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Articles 1 - 30 of 64
Full-Text Articles in Law
The Sperminator As A Public Nuisance: Redressing Wrongful Birth And Life Claims In New Ways (A.K.A. New Tricks For Old Torts), Barbara Pfeffer Billauer
The Sperminator As A Public Nuisance: Redressing Wrongful Birth And Life Claims In New Ways (A.K.A. New Tricks For Old Torts), Barbara Pfeffer Billauer
University of Arkansas at Little Rock Law Review
No abstract provided.
A Torahic Case Against Sjr8, Josh Burk
A Torahic Case Against Sjr8, Josh Burk
University of Arkansas at Little Rock Law Review
No abstract provided.
Arkansas, Meet Tarasoff: The Question Of Expanded Liability To Third Persons For Mental Health Professionals, J. Thomas Sullivan
Arkansas, Meet Tarasoff: The Question Of Expanded Liability To Third Persons For Mental Health Professionals, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.
Health Law—A Call For The Arkansas General Assembly To Modernize The Standard Of Care Requirement In Medical Malpractice Cases. Broussard V. St. Edward Mercy Health System, Inc., 2012 Ark. 14, 386 S.W.3d 385., Jarred Kibbey
University of Arkansas at Little Rock Law Review
No abstract provided.
Third Party Funding Of Personal Injury Tort Claims: Keep The Baby And Change The Bathwater, Terrence Cain
Third Party Funding Of Personal Injury Tort Claims: Keep The Baby And Change The Bathwater, Terrence Cain
Faculty Scholarship
In the early 1990s, a period of high-risk lending at high interest rates, a new entrant emerged in civil litigation: the Litigation Finance Company (“LFC”). LFCs advance money to plaintiffs involved in contingency fee litigation. The money is provided on a non-recourse basis, meaning the plaintiff repays the LFC only if she obtains money from the lawsuit through a settlement, judgment, or verdict. If the plaintiff does not recover anything, she will not owe the LFC anything. When she does repay the LFC, however, she could end up paying as much as 280% of the amount advanced by the LFC. …
A Case For A Bill Recognizing Primary Assumption Of Risk As Limiting Liability For Persons And Providers Who Take Part In Sports & Recreational Activities, J. Russell Versteeg
A Case For A Bill Recognizing Primary Assumption Of Risk As Limiting Liability For Persons And Providers Who Take Part In Sports & Recreational Activities, J. Russell Versteeg
University of Arkansas at Little Rock Law Review
No abstract provided.
Privacy For Social Networking, Connie Davis Powell
Privacy For Social Networking, Connie Davis Powell
University of Arkansas at Little Rock Law Review
This article begins by considering the emergence of social networks as a major medium of communication and posits that the success of social networks is attributable to their users' willingness to share their information. Next, the article considers the expectation of privacy for users of social networks and whether such expectation is reasonable. In particular, the article discusses the privacy policies and legal terms governing the use of social networks, and tracks the evolution of such terms and policies as they slowly whittle away user control over time. The article then discusses public outcry regarding the disclosure of information contrary …
Post-Mortem Right Of Publicity In Arkansas: Protecting Against The Unauthorized Use Of A Person’S Identity For Commercial Purposes, Rashauna A. Norment
Post-Mortem Right Of Publicity In Arkansas: Protecting Against The Unauthorized Use Of A Person’S Identity For Commercial Purposes, Rashauna A. Norment
University of Arkansas at Little Rock Law Review
The right of publicity protects a person against the use of his or her name, identity, likeness, or other personal characteristics for commercial purposes without consent. Many states have implemented a statutory right of publicity or have recognized the right under common law. Currently, only three states have a post-mortem right of publicity. This article discusses jurisdictions that have adopted a postmortem right of publicity, and advocates that Arkansas adopt a postmortem right of publicity for everyone.
Specifically, the article argues that traditional protection stemming from actions for invasion of a right of privacy, trademark infringement, and copyright infringement cannot …
Tort Law—Tortious Interference With Business Expectancy – A Trap For The Wary And Unwary Alike, Larry Watkins
Tort Law—Tortious Interference With Business Expectancy – A Trap For The Wary And Unwary Alike, Larry Watkins
University of Arkansas at Little Rock Law Review
Despite remaining stable and unchanged over the last decade, tortious interference has also remained problematic in Arkansas. Although tortious interference with contract in Arkansas suffers from many ailments, this note focuses on interference with business expectancy, discussing interference with contract only as necessary. Specifically, the note argues that tortious interference in Arkansas should be formally separated into two distinct rules—interference with contract and interference with business expectancy—in order to keep courts from mixing terms and standards from both rules when addressing only one cause of action. This note further proposes that the improper element of tortious interference in Arkansas should …
Tort Law—Hedonic Damages—Arkansas's Application Of Hedonic Damages To Wrongful-Death Suits: Is Arkansas's Method Misconceived?, Joshua Michael Robles
Tort Law—Hedonic Damages—Arkansas's Application Of Hedonic Damages To Wrongful-Death Suits: Is Arkansas's Method Misconceived?, Joshua Michael Robles
University of Arkansas at Little Rock Law Review
No abstract provided.
