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Articles 1 - 24 of 24
Full-Text Articles in Law
Free For All: Proposing Legislation To Eliminate Food Insecurity In Arkansas Public Schools, A. Mills Bryant
Free For All: Proposing Legislation To Eliminate Food Insecurity In Arkansas Public Schools, A. Mills Bryant
Journal of Food Law & Policy
Schools serve millions of students daily as one of the largest food distribution sites in the United States. However, more than 13.1 million children in the United States, and almost 150,000 in Arkansas, are food insecure. Before the COVID-19 pandemic, most Arkansas schools offered free and reduced lunch to students at or below the poverty line through participation in the National School Lunch Program (“NSLP”). During COVID-19, Congress passed The Families First Coronavirus Response Act (“FFCRA”) and The Coronavirus Aid, Relief, and Economic Security Act (“CARES”) (hereinafter “The Acts”). This legislation effectively eliminated food insecurity in participating American public schools, …
Batson V. Kentucky Guidelines And The Use Of Peremptory Challenges In Arkansas Courts: A Case Study, Abigail Lindsey
Batson V. Kentucky Guidelines And The Use Of Peremptory Challenges In Arkansas Courts: A Case Study, Abigail Lindsey
Political Science Undergraduate Honors Theses
The peremptory challenge is a method by which attorneys can strike a potential juror from the jury pool without a valid reason. With Batson v. Kentucky (1986), the Supreme Court ruled that peremptory challenges cannot be issued on the basis of race, however, there are many problems with the way this precedent has been followed in various states. The goal of this research is to analyze how Arkansas courts implement the Batson precedent. This research also studies whether the way in which Arkansas courts utilize the peremptory challenge creates ideologically imbalanced juries.
Women In Southern Politics: How The Southern Experience Shaped Two Contemporary Forces, Liza Montgomery
Women In Southern Politics: How The Southern Experience Shaped Two Contemporary Forces, Liza Montgomery
Political Science Undergraduate Honors Theses
Numerous books, papers, journals, articles, and newspapers have explored the human experience in the American South for many decades. Much of this recorded history and further academic and historical literature spans the time period since the passage of the Nineteenth Amendment in 1920. Most of these works, while claiming to focus on the entire population, address only the life experiences of men while assuming their information pertains to the entire population. Although a portion of these accounts focus on the African American experience overall, just a fraction examines the female experience. In this paper I will be examining women’s political …
A New Wound For Old Scars: Why Act 1036 Of 2021 Is Unconstitutional And Why The Arkansas Retroactive-Legislation Doctrine Should Change, Bryce Jefferson
A New Wound For Old Scars: Why Act 1036 Of 2021 Is Unconstitutional And Why The Arkansas Retroactive-Legislation Doctrine Should Change, Bryce Jefferson
Arkansas Law Notes
In 2021, the Arkansas General Assembly overwhelmingly approved Act 1036, the Justice for Vulnerable Victims of Sexual Abuse Act. This Act amends the statute of limitations for “vulnerable victims” of sexual abuse. The Act allows a person who was either disabled, a minor, or both at the time he or she was a victim of sexual abuse to bring a civil action against an alleged abuser until the age of fifty-five (55)—replacing the former statutory age limit of twenty-one (21). The Act also revives previously time-barred claims for a period not earlier than six (6) months after and not later …
Recent Development: Arkansas Insurance Dep't. Final Rule 126: "Insurance Business Transfers", Silas Heffley
Recent Development: Arkansas Insurance Dep't. Final Rule 126: "Insurance Business Transfers", Silas Heffley
Arkansas Law Review
Pursuant to Act 1018 of 2021, “An Act to Establish the Arkansas Business Transfer Act,” the Arkansas Insurance Department has promulgated Final Rule 126 “to provide standards and procedures for the transfer and novation of insurance policies from a transferring insurer to an assuming insurer through a transaction known as an ‘insurance business transfer.’” The Rule requires that the applicant submit an Insurance Business Transfer Plan—along with a nonrefundable $10,000 fee—to the Department detailing the transaction. One critical element of this Plan is the Independent Expert Opinion Report. An independent expert will produce a written report to be included in …
Creating Cautionary Tales: Institutional, Judicial, And Societal Indifference To The Lives Of Incarcerated Individuals, Nicole B. Godfrey
Creating Cautionary Tales: Institutional, Judicial, And Societal Indifference To The Lives Of Incarcerated Individuals, Nicole B. Godfrey
Arkansas Law Review
It has long been said that a society’s worth can be judged by taking stock of its prisons. That is all the truer in this pandemic, where inmates everywhere have been rendered vulnerable and often powerless to protect themselves from harm. May we hope that our country’s facilities serve as models rather than cautionary tales. Justice Sonia Sotomayor, joined by Justice Ruth Bader Ginsburg, issued the above-quoted clarion call to protect the lives of incarcerated people on May 14, 2020. At that point, the COVID-19 pandemic had brought American society to a standstill for a little more than two months, …
An Open Governor’S Seat, Open Constitutional Question, And The Need For An Answer, Samuel Steele Mclelland, James R. Baxter
An Open Governor’S Seat, Open Constitutional Question, And The Need For An Answer, Samuel Steele Mclelland, James R. Baxter
Arkansas Law Notes
Another election cycle always means a renewal of fresh lawsuits and legal questions, and 2022 is no exception. the announcement of Sarah Huckabee Sanders’s run for Governor of Arkansas reignites an interesting aspect of Arkansas’s Constitution: must a candidate for Governor live in the State of Arkansas for seven consecutive years, immediately preceding taking office? A final ruling by the Arkansas Supreme Court will give clarity and stability going forward for the most important elected position in the state.
