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University of Arkansas at Little Rock William H. Bowen School of Law

University of Arkansas at Little Rock Law Review

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Articles 1 - 30 of 1078

Full-Text Articles in Law

Employee Benefits Law—Shifting The Burden Out Of Neutral: Why Burden-Shifting Is Necessary In Erisa Breach Of Fiduciary Duty Claims, William G. Mcgrath Jun 2022

Employee Benefits Law—Shifting The Burden Out Of Neutral: Why Burden-Shifting Is Necessary In Erisa Breach Of Fiduciary Duty Claims, William G. Mcgrath

University of Arkansas at Little Rock Law Review

No abstract provided.


Criminal Procedure—Technology In The Modern Era: The Implications Of Carpenter V. United States And The Limits Of The Third-Party Doctrine As To Cell Phone Data Gathered Through Real-Time Tracking, Stingrays, And Cell Tower Dumps, Deepali Lal Jun 2022

Criminal Procedure—Technology In The Modern Era: The Implications Of Carpenter V. United States And The Limits Of The Third-Party Doctrine As To Cell Phone Data Gathered Through Real-Time Tracking, Stingrays, And Cell Tower Dumps, Deepali Lal

University of Arkansas at Little Rock Law Review

No abstract provided.


Employment Law—Just Let Them Handle It Amongst Themselves: An Argument In Favor Of Abandoning The Application Of The Lynn's Food Stores Standard To Flsa Settlement Agreements, Matthew C. Lewis Jun 2022

Employment Law—Just Let Them Handle It Amongst Themselves: An Argument In Favor Of Abandoning The Application Of The Lynn's Food Stores Standard To Flsa Settlement Agreements, Matthew C. Lewis

University of Arkansas at Little Rock Law Review

No abstract provided.


A New Stage In The Struggle For Voting Rights, Lynn Adelman Jun 2022

A New Stage In The Struggle For Voting Rights, Lynn Adelman

University of Arkansas at Little Rock Law Review

No abstract provided.


Contract Law—Conspicuous Arbitration Agreements In Online Contracts: Contradictions And Challenges In The Uber Cases, Matthew Hoffman Jun 2022

Contract Law—Conspicuous Arbitration Agreements In Online Contracts: Contradictions And Challenges In The Uber Cases, Matthew Hoffman

University of Arkansas at Little Rock Law Review

No abstract provided.


What It Takes: A Statistical Analysis Of Arkansas Supreme Court’S Petition For Review Process, Justice Rhonda Wood, Jessica Finan Patterson, Brian W. Johnson Jun 2022

What It Takes: A Statistical Analysis Of Arkansas Supreme Court’S Petition For Review Process, Justice Rhonda Wood, Jessica Finan Patterson, Brian W. Johnson

University of Arkansas at Little Rock Law Review

No abstract provided.


The Racist Roots Of The War On Drugs And The Myth Of Equal Protection For People Of Color, André Douglas Pond Cummings, Steven A. Ramirez Jun 2022

The Racist Roots Of The War On Drugs And The Myth Of Equal Protection For People Of Color, André Douglas Pond Cummings, Steven A. Ramirez

University of Arkansas at Little Rock Law Review

By 2021, the costs and pain arising from the propagation of the American racial hierarchy reached such heights that calls for anti-racism and criminal justice reform dramatically expanded. The brutal murder of George Floyd by the Minneapolis police vividly proved that the social construction of race in America directly conflicted with supposed American values of equal protection under law and notions of basic justice. The racially-driven War on Drugs (WOD) fuels much of the dissonance between American legal mythology—such as the non-discrimination principle and the impartial administration of the rule of law—and the reality of race in the United States. …


Constitutional Law—Fourteenth Amendment And Fetal Personhood—Established Injustice: American Abortion Jurisprudence And The Irreducible, Geoffrey "Chip" Gross Jun 2022

Constitutional Law—Fourteenth Amendment And Fetal Personhood—Established Injustice: American Abortion Jurisprudence And The Irreducible, Geoffrey "Chip" Gross

University of Arkansas at Little Rock Law Review

No abstract provided.


Criminal Law—The Federal Sentencing Guidelines: Examining The Physical Restraint Sentencing Enhancement, Drew Curtis Jun 2022

Criminal Law—The Federal Sentencing Guidelines: Examining The Physical Restraint Sentencing Enhancement, Drew Curtis

University of Arkansas at Little Rock Law Review

No abstract provided.


