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- First Amendment (3)
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- Arkansas prevailing-party statute; prevailing-party statute--bonus to recovery on a strong suit for breach vs. dampening effect if risk of loss too great; various approaches to attorney’s fees in contract disputes; fee-shifting rules; (1)
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- Board of Trustees of the University of Alabama v. Garrett; Americans with Disabilities Act; state employees and ex parte Young; Title I of the ADA and local governments; Consonance based congruence and proportionality; disability discrimination made illegitimate for equal protection purposes by the ADA as Commerce Clause legislation (1)
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- Cannabis-related businesses; U. S. Bankruptcy Code may not help cannabis businesses needing protection; ramifications of classifying cannabis as a controlled substance; law-enforcement concerns of legalizing cannabis; in re Basrah Custom Design (1)
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Articles 1 - 30 of 35
Full-Text Articles in Law
Fulton V. City Of Philadelphia, And The Rights Of Faith-Based Adoption And Foster Care Agencies, William G. Mcgrath
Fulton V. City Of Philadelphia, And The Rights Of Faith-Based Adoption And Foster Care Agencies, William G. Mcgrath
The Arkansas Journal of Social Change and Public Service
No abstract provided.
Business Law–Corporate Purpose And Benefit Corporations–Making Benefit Corporation Legislation Work For Socially Minded Investors, Cody Mckinney
Business Law–Corporate Purpose And Benefit Corporations–Making Benefit Corporation Legislation Work For Socially Minded Investors, Cody Mckinney
The Arkansas Journal of Social Change and Public Service
No abstract provided.
Covid-19’S Complications For Family Law Counsel: Domestic Violence And Threats To The Well-Being Of Children, J. Thomas Sullivan
Covid-19’S Complications For Family Law Counsel: Domestic Violence And Threats To The Well-Being Of Children, J. Thomas Sullivan
The Arkansas Journal of Social Change and Public Service
No abstract provided.
Till Death Do Us Part: The Legal Remedies Of Sexual Assault In Marriage - Or Lack Thereof, Kaylyn Presley
Till Death Do Us Part: The Legal Remedies Of Sexual Assault In Marriage - Or Lack Thereof, Kaylyn Presley
The Arkansas Journal of Social Change and Public Service
No abstract provided.
New Contexts And Special Factors: The Court’S New Bivens Framework, Alexander J. Lindvall
New Contexts And Special Factors: The Court’S New Bivens Framework, Alexander J. Lindvall
University of Arkansas at Little Rock Law Review
No abstract provided.
Up In Smoke: Bankruptcy And Cannabis, Peter C. Alexander
Up In Smoke: Bankruptcy And Cannabis, Peter C. Alexander
University of Arkansas at Little Rock Law Review
No abstract provided.
Moving The Needle: Two Promising Tools To Attack Arkansas’S Racial Disparity In Criminal Sentencing, Anastasia M. Boles
Moving The Needle: Two Promising Tools To Attack Arkansas’S Racial Disparity In Criminal Sentencing, Anastasia M. Boles
University of Arkansas at Little Rock Law Review
No abstract provided.
Civil Rights Law—Questioning Mcdonnell Douglas? #Metoo.: Resolving The Mcdonnell Douglas Mixed-Motive Question By Adopting The Sixth Circuit’S Preference For Hearing Victims, Laura O’Hara
University of Arkansas at Little Rock Law Review
No abstract provided.
Family Law—Breach Baby: An Argument For Equal Enforcement Of Traditional And Gestational Surrogacy Contracts, James M. Gift
Family Law—Breach Baby: An Argument For Equal Enforcement Of Traditional And Gestational Surrogacy Contracts, James M. Gift
University of Arkansas at Little Rock Law Review
No abstract provided.
