Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (48)
- Supreme Court of the United States (34)
- Jurisprudence (32)
- State and Local Government Law (29)
- Criminal Law (26)
-
- Law and Society (23)
- Civil Rights and Discrimination (21)
- Legal History (20)
- Legislation (14)
- Social and Behavioral Sciences (14)
- Fourteenth Amendment (13)
- Banking and Finance Law (12)
- Criminal Procedure (12)
- Public Law and Legal Theory (12)
- Education (11)
- Education Law (10)
- Labor and Employment Law (10)
- Law and Economics (10)
- Litigation (10)
- Educational Assessment, Evaluation, and Research (9)
- First Amendment (9)
- Law and Race (9)
- Other Law (9)
- Property Law and Real Estate (9)
- Arts and Humanities (8)
- Courts (8)
- Environmental Law (8)
- Family Law (8)
- Fourth Amendment (8)
- Keyword
-
- Supreme Court (11)
- Racial classifications (8)
- Constitutional law (7)
- Death penalty (7)
- First Amendment (7)
-
- Jurisprudence (7)
- U.S. Supreme Court case (7)
- Legal history (6)
- Arkansas Supreme Court (5)
- Arkansas (4)
- Constitutional analysis (4)
- Fourteenth Amendment (4)
- Fourth Amendment (4)
- States rights (4)
- Arkansas Law (3)
- Civil rights (3)
- Constitutional rights (3)
- Constitutionality (3)
- Federal power (3)
- Federalism (3)
- Jurisdiction (3)
- Necessary and Proper Clause (3)
- Oil and gas (3)
- Taney Court (3)
- Anticanon (2)
- Assisted reproductive technology (ART) (2)
- COVID (2)
- COVID-19 (2)
- Charter schools (2)
- Class action (2)
Articles 1 - 30 of 203
Full-Text Articles in Law
Recent Developments, John A. "Jack" Curtis
Recent Developments, John A. "Jack" Curtis
Arkansas Law Review
Recent Developments in Arkansas Law
Narrowing From Below: How Lower Courts Can Limit Castro-Huerta, Michaela B. Parks
Narrowing From Below: How Lower Courts Can Limit Castro-Huerta, Michaela B. Parks
Arkansas Law Review
This Note will offer a plan for how Indian country can move forward in the wake of what anti-tribal sovereignty entities want to be a devasting decision. This Note advocates for a judicial remedy plan. Specifically, it calls upon lower courts to narrow Castro-Huerta from below to limit the effects of the decision. Part II provides a brief introduction to federal Indian law, a general overview of criminal jurisdiction in Indian country, and concludes with a summary of Castro-Huerta. Part III outlines two approaches to limiting that lower courts can use to narrow Castro-Huerta from below: textual limiting and fact-to-fact …
Hiding In Plain Sight: How Corporations Can Save The National Park Service, Emily H. Rector
Hiding In Plain Sight: How Corporations Can Save The National Park Service, Emily H. Rector
Arkansas Law Review
Since its inception, the privatization of the National Park Service has been a concern amongst conservationists. Recently, the topic gained more attention as the Trump Administration advocated for privatizing certain aspects of the parks. The dual purpose of the National Park Service, that of conservation and recreational efforts, has created conflict throughout the years. This Comment argues that Congress should update how the National Park Service manages concessioners. Full privatization is not
Kidfluencers: New Child Stars In Need Of Protection, Mikayla B. Jayroe
Kidfluencers: New Child Stars In Need Of Protection, Mikayla B. Jayroe
Arkansas Law Review
Despite the explosive growth of social media and various lobbying efforts, the legal system has fallen woefully behind in extending labor protections to children engaged in social media production. This Comment will offer a solution to the current gray area surrounding kidfluencers and the lack of protections they are afforded. First, this Comment will discuss the emergence and growth of the kidfluencer industry and explore the legal history of child labor laws in the United States, specifically evaluating protections historically provided to child actors. Second, this Comment will explain why posts by kidfluencers should be considered work, explore the harms …
Resilient Cities And The Housing Trust, Marc L. Roark, Lorna Fox O'Mahony
Resilient Cities And The Housing Trust, Marc L. Roark, Lorna Fox O'Mahony
Arkansas Law Review