Heads Up! Arkansas Has A New Llc Act, Carol Goforth
Heads Up! Arkansas Has A New Llc Act, Carol Goforth
Arkansas Law Notes
This past legislative session Senate Bill 601, sponsored by Senator Jonathan Dismang, was enacted into law, becoming Ark. Act 1041 on April 30, 2021. This act repeals the old LLC Act and adopts the Uniform Limited Liability Company Act (“ULLCA”), with minimal changes from the uniform language. This short piece points out some basic information about the Arkansas ULLCA and some of the major changes in Arkansas law applicable to LLCs. While lawyers will obviously need to consult the new statute when actual issues arise, this article should at least provide a “heads up” notice to practitioners with LLCs or …
Food And Agricultural Security Strategy And Its Implementation Under Public Health Security And Bioterrorism Preparedness And Response Act Of 2002, Vivek V. Nemane
Food And Agricultural Security Strategy And Its Implementation Under Public Health Security And Bioterrorism Preparedness And Response Act Of 2002, Vivek V. Nemane
Journal of Food Law & Policy
The U.S. agricultural system can be described as concentrated, specialized and industrialized. A typical food chain generally involves agricultural production, storage, processing and distribution. In the U.S. agricultural and food system, most production, distribution and processing is done in a consolidated and centralized manner.
Securing Crypto: Exempting Certain Cryptoassets From The Arkansas Securities Act, Jesse Kloss
Securing Crypto: Exempting Certain Cryptoassets From The Arkansas Securities Act, Jesse Kloss
Arkansas Law Review
Out of fifty states in 2019, Arkansas was ranked forty-fourth for technology and innovation with a grade of “F,” thirty-sixth for economy with a grade of “D+,” and thirty-seventh for business friendliness with a grade of “D+.” It is time to make Arkansas an innovation and business friendly state. Exempting certain fully functional cryptoassets, those that have some purpose other than a speculative or investment purpose, from the Arkansas Securities Act is one step towards doing so.
An Everyday Lawyer’S Shakespeare, Carl J. Circo
An Everyday Lawyer’S Shakespeare, Carl J. Circo
Arkansas Law Notes
This summer, I enjoyed a unique opportunity to explore Shakespeare’s critique of law with a small group of students and a dear colleague in a study abroad program at the University of Arkansas Rome Center. I want to share my reflections on this singularly rewarding experience.
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 …
Medical Malpractice Compensation Reform, Ruby Dean
Medical Malpractice Compensation Reform, Ruby Dean
Political Science Undergraduate Honors Theses
Tort reform legislation is a topic that has been discussed and studied heavily in the states of Texas and California. This is because it has been claimed that these states have had success in bringing more doctors into the states. This thesis studies those states, as well as the state of Arkansas. It examines Arkansas because tort reform legislation was an issue brought up in the most recent election in November 2018 in that state. Although Arkansas’ tort reform ballot measure was removed from the ballot by the Supreme Court of Arkansas, a similar measure could still be brought forth …
Arkansas Open Carry: Understanding Law Enforcement’S Legal Capability Under A Difficult Statute, J. Harrison Berry
Arkansas Open Carry: Understanding Law Enforcement’S Legal Capability Under A Difficult Statute, J. Harrison Berry
Arkansas Law Review
“There seems to us no doubt, on the basis of both text and history, that the Second Amendment conferred an individual right to keep and bear arms.”1 Although the United States Supreme Court in District of Columbia v. Heller established a fundamental understanding that individuals have a right to own a gun for personal use, the Court recognized that, as with all fundamental rights, the individual right to keep and bear arms is “not unlimited.”2 A few limits the Court mentioned included “prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of …
School Discipline In Arkansas, Sarah C. Mckenzie, Gary W. Ritter
School Discipline In Arkansas, Sarah C. Mckenzie, Gary W. Ritter
Policy Briefs
This brief examines school discipline practices and outcomes in Arkansas. Using data publicly available from the Arkansas Department of Education, we examine state-wide discipline trends, summarize the analysis on school-level data demonstrating disparities in student discipline, and make recommendations for utilizing this information.