Ethical And Aggressive Appellate Advocacy: The Decision To Petition For Certiorari In Criminal Cases, J. Thomas Sullivan
Ethical And Aggressive Appellate Advocacy: The Decision To Petition For Certiorari In Criminal Cases, J. Thomas Sullivan
Faculty Scholarship
Over the past six decades, United States Supreme Court decisions have dramatically reshaped the criminal justice process to provide significant protections for defendants charged in federal and state proceedings, reflecting a remarkable expansion of due process and specific constitutional guarantees. For criminal defendants seeking relief based on recognition of new rules of constitutional criminal procedure, application of existing rules or precedent to novel factual scenarios, or in some cases, enforcement of existing precedent, obtaining relief requires further action on the Court’s part. In those situations, the Court’s exercise of its certiorari jurisdiction is the exclusive remedy offering an avenue for …
Eradicating The School-To-Prison Pipeline Through A Comprehensive Approach To School Equity, Morgan Craven, Paula Johnson, Terrence Wilson
Eradicating The School-To-Prison Pipeline Through A Comprehensive Approach To School Equity, Morgan Craven, Paula Johnson, Terrence Wilson
University of Arkansas at Little Rock Law Review
When examining the school-to-prison pipeline, most focus on issues of exclusionary discipline, the presence of police in schools, or the use of intrusive surveillance and monitoring systems. To close the pipeline, agencies, educators, and advocates must also examine other, broader factors that contribute to educational inequities. We argue in this article that eradicating the school-to-prison pipeline involves tackling the legal structures, policies, practices, and beliefs that create harmful discipline systems and other linked inequitable systems. With Arkansas schools as our illustration, we explain how inequities in discipline, funding, and school accountability create a situation primed to send students into the …
Overcoming Barriers To School Reentry For Youth Leaving Juvenile Justice Facilities, Sarah Beebe, Dustin Rynders
Overcoming Barriers To School Reentry For Youth Leaving Juvenile Justice Facilities, Sarah Beebe, Dustin Rynders
University of Arkansas at Little Rock Law Review
No abstract provided.
Toward The End Of School Policing In Texas And Arkansas, Andrew R. Hairston
Toward The End Of School Policing In Texas And Arkansas, Andrew R. Hairston
University of Arkansas at Little Rock Law Review
No abstract provided.
Making The Case For School-And-Neighborhood Desegregation Approach To Deconstructing The School-To-Prison Pipeline, Deborah Fowler, Madison Sloan, Ellen Stone
Making The Case For School-And-Neighborhood Desegregation Approach To Deconstructing The School-To-Prison Pipeline, Deborah Fowler, Madison Sloan, Ellen Stone
University of Arkansas at Little Rock Law Review
No abstract provided.
Abolishing Private Prisons: A Constitutional And Moral Imperative, André Douglas Pond Cummings, Robert Craig
Abolishing Private Prisons: A Constitutional And Moral Imperative, André Douglas Pond Cummings, Robert Craig
Faculty Scholarship
No abstract provided.
The Ripples Of Backlash: Same-Sex Marriage, The Election Of 2004, And The Evolution Of Constitutional Law, Earl M. Maltz
The Ripples Of Backlash: Same-Sex Marriage, The Election Of 2004, And The Evolution Of Constitutional Law, Earl M. Maltz
University of Arkansas at Little Rock Law Review
The significance of the events of 2016 for the future development of constitutional law has been widely discussed in both scholarly commentaries and the popular press. After the death of Justice Antonin Scalia early in that year, many progressives looked forward hopefully to the prospect of regaining control of the Supreme Court for the first time in almost fifty years. However, after the Senate refused to consider Barack Obama’s nomination of Merrick Garland to replace Justice Scalia, the surprise victory of Donald Trump in the presidential election led instead to further consolidation of the conservative dominance of the Court. Unlike …
Anatomy Of A Failure: The War Powers Resolution As Law On The Books And Law In Action, Luis Leon Arzich
Anatomy Of A Failure: The War Powers Resolution As Law On The Books And Law In Action, Luis Leon Arzich
University of Arkansas at Little Rock Law Review
No abstract provided.
Contract Law—Arkansas’S Un-American Approach To Attorney’S Fees For Breach Of Contract, Michael J. Berry
Contract Law—Arkansas’S Un-American Approach To Attorney’S Fees For Breach Of Contract, Michael J. Berry
University of Arkansas at Little Rock Law Review
No abstract provided.
A Ticket To Jail: Do Minor Traffic Violations Result In Jail Time For Poor Arkansans?, Jessie Wallace Burchfield
A Ticket To Jail: Do Minor Traffic Violations Result In Jail Time For Poor Arkansans?, Jessie Wallace Burchfield
University of Arkansas at Little Rock Law Review
No abstract provided.
Property Law—Tax Increment Financing—A Case For Bringing Tif Back To The State Of Arkansas, Tucker M. Brackins
Property Law—Tax Increment Financing—A Case For Bringing Tif Back To The State Of Arkansas, Tucker M. Brackins
University of Arkansas at Little Rock Law Review
No abstract provided.