Employment Law—Antidiscrimination—Falling Into The Legal Void: How Arkansas Can Protect Unpaid Interns From Discrimination And Harassment, Christina Redmann Jun 2022

Employment Law—Antidiscrimination—Falling Into The Legal Void: How Arkansas Can Protect Unpaid Interns From Discrimination And Harassment, Christina Redmann

University of Arkansas at Little Rock Law Review

No abstract provided.


Administrative Law—The Wholesale Human: The Ineffectuality Of Responsive Regulation To Advancements In Reproductive Biotechnology Post Roe V. Wade, E. Jonathan Mader Apr 2022

Administrative Law—The Wholesale Human: The Ineffectuality Of Responsive Regulation To Advancements In Reproductive Biotechnology Post Roe V. Wade, E. Jonathan Mader

University of Arkansas at Little Rock Law Review

No abstract provided.


The Motor Carrier Excuse, David M. Cole Mar 2022

The Motor Carrier Excuse, David M. Cole

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—Large-Capacity Magazine Bans And The Second Amendment, Jared Self Mar 2022

Constitutional Law—Large-Capacity Magazine Bans And The Second Amendment, Jared Self

University of Arkansas at Little Rock Law Review

No abstract provided.


Property Law—Beyond Repair: The Persistent Unconstitutionality Of The Failure To Vacate Statute, Colin Boyd Mar 2022

Property Law—Beyond Repair: The Persistent Unconstitutionality Of The Failure To Vacate Statute, Colin Boyd

University of Arkansas at Little Rock Law Review

No abstract provided.


Donative Hot-Powers Cases Under The Uniform Power Of Attorney Act, F. Philip Manns Jr. Mar 2022

Donative Hot-Powers Cases Under The Uniform Power Of Attorney Act, F. Philip Manns Jr.

University of Arkansas at Little Rock Law Review

Among its significant reforms, the Uniform Power of Attorney Act (UPOAA) denies agents nine types of power unless “the power of attorney expressly grants” them. Those so-called “hot powers” relate to delegations of fiduciary authority and to donative transfers of the principal’s property for less than full consideration. The donative hot powers include creating, amending, or terminating a trust; making gifts; creating or changing beneficiary designations; creating or changing rights of survivorship; and waiving or disclaiming property interests. The rationale for requiring the grant of specific authority is the risk those acts pose to the principal’s property and estate plan. …


Arkansas’S Civil Asset Forfeiture Statute And The Eighth Amendment’S Excessive Fines Clause, Aaron Newell Mar 2022

Arkansas’S Civil Asset Forfeiture Statute And The Eighth Amendment’S Excessive Fines Clause, Aaron Newell

University of Arkansas at Little Rock Law Review

No abstract provided.


Immigration Law—Creating Consistency In Domestic Violence Asylum Cases, Zoya Miller Dec 2021

Immigration Law—Creating Consistency In Domestic Violence Asylum Cases, Zoya Miller

University of Arkansas at Little Rock Law Review

No abstract provided.


Labor And Employment—Not Waiting For Superman: Collective Bargaining As An Affirmation Of Teachers' Value, Christopher Yeatman Dec 2021

Labor And Employment—Not Waiting For Superman: Collective Bargaining As An Affirmation Of Teachers' Value, Christopher Yeatman

University of Arkansas at Little Rock Law Review

No abstract provided.


Yazzie V. Hobbs: The 2020 Election And Voting By Mail On- And Off-Reservation In Arizona, Jean Reith Schroedel, Kara Mazareas, Joseph Dietrich, Jamaica Bacus-Crawford Dec 2021

Yazzie V. Hobbs: The 2020 Election And Voting By Mail On- And Off-Reservation In Arizona, Jean Reith Schroedel, Kara Mazareas, Joseph Dietrich, Jamaica Bacus-Crawford

University of Arkansas at Little Rock Law Review

During the 2020 election, voting by mail was touted as a way to safely vote from home and avoid the risks of contracting COVID-19. While voting by mail is definitely safer than in-person voting, it also assumes that all citizens have equal access to the mail services needed for voting by mail. Lawyers, acting on behalf of Navajo plaintiffs in Arizona, argued in Yazzie et al. v. Hobbs (2020) that voters living on the Navajo Nation faced impermissible barriers in accessing voting by mail. They provided evidence showing there was limited mail service on the reservation and that mail delivery …


Business Judgment Rule Or Due Diligence? How To Reduce Vicarious Liability For Spac Directors And Officers, Beau Duty Dec 2021

Business Judgment Rule Or Due Diligence? How To Reduce Vicarious Liability For Spac Directors And Officers, Beau Duty

University of Arkansas at Little Rock Law Review

No abstract provided.


