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Articles 1 - 21 of 21
Full-Text Articles in Law
What It Takes: A Statistical Analysis Of Arkansas Supreme Court’S Petition For Review Process, Justice Rhonda Wood, Jessica Finan Patterson, Brian W. Johnson
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.
Ethical And Aggressive Appellate Advocacy: The Decision To Petition For Certiorari In Criminal Cases, J. Thomas Sullivan
Ethical And Aggressive Appellate Advocacy: The Decision To Petition For Certiorari In Criminal Cases, J. Thomas Sullivan
Faculty Scholarship
Over the past six decades, United States Supreme Court decisions have dramatically reshaped the criminal justice process to provide significant protections for defendants charged in federal and state proceedings, reflecting a remarkable expansion of due process and specific constitutional guarantees. For criminal defendants seeking relief based on recognition of new rules of constitutional criminal procedure, application of existing rules or precedent to novel factual scenarios, or in some cases, enforcement of existing precedent, obtaining relief requires further action on the Court’s part. In those situations, the Court’s exercise of its certiorari jurisdiction is the exclusive remedy offering an avenue for …
Original Intent: Understanding The Supreme Court's Original Jurisdiction In Controversies Between States, Kristen A. Linsley
Original Intent: Understanding The Supreme Court's Original Jurisdiction In Controversies Between States, Kristen A. Linsley
The Journal of Appellate Practice and Process
No abstract provided.
Corporate Criminal Responsibility For Human Rights Violations: Jurisdiction And Reparations, Kenneth S. Gallant
Corporate Criminal Responsibility For Human Rights Violations: Jurisdiction And Reparations, Kenneth S. Gallant
Faculty Scholarship
No abstract provided.
Infrequently Asked Questions, Edward T. Swaine
Infrequently Asked Questions, Edward T. Swaine
The Journal of Appellate Practice and Process
If appellate advocates could hear from courts about topics that might be raised during oral argument—as opposed to relying solely on their ability to anticipate the issues—might their answers be better? That seems likely, but it is unlikely that research could confirm that, as judicial practice overwhelmingly favors impromptu questioning. Spontaneity may be harmless if the question was predictable, or unavoidable if a judge just thought of the question. But sometimes advocates have to answer challenging questions concerning the law, facts, or implications of a position—questions that help decide the case, either due to the quality of the answer or …
A Call For Clarity Resulting From Daimler Ag V. Bauman: Jurisdictional Veil Piercing In The Context Of Parent And Subsidiary Corporations And The Irrelevance Of Fraud Or Injustice, Hays C. Doan
University of Arkansas at Little Rock Law Review
No abstract provided.
Guide To Structuring Resales Of Restricted Securities Held By Control And Non-Control Holders Under Federal And Arkansas Law, John F. Griffee
Guide To Structuring Resales Of Restricted Securities Held By Control And Non-Control Holders Under Federal And Arkansas Law, John F. Griffee
University of Arkansas at Little Rock Law Review
No abstract provided.
The Arkansas Supreme Court’S Unconstitutional Power Grab In Arkansas Department Of Human Services V. Shelby And The Judiciary’S Authority In Child-Welfare Cases, Jerald A. Sharum
The Arkansas Supreme Court’S Unconstitutional Power Grab In Arkansas Department Of Human Services V. Shelby And The Judiciary’S Authority In Child-Welfare Cases, Jerald A. Sharum
University of Arkansas at Little Rock Law Review
No abstract provided.
The Indeterminate International Law Of Jurisdiction, The Presumption Against Extraterritorial Effect Of Statutes, And Certainty In U.S. Criminal Law, Kenneth S. Gallant
The Indeterminate International Law Of Jurisdiction, The Presumption Against Extraterritorial Effect Of Statutes, And Certainty In U.S. Criminal Law, Kenneth S. Gallant
Faculty Scholarship
It is, in certain cases, impossible for persons to tell in advance which states will have effective legislative jurisdiction over their acts. In these cases, it is impossible to tell in advance whose law the person must obey. This quandry arises where some national law purports to regulate outsiders and their acts in a manner arguably inconsistent with the international law of legislative jurisdiction. If the regulating state's courts do not allow challenges to jurisdiction based on international law, and the state of the outsider's nationality fails to protect her diplomatically, the outsider has no protection against excessive claims of …
A Second Chance For Innovation - Foreign Inspiration For The Revised Uniform Residential Landlord And Tenant Act, Melissa T. Lonegrass
A Second Chance For Innovation - Foreign Inspiration For The Revised Uniform Residential Landlord And Tenant Act, Melissa T. Lonegrass
University of Arkansas at Little Rock Law Review
No abstract provided.