From “Mind Playing Tricks On Me” To “Trauma”: Adverse Childhood Experiences And Hip Hop’S Prescription, André Douglas Pond Cummings, Caleb Gregory Conrad
From “Mind Playing Tricks On Me” To “Trauma”: Adverse Childhood Experiences And Hip Hop’S Prescription, André Douglas Pond Cummings, Caleb Gregory Conrad
Faculty Scholarship
Over the past two decades, research focused on the causes and the lasting impact of Adverse Childhood Experiences, or ACEs, has been changing the way researchers, healthcare providers, and advocates approach areas like mental health, risky behaviors, and chronic disease. Numerous studies have produced and solidified results that present three undeniable truths:
(1) the vast majority of Americans have experienced some form of trauma in their childhood,
(2) people with low income or educational attainment and people of color experience increased instances of childhood trauma and adversity, and
(3) the more childhood trauma an individual experiences, the higher the risk …
Is It Time For Arkansas To Consider Pretrial Reform?, Judge Cindy Grace Thyer
Is It Time For Arkansas To Consider Pretrial Reform?, Judge Cindy Grace Thyer
University of Arkansas at Little Rock Law Review
Approximately two-thirds of the national jail population consists of pretrial detainees––people who are constitutionally presumed innocent of the charges they are facing. Many, if not most, of these individuals are incarcerated because they are unable to post money bail. This article explores some of the complexities of pretrial release/detention reform. It begins with the history of bail from its early use in England through its grounding in each American state’s constitution, with special emphasis upon the reforms that have occurred in the American system of pretrial release since the 1920s. Drawing on information and experiences from states across the nation, …
Four Pathways Of Undermining Board Of Trustees Of The University Of Alabama V. Garrett, Derek Warden
Four Pathways Of Undermining Board Of Trustees Of The University Of Alabama V. Garrett, Derek Warden
University of Arkansas at Little Rock Law Review
In Board of Trustees of the University of Alabama v. Garrett, the Supreme Court held that Title I of the ADA did not validly abrogate state sovereign immunity; and as such, a plaintiff could not obtain damages against the states or sue the states directly for injunctive relief. Many courts and scholars have read Garrett as sounding the death knell for ADA Title I government employee plaintiffs. This article shows that such fears are misplaced. Indeed, this article offers four pathways around Garrett that show Title I and its requirements are very much alive and well. First, the article shows …
Disappearing Act: Arkansas’S Circularly-Defined Default, Judge Victor A. Fleming
Disappearing Act: Arkansas’S Circularly-Defined Default, Judge Victor A. Fleming
University of Arkansas at Little Rock Law Review
No abstract provided.
Whether Narcotics Discovered In A Trash Pull, Standing Alone, Can Form Probable Cause To Search A Home, Jackson Jones
Whether Narcotics Discovered In A Trash Pull, Standing Alone, Can Form Probable Cause To Search A Home, Jackson Jones
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Preserving Dignity: The Due Process Restriction On Shackling Criminal Defendants Should Also Apply To Non-Jury Proceedings, Shelby Shelton
Constitutional Law—Preserving Dignity: The Due Process Restriction On Shackling Criminal Defendants Should Also Apply To Non-Jury Proceedings, Shelby Shelton
University of Arkansas at Little Rock Law Review
No abstract provided.
Criminal Law—The Call For An Adequate Remedy: The Lack Of Deterrence And Judicial Consequences For Prosecutors Who Habitually Violate Batson, Altimease Lowe
Criminal Law—The Call For An Adequate Remedy: The Lack Of Deterrence And Judicial Consequences For Prosecutors Who Habitually Violate Batson, Altimease Lowe
University of Arkansas at Little Rock Law Review
No abstract provided.
Section 230 Immunity: How The Trump Era Has Exposed The Current Conflict Between The First Amendment And The Good Samaritan Clause In The Modern Public Square, Brandon Salter, Dhillon Ramkhelawn
Section 230 Immunity: How The Trump Era Has Exposed The Current Conflict Between The First Amendment And The Good Samaritan Clause In The Modern Public Square, Brandon Salter, Dhillon Ramkhelawn
University of Arkansas at Little Rock Law Review
No abstract provided.
The 21st Century Cowboy: Robots On The Range, Henry H. Perritt Jr.
The 21st Century Cowboy: Robots On The Range, Henry H. Perritt Jr.
University of Arkansas at Little Rock Law Review
No abstract provided.
Civil Rights—Answering The “Million Dollar” Question: The Meaning Of “Sex” For The Purposes Of Title Ix, Title Vii, And The Equal Protection Clause, And Its Impact On Transgender Students’ Membership In Fraternal Organizations, Jacob Wickliffe
University of Arkansas at Little Rock Law Review
No abstract provided.