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Articles 1 - 24 of 24
Full-Text Articles in Law
Recent Developments, Daisy C. Karlson
How To Combat Prenatal Substance Abuse While Also Protecting Pregnant Women: A Legislative Proposal To Create An Appropriate Balance, Kyle Kennedy
Arkansas Law Review
“Substance abuse in pregnancy is associated with a number of adverse outcomes for the woman, fetus, and neonate.” A recent study indicated that approximately 5.9% of pregnant women between the ages of fifteen and forty-four use illicit drugs. Prenatal illicit drug use has escalated over the past decade, causing an increase in “maternal and neonatal complications, neonatal abstinence syndrome, and health care costs.” Following alcohol and marijuana, methamphetamine is the most commonly abused drug.4 By 2006, admissions for treatment of methamphetamine abuse among pregnant women had increased to twenty-four percent of federally-funded treatment admissions, up from eight percent in 1994.
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 …
Why Kindergarten Is Too Late: The Need For Early Childhood Remedies In School Finance Litigation, Kevin Woodson
Why Kindergarten Is Too Late: The Need For Early Childhood Remedies In School Finance Litigation, Kevin Woodson
Arkansas Law Review
In 2006, Jim Ryan, then a law professor, now dean of Harvard University’s School of Education, published A Constitutional Right to Preschool, a seminal article that argued that courts should require states to fund public preschools as a means of abiding by their constitutional obligations to provide all children adequate educational opportunities. Though very few courts have ever imposed such a requirement, and all but one of these rulings have been eliminated on appeal, Ryan noted the political popularity of universal preschool and a growing trend among states to provide free pre-kindergarten as grounds for optimism that courts might be …
Protecting The Viability Of The Small Donor In Modern Elections, Ben Miller
Protecting The Viability Of The Small Donor In Modern Elections, Ben Miller
Arkansas Law Review
Campaign finance reform stands as one of the most important issues in today’s modern elections. From national to municipal contests, the influx of large donations places wealthy individuals—and interests—at odds with the average voter. Over the years, volumes of academic and legislative reforms have been proposed that encompass a wide range of electoral subject matter. From Citizens United to Federal Elections Commission (FEC) control mechanisms, solutions on how to change our campaign finance regulatory regime cover a large and diverse area of law and policy. However, the central theme throughout these reforms is maximizing transparency and curbing the undue influence …
A Deliberate Departure: Making Physician-Assisted Suicide Comfortable For Vulnerable Patients, Browne Lewis
A Deliberate Departure: Making Physician-Assisted Suicide Comfortable For Vulnerable Patients, Browne Lewis
Arkansas Law Review
On an episode of Marvel’s Jessica Jones, Kilgrave uses his mind control powers to get Jack Denton to give him both of his kidneys. After he loses his kidneys, Denton goes on dialysis and has a stroke. Therefore, when private investigator Jessica Jones tracks down Denton, she discovers that he is wheelchairbound and unable to speak. Denton goes to great lengths to write a note asking Jones to kill him. This fictionalized story may be the reality for some people. Everyone wants to live a happy life and to have a good death. Some people have the privilege of dying …
Eleven Years Of Lethal Injection Challenges In Arkansas, Julie Vandiver
Eleven Years Of Lethal Injection Challenges In Arkansas, Julie Vandiver
Arkansas Law Review
In 2015, the Supreme Court decided Glossip v. Gross, which upheld the denial of a challenge to the lethal injection protocol in Oklahoma. Justice Breyer dissented, writing that he believed the death penalty was unconstitutional because, among other reasons, it had become “unusual.” He pointed out that Arkansas, along with 10 other states, had not conducted an execution in more than 8 years. This Article provides a look into how Arkansas made it onto this list. The drought was not from a lack of effort by the state. In the ten years preceding Glossip, twenty-one execution dates were set and …
Capital Punishment: The Great American Paradox, A. M. Stroud Iii
Capital Punishment: The Great American Paradox, A. M. Stroud Iii
Arkansas Law Review
