Law Commons^™

Contract Law—Conspicuous Arbitration Agreements In Online Contracts: Contradictions And Challenges In The Uber Cases, Matthew Hoffman

University of Arkansas at Little Rock Law Review

No abstract provided.

Arbitration Law In Tension After Hall Street: Accuracy Of Finality?, Stanley A. Leasure

University of Arkansas at Little Rock Law Review

No abstract provided.

2010: A Second Odyssey Into Arkansas Land-Use Law, Buckley W. Bridges

University of Arkansas at Little Rock Law Review

No abstract provided.

Employment Discrimination - In Vitro Fertilization And The Pregnancy Discrimination Act Of 1978: How Far Can The Courts Expand The Coverage Of The Pda To Protect Reproductive Technology, Justin A. Hinton

University of Arkansas at Little Rock Law Review

No abstract provided.

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 …

Standing In The Way Of Clarity: Hein V. Freedom From Religion Foundation, Inc., Mark Wankum

University of Arkansas at Little Rock Law Review

This article deals with the often misunderstood and maligned issue of taxpayer standing. It seeks to explore the Court's standing jurisprudence as it has evolved from "cases and controversies" to a modern constitutional doctrine. The article begins with a discussion of the Framers' judiciary and the development of a modern standing doctrine. It then turns to the area of taxpayer and citizen suits, exploring the judicial landmarks and landmines from Frothigham v. Mellon to Flast. Next, applications and limitations of the Flast test during the Burger, Rehnquist, and early Roberts Courts are explored, before turning to the most recent decision …

Employment & Disability Law—Americans With Disabilities Act Of 1990—The Weight Of Personal Responsibility: Obesity, Causation, And Protected Physical Impairments, Matthew Glover

University of Arkansas at Little Rock Law Review

On July 26, 1990, Congress enacted the Americans with Disabilities Act (ADA), which became effective two years later. Because the ADA lacked a list of all the disabilities it covered, courts have considered obesity and morbid obesity to be disabilities in some cases but not in others, notwithstanding the legislation’s desire for clarity and consistency in eliminating discrimination against the individuals with disabilities.

There seems to be a trend towards presuming that obesity is a matter of personal responsibility rather than a protected disability. The most recent developments in obesity jurisprudence have held that morbid obesity—absent evidence of physiological causation—was …

Constitutional Law—First Amendment And Congress's Spending Clause Power—The Supreme Court's Supports Military Recruiters And The United States Military's Discrimination Against Homosexuals Despite Law Schools' Protests. Rumsfeld V. Forum For Academic & Institutional Rights, Inc., 126 S. Ct. 1297 (2006)., Matthew K. Brown

University of Arkansas at Little Rock Law Review

p> This note examines the forces in play leading up to the United States Supreme Court's decision in Rumsfeld v. Forum for Academic & Institutional Rights, Inc., a case in which the Court upheld a federal law conditioning the receipt of federal funding by law schools (and other institutions of higher learning) on those schools granting United States Military recruiters equal access to students, despite First Amendment claims brought by those schools. This note first explores the facts leading to the controversy that culminated in an appeal to the Supreme Court. Next, this note explores the background of the issues …

Intellectual Property - Copyright & Internet Law - "The Big Chill": The Supreme Court Adopts An Inducement Standard For Third-Party Copyright Infringement Liability, Leaving Innovation In The Cold Metro-Goldwyn-Mayer Studios, Inc. V. Grokster, Ltd., 125 S. Ct. 2764 (2005)., Darrin Keith Henning

University of Arkansas at Little Rock Law Review

A key feature of an effective copyright system is to provide protection against infringement that is consistent with a copyright's goal: to "promote . . . useful Arts." Thus, for the overall public good, it is vital to achieve a proper balance between protecting authors' works as an incentive to create and the public's interest in accessing both creative works and new technology. The outcome of Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd. (Grosker III) and the resulting business and legal developments created ambiguity and doubt regarding potential liability in the copyright system that is having a deleterious effect on technical …

Intellectual Property Trademark Law—Victor/Victoria?—The United States Supreme Court Requires Trademark Dilution Plaintiffs To Show Actual Harm. Mosely V. Victoria's Secret Catalogue, Inc., 537 U.S. 418 (2003), Stephanie Egner

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

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—Supreme Court Upholds Thirty-Day Moratorium On Lawyers' Direct Mail Solicitation Of Accident Victims, Mark W. Hodge

University of Arkansas at Little Rock Law Review

No abstract provided.

Arbitration Of A Securities Dispute—An Overview For The Practitioner, Richard C. Downing, Patrick R. James

University of Arkansas at Little Rock Law Review

No abstract provided.

Wrongful Discharge—Sexual Harassment Equated With Prostitution To Find Public Policy Exception, Kim Vance

University of Arkansas at Little Rock Law Review

No abstract provided.