risks Of Death, Dov Waisman
Arkansas Law Review
When an industry poses a risk of premature death to consumers, workers, or others, regulatory agencies employ a figure known as the “value of a statistical life” (VSL) to monetize the life-saving benefit of regulations designed to reduce that risk. Use of the VSL, which currently hovers around $9 million, has been highly controversial. While a number of prominent scholars have vigorously endorsed the VSL as necessary to the cost-benefit analysis of mortality risk regulations, other prominent scholars have vehemently rejected the very idea of attaching a monetary value to a statistical human life. This article stakes out a novel …
Employment By Design: Employees, Independent Contractors And The Theory Of The Firm, Richard R. Carlson
Employment By Design: Employees, Independent Contractors And The Theory Of The Firm, Richard R. Carlson
Arkansas Law Review
Employment laws protect “employees” and impose duties on their “employers.” In the modern working world, however, “employee” and “employer” status is not always clear. The status of some workers and the firms they serve can be ambiguous, especially when the workers work as individuals not organized as firms. Individual workers might be “employees,” but they might also be self-employed individuals working as “independent contractors.” Even if it is clear that workers are someone’s “employees,” the identity of the employer can be unclear. If one firm pays “employees” to work mainly or exclusively for another firm that pays the first firm …
What Does Law Have To Do With It? The Jury's Role In Cases Alleging Violations Of Law, Custom And Standards, Barbara Kritchevsky
What Does Law Have To Do With It? The Jury's Role In Cases Alleging Violations Of Law, Custom And Standards, Barbara Kritchevsky
Arkansas Law Review
Rules telling people how to act come from many sources. Statutory law governs a wide range of conduct—driving an auto-mobile, operating a business, building a home. Non-governmental standards reach just as far. Individuals run their businesses in accordance with the law, but also by observing professional standards and industry customs. A hotel owner might look to state or local law to determine how to fence the hotel pool or whether to have a lifeguard on duty. The owner might also decide what to do by looking to industry customs or non-govern-mental safety guidelines, such as those a private body has …
Incapacity And The Infancy Illation, Ralph C. Brashier
Incapacity And The Infancy Illation, Ralph C. Brashier
Arkansas Law Review
As the population of elderly Americans swells in coming decades, growing numbers of citizens will experience some degree of cognitive incapacity and require the assistance of surrogate decision-makers. Consequently, the decisions of guardians, conservators, and agents will become increasingly important. Experts have frequently noted that, despite modern reforms, doctrines concerning surrogate decision-making are problematic and often do not result in outcomes that maximize autonomy and promote respect for the unique personhood of the adult with diminished capacity. Unlike other writings that seek to refashion or clarify surrogate decision-making statutes and standards, this Article suggests that a more fundamental problem lies …
Low-Income Fathers, Adoption, And The Biology Plus Test For Paternal Rights, Lacey Johnson
Low-Income Fathers, Adoption, And The Biology Plus Test For Paternal Rights, Lacey Johnson
Arkansas Law Review
No abstract provided.
Originalism’S Claims And Their Implications, André Leduc
Originalism’S Claims And Their Implications, André Leduc
Arkansas Law Review
In this article I explore six of the most fundamental disagreements between originalism and its critics over originalism’s implications. These implications—and the implications of the critics’ alternatives—figure prominently in the arguments advanced in the debate. Reconstructing these arguments in their strongest possible form permits the confusion and misdirection in the debate over originalism to emerge. First, originalism argues that it best comports with our republican democracy. Judicial review, performed by unelected judges with lifetime appointments, may appear inconsistent with the fundamental principles of our democratic republic. Originalism argues that deference to the original understandings or expectations with respect to the …
Citation Literacy, Alexa Z. Chew
Citation Literacy, Alexa Z. Chew
Arkansas Law Review
Citation literacy is the ability to read and write citations.[1] That’s it. The rest of this article will unpack what’s in those ten words and why they matter.
