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Articles 31 - 60 of 1791
Full-Text Articles in Law
The Farcical Samaritan's Dilemma, Andre Douglas Pond Cummings
The Farcical Samaritan's Dilemma, Andre Douglas Pond Cummings
Faculty Scholarship
“[T]he hypothesis is that modern man has become incapable of making the choices that are required to prevent his exploitation by predators of his own species[.]”
This article explores one of the foundational pillar theories of Law and Economics and specifically Public Choice Theory as espoused by Nobel Laureate James M. Buchanan: the “Samaritan’s Dilemma.” Using the Biblical parable of the Good Samaritan, Buchanan imagines a “dilemma” faced by the Good Samaritan when encountering a beaten and bloodied man left to die on the road to Jericho. Using Game Theory, Buchanan constructs a moral quandary that the man from Samaria …
Cause For Concern Or Cause For Celebration?: Did Bostock V. Clayton County Establish A New Mixed Motive Theory For Title Vii Cases And Make It Easier For Plaintiffs To Prove Discrimination Claims?, Terrence Cain
Faculty Scholarship
Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer to discriminate against an employee “because of” race, color, religion, sex, or national origin. This seems simple enough, but if an employer makes an adverse employment decision partly for an impermissible reason and partly for a permissible reason, i.e., if the employer acts with a mixed motive, has the employer acted “because of” the impermissible reason? According to Gross v. FBL Financial Services, Inc. and University of Texas Southwestern Medical Center v. Nassar, the answer is no. The Courts in Gross and Nassar held that …
Fourth Amendment Privacy In Public: A Fundamental Theory With Application To Location Tracking, Jordan Wallace-Wolf
Fourth Amendment Privacy In Public: A Fundamental Theory With Application To Location Tracking, Jordan Wallace-Wolf
Faculty Scholarship
When we walk out our front door, we are in public and other people may look at us. But intuitively, we don’t open ourselves up to unlimited scrutiny just by going outside. We retain some privacy, even in public. What is the source of this residual public-privacy, and how should the law recognize it without degrading the open character of public space?
The answer given by commentators, and most recently by the Supreme Court in Carpenter v. U.S., comes in the form of two related claims. The first is the chilling theory of the Fourth Amendment. According to this idea, …
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
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
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
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 …
Immigration Law—Creating Consistency In Domestic Violence Asylum Cases, Zoya Miller
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
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.
Arkansas Practice Materials: A Selective Annotated Bibliography, Jessie Wallace Burchfield, Melissa Serfass
Arkansas Practice Materials: A Selective Annotated Bibliography, Jessie Wallace Burchfield, Melissa Serfass
Faculty Scholarship
Whether you are a legal professional or a novice legal researcher, this annotated bibliography of Arkansas practice materials provides current and relevant state-specific information about available resources. The bibliography integrates online and print resources, grouped by topic rather than format. Each source is annotated with helpful information.
Detailed information about primary legal materials such as court cases, statutes and administrative regulations is included. Information about secondary sources such as treatises, practice manuals, forms, and websites, is also covered.
It is organized in five main sections: Primary Materials, Government Resources, State Specific Resources, General Jurisprudence, and Practice Materials by Topic.
Trauma, André Douglas Pond Cummings
Trauma, André Douglas Pond Cummings
Faculty Scholarship
Meek Mill’s life and career have been punctuated by trauma. From childhood through his current adulthood, Mill has experienced excruciating trauma even as a well-known hip hop artist. In 2018’s track of that name Trauma, Mill describes in illuminating prose just how these traumatic experiences harmed and impacted him personally describing the very same harms that impact so many similarly situated young black people in the United States. Meek Mill, as a child, witnessed violent death and experienced poverty while as a young man he was arrested and incarcerated (wrongly). Despite his star turn as a true hip hop icon, …
Racial Captialism And Race Massacres: Tulsa's Black Wall Street And Elaine's Sharecroppers, André Douglas Pond Cummings, Kalvin Graham
Racial Captialism And Race Massacres: Tulsa's Black Wall Street And Elaine's Sharecroppers, André Douglas Pond Cummings, Kalvin Graham
Faculty Scholarship
United States history is marked and checkered with grievous race massacres dating back to the end of slavery. These race “riots,” as they are benignly referred to in some quarters, occurred infamously in Tulsa, Elaine, Rosewood, Chicago, Detroit, and so many other lesser remembered cities. The starkest period of race massacres in the United States, including each of those just mentioned, occurred in the early 1900s, between 1919 and 1923 when Black Americans, newly empowered by service in a world war and having gained available land grants in territories where indigenous peoples were forced to abandon, began finding economic and …
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
University of Arkansas at Little Rock Law Review
No abstract provided.
