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Full-Text Articles in Law

Baseball Mascots And The Law, Howard W. Brill Dec 2015

Baseball Mascots And The Law, Howard W. Brill

Howard W Brill

No abstract provided.


Take Me Out To The Hearing: Major League Baseball Players Before Congress, Howard W. Brill Dec 2011

Take Me Out To The Hearing: Major League Baseball Players Before Congress, Howard W. Brill

Howard W Brill

No abstract provided.


Campaign Contributions, Campaign Involvement, And Judicial Recusal, Howard W. Brill Dec 2010

Campaign Contributions, Campaign Involvement, And Judicial Recusal, Howard W. Brill

Howard W Brill

In Arkansas, we elect judges, and all indications are that we will continue to do so. Attempts to change to some variation of a merit-selection plan have been rejected. The proposed Constitution of 1970 included a partial merit-selection plan. This Constitution was soundly rejected by the people. Although the merit-selection plan was not the determining factor in the defeat, it certainly did not generate popular support. Accordingly, the proposed Constitution of 1980 simply asked the people to later vote on whether to have a judiciary selected by merit. But the entire Constitution again failed. Despite calls for a merit-selection plan, …


The Arkansas Code Of Judicial Conduct Of 2009, Howard W. Brill Dec 2008

The Arkansas Code Of Judicial Conduct Of 2009, Howard W. Brill

Howard W Brill

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.


"For Such A Time As This": Bible Versus For Law School Deans.Pdf, Howard W. Brill Dec 2005

"For Such A Time As This": Bible Versus For Law School Deans.Pdf, Howard W. Brill

Howard W Brill

No abstract provided.


Arkansas Law Of Damages, Fifth Edition, Chapter 30: Real Property.Pdf, Howard W. Brill Dec 2003

Arkansas Law Of Damages, Fifth Edition, Chapter 30: Real Property.Pdf, Howard W. Brill

Howard W Brill

This is an excerpt from Professor Brill's book on Arkansas Law of Damages.


Equity And Criminal Law, Howard W. Brill Dec 1999

Equity And Criminal Law, Howard W. Brill

Howard W Brill

The relationship between courts of equity and the criminal law in Arkansas is laid out by two black letter rules: (1) equity will not enjoin a criminal prosecution, and (2) equity will not enjoin a crime. The basis of both rules is that equity should not intervene in criminal courts, unless no other remedy in the court of law exists. However, the exceptions allowed for each rule are different. Exceptions to the first rule include: cases involving property rights, multiple prosecutions, unlawful exactions, or prosecutions made in bad faith. The second rule allows for an exception when a criminal punishment …


Reformation In Arkansas, Howard W. Brill Dec 1997

Reformation In Arkansas, Howard W. Brill

Howard W Brill

No abstract provided.


Specific Performance In Arkansas, Howard W. Brill Dec 1994

Specific Performance In Arkansas, Howard W. Brill

Howard W Brill

No abstract provided.


Business Transactions With Clients: Ethical Or Ill-Advised?, Howard W. Brill Dec 1994

Business Transactions With Clients: Ethical Or Ill-Advised?, Howard W. Brill

Howard W Brill

No abstract provided.


Equity: Real Property And The Problem Of The Troublesome Neighbor, Howard W. Brill Dec 1993

Equity: Real Property And The Problem Of The Troublesome Neighbor, Howard W. Brill

Howard W Brill

No abstract provided.


Sex And The Client: Ten Reasons To Say "No!", Howard W. Brill Dec 1992

Sex And The Client: Ten Reasons To Say "No!", Howard W. Brill

Howard W Brill

This short piece offers a list of ten reasons for the lawyer to tell the client "no" in the context of sexual contact.


The Maxims Of Equity, Howard W. Brill Dec 1992

The Maxims Of Equity, Howard W. Brill

Howard W Brill

No abstract provided.


Equity And The Restitutionary Remedies: Constructive Trust, Equitable Lien, And Subrogation, Howard W. Brill Dec 1991

Equity And The Restitutionary Remedies: Constructive Trust, Equitable Lien, And Subrogation, Howard W. Brill

Howard W Brill

No abstract provided.


