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Articles 1 - 12 of 12
Full-Text Articles in Law
Recognizing The Accomplishments Of Ade Commissioner Ken James, Nathan C. Jensen, Gary W. Ritter
Recognizing The Accomplishments Of Ade Commissioner Ken James, Nathan C. Jensen, Gary W. Ritter
Policy Briefs
This summer, Dr. Ken James announced his resignation as Education Commissioner at the Arkansas Department of Education (ADE). Dr. James’ last day was June 30, 2009 and Diana Julian stepped in as interim commissioner. Today, Governor Mike Beebe announced Tom Kimbrell as his choice for the next commissioner. As we await the official appointment of the new commissioner, the OEP felt it was appropriate to highlight Dr. James’ contributions to Arkansas education.
Oep Welcomes New Commissioner: Tom Kimbrell, Nathan C. Jensen, Gary W. Ritter
Oep Welcomes New Commissioner: Tom Kimbrell, Nathan C. Jensen, Gary W. Ritter
Policy Briefs
The Office for Education Policy is excited to welcome the new Arkansas Education Commissioner – Dr. Tom Kimbrell.
Competing In The Federal Race To The Top, Nathan C. Jensen, Gary W. Ritter
Competing In The Federal Race To The Top, Nathan C. Jensen, Gary W. Ritter
Policy Briefs
The federal Race to the Top is a national competition between states intended to support education reform and innovation in classrooms. States at the forefront of school reform are eligible to compete for $4.3 billion in Race to the Top grants. Since this is a competitive grant, it is possible that some states will not receive awards, and President Obama assures that “politics won’t come into play.”
What Is Highly Qualified For Arkansas Teachers?, Nathan C. Jensen, Gary W. Ritter
What Is Highly Qualified For Arkansas Teachers?, Nathan C. Jensen, Gary W. Ritter
Policy Briefs
In response to the No Child Left Behind Act of 2001, state departments of education, including the Arkansas Department of Education (ADE), established rules to define a “highly qualified” teacher (HQT). While the spirit of this provision is clear and reasonable, the devil is, of course, in the details. That is, what exactly does highly qualified mean? Observers had good reason to be suspicious early on when many states claimed to have 95% or more of teachers being highly qualified. (For instance, according to Education Commission of the States, 100% of North Dakota teachers are considered highly qualified and 14 …
Basic Arkansas Intestate Succession, Rights Of Surviving Spouses, And Related Curative Techniques For Lawyers And Landmen, J. Mark Robinette Jr.
Basic Arkansas Intestate Succession, Rights Of Surviving Spouses, And Related Curative Techniques For Lawyers And Landmen, J. Mark Robinette Jr.
Annual of the Arkansas Natural Resources Law Institute
Mineral interests may lay dormant for decades before becoming productive. In the interim, however, the owners of these interests do not lay dormant. They live long lives, marry, have children, and eventually, they die. Some of these persons have well-laid estate plans, know the nature and extent of their property, and upon their departure to the hereafter, leave their affairs in meticulous order with no question of who is entitled to what and where. Others depart this life leaving little more than a treasure map and their descendants. Generations and many lines of persons descended from one severed mineral owner …
Case Law Update & Litigation Trends, Thomas A. Daily
Case Law Update & Litigation Trends, Thomas A. Daily
Annual of the Arkansas Natural Resources Law Institute
With one exception, the severance tax, it has been a pretty quiet year so far in Arkansas, though, with the legislature in session, that could change any minute. Luckily, cases from other states more than fill the void. Here we go!
Help Wanted: Seeking One Good Appellate Brief That Forces The Arkansas Supreme Court To Clarify Its Criminal Discovery Jurisprudence, Brian Gallini
Help Wanted: Seeking One Good Appellate Brief That Forces The Arkansas Supreme Court To Clarify Its Criminal Discovery Jurisprudence, Brian Gallini
School of Law Faculty Publications and Presentations
This Essay first argues that Arkansas has yet to conclusively articulate when a prosecutorial suppression of evidence in response to defense counsel's discovery request violates either the federal or state due process clauses, or the state rules of criminal procedure. More importantly, however, this Essay contends that the Arkansas Supreme Court should require prosecutors to turn over all statements in response to a specific discovery request even if those statements are only arguably “material” and “favorable to the accused.” Doing so would provide to defendants more protection pursuant to the Arkansas Constitution than they now enjoy under the Federal Constitution.Part …
From Philly To Fayetteville: Reflections On Teaching Criminal Law In The First Year, Brian Gallini
From Philly To Fayetteville: Reflections On Teaching Criminal Law In The First Year, Brian Gallini
School of Law Faculty Publications and Presentations
How exactly should we teach the first-year criminal law course? How many credits should the course receive? What should go in the syllabus? How much of what is in the syllabus must be covered? In this essay, I humbly offer some thoughts – from the “newbie’s” standpoint – for your consideration in response to each of these questions. I conclude with some limited comments (reminders?) directed gently to my senior colleagues about teaching this generation of first-year law students.
Step Out Of The Car: License, Registration, And Dna Please, Brian Gallini
Step Out Of The Car: License, Registration, And Dna Please, Brian Gallini
School of Law Faculty Publications and Presentations
No Arkansas appellate court has examined the constitutionality of the recently enacted House Bill 1473 – better known as “Juli’s Law” – which allows officers to take DNA samples from suspects arrested for capital murder, murder in the first degree, kidnapping, sexual assault in the first degree, and sexual assault in the second degree. This Essay contends that Juli’s Law violates the Fourth Amendment of the federal constitution. Part I highlights certain features of the statute and explores the rationale underlying its enactment. Part II discusses the only published decision upholding the practice of taking of DNA samples from certain …
Driving Through Arkansas? Have Your Dna Sample Ready, Brian Gallini
Driving Through Arkansas? Have Your Dna Sample Ready, Brian Gallini
School of Law Faculty Publications and Presentations
No Arkansas appellate court has examined the constitutionality of the recently enacted House Bill 1473 – better known as “Juli’s Law” – which allows officers to take DNA samples from suspects arrested for capital murder, murder in the first degree, kidnapping, sexual assault in the first degree, and sexual assault in the second degree. This brief essay contends that Juli’s Law violates the Fourth Amendment of the federal constitution.
The Arkansas Code Of Judicial Conduct Of 2009, Howard Brill
The Arkansas Code Of Judicial Conduct Of 2009, Howard Brill
School of Law Faculty Publications and Presentations
With its Per Curiam Order of April 23, 2009, the Supreme Court brought closure to a two year process, and adopted a new Code of Judicial Conduct, effective July 1, 2009. The Code, no binding on all Arkansas judges and judicial candidates, is the third Code to provide guidance and a basis for discipline. The Code, the result of 18 months of work, is strikingly different in its format from the predecessor, but markedly little changed from the substance of the prior Code.
Bakke, With Teeth?: The Implications Of Grutter V. Bollinger In An Outcomes-Based World, Ann Killenbeck
Bakke, With Teeth?: The Implications Of Grutter V. Bollinger In An Outcomes-Based World, Ann Killenbeck
School of Law Faculty Publications and Presentations
The article focuses on the issue concerning the debate on affirmative action and diversity rationale among colleges and universities in the U.S. It examines the diversity at the University of Michigan in the light of the two cases slated, Grutter v. Bollinger and Gratz v. Bollinger, concerning its admission policies. It also discusses the implications and consequences accompanied in adopting specific educational policies. Also, it highlights the value of social sciences that drive these issues.