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Full-Text Articles in Law

Legal Responses To Human Trafficking In Arkansas, Annie Smith Aug 2015

Legal Responses To Human Trafficking In Arkansas, Annie Smith

Annie Smith

Human trafficking exists throughout the United States, and Arkansas is no exception. This article offers an introduction to human trafficking for Arkansas attorneys. It begins by challenging common misconceptions regarding human trafficking and summarizing the international, federal, and state laws that address and proscribe it. The article describes the recommendations of the 2013 Arkansas Attorney General’s Human Trafficking State Task Force for the Prevention of Human Trafficking. The article then provides an overview of the civil remedies and immigration relief available to human trafficking survivors. The article closes by offering strategies for overcoming barriers when investigating and prosecuting human trafficking …


Reasons To Pass Health Reform, Robert B. Leflar, Hershey Garner Md Mar 2010

Reasons To Pass Health Reform, Robert B. Leflar, Hershey Garner Md

Robert B Leflar

Column 5 (of 5) on the health reform debate


Health Reform: Arkansas Impacts, Robert B. Leflar Feb 2010

Health Reform: Arkansas Impacts, Robert B. Leflar

Robert B Leflar

Column 4 (of 5) on the health reform debate


A Step-By-Step Guide To Chapter 7 Consumer Bankruptcy In Arkansas From The Debtor's Perspective, Timothy R. Tarvin Dec 2008

A Step-By-Step Guide To Chapter 7 Consumer Bankruptcy In Arkansas From The Debtor's Perspective, Timothy R. Tarvin

Timothy R Tarvin

With record levels of unemployment in Arkansas contributing to rising bankruptcy filings, the increased demand for bankruptcy representation should incentivize attorneys to consider developing a fundamental working knowledge of bankruptcy law. This article provides a resource guide for the assessment, preparation and filing of consumer chapter 7 (liquidation) individual and joint bankruptcies. The article’s scope includes: (1) an overview of bankruptcy; (2) background on debtor-creditor law generally; (3) relevant sources of bankruptcy and non-bankruptcy law and procedure; (4) distinctions among the various types of consumer bankruptcy; (5) the steps in a typical chapter 7 case; (6) information on the official …


Step Out Of The Car: License, Registration, And Dna Please, Brian Gallini Dec 2008

Step Out Of The Car: License, Registration, And Dna Please, Brian Gallini

Brian Gallini

No Arkansas appellate court has examined the constitutionality of the recently enacted House Bill 1473 – better known as “Juli’s Law” – which allows officers to take DNA samples from suspects arrested for capital murder, murder in the first degree, kidnapping, sexual assault in the first degree, and sexual assault in the second degree. This Essay contends that Juli’s Law violates the Fourth Amendment of the federal constitution. Part I highlights certain features of the statute and explores the rationale underlying its enactment. Part II discusses the only published decision upholding the practice of taking of DNA samples from certain …


Help Wanted: Seeking One Good Appellate Brief That Forces The Arkansas Supreme Court To Clarify Its Criminal Discovery Jurisprudence, Brian Gallini Dec 2008

Help Wanted: Seeking One Good Appellate Brief That Forces The Arkansas Supreme Court To Clarify Its Criminal Discovery Jurisprudence, Brian Gallini

Brian Gallini

This Essay first argues that Arkansas has yet to conclusively articulate when a prosecutorial suppression of evidence in response to defense counsel's discovery request violates either the federal or state due process clauses, or the state rules of criminal procedure. More importantly, however, this Essay contends that the Arkansas Supreme Court should require prosecutors to turn over all statements in response to a specific discovery request even if those statements are only arguably “material” and “favorable to the accused.” Doing so would provide to defendants more protection pursuant to the Arkansas Constitution than they now enjoy under the Federal Constitution. …


A Hartman Hotz Symposium: Intelligence, Law, And Democracy, Steve Sheppard, Robin Butler, William Howard Taft Iv, Alberto Mora Jan 2008

A Hartman Hotz Symposium: Intelligence, Law, And Democracy, Steve Sheppard, Robin Butler, William Howard Taft Iv, Alberto Mora

Steve Sheppard

On April 25, 2007, the Hartman Hotz Trust of the University of Arkansas hosted a symposium to discuss the relationships between intelligence, law, and democracy. This article contains a transcript of the topics discussed at the symposium. Don Bobbit, Dean of the Fulbright College introduced the panel, and Steve Sheppard, Enfield Professor of Law, moderated the discussion. The panelists included three guests with experience in the intelligence field: Lord Robin Butler, former head of the British Civil Service; Alberto Mora, former General Counsel of the United States Navy; and William Howard Taft IV, former Acting Secretary of Defense and Legal …


The Model Registered Agents Act - A Word (Or Two) To The Wise, Carol Goforth Dec 2007

The Model Registered Agents Act - A Word (Or Two) To The Wise, Carol Goforth

Carol Goforth

The 2007 Model Registered Agents Act (“the Act”), combined with statutory amendments and repeals, consolidates provisions regarding service of process and registered agents for a wide variety of Arkansas businesses. This article provides an overview of the essential provisions of the Act and its effects on business entities, agents, and third parties. Additionally, it offers a brief assessment of how the provisions change prior law. The Act is much more extensive than the business entity statute provisions it replaced. The provisions of the Act address commercial agents, duties of agents, jurisdiction and venue, and provide detailed rules for service of …


First Priority? The Neglect Of Rural Development By Federal Agencies, And How Arkansas Could Respond, Steve Sheppard Jan 2004

First Priority? The Neglect Of Rural Development By Federal Agencies, And How Arkansas Could Respond, Steve Sheppard

Steve Sheppard

Rural areas are given first priority as prospective locations for new federal facilities pursuant to the Rural Development Act (“RDA”), which requires federal agencies to adopt policies that give first priority to rural areas when setting up facilities in new locations. While Congress has demanded this development scheme for the benefit of rural areas, few federal agencies have conformed to it. The term “rural area” is defined under § 343(a) of the Consolidated Farm and Rural Development Act, which specifies a rural area is not a city or town that has a population of more than 50,000, or an urbanized …


The Shackles Of Covenant Marriage: Who Holds The Keys To Wedlock?, Chauncey Brummer Jan 2003

The Shackles Of Covenant Marriage: Who Holds The Keys To Wedlock?, Chauncey Brummer

Chauncey Brummer

Covenant marriage laws have been defended as a way of strengthening marriage and decreasing divorce rates. However, these laws may actually work against the state’s interest by placing limitations on marriage. Arkansas’s Covenant Marriage Act of 2001 was based on similar statutes in Louisiana and Arizona. A philosophical analysis of the Arkansas act showcases problems that may arise from covenant marriage generally. Ultimately, covenant marriage does not prevent divorce but prolongs an irreconcilable marriage to the harm of its parties. State policies of marital stability may be better served by other premarital options that reinforce marriage’s contractual and religious significance.


The Case For Expanding Child Support Obligations To Cover Post-Secondary Educational Expenses, Carol Goforth Dec 2002

The Case For Expanding Child Support Obligations To Cover Post-Secondary Educational Expenses, Carol Goforth

Carol Goforth

In Arkansas, a parent is only required to pay child support until the child turns eighteen or graduates from high school. Given the rising college tuition expenses and the increasing necessity for Post-Secondary Education to earn a living, the statute should be amended to extend a parent’s obligation further, to aid their child’s entry into college. In the past, exceptions have been made when a child had a severe handicap that justified further support. Recently, some states have required continued child support to help with the cost of tuition. For example, North Dakota issued a list of factors that could …