Just Discrimination: Arkansas Parochial Schools And The Defense Of Segregation, Misty Landers
Just Discrimination: Arkansas Parochial Schools And The Defense Of Segregation, Misty Landers
Graduate Theses and Dissertations
This thesis examines the continued segregation of parochial schools in the Little Rock Catholic Diocese after the Supreme Court’s 1954 Brown v. Board of Education ruling. The thesis compares the failure of the parochial schools in Little Rock to integrate to the success of integration in Arkansas’s southern neighbors, St. Louis and New Orleans. In those cities, integration occurred after the appointment of new head prelates who threatened excommunication when confronted with segregationist protests and threats of violence. Bishop Albert Fletcher, the head of the Little Rock Diocese, has been perceived as supportive of integration efforts and aligned with his …
History And Analysis Of The Fayetteville, Arkansas Human Civil Rights Ordinance, Michaela E. Pecoraro
History And Analysis Of The Fayetteville, Arkansas Human Civil Rights Ordinance, Michaela E. Pecoraro
Accounting Undergraduate Honors Theses
This study is a thorough documentation of the introduction and development of civil rights legislation in the City of Fayetteville, Arkansas. Specifically, the study details local and state-wide civil rights legislation that offers civil right protections to the Lesbian, Gay, Bisexual and Transsexual (LGBT) community and the discrimination that they face. The state’s progression towards a more LGBT inclusive society began with local municipalities drafting ordinances protecting citizens from discrimination based on sexual orientation and gender identity; this study focuses on Fayetteville’s and the legislative process that followed. The discussion of LGBT civil rights is a sensitive and controversial matter, …
Charter School Authorizers, Reed Greenwood, Gary W. Ritter
Charter School Authorizers, Reed Greenwood, Gary W. Ritter
Policy Briefs
Two types of charter schools exist in Arkansas: open-enrollment charter schools, which operate independently of any district, and district conversion charter schools, which operate within an existing school district. Charter schools have more autonomy on certain rules and regulations than traditional public schools; however, charter schools are held accountable for academic results and fiscal matters, as defined by the charters contract. Charter schools are approved and held accountable by a charter authorizer. In the 2013 General Assembly, a law passed to change Arkansas’ charter authorizer from the State Board of Education to a newly created panel within the Department of …
Categorical Funding In Arkansas, Reed Greenwood, Gary W. Ritter
Categorical Funding In Arkansas, Reed Greenwood, Gary W. Ritter
Policy Briefs
As a result of the Arkansas Supreme Court’s Lake View v. Huckabee Decision, the Public School Funding Act of 2003 established Arkansas’ current funding system. A part of the current system allocates additional funding for districts based on need (categorical funding). In doing so, the state recognizes that it is necessary to distribute additional funding based on educational need to meet adequacy and equity standards. The system allocates funding for groups of students who face particular challenges: Alternative Learning Environment students (ALE), English-language Learners (ELL), and students in poverty (National School Lunch Act). In the current legislative session, lawmakers are …
Oep Welcomes New Commissioner: Tom Kimbrell, Nathan C. Jensen, Gary W. Ritter
Oep Welcomes New Commissioner: Tom Kimbrell, Nathan C. Jensen, Gary W. Ritter
Policy Briefs
The Office for Education Policy is excited to welcome the new Arkansas Education Commissioner – Dr. Tom Kimbrell.
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 …
Case Law Update & Litigation Trends, Thomas A. Daily
Case Law Update & Litigation Trends, Thomas A. Daily
Annual of the Arkansas Natural Resources Law Institute
With one exception, the severance tax, it has been a pretty quiet year so far in Arkansas, though, with the legislature in session, that could change any minute. Luckily, cases from other states more than fill the void. Here we go!
Help Wanted: Seeking One Good Appellate Brief That Forces The Arkansas Supreme Court To Clarify Its Criminal Discovery Jurisprudence, Brian Gallini
Help Wanted: Seeking One Good Appellate Brief That Forces The Arkansas Supreme Court To Clarify Its Criminal Discovery Jurisprudence, Brian Gallini
School of Law Faculty Publications and Presentations
This Essay first argues that Arkansas has yet to conclusively articulate when a prosecutorial suppression of evidence in response to defense counsel's discovery request violates either the federal or state due process clauses, or the state rules of criminal procedure. More importantly, however, this Essay contends that the Arkansas Supreme Court should require prosecutors to turn over all statements in response to a specific discovery request even if those statements are only arguably “material” and “favorable to the accused.” Doing so would provide to defendants more protection pursuant to the Arkansas Constitution than they now enjoy under the Federal Constitution.Part …
Step Out Of The Car: License, Registration, And Dna Please, Brian Gallini
Step Out Of The Car: License, Registration, And Dna Please, Brian Gallini
School of Law Faculty Publications and Presentations
No Arkansas appellate court has examined the constitutionality of the recently enacted House Bill 1473 – better known as “Juli’s Law” – which allows officers to take DNA samples from suspects arrested for capital murder, murder in the first degree, kidnapping, sexual assault in the first degree, and sexual assault in the second degree. This Essay contends that Juli’s Law violates the Fourth Amendment of the federal constitution. Part I highlights certain features of the statute and explores the rationale underlying its enactment. Part II discusses the only published decision upholding the practice of taking of DNA samples from certain …