Solving Sewer Service: Fighting Fraud With Technology, Adrian Gottshall
Solving Sewer Service: Fighting Fraud With Technology, Adrian Gottshall
Arkansas Law Review
Fraudulently obtained default judgments ruin lives. Many defendants are ignorant of their cases and therefore do not ap-pear for court. Defendants suffer dire consequences as victims of falsified service of process. They learn of their lawsuits after their wages are garnished, assets seized, or when their poor credit precludes them from obtaining housing or a new job. For decades, fraudulent service of process has been wide-spread in high volume court dockets, such as landlord and ten-ant, debt collection, and small claims matters. Judgments granted to the debt collector plaintiff disproportionately affect low-income communities of color. Some plaintiffs obtained such judgments …
Improving The Indigent Defense Crisis Through Decriminalization, Bryan Altman
Improving The Indigent Defense Crisis Through Decriminalization, Bryan Altman
Arkansas Law Review
“The Sixth Amendment stands as a constant admonition that if the constitutional safeguards it provides be lost, justice will not still be done.” The constitutional right to the assistance of counsel in criminal prosecutions is one of the many safeguards contained within the Sixth Amendment designed to protect the fundamental human rights of life and liberty. Unfortunately, for indigent defendants that safeguard of life and liberty operates as a mere platitude today. Stephen Bright, founder of the Southern Center for Human Rights, has bleakly summarized the crisis of indigent defense, noting that while the right to counsel is widely celebrated, …
Civil Society And Cybersurveillance, Andrew Mccanse Wright
Civil Society And Cybersurveillance, Andrew Mccanse Wright
Arkansas Law Review
There is no such thing as benign surveillance. It always comes with costs because of the chill it visits upon conduct, education, associations, and expression. Government surveillance has been magnified by cybersurveillance in the Digital Age to a degree unimaginable by the Founders of the United States of America.
Zika, Pregnancy, And The Law, Sam F. Halabi
Zika, Pregnancy, And The Law, Sam F. Halabi
Arkansas Law Review
The public health emergency surrounding the spread of the Zika virus has resurrected and brought into sharp relief some of the most vexing questions surrounding the relationship between pregnancy and law: the appropriate circumstances, if any, in which fetal tissue research is permissible; when and how the government may sponsor statements intended to influence reproductive decisions; and how to balance the health and rights of both women and their unborn children when health threats target both.
The Holding-Dictum Spectrum, Andrew C. Michaels
The Holding-Dictum Spectrum, Andrew C. Michaels
Arkansas Law Review
Presumably, the terms holding and dictum have some objective meaning. One would not say, “I do not agree with this statement, so it is dictum.” One might say, “This statement is dictum, so it is not binding.” So what, then, is dictum? More specifically, to what extent does the breadth of a generalization affect its status as holding or dictum?
Do It In The Sunshine: A Comparative Analysis Of Rulemaking Procedures And Transparency Practices Of Lawyer-Licensing Entities, Bobbi Jo Boyd
Do It In The Sunshine: A Comparative Analysis Of Rulemaking Procedures And Transparency Practices Of Lawyer-Licensing Entities, Bobbi Jo Boyd
Arkansas Law Review
Regulation of occupational licensing has garnered national attention. During the last sixty years, the number of occupations regulated by governmental entities has notably increased. As the number of regulated occupations increases, employment opportunities and wages for individuals who cannot afford or otherwise meet licensing requirements decrease.
Fostering Innovation And Entrepreneurship: Shark Tank Shouldn't Be The Model, Brian Kingsley Krumm
Fostering Innovation And Entrepreneurship: Shark Tank Shouldn't Be The Model, Brian Kingsley Krumm
Arkansas Law Review
For the past half century, innovation has driven the economic growth that has made the American economy the envy of the world. For most of this period, venture capitalists provided not only the capital that new innovative companies needed, but also the management expertise.
Brandright, Jessica M. Kiser
Brandright, Jessica M. Kiser
Arkansas Law Review
Trademark law is guilty of overprotection. This overprotection pits both a company’s in-house attorneys against its own marketing professionals and the company itself against its most loyal customers. The result appears illogical, at best, to consumers witnessing the effects of this clash between a company’s marketing needs and perceived legal requirements.