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Articles 1 - 21 of 21
Full-Text Articles in Jurisprudence
A Look At Civil Gideon: Is There A Constitutional Right To Counsel In Certain Civil Cases?, Jess H. Dickinson
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.
Egads! Preservation Run Amok: A Call For Change To Arkansas's Was It Raised?, Was It Developed?, Was It Ruled On? Jurisprudence, Brian G. Brooks
Egads! Preservation Run Amok: A Call For Change To Arkansas's Was It Raised?, Was It Developed?, Was It Ruled On? Jurisprudence, Brian G. Brooks
University of Arkansas at Little Rock Law Review
No abstract provided.
A Judicial Retrospective: Significant Decisions By The Arkansas Supreme Court From 1991 Through 2011, Robert L. Brown
A Judicial Retrospective: Significant Decisions By The Arkansas Supreme Court From 1991 Through 2011, Robert L. Brown
University of Arkansas at Little Rock Law Review
In 2008, a study issued by the University of Chicago ranked the Arkansas Supreme Court as the second best state supreme court in the nation, based on the justices' productivity in issuing opinions, quality of opinions, and independence from partisan pressures. The last two decades have seen the Arkansas Supreme Court issue a multitude of opinions considering separation of powers, public education, prior restraint of the press, expanded rights under the Arkansas Constitution, class actions and tort reform.
This article highlights many of the most significant opinions from the last two decades and comments on their impact in Arkansas and …
A Brief Summary Of Decisions From The Arkansas Supreme Court Affecting Gays And Lesbians, Anthony L. Mcmullen
A Brief Summary Of Decisions From The Arkansas Supreme Court Affecting Gays And Lesbians, Anthony L. Mcmullen
University of Arkansas at Little Rock Law Review
Half of Arkansans believe that sex-sex relationships should not be afforded legal recognition, including recognition in the form of a civil union or domestic partnership. Further, Arkansas is one of thirty states to constitutionally define marriage as the legal union between a man and a woman. Nonetheless, the gay and lesbian civil rights movement has been afforded protection in the courts through Arkansas Supreme Court decisions protecting same sex couples' rights.
Starting in 2002, the Arkansas Supreme Court has provided at least some protection to same sex couples and their families through decisions where the Court could have declined to …
Standing In The Way Of Clarity: Hein V. Freedom From Religion Foundation, Inc., Mark Wankum
Standing In The Way Of Clarity: Hein V. Freedom From Religion Foundation, Inc., Mark Wankum
University of Arkansas at Little Rock Law Review
This article deals with the often misunderstood and maligned issue of taxpayer standing. It seeks to explore the Court's standing jurisprudence as it has evolved from "cases and controversies" to a modern constitutional doctrine. The article begins with a discussion of the Framers' judiciary and the development of a modern standing doctrine. It then turns to the area of taxpayer and citizen suits, exploring the judicial landmarks and landmines from Frothigham v. Mellon to Flast. Next, applications and limitations of the Flast test during the Burger, Rehnquist, and early Roberts Courts are explored, before turning to the most recent decision …
Religious Liberty That Almost Wasn't: On The Origin Of The Establishment Clause Of The First Amendment, Gregory C. Downs
Religious Liberty That Almost Wasn't: On The Origin Of The Establishment Clause Of The First Amendment, Gregory C. Downs
University of Arkansas at Little Rock Law Review
The purpose of this article is to briefly examine the origin of the Establishment Clause in the event sometimes referred to as the "Virginia Experience," and to consider the possibility that the significant "leading roles" in the First Amendment's creation were not limited to Jefferson and Madison. Further, Madison's leading role in the actual sponsorship of the First Amendment may not have been entirely voluntary. With the ever-present litigation and controversies revolving around the extent and meaning of the First Amendment's Establishment Clause, the overlooked history of the creation of the First Amendment is both interesting and instructive in the …
Health Law—The Arkansas Resident's Rights Statute And Civil Enforcement—Cutting Off Its Nose To Spite Its Face: How The Arkansas Resident's Right Statute Is Defeating Its Purpose Of Improving Quality Of Care To Nursing Home Residents By Crippling The Nursing Homes Themselves. Health Facilities Management Corp. V. Hughes, No. 05-90, 2006 Ark. Lexis 122 (Feb. 9, 2006)., Carol Elizabeth Nixon
University of Arkansas at Little Rock Law Review
Arkansas's current path in nursing-home regulation is leading to the destruction of its nursing-home system. In particular, the Arkansas Resident's Rights Statute favors plaintiffs and allows for high damage awards. The statute's civil enforcement provision lacks guidelines for the application of the statute or the award of damages. In February of 2006, the Arkansas Supreme Court decided Health Facilities Management Corp. v. Hughes, a nursing home case concerning the Arkansas Resident's Rights Statute. The court's decision on the issue of liability under the statute was well-reasoned and stayed faithful to the goals of the statute, encouraging nursing-home licensees to live …
The Concerto The Without Sheet Music: Revisiting The Debate Over First Amendment Protection For Information Gathering, Anthony L. Fargo
The Concerto The Without Sheet Music: Revisiting The Debate Over First Amendment Protection For Information Gathering, Anthony L. Fargo
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Commerce Clause—California Takes A Hit: The Supreme Court Upholds Congressional Authority Over The State-Approved Use Of Medicinal Marijuana. Gonzales V. Raich, 545 U.S. 1 (2005)., Rick Behring Jr.
