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Articles 1 - 16 of 16
Full-Text Articles in Law
The Effects Of Short-Term Rentals On Communities And How To Legislate Them: An Expanded Literary Review, William Cherry
The Effects Of Short-Term Rentals On Communities And How To Legislate Them: An Expanded Literary Review, William Cherry
Finance Undergraduate Honors Theses
A literary review of the economic and socioeconomic effects of short-term rental properties, specifically the commercialization of the industry based upon other research studies. An in-depth look at how commercialized short-term rentals effect the younger generation, hospitality industry, housing market, communities they reside in, and other externalities. A further review of different legal case studies of short-term rental legislation in major cities across the globe and their varying degrees of effectiveness.
Rescaling City Property, Amnon Lehavi
Rescaling City Property, Amnon Lehavi
Arkansas Law Review
This Article seeks to identify the growing tension between the contemporary physical and digital reality of cities across the world and the formal, often archaic, body of norms that governs city powers and duties vis-à-vis different types of persons and corporations: locals, non-local residents of the same nation-state, and foreigners. The nation-state’s continuing dominance, both in the domestic division of power across various legal systems and in the international arena, often results in a systemic mismatch.
Is “Touch And Concern” Dead In Arkansas?: A Recent Case And Its Implications For Real Covenants, Bennett J. Waddell
Is “Touch And Concern” Dead In Arkansas?: A Recent Case And Its Implications For Real Covenants, Bennett J. Waddell
Arkansas Law Review
Real covenants occupy a doctrinal abyss within property law. The subject perpetually frustrates first-year law students and legal scholars alike, as they confront concepts that appear esoteric and even anachronistic. Naturally, the criticism has been sharp, with commentators quipping that the field “is an unspeakable quagmire,” a “formidable wilderness,” and plainly “ridiculous.”
Construction Liens And The "Secret Lien" Problem, Dale Whitman
Construction Liens And The "Secret Lien" Problem, Dale Whitman
Arkansas Law Review
Perhaps the most essential element of a modern scheme of land ownership is a system of records that will allow an owner to show to the world, and particularly to intended transferees, that she or he owns the land in question. It is almost equally important that an owner be able to create a lien or charge on land, putting it up as security for an obligation or debt while retaining possession. And as a concomitant principle, it is critical that an intended transferee be able to detect, in a reliable system of records, whether the land has already been …
Structural Precarity And Potential In Condominium Governance Design, Andrea J. Boyack
Structural Precarity And Potential In Condominium Governance Design, Andrea J. Boyack
Arkansas Law Review
This Article examines a condominium’s legal structure in the context of ensuring construction and upkeep quality in a multifamily building and explores possible systemic improvements. Part I considers three latent vulnerabilities inherent in the condominium governance structure: (1) overprotection of developers; (2) unwillingness of members to ensure optimal upkeep; and (3) association financial precarity. Part II critiques some suggested legal responses to the Surfside disaster and discusses the swift and dramatic impacts on condominium governance caused by changed underwriting requirements of Fannie Mae and Freddie Mac. Finally, this Article concludes by calling for more effective stabilization of condominium governance to …
Recent Developments, Silas Heffley
Recent Developments, Silas Heffley
Arkansas Law Review
In a case involving a Missouri televangelist, a purported COVID-19 cure, and state officials from Arkansas and California, the Eighth Circuit Court of Appeals affirmed the lower court’s dismissal for lack of personal jurisdiction.
Race And The Covid-19 Eviction And Housing Crisis, Bradey Camille Baltz
Race And The Covid-19 Eviction And Housing Crisis, Bradey Camille Baltz
Arkansas Law Notes
Historical and present discriminatory housing, land use, property, and criminal policies and laws have contributed to an inaccessibility of homeownership and wealth accumulation for people of color in the United States. “People of color rent at higher rates than white people,” and thus, face a higher risk of eviction. People of color are also overrepresented in jobs most affected by the COVID-19 pandemic, like the restaurant and hotel industries. As compared to white workers, Black and Latinx Americans are less likely to have access to paid sick leave and family leave, forcing them to choose to go to work when …
Dead Men Tell No Tales: Arkansas’S Grave Failure To Honor Its Constituents’ Postmortem Quasi-Property Right, Mckenna Moore
Dead Men Tell No Tales: Arkansas’S Grave Failure To Honor Its Constituents’ Postmortem Quasi-Property Right, Mckenna Moore
Arkansas Law Review
It is doubtful that Hulon Rupert Austin woke up on the day of March 7, 1986 and expected it to be his last. March 7 was a typical day—a workday—that started with a simple drive to a job site with his co-worker. A day that began so unremarkably ended with his co-worker looking up from where he was working to see “Austin lying on the ground.”
