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- Abstracting trial record; filing brief on appeal; Rule 4-2(a)(6) of Rules of the Supreme Court and Court of Appeals of the State of Arkansas; deficient abstracts; minimum requirements of abstracts; consequences of flagrantly deficient abstract (1)
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Articles 1 - 30 of 55
Full-Text Articles in Law
Civil Procedure—Dukes Commonality Standard—Factors That Courts Should Weigh In Employment Discrimination Class Actions—Wal-Mart Stores, Inc. V. Dukes, 564 U.S. 338 (2011), Anuj Teotia
University of Arkansas at Little Rock Law Review
No abstract provided.
Property Law And Civil Procedure--Establishing Precedent For Afha Enforcement And Revising Arkansas's Law On Punitive Damages. Watkins V. Turner, 2016 Ark. App. 158, 2016 Wl 903765, Tasha L. Strickland
Property Law And Civil Procedure--Establishing Precedent For Afha Enforcement And Revising Arkansas's Law On Punitive Damages. Watkins V. Turner, 2016 Ark. App. 158, 2016 Wl 903765, Tasha L. Strickland
University of Arkansas at Little Rock Law Review
No abstract provided.
Fiat Lux: Tracing A Standard Of Review For Class-Certification Orders, Curtis E.A. Karnow
Fiat Lux: Tracing A Standard Of Review For Class-Certification Orders, Curtis E.A. Karnow
The Journal of Appellate Practice and Process
No abstract provided.
"Hacking" Service Of Process: Using Social Media To Provide Constitutionally Sufficient Notice Of Process, Angela Upchurch
"Hacking" Service Of Process: Using Social Media To Provide Constitutionally Sufficient Notice Of Process, Angela Upchurch
University of Arkansas at Little Rock Law Review
No abstract provided.
Sua Sponte Actions In The Appellate Courts: The "Gorilla Rule" Revisited, Ronald J. Offenkrantz, Aaron S. Lichter
Sua Sponte Actions In The Appellate Courts: The "Gorilla Rule" Revisited, Ronald J. Offenkrantz, Aaron S. Lichter
The Journal of Appellate Practice and Process
No abstract provided.
Lay Witness Opinion Testimony On Mental State And Depression: A Call For Reform, Adam Santeusanio
Lay Witness Opinion Testimony On Mental State And Depression: A Call For Reform, Adam Santeusanio
University of Arkansas at Little Rock Law Review
No abstract provided.
Preservation Rules In The Federal Courts Of Appeals, Ian S. Speir, Nima H. Mohebbi
Preservation Rules In The Federal Courts Of Appeals, Ian S. Speir, Nima H. Mohebbi
The Journal of Appellate Practice and Process
No abstract provided.
Is Limited Remand Required If The District Court Admitted Or Excluded Evidence Without A Daubert Analysis?, Robert B. Gilbreath
Is Limited Remand Required If The District Court Admitted Or Excluded Evidence Without A Daubert Analysis?, Robert B. Gilbreath
The Journal of Appellate Practice and Process
No abstract provided.
Constitutional Law—Arkansas’S Current Procedural Rulemaking Conundrum: Attempting To Quell The Political Discord, Sevawn Foster
Constitutional Law—Arkansas’S Current Procedural Rulemaking Conundrum: Attempting To Quell The Political Discord, Sevawn Foster
University of Arkansas at Little Rock Law Review
No abstract provided.
Civil Procedure—Reassessing Personal Jurisdiction In Arkansas And The Eighth Circuit After Goodyear Dunlop Tires Operations V. Brown, 131 S. Ct. 2846 (2011) And J. Mcintyre Machinery, Ltd. V. Nicastro, 131 S. Ct. 2780 (2011)., Kathy Mccarroll
University of Arkansas at Little Rock Law Review
No abstract provided.
Civil Procedure—Be More Specific: Vague Precedents And The Differing Standards By Which To Apply “Arises Out Of Or Relates To” In The Test For Specific Personal Jurisdiction, Ryne H. Ballou
University of Arkansas at Little Rock Law Review
No abstract provided.
