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

2018

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Articles 1 - 30 of 37

Full-Text Articles in Law

Book Smart, Nancy Bellhouse May Oct 2018

Book Smart, Nancy Bellhouse May

The Journal of Appellate Practice and Process

No abstract provided.


Shot Selection, Patrick J. Barry Oct 2018

Shot Selection, Patrick J. Barry

The Journal of Appellate Practice and Process

No abstract provided.


Pothole Laws, Appellate Courts, And Judicial Drift, Kenneth L. Gartner Oct 2018

Pothole Laws, Appellate Courts, And Judicial Drift, Kenneth L. Gartner

The Journal of Appellate Practice and Process

This article begins by describing the structure of the appellate system in New York state, introducing the features of the typical New York pothole law, and summarizing the New York cases that set the substantive and procedural background for a discussion and analysis of judicial drift.


The Right To Appeal In Comparative Perspective, Dražan Djukić Oct 2018

The Right To Appeal In Comparative Perspective, Dražan Djukić

The Journal of Appellate Practice and Process

Appellate procedures regarding the most serious crimes under domestic law are, in general, conducted differently in common law and civil law systems. This article reviews the differences concerning the primary facets of such proceedings, namely prosecutorial rights of appeal, access to appellate review, the scope of appellate review, the admission of additional evidence, appellate decisionmaking powers, and the functions of appellate review. It then explains that these differences result from dissimilar decisionmaking processes, degrees of adherence to the search for the truth, and sources of law.


The Art Of The Effective Reply, Peter M. Mansfield Oct 2018

The Art Of The Effective Reply, Peter M. Mansfield

The Journal of Appellate Practice and Process

No abstract provided.


Behind The Velvet Curtain: Understanding Supreme Court Conference Discussions Through Justices' Personal Conference Notes, Ryan C. Black, Timothy R. Johnson Oct 2018

Behind The Velvet Curtain: Understanding Supreme Court Conference Discussions Through Justices' Personal Conference Notes, Ryan C. Black, Timothy R. Johnson

The Journal of Appellate Practice and Process

No abstract provided.


The Indelible Mark Of Plagiarism: Why Is It So Difficult To Make It Stop?, Brenda D. Gibson Oct 2018

The Indelible Mark Of Plagiarism: Why Is It So Difficult To Make It Stop?, Brenda D. Gibson

University of Arkansas at Little Rock Law Review

No abstract provided.


Bankruptcy—Student Loans For Life, The Discharge Of Student Loans Under 11 U.S.C. § 523 (A)(8)—Using The Eighth Circuit's Totality-Of-The-Circumstances Test And The Partial Discharge Method, Richard D. Burke Iii Oct 2018

Bankruptcy—Student Loans For Life, The Discharge Of Student Loans Under 11 U.S.C. § 523 (A)(8)—Using The Eighth Circuit's Totality-Of-The-Circumstances Test And The Partial Discharge Method, Richard D. Burke Iii

University of Arkansas at Little Rock Law Review

No abstract provided.


Property Law—Landlord-Tenant Law—The Iron Triangle Of Residential Leases: Landlords, Tenants, And Economic Policy In America's Last State Without Implied Warranty Of Habitability. Alexander Apartments V. City Of Little Rock, 60cv-15-6339 (2017), Wesley N. Manus Oct 2018

Property Law—Landlord-Tenant Law—The Iron Triangle Of Residential Leases: Landlords, Tenants, And Economic Policy In America's Last State Without Implied Warranty Of Habitability. Alexander Apartments V. City Of Little Rock, 60cv-15-6339 (2017), Wesley N. Manus

University of Arkansas at Little Rock Law Review

No abstract provided.


Employment Law—The Split Over The Shift: The Burden Of Proving Causation In Claims For Breach Of Fiduciary Duty Under Erisa, William J. Swartzwelder Oct 2018

Employment Law—The Split Over The Shift: The Burden Of Proving Causation In Claims For Breach Of Fiduciary Duty Under Erisa, William J. Swartzwelder

University of Arkansas at Little Rock Law Review

No abstract provided.


Generation Z Goes To Law School: Teaching And Reaching Law Students In The Post-Millennial Generation, Laura P. Graham Oct 2018

Generation Z Goes To Law School: Teaching And Reaching Law Students In The Post-Millennial Generation, Laura P. Graham

University of Arkansas at Little Rock Law Review

No abstract provided.


All Eyez On Me': America's War On Drugs And The Prison-Industrial Complex, André Douglas Pond Cummings Sep 2018

All Eyez On Me': America's War On Drugs And The Prison-Industrial Complex, André Douglas Pond Cummings

Faculty Scholarship

In 1971, President Richard Nixon named drug abuse as “public enemy number one” in the United States. Since that time, an explicit “War on Drugs” has dominated the political imagination of the United States. Since declaring a War on Drugs, domestic incarceration rates have exploded, particularly in the African-American and Latino populations. Politicians such as Nixon, Barry Goldwater, and Nelson Rockefeller each advocated for harsh drug laws and severe criminal sanctions because they argued a strong correlation existed between drug addiction and crime. These claims have dominated legislative enactments since the 1970s, virtually ignoring those who argue that drug addiction …


Outlier: Iran And Its Use Of The Death Penalty, Ahmed Shaheed, Faraz Sanei Aug 2018

Outlier: Iran And Its Use Of The Death Penalty, Ahmed Shaheed, Faraz Sanei

Faculty Scholarship

For several years now the right to life has been under heavy assault in the Islamic Republic of Iran. The country has followed a familiar but troubling pattern regarding the use of the death penalty. It has consistently ranked second in the world in the number of executions carried out (behind China), and first in executions per capita. More recently, the upward trend in executions that began in 2010-11 has reached alarming levels not seen in more than two decades. In 2015, alone, human rights organisations tracking the number of executions in Iran documented at least 966 executions, with over …


