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Articles 1 - 30 of 1804
Full-Text Articles in Law
Intimate Partner Violence And Family Dispute Resolution – Coercion, Capacity, And Control, Kelly Browe Olson
Intimate Partner Violence And Family Dispute Resolution – Coercion, Capacity, And Control, Kelly Browe Olson
Faculty Scholarship
Intimate partner violence (IPV) is one of the most complex issues that family dispute resolution (FDR) professionals encounter. Over one-third of women and one-quarter of men in the United States have experienced physical violence, rape, and/or stalking by an intimate partner in their lifetime (Black et al., 2011), and a majority of separation- and divorce-related cases involve IPV allegations (Ballard et al., 2011; Beck et al., 2010; Belzer, 2003). IPV often escalates, and is most dangerous, during and after separation and creates unique challenges for mediation and other collaborative processes (Beck & Raghaven, 2010; Kelly & Johnson, 2008). Therefore, all …
A Revised Perspective On Non-Debtor Releases, Joshua M. Silverstein
A Revised Perspective On Non-Debtor Releases, Joshua M. Silverstein
Faculty Scholarship
“Non-debtor releases” are bankruptcy orders that extinguish claims against a party other than a bankrupt debtor over the objection of the creditor. Also known as “third-party releases,” the legality of these orders is one of the most important and controversial issues in bankruptcy law specifically and business law generally. The split in the courts over the propriety of non-debtor releases stretches back thirty-five years. However, the United States Supreme Court is poised to resolve the split this term in the Purdue Pharma bankruptcy. In two prior articles published in 2006 and 2009, I argued that third-party releases are permissible under …
Trauma-Informed Policing: The Impact Of Adult And Childhood Trauma On Law Enforcement Officers, André Douglas Pond Cummings, Todd J. Clark, Caleb Gregory Conrad, Honorable Amy Dunn Johnson
Trauma-Informed Policing: The Impact Of Adult And Childhood Trauma On Law Enforcement Officers, André Douglas Pond Cummings, Todd J. Clark, Caleb Gregory Conrad, Honorable Amy Dunn Johnson
Faculty Scholarship
For every six months that a police officer serves in the line of duty, he or she is likely to experience an average of three traumatic events. Such events may include fatal accidents, murders, suicides, and active threats to the life of the officer or someone else. Given the wealth of available data on how trauma reorganizes the nervous system to respond to everyday stimuli as threatening, this is an area that cries for critical exploration, especially in light of the frequency with which unarmed Black civilians are killed at the hands of officers who often make split-second decisions to …
Ssrn’S Impact On Citations To Legal Scholarship And How To Maximize It, Rob Wiley, Melanie Kanpp
Ssrn’S Impact On Citations To Legal Scholarship And How To Maximize It, Rob Wiley, Melanie Kanpp
University of Arkansas at Little Rock Law Review
No abstract provided.
Disability Law—From Stair Flights To Websites: An Argument For Amending The Americans With Disabilities Act To Include Title Vi That Applies To Online Spaces, Amelia Hansel
University of Arkansas at Little Rock Law Review
No abstract provided.
Employment Law—Dazed And Confused: Arkansas Employers And The Arkansas Medical Marijuana Amendment Of 2016, Austin Powell
Employment Law—Dazed And Confused: Arkansas Employers And The Arkansas Medical Marijuana Amendment Of 2016, Austin Powell
University of Arkansas at Little Rock Law Review
No abstract provided.
Grabbing The Bull By The Horns: Jurisprudential, Ethical, And Other Lessons For Lawyers And Law Students In The Immigration Labyrinth And Beyond, Mark L. Jones
University of Arkansas at Little Rock Law Review
No abstract provided.
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.
Financial Innovation And Unforeseen Consequences: Spacs, Sec Lending, And Shorts, Christian A. Johnson
Financial Innovation And Unforeseen Consequences: Spacs, Sec Lending, And Shorts, Christian A. Johnson
University of Arkansas at Little Rock Law Review
Although publicly traded “special purpose acquisition companies” (SPAC) have been trading for decades, the effect of the unique shareholder rights found in SPAC shares should be fully studied and compared with the rights of publicly traded non-SPAC shares. Because of their differences, PAC shares will not necessarily behave in the same way as non-SPAC shares in certain situations. The short selling of SPAC shares offers a useful case study as well as lessons for regulators, investors, and short sellers about the unforeseen and unintended consequences of financial innovation in the other-wise understood corner of securities lending and short selling of …
Spac Regulation—Past, Present And Future, E. Ramey Layne, K. Stancell Haigwood
Spac Regulation—Past, Present And Future, E. Ramey Layne, K. Stancell Haigwood
University of Arkansas at Little Rock Law Review
No abstract provided.
