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Full-Text Articles in Law
Texaco, Inc. V. Short (U.S. Supreme Court): An Analysis Of The Proposed Dormant Mineral Legislation For Arkansas, Phillip E. Norvell
Texaco, Inc. V. Short (U.S. Supreme Court): An Analysis Of The Proposed Dormant Mineral Legislation For Arkansas, Phillip E. Norvell
Annual of the Arkansas Natural Resources Law Institute
No abstract provided.
The Citizen's Relief Against Inactive Federal Officials: Case Studies In Mandamus, Actions "In The Nature Of Mandamus," And Mandamus Injunctions, Howard Brill
School of Law Faculty Publications and Presentations
In response to citizen pressure and perceived need legislative bodies have enacted statutes prescribing specific legislative standards designed to protect the public. The scope of these statutes has required a corresponding growth of the administrative process. For instance, statutes enacted by Congress in the past few decades include provisions mandating that the Department of Education (hereinafter DOE) deny federal funds to schools that fail to desegregate in accordance with constitutional standards. When the legislature has spoken the citizen expects a certain result; yet, the DOE may continue to provide funds to these schools. However, in all likelihood this failure to …
The Election Of Remedies Doctrine In Arkansas, Howard Brill
The Election Of Remedies Doctrine In Arkansas, Howard Brill
School of Law Faculty Publications and Presentations
The doctrine of election of remedies provides that if a party has two or more inconsistent remedies for a single cause of action, or arising from a single transaction, only one remedy may be ultimately pursued and only one remedy satisfied. The classic, and perhaps most frequent, illustration of the doctrine is presented in contract cases in which the plaintiff alleges that he was fraudulently induced to enter into the transaction. The buyer of the property must choose whether to keep the goods and sue for damages for fraud, thus affirming the contract, or to rescind the contract for fraud …