In the 1970’s, cities across the United States faced new obstacles due to the deterioration of public infrastructure. Public housing projects that were built through federal housing initiatives were reaching the end of their lives after less than twenty years of being in service. Over the last forty years, cities in the United States have turned increasingly to housing trust funds to address the conjoined problems of the withdrawal of federal resources dedicated to affordable housing provision, and insufficient
Snitches Get Stitches: An Analysis Of The Eighth Circuit’S But-For Causation Requirement In False Claims Act Litigation “Resulting From” Anti-Kickback Violations, Travis R. Linn
Arkansas Law Review
Following the expansion of Social Security in the 1960s, Congress enacted the Anti-Kickback Statute or AKS in 1972 to ensure that items and services charged to Medicaid were only those necessary to the beneficiary’s health. Part II of this Note will analyze three pieces of legislation and Congress’s reasons for passing them: the FCA, the AKS, and a 2010 amendment to the AKS passed under the Affordable Care Act that connects the two. Part III will analyze the Third and Eighth Circuits’ conflicting interpretations of the 2010 amendment and why the Eighth Circuit’s commitment to textualism has disregarded Congress’s reasons …
The Data Heist: Protecting Consumers And Their Information Through Opt-In Consent, John A. Hudson
The Data Heist: Protecting Consumers And Their Information Through Opt-In Consent, John A. Hudson
Arkansas Law Review
This Comment will: (1) compare and contrast the data privacy laws in the United States and the European Union; (2) demonstrate the significant risk American consumers are subject to under the United States’ current laws and regulations; and (3) address the protections provided by the European Union’s explicit opt-in consent requirement that would ensure safer conditions for American consumers.
Money Talks: Implementing Open Banking In The United States, Hailey Marie Petit
Money Talks: Implementing Open Banking In The United States, Hailey Marie Petit
Arkansas Law Review
An open banking system exists when a third-party financial service provider has access to consumer financial information. What if the United States could be on the forefront of the next banking industry change? A well implemented system would mean a new, accessible way to make a transaction. This Comment will explore how the United States can implement an open banking system. First, this Comment defines open banking against the backdrop of the traditional transaction model. Next, this Comment describes the United Kingdom’s adoption of open banking, focusing on the benefits and detriments created by its adoption. Third, this Comment describes …
Not-So-Smartphone Disclosures, Jeff Sovern, Nahal Heydari
Not-So-Smartphone Disclosures, Jeff Sovern, Nahal Heydari
Arkansas Law Review
The consumer credit market, and particularly the credit card market, lacks perfect competition. Though usury laws and regulation of charges are germane to our findings, this Article focuses largely on disclosure. Specifically, we examine whether consumers understand the disclosures mandated for credit cards in the medium in which many consumers now engage in financial transactions. This Article proceeds as follows: Part I presents some basics on consumer protections for credit cards. Part II reviews the literature concerning disclosures on smartphones. Part III discusses our methodology. Part IV reports our findings. Part V suggests some normative implications.
Torts And Personhood, Melissa Mortazavi
Torts And Personhood, Melissa Mortazavi
Arkansas Law Review
Perhaps more so than ever, legal personhood is contested. Part I of this Article lays out an overview of existing tort theories exposing the limitations of existing paradigms. This positions the reader to consider in Part II the core assertion of this paper: that a fundamental role of torts is to define personhood. As such, it explores the idea that a principal project that each tort case and litigant is engaged with is not truly about money, property, or even pain per se—it is about determining who is seen.
Contents, Journal Editors
Arkansas Law Review - Volume 76 Issue 3, Journal Editors
Arkansas Law Review - Volume 76 Issue 3, Journal Editors
Arkansas Law Review
No abstract provided.
