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Full-Text Articles in Law
Recent Developments, Clinton T. Summers
Recent Developments, Clinton T. Summers
Arkansas Law Review
The United States Supreme Court upheld an Arkansas law regulating how pharmacies are reimbursed by pharmacy benefit managers. In Rutledge v. Pharmaceutical Care Management Ass’n, a unanimous Court decided that Arkansas Act 900, passed in 2015, was not pre-empted by the federal Employee Retirement Income Security Act of 1974 (“ERISA”).
Foreseeably Uncertain: The (In)Ability Of School Officials To Reasonably Foresee Substantial Disruption To The School Environment, Maggie Geren
Arkansas Law Review
“Ms. Sarah Phelps is the worst teacher I’ve ever met.” While the name of this Facebook page is perhaps a bit harsh, most would hardly view it as grounds for school suspension. The very heart of the First Amendment, and indeed the notion for which our Framers drafted it, is the right of citizens to “think, speak, write and worship as they wish, not as the Government commands.” Without this fundamental freedom—one that has persevered despite countless efforts to narrow its reach—the American people would live in constant fear of backlash and suppression for merely voicing their opinions.
Overruling Mcculloch?, Mark A. Graber
Overruling Mcculloch?, Mark A. Graber
Arkansas Law Review
Daniel Webster warned Whig associates in 1841 that the Supreme Court would likely declare unconstitutional the national bank bill that Henry Clay was pushing through the Congress. This claim was probably based on inside information. Webster was a close association of Justice Joseph Story. The justices at this time frequently leaked word to their political allies of judicial sentiments on the issues of the day. Even if Webster lacked first-hand knowledge of how the Taney Court would probably rule in a case raising the constitutionality of the national bank, the personnel on that tribunal provided strong grounds for Whig pessimism. …