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Limited Powers In The Looking-Glass: Otiose Textualism, And An Empirical Analysis Of Other Approaches, When Activitists In Private Shopping Centers Claim State Constitutional Liberties, Richard J. Peltz-Steele Jan 2006

Limited Powers In The Looking-Glass: Otiose Textualism, And An Empirical Analysis Of Other Approaches, When Activitists In Private Shopping Centers Claim State Constitutional Liberties, Richard J. Peltz-Steele

Faculty Publications

This article examines closely a narrow range of highly factually analogous cases, in which state constitutional rights are asserted despite a clear lack of entitlement to assert any federal constitutional claim. Specifically, the cases selected are those in which private persons assert a right to conduct expressive activity, including electoral activity, in private shopping centers during hours when the properties are held open to the general public. These cases may be referred to colloquially as “the mall cases.” Selected here are only those which were decided after the federal question became clear. The Article first inquires into the role of ...


Arkansas's Public Records Retention Program: Records Retention As A Cornerstone Of Citizenship And Self-Government, Richard J. Peltz-Steele Jan 2006

Arkansas's Public Records Retention Program: Records Retention As A Cornerstone Of Citizenship And Self-Government, Richard J. Peltz-Steele

Faculty Publications

This article first provides background, charting the scope of record retention in relation to the freedom of information, then outlining record retention through its history and development in the federal government, through its general principles and modes of practice, through a sketch of the problems that have arisen specially in the electronic era, and through an overview of its development at the state level. The article then describes the recent history of record retention law in Arkansas, up to and including the initiative enacted by the General Assembly in 2005, and the process and product of a state working group ...


The Arkansas Proposal On Access To Court Records: Upgrading The Common Law With Electronic Freedom Of Information Norms, Richard J. Peltz-Steele, Joi L. Leonard, Amanda J. Andrews Jan 2006

The Arkansas Proposal On Access To Court Records: Upgrading The Common Law With Electronic Freedom Of Information Norms, Richard J. Peltz-Steele, Joi L. Leonard, Amanda J. Andrews

Faculty Publications

The law and practice of court record access across United States jurisdictions is in a confused state. Public access to records in the hands of government, including court records, is a desirable norm of public policy; on this point, there is universal agreement. But there is disagreement on questions as fundamental as whether public access to court records is founded in constitutional law, or only in common law; and the extent to which court record access is the province of the courts or the legislature. And most importantly, there is widely divergent disagreement about what circumstances warrant restriction on public ...


Waiver Or Modification: That Is The Question, Michael G. Hillinger Jan 2006

Waiver Or Modification: That Is The Question, Michael G. Hillinger

Faculty Publications

The elusive distinction between waiver and contract modification has reared its head in Massachusetts. What's the difference? A party who "waives" a contract term can retract the waiver in the absence of the other party's detrimental reliance, whereas a party cannot unilaterally retract a contract modification. Stating the legal consequences that flow from each event is easy. Figuring out which event has occurred is not.