Municipal Law—A Wedge In Climate Initiatives: How State Legislatures’ Preemption Of Local Government’S Role In Climate Change Policy And Arkansas’ Act 308 Of 2021 Are Misplaced., Travis Golliher
University of Arkansas at Little Rock Law Review
No abstract provided.
Spac Attack, Justin Kuehn
Spac Attack, Justin Kuehn
University of Arkansas at Little Rock Law Review
No abstract provided.
Top Ten Issues In De-Spac Securities Litigation, Wendy Gerwick Couture
Top Ten Issues In De-Spac Securities Litigation, Wendy Gerwick Couture
University of Arkansas at Little Rock Law Review
I am delighted to contribute to this symposium on special purpose acquisition companies (SPACs). The securities litigation associated with the de-SPAC transaction is at an early stage, but courts are already wrestling with a number of unsettled issues that cast a mirror on SPACs and the securities laws more broadly. As these issues are resolved, they will affect the future of de-SPAC transactions as well as the regulatory environment in which they operate. In this essay, I identify ten such issues, drawing from the pleadings, briefings, and hearings in pending de-SPAC securities cases, with the goal of highlighting the key …
Real Property Law—Easements—Why Arkansas Should Adopt The Uniform Easement Relocation Act., Adam Conrady
Real Property Law—Easements—Why Arkansas Should Adopt The Uniform Easement Relocation Act., Adam Conrady
University of Arkansas at Little Rock Law Review
No abstract provided.
Civil Rights Law—Preserving Female Athletics: Arkansas’S Fairness In Women’S Sports Act, Chandler Little Bray
Civil Rights Law—Preserving Female Athletics: Arkansas’S Fairness In Women’S Sports Act, Chandler Little Bray
University of Arkansas at Little Rock Law Review
No abstract provided.
Energy Law—The Green Squeeze: Net Metering’S Negative Externalities And Societal Consequences For The Poor, Steven Cox
Energy Law—The Green Squeeze: Net Metering’S Negative Externalities And Societal Consequences For The Poor, Steven Cox
University of Arkansas at Little Rock Law Review
No abstract provided.
Reclaiming Establishment: Identity And The ‘Religious Equality Problem’, Faraz Sanei
Reclaiming Establishment: Identity And The ‘Religious Equality Problem’, Faraz Sanei
Faculty Scholarship
Since at least 2017, the Court has implicitly recognized a right of equal access to generally available public benefits based on the beneficiary's religious identity or status. In Carson v. Makin (2022), the Court went a step further and, for the first time, concluded that the “status-use distinction lacks a meaningful application” in both theory and practice. It then held that restrictions on the use of public benefits for sacral purposes amount to religious discrimination because they impose substantial burdens on free exercise rights. Carson's holding, and the rationale underlying it, contravene settled case law and effectively gut the Establishment …
Taking Care With Text: "The Laws" Of The Take Care Clause Do Not Include The Constitution, And There Is No Autonomous Presidential Power Of Constitutional Interpretation, George Mader
Faculty Scholarship
“Departmentalism” posits that each branch of the federal government has an independent power of constitutional interpretation—all branches share the power and need not defer to one another in the exercise of their interpretive powers. As regards the Executive Branch, the textual basis for this interpretive autonomy is that the Take Care Clause requires the President to “take Care that the Laws be faithfully executed” and the Supremacy Clause includes the Constitution in “the supreme Law of the Land.” Therefore, the President is to execute the Constitution as a law. Or so the common argument goes. The presidential oath to “execute …
Is Title Vii A “Civility Code” Only For Union Activities?, L. Camille Hebert
Is Title Vii A “Civility Code” Only For Union Activities?, L. Camille Hebert
University of Arkansas at Little Rock Law Review
Changes to labor law by the National Labor Relations Board are nothing new; changes in Presidential administrations often result in changes to the law, based on differences in philosophy by new majorities of the Board toward the proper interpretation of the National Labor Relations Act. But in2020, the Board made a fundamental change to long-standing interpretations of the Act’s protections for union and other concerted activities, not based on the Act itself, but based on what it said were the mandates of the anti-discrimination laws for employers to prevent harassment and discrimination. The Board contended that the former context-driven standards …
Putin V. Zelensky: Reflections On Leadership, Global Order, And The Rule Of Law, Charles H. Brower Ii
Putin V. Zelensky: Reflections On Leadership, Global Order, And The Rule Of Law, Charles H. Brower Ii
University of Arkansas at Little Rock Law Review
No abstract provided.
