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University of Arkansas, Fayetteville

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Articles 751 - 772 of 772

Full-Text Articles in Law

The Citizen's Relief Against Inactive Federal Officials: Case Studies In Mandamus, Actions "In The Nature Of Mandamus," And Mandamus Injunctions, Howard Brill Jan 1983

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 Jan 1983

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 …


The Arkansas Royalty Deed: Answers And Questions, Oliver M. Clegg Feb 1982

The Arkansas Royalty Deed: Answers And Questions, Oliver M. Clegg

Annual of the Arkansas Natural Resources Law Institute

No abstract provided.


Extending The Oil & Gas Lease Into The Secondary Term On Outside Acreage By Production Within The Unit, Phillip E. Norvell Feb 1981

Extending The Oil & Gas Lease Into The Secondary Term On Outside Acreage By Production Within The Unit, Phillip E. Norvell

Annual of the Arkansas Natural Resources Law Institute

No abstract provided.


Harvey V. Eastman Kodak Company: Faculty Note, Howard Brill Jan 1981

Harvey V. Eastman Kodak Company: Faculty Note, Howard Brill

School of Law Faculty Publications and Presentations

In one brief opinion, the Arkansas Supreme Court has finally answered the question that has confused and beguiled attorneys since the adoption of the Arkansas Rules of Civil Procedure in July 1979: Has Arkansas moved toward or adopted the notice pleading of the Federal Rules of Civil Procedure? The simple answer: No.


The Arkansas Code Of Judicial Conduct, Howard Brill Jan 1981

The Arkansas Code Of Judicial Conduct, Howard Brill

School of Law Faculty Publications and Presentations

In 1973, soon after its adoption by the American Bar Association, the Arkansas Supreme Court adopted the Code of Judicial Conduct. The Code has not been generally available in Arkansas. An easily accessible version of the Code is needed in view of the expansion of the judiciary, the original Arkansas options, the broadcasting revision, a 1982 modification in the judicial campaign requirements, and a developing body of case law on the disqualification of judges under the Code.For the Arkansas version that appears in this issue of the Law Review, I have omitted from the official ABA version the financial interests …


Possible Solutions To The Problem Presented By Missing Owners Of Fee Simple Title Or Non-Consenting Owners With Coal Or Lignite Prospect, Phillip E. Norvell Mar 1980

Possible Solutions To The Problem Presented By Missing Owners Of Fee Simple Title Or Non-Consenting Owners With Coal Or Lignite Prospect, Phillip E. Norvell

Annual of the Arkansas Natural Resources Law Institute

No abstract provided.


Federal Rule Of Civil Procedure 14 And Ancillary Jurisdiction, Howard Brill Jan 1980

Federal Rule Of Civil Procedure 14 And Ancillary Jurisdiction, Howard Brill

School of Law Faculty Publications and Presentations

The federal courts have long struggled with the conflict be- tween the limits of their constitutional and statutory jurisdiction and their desire to provide complete relief to petitioning parties. Because of problems associated with this tension, the federal courts adopted the doctrine of ancillary jurisdiction. Ancillary jurisdiction enables a court adjudicating a matter properly before it to decide other related matters even though it would lack jurisdiction to decide the related matters if they were presented independently. The doctrine was originally created to allow a federal court to adjudicate all claims affecting a controversy properly brought before it, but was …


The Arkansas Supreme Court Committee On Professional Conduct 1969-1979: A Call For Reform, Howard Brill Jan 1980

The Arkansas Supreme Court Committee On Professional Conduct 1969-1979: A Call For Reform, Howard Brill

School of Law Faculty Publications and Presentations

n most states the legal profession and the general public have been forced to endure a fragmented and non-uniform mechanism for disciplining attorneys who are guilty of professional misconduct. This has not been the case in Arkansas. Although it lacks an integrated bar, the state for four decades has enjoyed a unified disciplinary system under the control of the Arkansas Supreme Court. Arkansas' centralized approach to regulating the legal profession has been justifiably praised, but significant weaknesses hamper its continued effectiveness. This article reviews the development of the disciplinary system in Arkansas, evaluates the existing structure and criticizes, in some …


The Coal And Lignite Lease Compared To The Oil And Gas Lease, Phillip E. Norvell Feb 1977

The Coal And Lignite Lease Compared To The Oil And Gas Lease, Phillip E. Norvell

Annual of the Arkansas Natural Resources Law Institute

No abstract provided.


