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Articles 1 - 10 of 10
Full-Text Articles in Law
Kidfluencers: New Child Stars In Need Of Protection, Mikayla B. Jayroe
Kidfluencers: New Child Stars In Need Of Protection, Mikayla B. Jayroe
Arkansas Law Review
Despite the explosive growth of social media and various lobbying efforts, the legal system has fallen woefully behind in extending labor protections to children engaged in social media production. This Comment will offer a solution to the current gray area surrounding kidfluencers and the lack of protections they are afforded. First, this Comment will discuss the emergence and growth of the kidfluencer industry and explore the legal history of child labor laws in the United States, specifically evaluating protections historically provided to child actors. Second, this Comment will explain why posts by kidfluencers should be considered work, explore the harms …
Design Professional Liability For Construction Worksite Accidents - How Arkansas Led The Way To A National Consensus, Marc M. Schneier
Design Professional Liability For Construction Worksite Accidents - How Arkansas Led The Way To A National Consensus, Marc M. Schneier
Arkansas Law Review
Three major developments underlie the law of architect or engineer (a/e) liability to construction workers, beginning in the second half of the twentieth century: (1) a change from a no-duty regime to a duty of care under a foreseeability test, (2) reactions to that expanded liability by changes to standard form documents by industry associations (in particular the American Institute of Architects (AIA)), (3) currently culminating in a broad national consensus. The Arkansas Supreme Court was instrumental in framing the issues of this jurisprudence early in its development and later contributed to its continued evolution.
Construction Law: The English Route To Modern Construction Law, Vivian Ramsey
Construction Law: The English Route To Modern Construction Law, Vivian Ramsey
Arkansas Law Review
In this Article, I will look at the way that construction law has developed in the English common law world from its roots in the law of England and Wales. Whilst common law traditions are now applied to many jurisdictions, the number of jurisdictions in which English precedents are binding is now small. But, in many common law jurisdictions decisions of the English courts are still treated as “persuasive.” English decisions in the field of construction law have an extensive reach in terms of their persuasiveness. First, having a long-established court system, including a specialist court for 150 years, has …
Recent Developments, Peyton Hildebrand
Recent Developments, Peyton Hildebrand
Arkansas Law Review
The Eighth Circuit upheld preliminary injunctive relief in favor of the plaintiffs who challenged Arkansas's anti-loitering law for violating their free speech rights. Though Arkansas claimed that it would not enforce the anti-loitering statute against "'polite' and 'courteous' beggars like [plaintiffs]," because the law's plain language applied to the plaintiffs' intended activities, they had an objectively reasonable fear of prosecution.' Thus, they had a constitutional injury as required for standing.
An Af(Fur)Mative Defense: Using Intellecutal Property As A Defense To Employment Discrimination In Mascot Hiring, Taylor Farr
An Af(Fur)Mative Defense: Using Intellecutal Property As A Defense To Employment Discrimination In Mascot Hiring, Taylor Farr
Arkansas Law Review
"Until a character becomes a personality, it cannot be believed. Without personality, the character may do funny or interesting things, but unless people are able to identify themselves with the character, its actions seem unreal. And without personality, a story cannot ring true to the audience." Walt Disney1 Mascots 2 are different animals. They bring some of our favorite characters from screens, packages, and comic book pages to life. Moreover, mascots serve a particularly important role on university campuses, offering a point of communal continuity3 amid inevitable organizational changes. Although university buildings, athletes, faculty, and staff will eventually change, a …
The Therapist Can't See You Now: How Paid Sick Leave Policy Can Accommodate Mental Illness In The Workplace, Maddy Goss
The Therapist Can't See You Now: How Paid Sick Leave Policy Can Accommodate Mental Illness In The Workplace, Maddy Goss
Arkansas Law Review
Restaurants have become the “poster child” for why employers should adopt paid sick leave. Advocates suggest that employees without access to paid sick leave often show up to work ill due to their inability to sacrifice pay. Clever protest signs read, “No Boogers in my Burger” and “No Coughing in my Coffee.” Any rational customer would not appreciate the thought of a flu-ridden chef assembling their main course. However, the benefits of paid leave legislation and policies go beyond protecting cheeseburgers from flu germs. Just as employees with the flu require time off for medical attention, employees with mental illness …
Recent Developments, Raelynn J. Hillhouse
Admission Of Deaf Soldiers To The Military: Rethinking The "Undifferentiated Soldier" Paradigm, Michael Schwartz
Admission Of Deaf Soldiers To The Military: Rethinking The "Undifferentiated Soldier" Paradigm, Michael Schwartz
Arkansas Law Review
Keith Nolan, a deaf man with undergraduate and graduate degrees, asked to be admitted to military training to become a uniformed American soldier. The military said no, and the issue was joined. Nolan’s application presents the Department of Defense (DOD) with an opportunity to reconsider its historical bar to people who are deaf. The Article suggests a new paradigm in thinking about the selection criteria used to screen out deaf applicants for military service, a paradigm rooted in a disability studies framework. With a few exceptions in the Civil War, the United States armed forces have barred people with disabilities, …
Moral Context And Risks Of Death, Dov Waisman
Moral Context And Risks Of Death, Dov Waisman
Arkansas Law Review
When an industry poses a risk of premature death to consumers, workers, or others, regulatory agencies employ a figure known as the “value of a statistical life” (VSL) to monetize the life-saving benefit of regulations designed to reduce that risk. Use of the VSL, which currently hovers around $9 million, has been highly controversial. While a number of prominent scholars have vigorously endorsed the VSL as necessary to the cost-benefit analysis of mortality risk regulations, other prominent scholars have vehemently rejected the very idea of attaching a monetary value to a statistical human life. This article stakes out a novel …
Employment By Design: Employees, Independent Contractors And The Theory Of The Firm, Richard R. Carlson
Employment By Design: Employees, Independent Contractors And The Theory Of The Firm, Richard R. Carlson
Arkansas Law Review
Employment laws protect “employees” and impose duties on their “employers.” In the modern working world, however, “employee” and “employer” status is not always clear. The status of some workers and the firms they serve can be ambiguous, especially when the workers work as individuals not organized as firms. Individual workers might be “employees,” but they might also be self-employed individuals working as “independent contractors.” Even if it is clear that workers are someone’s “employees,” the identity of the employer can be unclear. If one firm pays “employees” to work mainly or exclusively for another firm that pays the first firm …