Punitive Damages In Arkansas -- Expanded? Restricted?, Howard W. Brill Dec 1989

Punitive Damages In Arkansas -- Expanded? Restricted?, Howard W. Brill

Howard W Brill

No abstract provided.


Baseball And The Legal Profession.Pdf, Howard W. Brill Dec 1989

Baseball And The Legal Profession.Pdf, Howard W. Brill

Howard W Brill

No abstract provided.


A Primer On Judgment And Pre-Judgment Interest In Arkansas.Pdf, Howard W. Brill Dec 1988

A Primer On Judgment And Pre-Judgment Interest In Arkansas.Pdf, Howard W. Brill

Howard W Brill

No abstract provided.


Harvey V. Eastman Kodak Company: Faculty Note, Howard W. Brill Dec 1980

Harvey V. Eastman Kodak Company: Faculty Note, Howard W. Brill

Howard W Brill

In one brief opinion, the Arkansas Supreme Court has finally an- swered the question that has confused and beguiled attorneys since the adoption of the Arkansas Rules of Civil Procedure in July 1979: Has Arkansas moved toward or adopted the notice pleading of the Federal Rules of Civil Procedure? The simple answer: No.


The Arkansas Code Of Judicial Conduct, Howard W. Brill Dec 1980

The Arkansas Code Of Judicial Conduct, Howard W. Brill

Howard W Brill

In 1973, soon after its adoption by the American Bar Association, the Arkansas Supreme Court adopted the Code of Judicial Conduct. The Code has not been generally available in Arkansas. An easily accessible version of the Code is needed in view of the expansion of the judiciary, the original Arkansas options, the broadcasting revision, a 1982 modification in the judicial campaign requirements, and a developing body of case law on the disqualification of judges under the Code.

For the Arkansas version that appears in this issue of the Law Review, I have omitted from the official ABA version the financial …


Federal Rule Of Civil Procedure 14 And Ancillary Jurisdiction, Howard W. Brill Dec 1979

Federal Rule Of Civil Procedure 14 And Ancillary Jurisdiction, Howard W. Brill

Howard W Brill

The federal courts have long struggled with the conflict be- tween the limits of their constitutional and statutory jurisdiction and their desire to provide complete relief to petitioning parties. Because of problems associated with this tension, the federal courts adopted the doctrine of ancillary jurisdiction. Ancillary jurisdiction enables a court adjudicating a matter properly before it to decide other related matters even though it would lack jurisdiction to decide the related matters if they were presented independently.
The doctrine was originally created to allow a federal court to adjudicate all claims affecting a controversy properly brought before it, but was …


Protection For The Hard Of Hearing: State And Federal Regulation Of Hearing Aid Dealers, Howard W. Brill Dec 1976

Protection For The Hard Of Hearing: State And Federal Regulation Of Hearing Aid Dealers, Howard W. Brill

Howard W Brill

Nearly three million Americans have come to rely on hearing aids for assistance with their hearing problems. In this Article, Professor Brill compares the forty-five state laws and the new federal guidelines which regulate the hearing aid industry in an attempt to determine which state regulations are most effective in meeting the desired goal of protecting the hard of hearing.


Book Review: Space Adrift, Landmark Preservation And The Marketplace, Howard W. Brill Dec 1973

Book Review: Space Adrift, Landmark Preservation And The Marketplace, Howard W. Brill

Howard W Brill

This piece is a book review of SPACE ADRIFT: LANDMARK PRESERVATION AND THE MARKETPLACE. By John L. Costonis. Urbana, Illinois: University of Illinois Press 1974.


Death With Dignity: A Recommendation For Statutory Change, Howard W. Brill Dec 1969

Death With Dignity: A Recommendation For Statutory Change, Howard W. Brill

Howard W Brill

In the 1969 session of the Florida legislature, a state representative introduced a bill to deal with the problem of the hopeless patient. This bill would have amended the Florida constitution by incorporating into section 2 of the Declaration of Rights the right "to be permitted to die with dignity." Following the failure of the bill to be reported out of committee, the legislator recast the proposal as a statute and prefiled it in the House of Representatives. The proposal now provides that any person may execute, with the formalities required for execution of a will, a document stating that …