Protection For The Hard Of Hearing: State And Federal Regulation Of Hearing Aid Dealers, Howard Brill Jan 1977

Protection For The Hard Of Hearing: State And Federal Regulation Of Hearing Aid Dealers, Howard Brill

School of Law Faculty Publications and Presentations

Nearly three million Americans have come to rely on hearing aids for assistance with their hearing problems. In this Article, Professor Brill compares the forty-five state laws and the new federal guidelines which regulate the hearing aid industry in an attempt to determine which state regulations are most effective in meeting the desired goal of protecting the hard of hearing.


Book Review: Verdicts On Lawyers, Howard Brill Jan 1976

Book Review: Verdicts On Lawyers, Howard Brill

School of Law Faculty Publications and Presentations

This piece is a book review of Verdicts on Lawyers. Edited by Nader, Ralph & Green, Mark. Thomas Y. Crowell Company: New York, New York, 1976.


Up The River Without A Paddle, James E. West Feb 1975

Up The River Without A Paddle, James E. West

Annual of the Arkansas Natural Resources Law Institute

No abstract provided.


The Severed Mineral Estate Problem: Are There Legislative Solutions?, Oliver M. Clegg Apr 1974

The Severed Mineral Estate Problem: Are There Legislative Solutions?, Oliver M. Clegg

Annual of the Arkansas Natural Resources Law Institute

No abstract provided.


Book Review: Space Adrift, Landmark Preservation And The Marketplace, Howard Brill Jan 1974

Book Review: Space Adrift, Landmark Preservation And The Marketplace, Howard Brill

School of Law Faculty Publications and Presentations

This piece is a book review of SPACE ADRIFT: LANDMARK PRESERVATION AND THE MARKETPLACE. By John L. Costonis. Urbana, Illinois: University of Illinois Press 1974.


Review Of Recent Court Decisions Affecting The Oil And Gas Industry, Oliver M. Clegg Apr 1972

Review Of Recent Court Decisions Affecting The Oil And Gas Industry, Oliver M. Clegg

Annual of the Arkansas Natural Resources Law Institute

No abstract provided.


Death With Dignity: A Recommendation For Statutory Change, Howard Brill Jan 1970

Death With Dignity: A Recommendation For Statutory Change, Howard Brill

School of Law Faculty Publications and Presentations

In the 1969 session of the Florida legislature, a state representative introduced a bill to deal with the problem of the hopeless patient. This bill would have amended the Florida constitution by incorporating into section 2 of the Declaration of Rights the right "to be permitted to die with dignity." Following the failure of the bill to be reported out of committee, the legislator recast the proposal as a statute and prefiled it in the House of Representatives. The proposal now provides that any person may execute, with the formalities required for execution of a will, a document stating that …


Measuring Of Damages From Drilling And Producing Operations, Paul M. Shaver Apr 1968

Measuring Of Damages From Drilling And Producing Operations, Paul M. Shaver

Annual of the Arkansas Natural Resources Law Institute

No abstract provided.


Integration Of Leased And Unleased Interests, H. Y. Rowe Apr 1964

Integration Of Leased And Unleased Interests, H. Y. Rowe

Annual of the Arkansas Natural Resources Law Institute

No abstract provided.


Descent And Distribution, James E. West Apr 1964

Descent And Distribution, James E. West

Annual of the Arkansas Natural Resources Law Institute

No abstract provided.


Procedural Problems In Lease Cancellation Cases, Oliver M. Clegg Apr 1963

Procedural Problems In Lease Cancellation Cases, Oliver M. Clegg

Annual of the Arkansas Natural Resources Law Institute

No abstract provided.


Strohacker Revisited-A Problem In Mineral Conveyances, Sam Sexton Jr. Apr 1962

Strohacker Revisited-A Problem In Mineral Conveyances, Sam Sexton Jr.

Annual of the Arkansas Natural Resources Law Institute

No abstract provided.