Health Law-Informed Consent-Trust Me, I Do This All The Time: Comparative Provider Statistics And Informed Consent In Arkansas, Barrett S. Moore
Health Law-Informed Consent-Trust Me, I Do This All The Time: Comparative Provider Statistics And Informed Consent In Arkansas, Barrett S. Moore
University of Arkansas at Little Rock Law Review
No abstract provided.
Health Law—Negligent Credentialing And You: What Happens When Hospitals Fail To Monitor Physicians, Whitney Foster
Health Law—Negligent Credentialing And You: What Happens When Hospitals Fail To Monitor Physicians, Whitney Foster
University of Arkansas at Little Rock Law Review
No abstract provided.
Overlooking Tort Claimants' Best Interests: Non-Debtor Releases In Asbestos Bankruptcies , Joshua M. Silverstein
Overlooking Tort Claimants' Best Interests: Non-Debtor Releases In Asbestos Bankruptcies , Joshua M. Silverstein
Faculty Scholarship
The asbestos crisis has spawned the development of extraordinary new remedies. One of the most dramatic and controversial is known as a "non-debtor release," a bankruptcy order extinguishing claims against a party who has not itself filed for bankruptcy. Also known as a "third-party release," this form of relief first found acceptance in early asbestos insolvencies. Since that time, Congress has passed a statute—§ 524(g) of the Bankruptcy Code—that expressly authorizes non-debtor releases in asbestos reorganizations. Powerful remedies are subject to abuse, and third-party releases are no exception. In this article, I argue that bankruptcy courts and litigants have overlooked …
Securities Law—The Securities Exchange Act Of 1934—'Round And 'Round We Go: The Supreme Court Again Limits The Circumstances In Which Federal Courts May Hold Secondary Actors Liable Under Section 10(B) And Sec Rule 10b-5. Stoneridge Investment Partners, Llc V. Scientific-Atlanta, Inc., 128 S. Ct. 761 (2008)., W. Taylor Marshall
University of Arkansas at Little Rock Law Review
In Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc., the Supreme Court addressed the plaintiffs' bar's most recent theory for recovery against secondary actors under section 10(b): "scheme liability." Rejecting the theory as beyond the scope of liability intended by Congress, the court sharply narrowed the circumstances under which courts may hold secondary actors liable under section 10(b) and SEC Rule 10b-5. Although Stoneridge clearly limits the circumstances in which federal courts may hold secondary actors liable under section 10(b) and SEC Rule 10b-5, lower federal courts have historically alleviated the harshness of the Supreme Court's approach to securities litigation by …
Darned If You Due Process, Darned If You Don't! Understanding The Due Process Dilemma For Punitive Damages In Title Vii Class Actions, Paul Edgar Harold, Tracy L. Cole
Darned If You Due Process, Darned If You Don't! Understanding The Due Process Dilemma For Punitive Damages In Title Vii Class Actions, Paul Edgar Harold, Tracy L. Cole
University of Arkansas at Little Rock Law Review
When Congress expanded the remedies available to Title VII the plaintiffs in the Civil Rights Act of 1991 to include compensatory and punitive damages, it did not realize that it was creating a minefield for certifying would-be Title VII class actions. The Fifth Circuit thoroughly explored many of the new pitfalls and hazards in its landmark opinion in Allison v. Citgo Petroleum Corp. This article attempts to critically evaluate a recent post-Allison trend whereby Title VII plaintiffs seeking class certification have foregone their claims for compensatory damages while still seeking punitive damages. Plaintiffs, relying on the Supreme Court's recent cases …
If The Constable Blunders, Does The County Pay?: Liability Under Title 42 U.S.C. § 1983, Andrew Fulkerson
If The Constable Blunders, Does The County Pay?: Liability Under Title 42 U.S.C. § 1983, Andrew Fulkerson
University of Arkansas at Little Rock Law Review
No abstract provided.
Contract Law—The Collision Of Tort And Contract Law: Validity And Enforceability Of Exculpatory Clauses In Arkansas. Jordan V. Diamond Equipment, 2005 Wl 984513 (2005)., John G. Shram
University of Arkansas at Little Rock Law Review
No abstract provided.