On June 6, 1944, American forces landed on Omaha and Utah beaches as part of the Normandy invasion that had as its objective the liberation of occupied Europe from the tyranny of the Nazi Occupation. This was America at its finest hour. This was not a professional army, but an army consisting of young men who had been drafted or had enlisted after Pearl Harbor. The young men came from all walks of life: farmers, teachers, family members, mechanics, truck drivers and the rest, with the sole objective to make the world safe again from the atrocities of the Axis …
Food With Integrity?: How Responsible Corporate Officer Prosecutions Under The Federal Food, Drug, And Cosmetic Act Deny Fair Warning To Corporate Officers, Clay D. Sapp
Arkansas Law Review
[W]hen it comes to food safety, we have to rely on the companies that manufacture and distribute food to ensure that the food we buy is safe. In fact, most consumers give little thought to the safety of their food. I know I don’t and I bet many of you don’t either. We simply don’t expect to get sick from the food at our favorite restaurant, or from peanut butter or the eggs or the cantaloupes or the countless other products that we buy at the supermarket. That is why food safety is a priority for the Justice Department. Our …
Keep Tinkering: The Optimist And The Death Penalty, Susan D. Rozelle
Keep Tinkering: The Optimist And The Death Penalty, Susan D. Rozelle
Arkansas Law Review
When it comes to capital punishment, it may make sense to be a little bit defeatist. Like abortion, the death penalty is a topic about which you have to presume that you are never going to change anyone else’s mind. Whether the other person views it as a necessary part of the justice system or as a moral outrage, odds of changing the other person’s mind through reasoned discourse are slim.
Recent Developments, Daisy C. Karlson
The Coming Federalism Battle In The War Over The Death Penalty, Michael J. Zydney Mannheimer
The Coming Federalism Battle In The War Over The Death Penalty, Michael J. Zydney Mannheimer
Arkansas Law Review
From the founding of the Republic until 2002, it appears that only a single person was ever sentenced to death by the federal government for criminal conduct occurring in a state that did not authorize the death penalty for the same conduct. However, in the last twenty-three years, the federal government has sought the death penalty dozens of times in non-death penalty states. Such cases virtually always involve offenses historically thought of as being best dealt with at the state level. And since 2002, eleven people have been sentenced to death by the federal government for criminal conduct occurring in …
Death Beyond A Reasonable Doubt, Janet C. Hoeffel
Death Beyond A Reasonable Doubt, Janet C. Hoeffel
Arkansas Law Review
In the forty-four years since the Court employed the Eighth Amendment to temporarily suspend the death penalty in the United States in Furman v. Georgia in 1972, the Court has spilled an enormous amount of ink attempting to instruct the states on how to properly guide jurors’ discretion in imposing the death penalty. Yet, in its voluminous Eighth Amendment jurisprudence, the Justices spilled not one drop suggesting the familiar and unifying standard of beyond a reasonable doubt as a guide.
Chasing Justice: The Monumental Task Of Undoing A Capital Conviction And Death Sentence, Jennifer L. Givens
Chasing Justice: The Monumental Task Of Undoing A Capital Conviction And Death Sentence, Jennifer L. Givens
Arkansas Law Review
After the botched 2014 execution of Clayton Lockett in Oklahoma, John Oliver tackled the issue of the death penalty on the second episode of his HBO show, Last Week Tonight with John Oliver. Oliver opens the discussion with a sound bite from former U.S. Attorney General Alberto Gonzales, who says, “I [] do believe in the death penalty, but [] only with respect to those [that] are guilty of committing the crime.” Oliver responds, “Okay, bold idea. We shouldn’t execute innocent people. I think most people would probably agree with that. You, sir, are a regular Atticus Finch. But [] …
Should Death Be So Different?: Sentencing Purposes And Capital Jury Decisions In An Era Of Smart On Crime Sentencing Reform, Jelani Jefferson Exum
Should Death Be So Different?: Sentencing Purposes And Capital Jury Decisions In An Era Of Smart On Crime Sentencing Reform, Jelani Jefferson Exum
Arkansas Law Review