Recent Developments, Houston Downes
Recent Developments, Houston Downes
Arkansas Law Review
Recent Developments in Arkansas Law
Q&A: A Conversation With Sec Comissioner Hester Peirce, Hester M. Peirce
Q&A: A Conversation With Sec Comissioner Hester Peirce, Hester M. Peirce
Arkansas Law Review
A Conversation with SEC Comissioner Hester Peirce
“Help Is Here”: How A Daca Pathway To Citizenship Will Help Save The Social Security Fund, Jissel Esparza
“Help Is Here”: How A Daca Pathway To Citizenship Will Help Save The Social Security Fund, Jissel Esparza
Arkansas Law Review
Two federal programs hold their beneficiaries in limbo: DACA and Social Security. This Comment demonstrates that creating a citizenship pathway for the DACA population will not only give these deserving individuals the ability and security to remain in the United States but will also provide relief to Social Security’s impending insolvency through the influx of taxes that these then citizens will contribute as a result of increased opportunities. At the same time, this Comment does not attempt to portray its argument as a “silver bullet.” Rather, this approach is one tool that can be utilized by legislative efforts to remedy …
Wanted: A Prudential Framework For Crypto Assets, Lee Reiners, Sangita Gazi
Wanted: A Prudential Framework For Crypto Assets, Lee Reiners, Sangita Gazi
Arkansas Law Review
This Article summarizes the limited publicly available data on banks’ exposure to crypto assets and offers several specific examples of how U.S. banks engage in crypto-related businesses. It then examines past guidance issued by U.S. bank regulators and explains why this guidance lacks sufficient detail to clarify the prudential requirements associated with the various crypto-related activities in which banks are engaged. The Article then assesses the adequacy of the Basel Committee on Banking Supervision’s final prudential standard for crypto-asset exposures, issued in December 2022, and finds that the measure fails to adequately address the unique risks various crypto-asset activities pose …
Just Because They Say It: Does The U.S. Really Have The “First-Ever Comprehensive Framework” For Digital Assets?, Carol R. Goforth
Just Because They Say It: Does The U.S. Really Have The “First-Ever Comprehensive Framework” For Digital Assets?, Carol R. Goforth
Arkansas Law Review
On March 9, 2022, President Biden made history by signing an Executive Order on Ensuring Responsible Development of Digital Assets. On September 16, 2022, the White House released a fact sheet proclaiming that it had produced the “First Ever Comprehensive Framework for Responsible Development of Digital Assets,” based on nine reports stemming from the Executive Order. This Article is divided into two main parts. Part one reviews the reports received by the White House, explaining what they address while pointing out open issues for which no particular direction is established. Part two assesses regulatory gaps in the crypto space in …
Keynote Address By Cftc Commissioner Kristin Johnson, Kristin N. Johnson
Keynote Address By Cftc Commissioner Kristin Johnson, Kristin N. Johnson
Arkansas Law Review
Today, our markets are witnessing a transformative moment marked by exceptional, rapidly evolving innovation. To better understand this transformation, we might inquire about the nature of these novel financial instruments, intermediaries, and the underlying technologies that fuel an ever-expanding adoption. Thinking critically about these issues may inform our understanding of the intermediaries or lack thereof, and financial products that characterize this moment in the history and evolution of financial markets.
Contents, Journal Editors
Arkansas Law Review - Volume 76 Issue 2, Journal Editors
Arkansas Law Review - Volume 76 Issue 2, Journal Editors
Arkansas Law Review
No abstract provided.
The Food Distribution Program On Indian Reservations: Past, Present, And Future, Samantha Doss
The Food Distribution Program On Indian Reservations: Past, Present, And Future, Samantha Doss
Arkansas Law Review
In 2018, the United States Department of Agriculture (USDA) proposed replacing much of the Supplemental Nutrition Assistance Program (SNAP) with “America’s Harvest Box,” a program that would directly distribute a package of non-perishable food items to low-income families. The proposal was met with intense controversy. Many hunger advocates, grocery retailers, and former government officials spurned the idea, citing logistics challenges, nutrition concerns, and stigmatization associated with a direct distribution system. However, a few Indigenous advocates were quick to point out that a direct commodity distribution system has been in place in the United States for generations, often overlooked due to …
Searching For A Compromise: A Case For The Crypto Like-Kind Exchange, John Paul Boyter
Searching For A Compromise: A Case For The Crypto Like-Kind Exchange, John Paul Boyter
Arkansas Law Review
In recent years, cryptocurrencies, cryptoassets, electronic coins, tokens, non-fungible tokens, and other various terms for electronic assets have gained prodigious attention in the financial world. From the spike (and subsequent drop) in value of Bitcoin, to people spending millions of dollars on pixelated pictures of punks, the market for these assets has been extremely active despite its ups and downs. However, in addition to potential financial success via crypto markets, the development of crypto technology has allowed for a transformation of how individuals and institutions think of currency, financial security, and access to information Part I of this Comment explains …
Racial Diversity And Law Firm Economics, Jack Thorlin
Racial Diversity And Law Firm Economics, Jack Thorlin
Arkansas Law Review
There is an eternal temptation to think that if one recognizes a moral problem and does something about it, then one is blameless even if the action taken does not solve the problem. We usually recognize that it is absurd to credit intent when the disconnect from results is vast—consider the rightfully mocked tendency of people to respond to tragedies by declaring that their “thoughts and prayers” are with the victims rather than taking any meaningful step to ameliorate their suffering. People still engage in such posturing because the behavior benefits them in several ways: (a) others see that the …
Rescaling City Property, Amnon Lehavi
Rescaling City Property, Amnon Lehavi
Arkansas Law Review
This Article seeks to identify the growing tension between the contemporary physical and digital reality of cities across the world and the formal, often archaic, body of norms that governs city powers and duties vis-à-vis different types of persons and corporations: locals, non-local residents of the same nation-state, and foreigners. The nation-state’s continuing dominance, both in the domestic division of power across various legal systems and in the international arena, often results in a systemic mismatch.