Spoliation Of Evidence: Why This Evidentiary Concept Should Not Be Transformed Into Separate Causes Of Action, Jason B. Hendren
Spoliation Of Evidence: Why This Evidentiary Concept Should Not Be Transformed Into Separate Causes Of Action, Jason B. Hendren
University of Arkansas at Little Rock Law Review
No abstract provided.
Qualified Immunity After Hope V. Pelzer: Is "Clearly Established" Any More Clear?, Leah Chavis
Qualified Immunity After Hope V. Pelzer: Is "Clearly Established" Any More Clear?, Leah Chavis
University of Arkansas at Little Rock Law Review
No abstract provided.
Sizing Up A Multi-Party Tortfeasor Suit In Arkansas: A Tale Of Two Laws—How Fault Is, And Should Be, Distributed, Joseph R. Falasco
Sizing Up A Multi-Party Tortfeasor Suit In Arkansas: A Tale Of Two Laws—How Fault Is, And Should Be, Distributed, Joseph R. Falasco
University of Arkansas at Little Rock Law Review
No abstract provided.
A Chilly Reception At The Court, David J. Bederman
A Chilly Reception At The Court, David J. Bederman
The Journal of Appellate Practice and Process
No abstract provided.
Appellate Malpractice, Steven Wisotsky
Appellate Malpractice, Steven Wisotsky
The Journal of Appellate Practice and Process
No abstract provided.
Arkansas Surfers And Their Privacy, Or Lack Thereof: Does The Common Law Invasion Of Privacy Tort Prohibit E-Tailers' Use Of "Cookies"?, Bryan T. Mckinney, Dwayne Whitten
Arkansas Surfers And Their Privacy, Or Lack Thereof: Does The Common Law Invasion Of Privacy Tort Prohibit E-Tailers' Use Of "Cookies"?, Bryan T. Mckinney, Dwayne Whitten
University of Arkansas at Little Rock Law Review
No abstract provided.
Torts—Wrongful Death—The Birth Of Fetal Rights Under Arkansas's Wrongful Death Statute: The Arkansas Supreme Court Recognizes A Fetus As A "Person." Aka V. Jefferson Hospital Ass'n, 344 Ark. 627, 42 S.W.3d 508 (2001)., Raina Weaver
University of Arkansas at Little Rock Law Review
No abstract provided.
Tort Law—Spoliators Beware, But Fear Not An Independent Civil Suit. Goff V. Harold Ives Trucking Co., 342 Ark. 143, 27 S.W.3d 387 (2000)., Margaret A. Egan
Tort Law—Spoliators Beware, But Fear Not An Independent Civil Suit. Goff V. Harold Ives Trucking Co., 342 Ark. 143, 27 S.W.3d 387 (2000)., Margaret A. Egan
University of Arkansas at Little Rock Law Review
No abstract provided.
Food Lion As Reform Or Revolution: "Publication Damages" And First Amendment Scrutiny, Susan M. Gilles
Food Lion As Reform Or Revolution: "Publication Damages" And First Amendment Scrutiny, Susan M. Gilles
University of Arkansas at Little Rock Law Review
No abstract provided.
Tort Law—Tort Immunity For Non-Profits—Is The Charitable Immunity Defense Becoming An Offense For Arkansas Hospitals? George V. Jefferson Hospital Ass'n, 337 Ark. 206, 987 S.W.2d 710 (1999)., Christa S. Clark
University of Arkansas at Little Rock Law Review
No abstract provided.
Tort Law—Tortious Interference With Contract: The Arkansas Supreme Court Clarifies Who Has The Burden And What They Have To Prove. Mason V. Wal-Mart Stores, Inc., 333 Ark. 3, 969 S.W.2d 160 (1998)., Odette Woods
University of Arkansas at Little Rock Law Review
No abstract provided.
Torts—Dramshop Liability In Arkansas—Illegal Sales Of Liquor To Minors May Expose Alcohol Vendors To Expensive Liability. Shannon V. Wilson, 329 Ark. 143, 947 S.W.2d 349 (1997)., Dustin Blake Mcdaniel
Torts—Dramshop Liability In Arkansas—Illegal Sales Of Liquor To Minors May Expose Alcohol Vendors To Expensive Liability. Shannon V. Wilson, 329 Ark. 143, 947 S.W.2d 349 (1997)., Dustin Blake Mcdaniel
University of Arkansas at Little Rock Law Review
No abstract provided.
Torts—Punitive Damages: A New Finish On Punitive Damages. Bmw Of North America V. Gore, 116 S.Ct. 1589 (1996), Mimi Bass Miller
Torts—Punitive Damages: A New Finish On Punitive Damages. Bmw Of North America V. Gore, 116 S.Ct. 1589 (1996), Mimi Bass Miller
University of Arkansas at Little Rock Law Review
No abstract provided.