Civil Procedure—Property Improvement Claims—A History And Recommendation For Arkansas's Lone True Statute Of Repose, Luke K. Burton
Civil Procedure—Property Improvement Claims—A History And Recommendation For Arkansas's Lone True Statute Of Repose, Luke K. Burton
University of Arkansas at Little Rock Law Review
Determining the proper defendant for construction defects is largely dependent on the timing of the defect. Particularly, the sooner the defect develops after completion, the more likely that someone involved in the construction process is responsible. However, as time passes from the completion of construction to the development of a problem, it is more likely that the problems are the result of ordinary wear and tear rather than defective design or construction. Ark. Code Ann. § 16-56-112 (Statute) was enacted to manage these issues of timing and responsibility for construction defects by providing that homeowners may not bring suit against …
Trial-Court Discretion: Its Exercise By Trial Courts And Its Review By Appellate Courts, Joseph T. Sneed
Trial-Court Discretion: Its Exercise By Trial Courts And Its Review By Appellate Courts, Joseph T. Sneed
The Journal of Appellate Practice and Process
No abstract provided.
Civil Procedure And Contract Law—Contractual Forum-Selection Clauses In Erie Cases: More Than Substance Or Procedure, James C. Mcneal
Civil Procedure And Contract Law—Contractual Forum-Selection Clauses In Erie Cases: More Than Substance Or Procedure, James C. Mcneal
University of Arkansas at Little Rock Law Review
The enforceability of forum-selection clauses is one of the most litigated jurisdictional issues in federal district courts. In a globalized society, forum-selection clauses reduce uncertainty. However, they present unique problems and, although they are liberally enforced by state and federal courts, forum-selection clauses are not always enforced by the forum court. Enforcement of forum-selection clauses is especially complex in diversity actions in federal court.
Forum-selection clauses appear substantive and often have substantive effects; however, they operate procedurally. Federal courts unanimously hold that the validity of a forum-selection clause is a procedural question and therefore the question of validity is decided …
Untangling Jurisdiction And Contract Scope Issues Within Intellectual Property Licenses, Brandon Beam
Untangling Jurisdiction And Contract Scope Issues Within Intellectual Property Licenses, Brandon Beam
University of Arkansas at Little Rock Law Review
Copyright license cases pose difficult issues regarding the mixture of federal copyright law and state contract law for courts and commentators alike. Specifically, a split exists over which cases "arise under" federal copyright law. This complication is compounded by the difficulty in predicting federal preemption of state contract law.
In an effort to stabilize these complications, this comment recommends an approach of split sovereignty that would empower different systems to control the areas they are designated to regulate. In particular, the author suggests that procedural issues in copyright license cases should be clarified by (1) governing exclusive federal jurisdiction under …
Local Rules In The Wake Of Federal Rule Of Appellate Procedure 32.1, David R. Cleveland
Local Rules In The Wake Of Federal Rule Of Appellate Procedure 32.1, David R. Cleveland
The Journal of Appellate Practice and Process
No abstract provided.
When Is Oral Argument Important? A Judicial Clerk's View Of The Debate, Michael Duvall
When Is Oral Argument Important? A Judicial Clerk's View Of The Debate, Michael Duvall
The Journal of Appellate Practice and Process
No abstract provided.
Class Certification And Interlocutory Review: Rule 23(F) In The Courts, Lori Irish Bauman
Class Certification And Interlocutory Review: Rule 23(F) In The Courts, Lori Irish Bauman
The Journal of Appellate Practice and Process
No abstract provided.
Vacatur Of Arbitration Awards: The Poor Loser Problem Or Loser Pays?, Stanley A. Leasure
Vacatur Of Arbitration Awards: The Poor Loser Problem Or Loser Pays?, Stanley A. Leasure
University of Arkansas at Little Rock Law Review
In B. L. Harbert International, LLC. v. Hercules Steel Co., decided in February 2006, the Eleventh Circuit Court of Appeals took the opportunity to express its "exasperation" with the growing tendency of losing parties in arbitration disputes to take a "never-say-die attitude" in the pursuit of vacatur of arbitral decisions "without any real legal basis for doing so" and its concern for the concomitant threat to the underlying purposes of the Federal Arbitration Act (FAA).