University of Arkansas at Little Rock Law Review
No abstract provided.
Judge Arnold's Four Rules: A Model For A Life In The Law, Sean Unger
Judge Arnold's Four Rules: A Model For A Life In The Law, Sean Unger
University of Arkansas at Little Rock Law Review
No abstract provided.
Arkansas's Entry Into The Not-So-New Judicial Federalism, Ka Tina R. Hodge
Arkansas's Entry Into The Not-So-New Judicial Federalism, Ka Tina R. Hodge
University of Arkansas at Little Rock Law Review
No abstract provided.
Securities Regulation—Fraud—Rule 10b-5 No Longer Scares The Judiciary, But May Scare Corporate Defendants: The United States Supreme Court Switches Directions. Wharf (Holdings) Ltd. V. United International Holdings, Inc., 532 U.S. 588 (2001)., Bhavik R. Patel
University of Arkansas at Little Rock Law Review
No abstract provided.
First Amendment—Campaign Finance Reform—The Supreme Court Halts The Eighth Circuit's Invalidation Of State Campaign Contribution Limits. Nixon V. Shrink Missouri Government Political Action Committee, 120 S. Ct. 897 (2000)., Erin Buford Vinett
University of Arkansas at Little Rock Law Review
No abstract provided.
From Whence Cometh Our State Appellate Judges: Popular Election Versus The Missouri Plan, Robert L. Brown
From Whence Cometh Our State Appellate Judges: Popular Election Versus The Missouri Plan, Robert L. Brown
University of Arkansas at Little Rock Law Review
No abstract provided.
The Vital Common Law: Its Role In A Statutory Age, M. Stuart Madden
The Vital Common Law: Its Role In A Statutory Age, M. Stuart Madden
University of Arkansas at Little Rock Law Review
No abstract provided.
The Influence Of The Arkansas Supreme Court's Opinions On Policy Made By The General Assembly: A Case Study, Chuck Smith
The Influence Of The Arkansas Supreme Court's Opinions On Policy Made By The General Assembly: A Case Study, Chuck Smith
University of Arkansas at Little Rock Law Review
No abstract provided.
The Argument For Judicial Review—And For The Originalist Approach To Judicial Review (The Ben J. Altheimer Lecture), Michael J. Perry
The Argument For Judicial Review—And For The Originalist Approach To Judicial Review (The Ben J. Altheimer Lecture), Michael J. Perry
University of Arkansas at Little Rock Law Review
No abstract provided.
Crime And Punishment In Eighteenth-Century England, William B. Jones Jr.
Crime And Punishment In Eighteenth-Century England, William B. Jones Jr.
University of Arkansas at Little Rock Law Review
No abstract provided.
Crime And Punishment In Eighteenth-Century England, William B. Jones Jr.
Crime And Punishment In Eighteenth-Century England, William B. Jones Jr.
University of Arkansas at Little Rock Law Review
No abstract provided.
Contracts—The Trend Toward Legal Realism. Shearson Lehman Cmo, Inc. V. Tcf Banking & Savings And Teachers Insurance & Annuity Association V. Tribune Co., 670 F. Supp. 491 (S.D.N.Y. 1987)., Janne G. Siegel
University of Arkansas at Little Rock Law Review
No abstract provided.
Creation Science And Mclean V. Arkansas Board Of Education: The Hazards Of Judicial Inquiry Into Legislation Purpose And Motive, Morell E. Mullins
Creation Science And Mclean V. Arkansas Board Of Education: The Hazards Of Judicial Inquiry Into Legislation Purpose And Motive, Morell E. Mullins
University of Arkansas at Little Rock Law Review
No abstract provided.