Doing The Right Thing, The Right Way, The First Time: Decision-Making In Public And Private Arenas Regarding The Use Of Service Animals, Maureen E. Lally-Green, Annemarie Harr Eagle Esq., Bridget M. Green
Doing The Right Thing, The Right Way, The First Time: Decision-Making In Public And Private Arenas Regarding The Use Of Service Animals, Maureen E. Lally-Green, Annemarie Harr Eagle Esq., Bridget M. Green
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—School Choice: The Landscape After Espinoza V. Montana Department Of Revenue And Contemporary Political Polarization, Peter Hughes
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Fourth Amendment—Warrantless Key-Test Searches In Residential Door Locks, Jacob Hill
Constitutional Law—Fourth Amendment—Warrantless Key-Test Searches In Residential Door Locks, Jacob Hill
University of Arkansas at Little Rock Law Review
No abstract provided.
Employee Benefits Law—Shifting The Burden Out Of Neutral: Why Burden-Shifting Is Necessary In Erisa Breach Of Fiduciary Duty Claims, William G. Mcgrath
Employee Benefits Law—Shifting The Burden Out Of Neutral: Why Burden-Shifting Is Necessary In Erisa Breach Of Fiduciary Duty Claims, William G. Mcgrath
University of Arkansas at Little Rock Law Review
No abstract provided.
Employment Law—Just Let Them Handle It Amongst Themselves: An Argument In Favor Of Abandoning The Application Of The Lynn's Food Stores Standard To Flsa Settlement Agreements, Matthew C. Lewis
University of Arkansas at Little Rock Law Review
No abstract provided.
Criminal Procedure—Technology In The Modern Era: The Implications Of Carpenter V. United States And The Limits Of The Third-Party Doctrine As To Cell Phone Data Gathered Through Real-Time Tracking, Stingrays, And Cell Tower Dumps, Deepali Lal
University of Arkansas at Little Rock Law Review
No abstract provided.
A New Stage In The Struggle For Voting Rights, Lynn Adelman
A New Stage In The Struggle For Voting Rights, Lynn Adelman
University of Arkansas at Little Rock Law Review
No abstract provided.
Contract Law—Conspicuous Arbitration Agreements In Online Contracts: Contradictions And Challenges In The Uber Cases, Matthew Hoffman
Contract Law—Conspicuous Arbitration Agreements In Online Contracts: Contradictions And Challenges In The Uber Cases, Matthew Hoffman
University of Arkansas at Little Rock Law Review
No abstract provided.
The Racist Roots Of The War On Drugs And The Myth Of Equal Protection For People Of Color, André Douglas Pond Cummings, Steven A. Ramirez
The Racist Roots Of The War On Drugs And The Myth Of Equal Protection For People Of Color, André Douglas Pond Cummings, Steven A. Ramirez
University of Arkansas at Little Rock Law Review
By 2021, the costs and pain arising from the propagation of the American racial hierarchy reached such heights that calls for anti-racism and criminal justice reform dramatically expanded. The brutal murder of George Floyd by the Minneapolis police vividly proved that the social construction of race in America directly conflicted with supposed American values of equal protection under law and notions of basic justice. The racially-driven War on Drugs (WOD) fuels much of the dissonance between American legal mythology—such as the non-discrimination principle and the impartial administration of the rule of law—and the reality of race in the United States. …
Employment Law—Antidiscrimination—Falling Into The Legal Void: How Arkansas Can Protect Unpaid Interns From Discrimination And Harassment, Christina Redmann
Employment Law—Antidiscrimination—Falling Into The Legal Void: How Arkansas Can Protect Unpaid Interns From Discrimination And Harassment, Christina Redmann
University of Arkansas at Little Rock Law Review
No abstract provided.