Constitutional Law And Tax Expenditures: A Prelude, Johnny Rex Buckles
Constitutional Law And Tax Expenditures: A Prelude, Johnny Rex Buckles
Arkansas Law Review
“A little learning is a dang’rous thing,” admonished Pope. Judges who pen legal opinions drawing on tax expenditure theory should heed the neoclassical bard. Armed with the modest yet obligatory exposure to the concept of tax expenditures presented in the basic federal income tax course in law school, many judges indeed possess enough learning to be dangerous. The thesis of this Article is that tax expenditure theory must be applied with a skillful, critical, and cautious appreciation for nuance in constitutional cases. This conclusion holds even under the assumption that tax expenditure budgeting is a useful tool of fiscal analysis. …
Arkansas Law Review - Volume 76 Issue 1, Journal Editors
Arkansas Law Review - Volume 76 Issue 1, Journal Editors
Arkansas Law Review
No abstract provided.
Contents, Journal Editors
The Legal Contribution To Democratic Disaffection, Brian Christopher Jones
The Legal Contribution To Democratic Disaffection, Brian Christopher Jones
Arkansas Law Review
This Article proceeds in three main parts. Part II describes the origins and definitions of democratic disaffection and questions why the law may have been marginalized when studying the phenomenon. Part III explores the different possible relationships between law, politics, and democratic disaffection by looking at both how courts may contribute to but also counter disaffection. Part IV articulates some of the democratic distancing measures the law has engaged in over the past few decades and questions whether such distancing may be stopped. The Article concludes by suggesting that law should acknowledge and accept its impact on democratic disaffection, and …
When Taint Teams Go Awry: Laundering Unconstitutional Violations Of The Fourth Amendment, Edward S. Adams, William C. Price Jr.
When Taint Teams Go Awry: Laundering Unconstitutional Violations Of The Fourth Amendment, Edward S. Adams, William C. Price Jr.
Arkansas Law Review
In this Article, we examine the legal landscape in which taint teams operate, why taint teams are constitutionally problematic, and propose a solution to protect the attorney-client privilege. In Part I, we will first describe what taint teams are supposed to protect—attorney-client privilege. Next, we review how a taint team gets its documents to review, namely the doctrine surrounding (secret) search warrants. Part I ends with a non exhaustive summary of remedies available when attorney-client privilege is violated during searches. In Part II, we explain the current policies and practices surrounding taint teams, including sources of procedure for taint teams …
Losing The Veepstakes: How The Contemporary Vice Presidencies Of Mike Pence And Kamala Harris Renew The Case For Vice-Presidential Independence, Jace Motley
Arkansas Law Review
The concept of an independent American vice presidency is nothing new, and historians and scholars have wrestled with the idea at length. In fact, one of the central debates around the adoption of the Twelfth Amendment—the constitutional amendment that requires separate electoral votes for President and Vice President—was the degree of political independence that the Constitution should afford the vice presidency. Over the past two centuries, multiple attempts have been made to address the office’s shortcomings, as evidenced by the fact that nearly twenty-three percent of the post-Bill of Rights amendments to the Constitution have either directly or indirectly implicated …