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

2006

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Articles 1 - 30 of 59

Full-Text Articles in Law

A Favorite, Nancy Bellhouse May Oct 2006

A Favorite, Nancy Bellhouse May

The Journal of Appellate Practice and Process

No abstract provided.


How I Got To The New York Court Of Appeals, Albert M. Rosenblatt Oct 2006

How I Got To The New York Court Of Appeals, Albert M. Rosenblatt

The Journal of Appellate Practice and Process

No abstract provided.


Preface, D. P. Marshall Jr. Oct 2006

Preface, D. P. Marshall Jr.

The Journal of Appellate Practice and Process

No abstract provided.


All Right, Retired Judges, Write!, Ruggero J. Aldisert Oct 2006

All Right, Retired Judges, Write!, Ruggero J. Aldisert

The Journal of Appellate Practice and Process

No abstract provided.


Transitioning, Frank M. Coffin Oct 2006

Transitioning, Frank M. Coffin

The Journal of Appellate Practice and Process

No abstract provided.


One Judge's Journey, Janine P. Geske Oct 2006

One Judge's Journey, Janine P. Geske

The Journal of Appellate Practice and Process

No abstract provided.


Stepping Down, D. Brock Hornby Oct 2006

Stepping Down, D. Brock Hornby

The Journal of Appellate Practice and Process

No abstract provided.


A Firm Foundation For Life After The Bench, Vincent L. Mckusick Oct 2006

A Firm Foundation For Life After The Bench, Vincent L. Mckusick

The Journal of Appellate Practice and Process

No abstract provided.


Appealing Remand Orders Under The Class Action Fairness Act, David L. Horan Oct 2006

Appealing Remand Orders Under The Class Action Fairness Act, David L. Horan

The Journal of Appellate Practice and Process

No abstract provided.


Retired And Working, Roger Philip Kerans Oct 2006

Retired And Working, Roger Philip Kerans

The Journal of Appellate Practice and Process

No abstract provided.


Ebay V. Mercexchange As A Sign Of Things To Come: Is The Supreme Court Still Reluctant To Hear Patent Cases?, Peter O. Huang Oct 2006

Ebay V. Mercexchange As A Sign Of Things To Come: Is The Supreme Court Still Reluctant To Hear Patent Cases?, Peter O. Huang

The Journal of Appellate Practice and Process

No abstract provided.


Advocacy At Its Best: The Views Of Appellate Staff Attorneys, Joseph C. Merling Oct 2006

Advocacy At Its Best: The Views Of Appellate Staff Attorneys, Joseph C. Merling

The Journal of Appellate Practice and Process

No abstract provided.


A Snapshot Of Briefs, Opinions, And Citations In Federal Appeals, Robert Timothy Reagan Oct 2006

A Snapshot Of Briefs, Opinions, And Citations In Federal Appeals, Robert Timothy Reagan

The Journal of Appellate Practice and Process

No abstract provided.


Reflections On Appellate Courts: An Appellate Advocate's Thoughts For Judges, Mary Massaron Ross Oct 2006

Reflections On Appellate Courts: An Appellate Advocate's Thoughts For Judges, Mary Massaron Ross

The Journal of Appellate Practice and Process

No abstract provided.


The Reporter's Privilege In Arkansas: An Overview With Commentary, Philip S. Anderson Oct 2006

The Reporter's Privilege In Arkansas: An Overview With Commentary, Philip S. Anderson

University of Arkansas at Little Rock Law Review

No abstract provided.


Do Not Pass Go, Do Not Collect $200: The Reporter's Privilege Today, Douglas E. Lee Oct 2006

Do Not Pass Go, Do Not Collect $200: The Reporter's Privilege Today, Douglas E. Lee

University of Arkansas at Little Rock Law Review

No abstract provided.


Déjà Vu All Over Again: How A Generation Of Gains In The Federal Reporter's Privilege Law Is Being Reversed, Lucy A. Dalglish, Casey Murray Oct 2006

Déjà Vu All Over Again: How A Generation Of Gains In The Federal Reporter's Privilege Law Is Being Reversed, Lucy A. Dalglish, Casey Murray

University of Arkansas at Little Rock Law Review

No abstract provided.


The Concerto The Without Sheet Music: Revisiting The Debate Over First Amendment Protection For Information Gathering, Anthony L. Fargo Oct 2006

The Concerto The Without Sheet Music: Revisiting The Debate Over First Amendment Protection For Information Gathering, Anthony L. Fargo

University of Arkansas at Little Rock Law Review

No abstract provided.


A Trial Judge's Rumination On The Reporter's Privilege, Susan Webber Wright Oct 2006

A Trial Judge's Rumination On The Reporter's Privilege, Susan Webber Wright

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law & Criminal Law - The Eighth Amendment - The Juvenile Death Penalty: A Premature Decision Over Teenage Immaturity? Roper V. Simmons, 543 U.S. 551 (2005)., J. Blake Byrd Oct 2006

Constitutional Law & Criminal Law - The Eighth Amendment - The Juvenile Death Penalty: A Premature Decision Over Teenage Immaturity? Roper V. Simmons, 543 U.S. 551 (2005)., J. Blake Byrd

University of Arkansas at Little Rock Law Review

The final clause of the Eighth Amendment is the source of this nation's prohibition on unconstitutional punishment. Today, the Supreme Court's evolving-standard on the prohibition on unconstitutional punishment has two steps: The Court (1) looks at objective indicia of societal consensus against a particular practice and (2) ultimately uses its independent judgment to analyze whether the punishment is proportional to the offender's mental state and category of crime. There is tension within the Court, however, because some members believe that the evolving-standards jurisprudence is mistaken, and they fervently reject a proportionality analysis.