Protecting The Child Bride: Following Texas' Middle-Ground Approach, Wendy Ross
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
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
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, …
Meek Mill’S Trauma: Brutal Policing As An Adverse Childhood Experience, Todd J. Clark, Caleb Gregory Conrad, André Douglas Pond Cummings, Amy Dunn Johnson
Meek Mill’S Trauma: Brutal Policing As An Adverse Childhood Experience, Todd J. Clark, Caleb Gregory Conrad, André Douglas Pond Cummings, Amy Dunn Johnson
Faculty Scholarship
Meek Mill’s life and career have been punctuated by trauma, from his childhood lived on the streets of Philadelphia, through his rise to fame and eventual arrival as one of hip hop’s household names. his 2018 track "Trauma," Meek Mill describes, in revealing prose, just how the traumatic experiences he endured personally impacted and harmed him. He also embodies a role as narrator in describing the same traumas and harms that impact the daily lives of countless similarly situated young Black people in the United States. As a child, Mill’s lived experience was one of pervasive poverty and fear, as …
Mass Shootings, Mental "Illness," And Tarasoff, J. Thomas Sullivan
Mass Shootings, Mental "Illness," And Tarasoff, J. Thomas Sullivan
Faculty Scholarship
The continuing public attention focused on acts of mass violence, including mass shootings, has understandably created significant concerns over the ability to protect individuals from death and injury attributable to these acts. At least two generalized explanations for this kind of violence have been put forward, based on the nature of the acts and apparent motivation of the perpetrators, who are often killed in the process by themselves or law enforcement officers. Many acts of mass violence are committed by individuals confirmed to be terrorists, acting with political or religious-political motivations. Others are assumed to be committed by individuals acting …
Book Review Of Law In The Time Of Covid-19, Jessie Wallace Burchfield
Book Review Of Law In The Time Of Covid-19, Jessie Wallace Burchfield
Faculty Scholarship
No abstract provided.
A License To Plagiarize, Brian L. Frye
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
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.
Diagrammatics And The Proactive Visualization Of Legal Information, Michael D. Murray
Diagrammatics And The Proactive Visualization Of Legal Information, Michael D. Murray
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
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.
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.
Criminal Law—An Analysis Of The Scope Of Unlicensed Concealed Carry Of A Firearm In Arkansas Pursuant To Arkansas Code Annotated Section 5-73-120 As Amended By Act 746 Of 2013., Hannah Webb Howard
Criminal Law—An Analysis Of The Scope Of Unlicensed Concealed Carry Of A Firearm In Arkansas Pursuant To Arkansas Code Annotated Section 5-73-120 As Amended By Act 746 Of 2013., Hannah Webb Howard
University of Arkansas at Little Rock Law Review
No abstract provided.
One Of The Good Guys: The Making Of A Justice–Reflections On My First 94 Years, Jamal Greene
One Of The Good Guys: The Making Of A Justice–Reflections On My First 94 Years, Jamal Greene
The Journal of Appellate Practice and Process
No abstract provided.
“Remarkable Influence”: The Unexpected Importance Of Justice Scalia's Deceptively Unanimous And Contested Majority Opinions, Linda L. Berger, Eric C. Nystrom
“Remarkable Influence”: The Unexpected Importance Of Justice Scalia's Deceptively Unanimous And Contested Majority Opinions, Linda L. Berger, Eric C. Nystrom
The Journal of Appellate Practice and Process
No abstract provided.
The End Of An Era? Abolishing The Abstract Requirement For Arkansas Appellate Briefs, Jessie Wallace Burchfield
The End Of An Era? Abolishing The Abstract Requirement For Arkansas Appellate Briefs, Jessie Wallace Burchfield
The Journal of Appellate Practice and Process
No abstract provided.
The Robed Tweeter: Two Judges' Views On Public Engagement, Stephen Louis A. Dillard, Bridget Mary Mccormack
The Robed Tweeter: Two Judges' Views On Public Engagement, Stephen Louis A. Dillard, Bridget Mary Mccormack
The Journal of Appellate Practice and Process
No abstract provided.
May It Please The Court–Or Not: Appellate Judges' Preferences And Pet Peeves About Oral Argument, Margaret D. Mcgaughey
May It Please The Court–Or Not: Appellate Judges' Preferences And Pet Peeves About Oral Argument, Margaret D. Mcgaughey
The Journal of Appellate Practice and Process
No abstract provided.