We are in an era of “Smart on Crime” sentencing reform. Several states and the federal government have made major changes to their sentencing policies—from reducing the incarceration of low-level, nonviolent drug offenders to the use of evidence-based sentencing to focus the most severe punishments on those who are at the greatest risk of recidivism. Often, today’s reform efforts are spoken about in terms of being fiscally responsible while still controlling crime. Though such reform efforts do not explicitly acknowledge purposes of punishment—such as retribution, incapacitation, rehabilitation, or deterrence—an undercurrent running through all of these reforms is an effort for …
Death Row Conditions Through An Environmental Justice Lens, Andrea C. Armstrong
Death Row Conditions Through An Environmental Justice Lens, Andrea C. Armstrong
Arkansas Law Review
Glenn Ford lived on death row at Louisiana State Penitentiary for twenty-nine years, three months and five days. Typically, he was confined in his cell for at least twenty-three hours of a given day, seven days a week. Glenn was convicted of the armed robbery and murder of Isadore Rozeman. After prosecutors Martin Stroud and Carey Schimpf used six of their eight peremptory challenges to exclude African-Americans from the jury venire, Glenn was sentenced to death in 1984 by an allwhite jury. He was a devoted friend to many and, to the extent possible given his incarceration, a committed father …
Nutrient Water Quality Trading: A Market-Based Solution To Water Pollution In The Natural State*, Nathan R. Finch
Nutrient Water Quality Trading: A Market-Based Solution To Water Pollution In The Natural State*, Nathan R. Finch
Arkansas Law Review
No abstract provided.
Good, Bad And Wrongful Juvenile Sex: Rethinking The Use Of Statutory Rape Laws Against The Protected Class, Anna High
Arkansas Law Review
This article considers the question of whether statutory rape laws can and should be used against members of the class they were designed to protect. Many commentators have argued that meaningfully consensual sex among similarly situated and sufficiently mature teenagers should be beyond the scope of strict liability rape laws, but the question becomes more fraught in the context of the “contested outer limits” of adolescent sexuality—sexual contact among children and adolescents that offends social norms, leads to harmful outcomes or appears to be exploitative. What are the implications of using statutory rape laws against minors to target “bad sex”? …
The Trouble With The Curve: Manufacturer And Surgeon Liability For “Learning Curves” Associated With Unreliably-Screened Implantable Medical Devices, Frank Griffin
Arkansas Law Review
No abstract provided.
The Law Demands Process For Rehomed Children, Sally Terry Green
The Law Demands Process For Rehomed Children, Sally Terry Green
Arkansas Law Review
No abstract provided.
Utilitarianism And Wealth Transfer Taxation, Jennifer Bird-Pollan
Utilitarianism And Wealth Transfer Taxation, Jennifer Bird-Pollan
Arkansas Law Review
This article is the third in a series examining the continued relevance and philosophical legitimacy of the United States wealth transfer tax system from within a particular philosophical perspective. The article examines the utilitarianism of John Stuart Mill and his philosophical progeny and distinguishes the philosophical approach of utilitarianism from contemporary welfare economics, primarily on the basis of the concept of “utility” in each approach. After explicating the utilitarian criteria for ethical action, the article goes on to think through what Mill’s utilitarianism says about the taxation of wealth and wealth transfers, the United States federal wealth transfer tax system …
History And Constitutional Interpretation: Some Lessons From The Vice Presidency, Joel K. Goldstein
History And Constitutional Interpretation: Some Lessons From The Vice Presidency, Joel K. Goldstein
Arkansas Law Review
No abstract provided.
What Good Is Religious Freedom? Locke, Rand, And The Non-Religious Case For Respecting It, Tara Smith
What Good Is Religious Freedom? Locke, Rand, And The Non-Religious Case For Respecting It, Tara Smith
Arkansas Law Review
“If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.” Justice Robert Jackson
Freedom From Detention: The Constitutionality Of Mandatory Detention For Criminal Aliens Seeking To Challenge Grounds For Removal, Darlene C. Goring
Freedom From Detention: The Constitutionality Of Mandatory Detention For Criminal Aliens Seeking To Challenge Grounds For Removal, Darlene C. Goring
Arkansas Law Review
No abstract provided.