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 …
Common Procedural And Jurisdictional Pitfalls To Avoid In Practicing Before The Arkansas Supreme Court, Megan Hargraves
Common Procedural And Jurisdictional Pitfalls To Avoid In Practicing Before The Arkansas Supreme Court, Megan Hargraves
University of Arkansas at Little Rock Law Review
No abstract provided.
Jurisdiction To Adjudicate And Jurisdiction To Prescribe In International Criminal Courts, Kenneth S. Gallant
Jurisdiction To Adjudicate And Jurisdiction To Prescribe In International Criminal Courts, Kenneth S. Gallant
Faculty Scholarship
Direct jurisdiction over individuals, along with responsibilities to them, are outstanding characteristics of the new International Criminal Court (ICC or Court), as they already are of the International Criminal Tribunals for the Former Yugoslavia (ICTY) and for Rwanda (ICTR). This Article raises issues of legitimate power to prosecute and to define criminal law and issues of individual human rights which necessarily arise in any criminal system.
This Article is predominantly an analysis of issues of criminal jurisdiction over persons as they are treated in the ICC Statute, as well as in the current ad hoc international criminal tribunals. Part II …
Appeals In The Ad Hoc International Criminal Tribunals: Structure, Procedure, And Recent Cases, Mark A. Drumbl, Kenneth S. Gallant
Appeals In The Ad Hoc International Criminal Tribunals: Structure, Procedure, And Recent Cases, Mark A. Drumbl, Kenneth S. Gallant
Faculty Scholarship
No abstract provided.
The Arkansas Supreme Court And The Civil War, L. Scott Stafford
The Arkansas Supreme Court And The Civil War, L. Scott Stafford
Faculty Scholarship
No abstract provided.
Conflict Of Laws—Multistate Torts—Arkansas Relies On Choice-Influencing Considerations And The Better Rule Of Law, Carmen L. Arick
Conflict Of Laws—Multistate Torts—Arkansas Relies On Choice-Influencing Considerations And The Better Rule Of Law, Carmen L. Arick
University of Arkansas at Little Rock Law Review
No abstract provided.
Courts—Judicial Immunity—Prospective Relief And Attorney's Fees Allowed, Robert S. Irving
Courts—Judicial Immunity—Prospective Relief And Attorney's Fees Allowed, Robert S. Irving
University of Arkansas at Little Rock Law Review
No abstract provided.
Property—Meeting The Due Process Requirements Of Notice To Mortgagees In Tax Sales, Jerry L. Malone
Property—Meeting The Due Process Requirements Of Notice To Mortgagees In Tax Sales, Jerry L. Malone
University of Arkansas at Little Rock Law Review
No abstract provided.
Civil Procedure—Minimum Contacts—Eighth Circuit Survey, George P. Nelson
Civil Procedure—Minimum Contacts—Eighth Circuit Survey, George P. Nelson
University of Arkansas at Little Rock Law Review
No abstract provided.
The Bankruptcy Reform Act Of 1978–A Review And Comments, Glenn E. Pasvogel Jr.
The Bankruptcy Reform Act Of 1978–A Review And Comments, Glenn E. Pasvogel Jr.
University of Arkansas at Little Rock Law Review
No abstract provided.
The Proposed Arkansas Uniform Child Custody Jurisdiction Act, Edward O. Moody
The Proposed Arkansas Uniform Child Custody Jurisdiction Act, Edward O. Moody
University of Arkansas at Little Rock Law Review
No abstract provided.