Reforming Policing, André Douglas Pond Cummings Jul 2018

Reforming Policing, André Douglas Pond Cummings

Faculty Scholarship

Law enforcement killing of unarmed black men and police brutality visited upon minority citizens continues to confound the United States. Despite protests, clarion calls for reform, admitted training shortcomings and deficiencies among U.S. law enforcement officers, conferences, summits, and movements to reform policing, the solution to ending undisciplined police violence and the hostile killings of unarmed minority individuals at the hands of U.S. police seems to elude us. Why should this be? The United States is home to some of the most creative, innovative, pathmarking, and course-changing thinkers the world has ever known. This challenge — police killing of unarmed …


Managing “Retreat”: The Challenges Of Adapting Land Use To Climate Change, Andrea Mcardle Jul 2018

Managing “Retreat”: The Challenges Of Adapting Land Use To Climate Change, Andrea Mcardle

University of Arkansas at Little Rock Law Review

No abstract provided.


The Hurricane Katrina Litigation Against The Corps Of Engineers: Is Denial Of Geology And Climate Change The Way To Save New Orleans?, Edward P. Richards Iii Jul 2018

The Hurricane Katrina Litigation Against The Corps Of Engineers: Is Denial Of Geology And Climate Change The Way To Save New Orleans?, Edward P. Richards Iii

University of Arkansas at Little Rock Law Review

No abstract provided.


Informal Governance Structures And Disaster Planning: The Case Of Wildfire, Stephen R. Miller, Jaap Vos, Eric Lindquist Jul 2018

Informal Governance Structures And Disaster Planning: The Case Of Wildfire, Stephen R. Miller, Jaap Vos, Eric Lindquist

University of Arkansas at Little Rock Law Review

No abstract provided.


Low Carbon Land Use: Paris, Pittsburgh, And The Ipcc, John R. Nolon Jul 2018

Low Carbon Land Use: Paris, Pittsburgh, And The Ipcc, John R. Nolon

University of Arkansas at Little Rock Law Review

No abstract provided.


Heat Waves: Legal Adaptation To The Most Lethal Climate Disaster (So Far), Michael B. Gerrard Jul 2018

Heat Waves: Legal Adaptation To The Most Lethal Climate Disaster (So Far), Michael B. Gerrard

University of Arkansas at Little Rock Law Review

No abstract provided.


Taking A Page From The Fda’S Prescription Medicine Information Rules: Reimagining Environmental Information For Climate Change, Sarah Lamdan, Rebecca Bratspies Jul 2018

Taking A Page From The Fda’S Prescription Medicine Information Rules: Reimagining Environmental Information For Climate Change, Sarah Lamdan, Rebecca Bratspies

University of Arkansas at Little Rock Law Review

No abstract provided.


Denying Disaster: A Modest Proposal For Transitioning From Climate Change Denial Culture In The Southeastern United States, Blake Hudson, Evan Spencer Jul 2018

Denying Disaster: A Modest Proposal For Transitioning From Climate Change Denial Culture In The Southeastern United States, Blake Hudson, Evan Spencer

University of Arkansas at Little Rock Law Review

No abstract provided.


Harvey, Irma, And The Nfip: Did The 2017 Hurricane Season Matter To Flood Insurance Reauthorization?, Robin Kundis Craig Jul 2018

Harvey, Irma, And The Nfip: Did The 2017 Hurricane Season Matter To Flood Insurance Reauthorization?, Robin Kundis Craig

University of Arkansas at Little Rock Law Review

No abstract provided.


Where We Are, Nancy Bellhouse May Apr 2018

Where We Are, Nancy Bellhouse May

The Journal of Appellate Practice and Process

No abstract provided.


The Supreme Court—Then And Now, Jon O. Newman Apr 2018

The Supreme Court—Then And Now, Jon O. Newman

The Journal of Appellate Practice and Process

No abstract provided.


Native American Tribal Appellate Courts: Underestimated And Overlooked, Gregory D. Smith Apr 2018

Native American Tribal Appellate Courts: Underestimated And Overlooked, Gregory D. Smith

The Journal of Appellate Practice and Process

No abstract provided.


My First Supreme Court Argument . . . And Then What Happened, Adam G. Unikowsky Apr 2018

My First Supreme Court Argument . . . And Then What Happened, Adam G. Unikowsky

The Journal of Appellate Practice and Process

No abstract provided.


Wither Oral Argument? The American Academy Of Appellate Lawyers Says Let’S Resurrect It!, James C. Martin, Susan M. Freeman Apr 2018

Wither Oral Argument? The American Academy Of Appellate Lawyers Says Let’S Resurrect It!, James C. Martin, Susan M. Freeman

The Journal of Appellate Practice and Process

No abstract provided.


A Word Of Introduction: U.S. Supreme Court Brief Writing Style Guide, Dan Schweitzer Apr 2018

A Word Of Introduction: U.S. Supreme Court Brief Writing Style Guide, Dan Schweitzer

The Journal of Appellate Practice and Process

No abstract provided.


U.S. Supreme Court Brief Writing Style Guide, Dan Schweitzer Apr 2018

U.S. Supreme Court Brief Writing Style Guide, Dan Schweitzer

The Journal of Appellate Practice and Process

No abstract provided.


Slumping: The Eighth Circuit’S Supreme Court Batting Average In Federal-Sentencing Cases, Mark W. Bennett Apr 2018

Slumping: The Eighth Circuit’S Supreme Court Batting Average In Federal-Sentencing Cases, Mark W. Bennett

The Journal of Appellate Practice and Process

No abstract provided.