Law Commons^™

Citation Stickiness, Kevin Bennardo, Alexa Z. Chew

The Journal of Appellate Practice and Process

This Article is an empirical study of what we call citation stickiness. A citation is sticky if it appears in one of the parties' briefs and then again in the court's opinion. Imagine that the parties use their briefs to toss citations in the court's direction. Some of those citations stick and appear in the opinion—these are the sticky citations. Some of those citations don't stick and go unmentioned by the court—these are the unsticky ones. Finally, some sources were never mentioned by the parties yet appear in the court's opinion. These authorities are endogenous—they spring from the court itself. …

Pothole Laws, Appellate Courts, And Judicial Drift, Kenneth L. Gartner

The Journal of Appellate Practice and Process

This article begins by describing the structure of the appellate system in New York state, introducing the features of the typical New York pothole law, and summarizing the New York cases that set the substantive and procedural background for a discussion and analysis of judicial drift.

The Right To Appeal In Comparative Perspective, Dražan Djukić

The Journal of Appellate Practice and Process

Appellate procedures regarding the most serious crimes under domestic law are, in general, conducted differently in common law and civil law systems. This article reviews the differences concerning the primary facets of such proceedings, namely prosecutorial rights of appeal, access to appellate review, the scope of appellate review, the admission of additional evidence, appellate decisionmaking powers, and the functions of appellate review. It then explains that these differences result from dissimilar decisionmaking processes, degrees of adherence to the search for the truth, and sources of law.

Narratives Of Self-Government In Making The Case, Benjamin L. Berger

The Journal of Appellate Practice and Process

No abstract provided.

Infrequently Asked Questions, Edward T. Swaine

The Journal of Appellate Practice and Process

If appellate advocates could hear from courts about topics that might be raised during oral argument—as opposed to relying solely on their ability to anticipate the issues—might their answers be better? That seems likely, but it is unlikely that research could confirm that, as judicial practice overwhelmingly favors impromptu questioning. Spontaneity may be harmless if the question was predictable, or unavoidable if a judge just thought of the question. But sometimes advocates have to answer challenging questions concerning the law, facts, or implications of a position—questions that help decide the case, either due to the quality of the answer or …

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.

Creating Kairos At The Supreme Court: Shelby County, Citizens United, Hobby Lobby, And The Judicial Construction Of Right Moments, Linda L. Berger

The Journal of Appellate Practice and Process

No abstract provided.

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

University of Arkansas at Little Rock Law Review

No abstract provided.

The Slow Wheels Of Furman's Machinery Of Death, Brent E. Newton

The Journal of Appellate Practice and Process

No abstract provided.

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

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 …

Shift Happens: The U.S. Supreme Court's Shifting Antidiscrimination Rhetoric, Theresa M. Beiner

Faculty Scholarship

The United States Supreme Court’s discourse on discrimination affects how fundamental civil rights - such as the right to be free from gender and race discrimination - are adjudicated and conceptualized in this country. Shortly after Congress passed Title VII of the Civil Rights Act of 1964, the Court established precedent that assumed discrimination, absent some other compelling explanation for employer conduct. While the Court was more reluctant to presume such discrimination by governmental actors, it was deferent to Congress’s ability to set standards that would presume discrimination. Over time, however, that presumption and the Court’s deference to Congress has …

Judicial Declaration Of Public Policy, Ruggero J. Aldisert

The Journal of Appellate Practice and Process

No abstract provided.

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

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

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.

Precedent In The Federal Courts Of Appeals: An Endangered Or Invasive Species?, John B. Oakley

The Journal of Appellate Practice and Process

No abstract provided.

All Mixed Up About Mixed Questions, Randall H. Warner

The Journal of Appellate Practice and Process

No abstract provided.

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.

Tools, Not Rules: The Heuristic Nature Of Statutory Interpretation, Morell E. Mullins Sr.

Faculty Scholarship

No abstract provided.

No-Citation Rules Under Siege: A Battlefield Report And Analysis, Stephen R. Barnett

The Journal of Appellate Practice and Process

No abstract provided.

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.

A Few Thoughts On The Importance Of An Independent Judiciary, Robert E. Hirshon

The Journal of Appellate Practice and Process

No abstract provided.

From Pens To Pixels: Text-Media Issues In Promulgating, Archiving, And Using Judicial Opinions, Kenneth H. Ryesky

The Journal of Appellate Practice and Process

No abstract provided.

Expanded Rights Through State Law: The United States Supreme Court Shows State Courts The Way, Robert L. Brown

The Journal of Appellate Practice and Process

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.

On The Internet, Nobody Knows You're A Judge: Appellate Courts' Use Of Internet Materials, Coleen M. Barger

Faculty Scholarship

No abstract provided.