Time To Mail It In? A Survey Of 2020 Voting Rights Issues In Arkansas And Recommendations For More Inclusive Elections, Kim Vu-Dinh Dec 2021

Time To Mail It In? A Survey Of 2020 Voting Rights Issues In Arkansas And Recommendations For More Inclusive Elections, Kim Vu-Dinh

University of Arkansas at Little Rock Law Review

The highly contagious COVID-19 pandemic, combined with over fifty lawsuits brought by former President Donald Trump, made the general election of 2020 one of the most controversial in the history of the United States. Accusations of voter disenfranchisement proliferated across the nation and were initiated by members of both sides of the political spectrum, even before Election Day. Arkansas was no exception to this rule. In 2020, multiple Arkansas lawsuits highlighted the weaknesses of the state’s voter infrastructure, particularly with regard to the absentee ballot process. Voting-by-mail was particularly important in the pandemic year when long lines became a public …


Constitutional Law—Fourth Amendment Search And Seizure—Online Schools During A Pandemic: Fourth Amendment Implications When The State Requires Your Child To Turn On The Camera And Microphone Inside Your Home, Conan N. Becknell Sep 2021

Constitutional Law—Fourth Amendment Search And Seizure—Online Schools During A Pandemic: Fourth Amendment Implications When The State Requires Your Child To Turn On The Camera And Microphone Inside Your Home, Conan N. Becknell

University of Arkansas at Little Rock Law Review

No abstract provided.


Arkansas And The 3p Paradigm: What The Arkansas General Assembly Should Do To Better Protect Victims Of Sex Trafficking, Prosecute Sex Trafficking Offenders, And Prevent Sex Trafficking From Occurring Within The State, Melody Pruitt-Guffey Sep 2021

Arkansas And The 3p Paradigm: What The Arkansas General Assembly Should Do To Better Protect Victims Of Sex Trafficking, Prosecute Sex Trafficking Offenders, And Prevent Sex Trafficking From Occurring Within The State, Melody Pruitt-Guffey

University of Arkansas at Little Rock Law Review

No abstract provided.


Protecting The Child Bride: Following Texas' Middle-Ground Approach, Wendy Ross Sep 2021

Protecting The Child Bride: Following Texas' Middle-Ground Approach, Wendy Ross

University of Arkansas at Little Rock Law Review

No abstract provided.


Caste Discrimination And Federal Employment Law In The United States, Brian Elzweig Sep 2021

Caste Discrimination And Federal Employment Law In The United States, Brian Elzweig

University of Arkansas at Little Rock Law Review

No abstract provided.


Liberty And Health, Frank Griffin Sep 2021

Liberty And Health, Frank Griffin

University of Arkansas at Little Rock Law Review

Liberty is the essence of human nature and is necessary for optimal health. During the COVID-19 pandemic, the government placed unprecedented restrictions on personal liberty in the name of public health, confining millions of Americans to their homes, forcing hundreds of thousands of businesses and parks to close, shuttering abortion clinics, heavily regulating churches, monitoring gatherings in private homes, restricting interstate travel, and shifting disease burdens onto protected populations. Personal liberty is sustenance for individual health. Medical principles of patient autonomy, patient privacy, and social justice are closely related to legal concepts of personal liberty, the liberty of constitutional privacy, …


Constitutional Law—Ballot Initiatives And Direct Democracy—Amendment 100 To The Arkansas Constitution: Constitutional Issues Surrounding Ballot Initiatives And Local Legislation, Michael Stiritz Mar 2021

Constitutional Law—Ballot Initiatives And Direct Democracy—Amendment 100 To The Arkansas Constitution: Constitutional Issues Surrounding Ballot Initiatives And Local Legislation, Michael Stiritz

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—The Powers Of State Attorneys General To Determine Public Interest, J. Dillon Pitts Mar 2021

Constitutional Law—The Powers Of State Attorneys General To Determine Public Interest, J. Dillon Pitts

University of Arkansas at Little Rock Law Review

No abstract provided.


A License To Plagiarize, Brian L. Frye Mar 2021

A License To Plagiarize, Brian L. Frye

University of Arkansas at Little Rock Law Review

No abstract provided.


Civil Rights Law—Out Of The Shadows: The Case For Arkansas To Achieve Full Compliance With The Prison Rape Elimination Act, Connor Thompson Mar 2021

Civil Rights Law—Out Of The Shadows: The Case For Arkansas To Achieve Full Compliance With The Prison Rape Elimination Act, Connor Thompson

University of Arkansas at Little Rock Law Review

No abstract provided.