Applying the Harbert "any real legal basis" requirement raises several concerns that can be assuaged only by courts' commitment to focus on balancing following two …
The Executive-Internalization Approach To High-Risk Corporate Behavior: Establishing Individual Criminal Liability For The Intentional Or Reckless Introduction Of Excessively Dangerous Products Or Services Into The Stream Of Commerce, Robert E. Steinbuch
Faculty Scholarship
No abstract provided.
Appealing Remand Orders Under The Class Action Fairness Act, David L. Horan
Appealing Remand Orders Under The Class Action Fairness Act, David L. Horan
The Journal of Appellate Practice and Process
No abstract provided.
The Law Of Unintended Consequences: Supreme Court Jurisdiction Over Interlocutory Class Certification Rulings, Scott E. Gant
The Law Of Unintended Consequences: Supreme Court Jurisdiction Over Interlocutory Class Certification Rulings, Scott E. Gant
The Journal of Appellate Practice and Process
No abstract provided.
Seeing The Appellate Horizon: Civil Trial Strategy And Standards Of Review In The Eighth Circuit, R. Christopher Lawson
Seeing The Appellate Horizon: Civil Trial Strategy And Standards Of Review In The Eighth Circuit, R. Christopher Lawson
The Journal of Appellate Practice and Process
No abstract provided.
A Practitioner's Guide To Arkansas's New Judicial Article, Larry Brady, J.D. Gingerich
A Practitioner's Guide To Arkansas's New Judicial Article, Larry Brady, J.D. Gingerich
University of Arkansas at Little Rock Law Review
No abstract provided.
The Right To Trial By Jury In Arkansas After Merger Of Law And Equity, John J. Watkins
The Right To Trial By Jury In Arkansas After Merger Of Law And Equity, John J. Watkins
University of Arkansas at Little Rock Law Review
No abstract provided.
Supreme Court Of Arkansas Rule 4-3(J): No-Merit Briefs In Arkansas And The Need To Amend The Rule, Jeffrey A. Weber
Supreme Court Of Arkansas Rule 4-3(J): No-Merit Briefs In Arkansas And The Need To Amend The Rule, Jeffrey A. Weber
University of Arkansas at Little Rock Law Review
No abstract provided.
Why Judges Don't Like Petitions For Rehearing, Richard S. Arnold
Why Judges Don't Like Petitions For Rehearing, Richard S. Arnold
The Journal of Appellate Practice and Process
Petitions for en banc rehearings are rarely granted. A Senior Judge for the United States Court of Appeals for the Eighth Circuit provides a history and reasoning of the rehearing process and his personal observations on those petitions and processes in today's court.
The Power Of A Federal Appellate Court To Direct Entry Of Judgment As A Matter Of Law: Reflections On Weisgram V. Marley Co., Robert A. Ragazzo
The Power Of A Federal Appellate Court To Direct Entry Of Judgment As A Matter Of Law: Reflections On Weisgram V. Marley Co., Robert A. Ragazzo
The Journal of Appellate Practice and Process
Federal district court judges have several mechanisms for controlling civil jury functions. One mechanism is the entry of judgment as a matter of law. Federal appellate courts are able to reverse and direct entry of judgment as a matter of law. This article examines the appropriateness of such authority.
Electronic Filing In North Carolina: Using The Internet Instead Of The Interstate, Deborah Leonard Parker
Electronic Filing In North Carolina: Using The Internet Instead Of The Interstate, Deborah Leonard Parker
The Journal of Appellate Practice and Process
Traditionally, an attorney working down to the wire on an appellate brief has to be done by the courier service’s deadline. If the deadline is missed, the attorney must then race, for possibly hours, down the interstate to reach the courthouse in time. North Carolina has adopted a system that eliminates this pressure.
Federal Rule Of Civil Procedure 23(F): Interlocutory Appeals Of Class Action Certification Decisions, Kenneth S. Gould
Federal Rule Of Civil Procedure 23(F): Interlocutory Appeals Of Class Action Certification Decisions, Kenneth S. Gould
The Journal of Appellate Practice and Process
This article discusses the significance of Federal Rule of Civil Procedure 23(f). The article's review of Rule 23(f) includes the importance of class certification decisions and appellate review of certifications, historical imitations on appellate review of certifications, rationale for allowing appeal of interlocutory certification, operation of rule 23(f), the first application of the rule, and prospects of Rule 23(f) achieving its goals.