Legitimate Exercises Of The Police Power Or Compensable Takings: Courts May Recognize Private Property Rights, Terence J. Centner
Legitimate Exercises Of The Police Power Or Compensable Takings: Courts May Recognize Private Property Rights, Terence J. Centner
Journal of Food Law & Policy
Under their police power, governments regulate nuisances and take actions in emergency situations. For protecting humans, animals, and plants from diseases and other pests (jointly referred to as diseases), governments order inoculations, quarantine items and people, and seize and destroy property.' With respect to plants and animals, the United States Secretary of Agriculture is authorized to prohibit the importation and movement of items than may be infested. The Secretary also has the authority to hold, treat, and destroy items to prevent the dissemination of plant and animal pests. State governments take additional actions to
Recent Developments, Clinton T. Summers
Recent Developments, Clinton T. Summers
Arkansas Law Review
In a free speech and free exercise case involving the Business Leaders in Christ at the University of Iowa, the Eighth Circuit Court of Appeals reversed the Southern District of Iowa by holding that University officials should not be granted qualified immunity based on the student organization’s free speech claim.
A-Void-Able Consequences: Void Sales & Subsequent Purchasers Under Arkansas’S Statutory Foreclosure Act, Hannah Hungate
A-Void-Able Consequences: Void Sales & Subsequent Purchasers Under Arkansas’S Statutory Foreclosure Act, Hannah Hungate
Arkansas Law Notes
This Comment explores Arkansas’s Statutory Foreclosure Act and addresses the question of whether there can be a “subsequent purchaser for value” when a foreclosure sale is void from the outset. After a review of the Act itself, distinction between void and voidable foreclosures of property, findings of other state courts, and proper application of the Act, the author urges the Arkansas Supreme Court to make a formal declaration finding that purchasers of property foreclosed upon in a void sale are not “subsequent purchasers for value” under the meaning of the statute.
"A Glass Of Milk Strengthens A Nation." Law Development, And China's Dairy Tale, Xiaoqian Hu
"A Glass Of Milk Strengthens A Nation." Law Development, And China's Dairy Tale, Xiaoqian Hu
Journal of Food Law & Policy
Historically, China was a soybean nation and not a dairy nation. Today, China has become the world’s largest dairy importer and third largest dairy producer, and dairy has surpassed soybeans in both consumption volume and sales revenue. This article investigates the legal, political, and socioeconomic factors that drove this transformation, and building upon fieldwork in two Chinese counties, examines the transformation’s socioeconomic impact on China’s several hundred million farmers and ex-farmers and political impact on the Chinese regime. The article makes two arguments. First, despite changes of times and political regimes, China’s dairy tale is a tale about chasing the …
Wire(Less) Tapping: Protecting Arkansans' Fourth Amendment Right In The Era Of The Cloud, Erin James
Wire(Less) Tapping: Protecting Arkansans' Fourth Amendment Right In The Era Of The Cloud, Erin James
Arkansas Law Review
Every day we surround ourselves with dozens of devices that monitor our every move, every request, all connecting with one another and sending massive amounts of data back to the device manufacturers. The idea of the prosecution placing the little black cylinder of your Amazon Alexa on the witness stand and asking Alexa to testify against you seems like something pulled from an Orwellian nightmare. But, in reality, it is already occurring.
"Body" Building: Expanding Arkansas's Standard For Holographic Wills, Andrew L. Lawson
"Body" Building: Expanding Arkansas's Standard For Holographic Wills, Andrew L. Lawson
Arkansas Law Review
In times past, entirely handwritten documents represented the vast majority of holographic wills. These homemade testaments included dense pages of text that the drafter diligently memorialized by hand, carefully crafted letters with testamentary directions to the author’s loved ones, and unassuming notes tucked away in a drawer, perhaps with names, proportions, and shorthand property descriptions. If a probate court encountered a holographic testament, odds were that it resembled these traditional examples.
Say What You Mean! How Arkansas Courts Are Contradicting The Default Rule Of Tenancy In Common, Joel Hutcheson
Say What You Mean! How Arkansas Courts Are Contradicting The Default Rule Of Tenancy In Common, Joel Hutcheson
Arkansas Law Notes
In 2015, the Arkansas Court of Appeals ruled that a warranty deed with the grantees listed as “Herbert Love and Gloria Love” vested the property in a tenancy by the entirety. There was no language in the deed designating the grantees as a married couple, such as “husband and wife” or “tenants by the entirety.” In fact, the only way someone reading the deed would know that the grantees were married was that the grantees were also the grantors, where it listed them as husband and wife. The court made its decision by looking to precedent case law which states …
Basic Arkansas Intestate Succession, Rights Of Surviving Spouses, And Related Curative Techniques For Lawyers And Landmen, J. Mark Robinette Jr.
Basic Arkansas Intestate Succession, Rights Of Surviving Spouses, And Related Curative Techniques For Lawyers And Landmen, J. Mark Robinette Jr.
Annual of the Arkansas Natural Resources Law Institute
Mineral interests may lay dormant for decades before becoming productive. In the interim, however, the owners of these interests do not lay dormant. They live long lives, marry, have children, and eventually, they die. Some of these persons have well-laid estate plans, know the nature and extent of their property, and upon their departure to the hereafter, leave their affairs in meticulous order with no question of who is entitled to what and where. Others depart this life leaving little more than a treasure map and their descendants. Generations and many lines of persons descended from one severed mineral owner …