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Full-Text Articles in Law

Property Law—Beyond Repair: The Persistent Unconstitutionality Of The Failure To Vacate Statute, Colin Boyd Mar 2022

Property Law—Beyond Repair: The Persistent Unconstitutionality Of The Failure To Vacate Statute, Colin Boyd

University of Arkansas at Little Rock Law Review

No abstract provided.


Ethical And Aggressive Appellate Advocacy: The Decision To Petition For Certiorari In Criminal Cases, J. Thomas Sullivan Sep 2020

Ethical And Aggressive Appellate Advocacy: The Decision To Petition For Certiorari In Criminal Cases, J. Thomas Sullivan

Faculty Scholarship

Over the past six decades, United States Supreme Court decisions have dramatically reshaped the criminal justice process to provide significant protections for defendants charged in federal and state proceedings, reflecting a remarkable expansion of due process and specific constitutional guarantees. For criminal defendants seeking relief based on recognition of new rules of constitutional criminal procedure, application of existing rules or precedent to novel factual scenarios, or in some cases, enforcement of existing precedent, obtaining relief requires further action on the Court’s part. In those situations, the Court’s exercise of its certiorari jurisdiction is the exclusive remedy offering an avenue for …


Enhanced Campaing Finance Disclosure And Recusal Rules To Offset The Influence Of Dark Money In State Supreme Court Elections, Cathy R. Silak, Emily Siess Donnellan Jul 2017

Enhanced Campaing Finance Disclosure And Recusal Rules To Offset The Influence Of Dark Money In State Supreme Court Elections, Cathy R. Silak, Emily Siess Donnellan

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—Extraditing The Foreign Fugitive: Disentitlement In Civil Forfeiture, United States V. All Assets Listed In Attachment A, 89 F. Supp. 3d 817 (E.D. Va. 2015), Nicole Murray Oct 2016

Constitutional Law—Extraditing The Foreign Fugitive: Disentitlement In Civil Forfeiture, United States V. All Assets Listed In Attachment A, 89 F. Supp. 3d 817 (E.D. Va. 2015), Nicole Murray

University of Arkansas at Little Rock Law Review

No abstract provided.


Sua Sponte Actions In The Appellate Courts: The "Gorilla Rule" Revisited, Ronald J. Offenkrantz, Aaron S. Lichter Apr 2016

Sua Sponte Actions In The Appellate Courts: The "Gorilla Rule" Revisited, Ronald J. Offenkrantz, Aaron S. Lichter

The Journal of Appellate Practice and Process

No abstract provided.


Constitutional Law—Fourth Amendment And Seizures— Accidental Seizures By Deadly Force: Who Is Seized During A Police Shootout? Plumhoff V. Rickard, 134 S. Ct. 2012 (2014)., Adam D. Franks Apr 2016

Constitutional Law—Fourth Amendment And Seizures— Accidental Seizures By Deadly Force: Who Is Seized During A Police Shootout? Plumhoff V. Rickard, 134 S. Ct. 2012 (2014)., Adam D. Franks

University of Arkansas at Little Rock Law Review

No abstract provided.


The Foreign Intelligence Surveillance Act And The Separation Of Powers, Scott A. Boykin Oct 2015

The Foreign Intelligence Surveillance Act And The Separation Of Powers, Scott A. Boykin

University of Arkansas at Little Rock Law Review

No abstract provided.


A Look At Civil Gideon: Is There A Constitutional Right To Counsel In Certain Civil Cases?, Jess H. Dickinson Jul 2015

A Look At Civil Gideon: Is There A Constitutional Right To Counsel In Certain Civil Cases?, Jess H. Dickinson

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—Fifth Amendment And Takings—Courts And The Judicial Process Will Impede Orderly City Development By Limiting Local Governments’ Use Of Exactions In Development Planning. Koontz V. St. Johns River Water Management District, 133s. Ct. 2586 (2013)., Rebecca L. Matlock Apr 2015

Constitutional Law—Fifth Amendment And Takings—Courts And The Judicial Process Will Impede Orderly City Development By Limiting Local Governments’ Use Of Exactions In Development Planning. Koontz V. St. Johns River Water Management District, 133s. Ct. 2586 (2013)., Rebecca L. Matlock

University of Arkansas at Little Rock Law Review

No abstract provided.


Brady, Arkansas Rule 17.1, And Disclosure Of Scientific Evidence And Expert Opinion, J. Thomas Sullivan Jan 2013

Brady, Arkansas Rule 17.1, And Disclosure Of Scientific Evidence And Expert Opinion, J. Thomas Sullivan

University of Arkansas at Little Rock Law Review

The United States Constitution as well as state procedural rules require prosecutorial authorities to disclose evidence to the defense as a means for ensuring fairness in the prosecution of individuals charged with criminal offenses. When prosecutorial authorities fail to disclose evidence as required, the integrity of the criminal justice system is threatened and the defense is unable to adequately prepare for trial. This threat is illustrated and magnified by the substantiation of prosecutorial misconduct claims in high profile trials where prosecutors have been unable to resist the temptation not to disclose evidence that could damage the prosecution's case, or, where …


Brady-Based Prosecutorial Misconduct Claims, Buckley, And The Arkansas Coram Nobis Remedy, J. Thomas Sullivan Jan 2011

Brady-Based Prosecutorial Misconduct Claims, Buckley, And The Arkansas Coram Nobis Remedy, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.


International Law And United States Policy Issues Arising From The United States' Conflict With Al Qaeda, Gregory S. Mcneal Jul 2010

International Law And United States Policy Issues Arising From The United States' Conflict With Al Qaeda, Gregory S. Mcneal

University of Arkansas at Little Rock Law Review

No abstract provided.