The United States has a long history of …


Intellectual Property - Copyright & Internet Law - "The Big Chill": The Supreme Court Adopts An Inducement Standard For Third-Party Copyright Infringement Liability, Leaving Innovation In The Cold Metro-Goldwyn-Mayer Studios, Inc. V. Grokster, Ltd., 125 S. Ct. 2764 (2005)., Darrin Keith Henning Oct 2006

Intellectual Property - Copyright & Internet Law - "The Big Chill": The Supreme Court Adopts An Inducement Standard For Third-Party Copyright Infringement Liability, Leaving Innovation In The Cold Metro-Goldwyn-Mayer Studios, Inc. V. Grokster, Ltd., 125 S. Ct. 2764 (2005)., Darrin Keith Henning

University of Arkansas at Little Rock Law Review

A key feature of an effective copyright system is to provide protection against infringement that is consistent with a copyright's goal: to "promote . . . useful Arts." Thus, for the overall public good, it is vital to achieve a proper balance between protecting authors' works as an incentive to create and the public's interest in accessing both creative works and new technology. The outcome of Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd. (Grosker III) and the resulting business and legal developments created ambiguity and doubt regarding potential liability in the copyright system that is having a deleterious effect on technical …


Grutter V. Bollinger, Clarence Thomas, Affirmative Action And The Treachery Of Originalism: "The Sun Don't Shine Here In This Part Of Town", André Douglas Pond Cummings Sep 2006

Grutter V. Bollinger, Clarence Thomas, Affirmative Action And The Treachery Of Originalism: "The Sun Don't Shine Here In This Part Of Town", André Douglas Pond Cummings

Faculty Scholarship

Careful examination of Justice Clarence Thomas's dissenting opinion in the landmark affirmative action case Grutter v. Bollinger is important for a number of reasons: First, as one of the youngest members of the U.S. Supreme Court, Thomas stands a reasonable chance of still being a member of the court in 25 years, the self imposed implosion date (sunset provision) established by Justice O'Connor's majority opinion. No doubt, Thomas relishes the idea of writing the majority opinion that kills affirmative action and racial preferences for good.

Second, much as Justice Harlan's dissenting opinion in Plessy v. Ferguson was used as a …


Still 'Ain't No Glory In Pain': How The Telecommunications Act Of 1996 And Other 1990s Deregulation Faciliated The Market Crash Of 2002, André Douglas Pond Cummings Sep 2006

Still 'Ain't No Glory In Pain': How The Telecommunications Act Of 1996 And Other 1990s Deregulation Faciliated The Market Crash Of 2002, André Douglas Pond Cummings

Faculty Scholarship

This article investigates the various flaws inherent in two short-sighted Congressional enactments, The Telecommunications Act of 1996 and the Commodities Futures Modernization Act of 2000 (CFMA). The article concludes that the Telecommunications Act and the CFMA, together with various 1990s deregulation legislation, led in large part to the collapse of the U.S. capital markets in 2002.

The article continues a comprehensive review undertaken in the recently published Ain't No Glory In Pain: How the 1994 Republican Revolution, the Private Securities Litigation Reform Act of 1995 and Certain 1990s Deregulation Contributed to the Collapse of the Unites States' Capital Markets, 83 …


Environmental Law—Comprehensive Environmental Response, Compensation, And Liability Act—One Foot In The Grave: The Agonizing Death Of Voluntary Cleanup Under Cercla. Cooper Industries, Inc. V. Aviall Services, Inc., 543 U.S. 157 (2004)., Chris Kinslow Jul 2006

Environmental Law—Comprehensive Environmental Response, Compensation, And Liability Act—One Foot In The Grave: The Agonizing Death Of Voluntary Cleanup Under Cercla. Cooper Industries, Inc. V. Aviall Services, Inc., 543 U.S. 157 (2004)., Chris Kinslow

University of Arkansas at Little Rock Law Review

No abstract provided.


If The Constable Blunders, Does The County Pay?: Liability Under Title 42 U.S.C. § 1983, Andrew Fulkerson Jul 2006

If The Constable Blunders, Does The County Pay?: Liability Under Title 42 U.S.C. § 1983, Andrew Fulkerson

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—Commerce Clause—California Takes A Hit: The Supreme Court Upholds Congressional Authority Over The State-Approved Use Of Medicinal Marijuana. Gonzales V. Raich, 545 U.S. 1 (2005)., Rick Behring Jr. Jul 2006

Constitutional Law—Commerce Clause—California Takes A Hit: The Supreme Court Upholds Congressional Authority Over The State-Approved Use Of Medicinal Marijuana. Gonzales V. Raich, 545 U.S. 1 (2005)., Rick Behring Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.


How To Make The Losing Oral Argument, Coleen M. Barger Jul 2006

How To Make The Losing Oral Argument, Coleen M. Barger

Faculty Scholarship

No abstract provided.


Reading About The National Conference, Nancy Bellhouse May Apr 2006

Reading About The National Conference, Nancy Bellhouse May

The Journal of Appellate Practice and Process

No abstract provided.


Statistical Data Regarding State Courts, The National Center For State Courts Apr 2006

Statistical Data Regarding State Courts, The National Center For State Courts

The Journal of Appellate Practice and Process

No abstract provided.


1955-2004 Statistical Data Regarding Federal Courts, The Federal Judicial Center Apr 2006

1955-2004 Statistical Data Regarding Federal Courts, The Federal Judicial Center

The Journal of Appellate Practice and Process

No abstract provided.