Lethal Discrimination 2: Repairing The Remedies For Racial Discrimination In Capital Sentencing, J. Thomas Sullivan Apr 2010

Lethal Discrimination 2: Repairing The Remedies For Racial Discrimination In Capital Sentencing, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.


Sixteen Years Of Litigation Under The Arkansas Civil Rights Act: Where We Have Been And Where We Are Going, Michael Mosley, Robert Beard, Paul Charton Jan 2010

Sixteen Years Of Litigation Under The Arkansas Civil Rights Act: Where We Have Been And Where We Are Going, Michael Mosley, Robert Beard, Paul Charton

University of Arkansas at Little Rock Law Review

No abstract provided.


Darned If You Due Process, Darned If You Don't! Understanding The Due Process Dilemma For Punitive Damages In Title Vii Class Actions, Paul Edgar Harold, Tracy L. Cole Apr 2008

Darned If You Due Process, Darned If You Don't! Understanding The Due Process Dilemma For Punitive Damages In Title Vii Class Actions, Paul Edgar Harold, Tracy L. Cole

University of Arkansas at Little Rock Law Review

When Congress expanded the remedies available to Title VII the plaintiffs in the Civil Rights Act of 1991 to include compensatory and punitive damages, it did not realize that it was creating a minefield for certifying would-be Title VII class actions. The Fifth Circuit thoroughly explored many of the new pitfalls and hazards in its landmark opinion in Allison v. Citgo Petroleum Corp. This article attempts to critically evaluate a recent post-Allison trend whereby Title VII plaintiffs seeking class certification have foregone their claims for compensatory damages while still seeking punitive damages. Plaintiffs, relying on the Supreme Court's recent cases …


Richard Sheppard Arnold: A Distinguished Jurist, A Loyal Colleague And A Good Friend, Gerald W. Heaney Apr 2005

Richard Sheppard Arnold: A Distinguished Jurist, A Loyal Colleague And A Good Friend, Gerald W. Heaney

University of Arkansas at Little Rock Law Review

No abstract provided.


Newly Available, Not Newly Discovered, Penny J. White Jan 2000

Newly Available, Not Newly Discovered, Penny J. White

The Journal of Appellate Practice and Process

Advances in science have made it possible to discover new evidence. This newly discovered evidence is not always admissible as evidence. This essay suggests methods by which appellate courts may approach a balance between the rigid application of limitation periods in serious criminal cases and admitting evidence that proves innocence.


Constitutional Law—Due Process—Garnishment Procedures Must Provide For Notice To Postjudgment Debtor, Kathleen A. Hillegas Jul 1986

Constitutional Law—Due Process—Garnishment Procedures Must Provide For Notice To Postjudgment Debtor, Kathleen A. Hillegas

University of Arkansas at Little Rock Law Review

No abstract provided.


Criminal Procedure—Charge Of Rape By Sexual Intercourse Sufficient To Convict Of Rape By Deviate Sexual Activity Under The Arkansas Rape Statute, Vickie A. Warner Apr 1986

Criminal Procedure—Charge Of Rape By Sexual Intercourse Sufficient To Convict Of Rape By Deviate Sexual Activity Under The Arkansas Rape Statute, Vickie A. Warner

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—Criminal Procedure—Eighth Amendment Bars Execution Of The Insane, Jonathan Taylor Apr 1986

Constitutional Law—Criminal Procedure—Eighth Amendment Bars Execution Of The Insane, Jonathan Taylor

University of Arkansas at Little Rock Law Review

No abstract provided.


Criminal Procedure—Miranda Warnings—Waiver Of Right To Counsel At Polygraph Test, Scott J. Lancaster Jul 1983

Criminal Procedure—Miranda Warnings—Waiver Of Right To Counsel At Polygraph Test, Scott J. Lancaster

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—Due Process—Arkansas' Sunday Closing Law Is Declared Unconstitutionally Vague, Charles L. Kennon Iii Apr 1983

Constitutional Law—Due Process—Arkansas' Sunday Closing Law Is Declared Unconstitutionally Vague, Charles L. Kennon Iii

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—Due Process—Equal Protection—Exclusion Of Females From Registration For Draft Not Violative Of Fifth Amendment, Neil Deininger Apr 1982

Constitutional Law—Due Process—Equal Protection—Exclusion Of Females From Registration For Draft Not Violative Of Fifth Amendment, Neil Deininger

University of Arkansas at Little Rock Law Review

No abstract provided.


Guardianship: Overcoming The Last Hurdle To Civil Rights For The Mentally Disabled, Sheryl Dicker Oct 1981

Guardianship: Overcoming The Last Hurdle To Civil Rights For The Mentally Disabled, Sheryl Dicker

University of Arkansas at Little Rock Law Review

No abstract provided.


Summer V. Mata: Twilight's Last Gleaming For Federal Habeas Corpus Review Of State Court Convictions - Speculations On The Future Of The Great Writ, Jason G. Reynolds Apr 1981

Summer V. Mata: Twilight's Last Gleaming For Federal Habeas Corpus Review Of State Court Convictions - Speculations On The Future Of The Great Writ, Jason G. Reynolds

University of Arkansas at Little Rock Law Review

No abstract provided.


The Zone Of Interests Component Of The Federal Standing Rules: Alive And Well After All, Robert H. Marquis Apr 1981

The Zone Of Interests Component Of The Federal Standing Rules: Alive And Well After All, Robert H. Marquis

University of Arkansas at Little Rock Law Review

No abstract provided.


Criminal Procedure–Juvenile Confessions In Arkansas, Ann Kristen Kilgore Oct 1980

Criminal Procedure–Juvenile Confessions In Arkansas, Ann Kristen Kilgore

University of Arkansas at Little Rock Law Review

No abstract provided.