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Articles 31 - 60 of 252
Full-Text Articles in Law
The Foreign Intelligence Surveillance Act And The Separation Of Powers, Scott A. Boykin
The Foreign Intelligence Surveillance Act And The Separation Of Powers, Scott A. Boykin
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Fourth Amendment—State V. Allen: An Effective Alternative To Unconstitutional "Safety Checks" On The State’S Waters, Christian Harrod
Constitutional Law—Fourth Amendment—State V. Allen: An Effective Alternative To Unconstitutional "Safety Checks" On The State’S Waters, Christian Harrod
University of Arkansas at Little Rock Law Review
No abstract provided.
George Washington. Elena Kagan, And The Town Of Greece, New York: The First Amendment And Religious Minorities, Kermit V. Lipez
George Washington. Elena Kagan, And The Town Of Greece, New York: The First Amendment And Religious Minorities, Kermit V. Lipez
The Journal of Appellate Practice and Process
No abstract provided.
Constitutional Law—Fifth Amendment And Takings—Courts And The Judicial Process Will Impede Orderly City Development By Limiting Local Governments’ Use Of Exactions In Development Planning. Koontz V. St. Johns River Water Management District, 133s. Ct. 2586 (2013)., Rebecca L. Matlock
University of Arkansas at Little Rock Law Review
No abstract provided.
Bias In Disguise: The Constitutional Problems Of Arkansas’S Intrastate Commerce Improvement Act, John M. A. Dipippa
Bias In Disguise: The Constitutional Problems Of Arkansas’S Intrastate Commerce Improvement Act, John M. A. Dipippa
University of Arkansas at Little Rock Law Review
No abstract provided.
The (Un?)Constitutionality Of Compelling Non-Immunized Testimony In Deceptive Trade Practices Investigations Conducted By The Attorney General Of The State Of Arkansas, Terrence Cain
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Shooting Blanks: Smart Gun Mandates And Their Concomitant Constitutional, Regulatory, Public Policy, And Practical Issues, William F. Godbold Iv
Constitutional Law—Shooting Blanks: Smart Gun Mandates And Their Concomitant Constitutional, Regulatory, Public Policy, And Practical Issues, William F. Godbold Iv
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Unauthorized Practice Of Law: Driving Legal Business Without A License, Legalzoom, Inc., And Campbell V. Asbury Automotive, Inc., 2011 Ark. 157, 381 S.W.3d 21., Pierce G. Hunter
University of Arkansas at Little Rock Law Review
No abstract provided.
Nearing Thirty Years: The Burger Court, Strickland V. Washington, And The Parameters Of The Right To Counsel, Joshua Kastenberg
Nearing Thirty Years: The Burger Court, Strickland V. Washington, And The Parameters Of The Right To Counsel, Joshua Kastenberg
The Journal of Appellate Practice and Process
No abstract provided.
Education—Student-Teacher Relationship—Should Teachers Be Held To A Higher Standard? Understanding The Laws Governing Sexual Relationships Between Students And Teachers In Primary And Secondary Schools Paschal V. State, 2012 Ark. 127, 388 S.W.3d 429., Katelyn Burch Busby
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—First Amendment—Social Media Rams The Tinker Schoolhouse Gate: A New Approach For Online Student Speech, S. Kate Fletcher
Constitutional Law—First Amendment—Social Media Rams The Tinker Schoolhouse Gate: A New Approach For Online Student Speech, S. Kate Fletcher
University of Arkansas at Little Rock Law Review
No abstract provided.
The Con Law Professor With Judicial Appointment Power, Theresa M. Beiner
The Con Law Professor With Judicial Appointment Power, Theresa M. Beiner
The Journal of Appellate Practice and Process
No abstract provided.
The Patient Protection And Affordable Care Act: A Constitutional Analysis, David C. Jung
The Patient Protection And Affordable Care Act: A Constitutional Analysis, David C. Jung
University of Arkansas at Little Rock Law Review
No abstract provided.
Avoiding The Unavoidable: The Canon Of Constitutional Avoidance As Applied To The Patient Protection And Affordable Care Act, T. J. Fosko
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Sixth Amendment—Braving Confrontation: Arkansas’S Progressive Position Regarding Criminal Defendants’ Confrontation Rights At Sentencing, Cassie R. Howell
Constitutional Law—Sixth Amendment—Braving Confrontation: Arkansas’S Progressive Position Regarding Criminal Defendants’ Confrontation Rights At Sentencing, Cassie R. Howell
University of Arkansas at Little Rock Law Review
No abstract provided.
Breaking Down The Supreme Court’S Spending Clause Ruling In Nfib V. Sebelius: A Huge Blow To The Federal Government Or A Mere Bump In The Road?, Ellen K. Howard
Breaking Down The Supreme Court’S Spending Clause Ruling In Nfib V. Sebelius: A Huge Blow To The Federal Government Or A Mere Bump In The Road?, Ellen K. Howard
University of Arkansas at Little Rock Law Review
No abstract provided.
Let Them Eat . . . Broccoli?, Josie G. Richardson
Let Them Eat . . . Broccoli?, Josie G. Richardson
University of Arkansas at Little Rock Law Review
No abstract provided.
Brady, Arkansas Rule 17.1, And Disclosure Of Scientific Evidence And Expert Opinion, J. Thomas Sullivan
Brady, Arkansas Rule 17.1, And Disclosure Of Scientific Evidence And Expert Opinion, J. Thomas Sullivan
University of Arkansas at Little Rock Law Review
The United States Constitution as well as state procedural rules require prosecutorial authorities to disclose evidence to the defense as a means for ensuring fairness in the prosecution of individuals charged with criminal offenses. When prosecutorial authorities fail to disclose evidence as required, the integrity of the criminal justice system is threatened and the defense is unable to adequately prepare for trial. This threat is illustrated and magnified by the substantiation of prosecutorial misconduct claims in high profile trials where prosecutors have been unable to resist the temptation not to disclose evidence that could damage the prosecution's case, or, where …
The Rise And Demise Of The Absolute Dominion Doctrine For Groundwater, Joseph W. Dellapenna
The Rise And Demise Of The Absolute Dominion Doctrine For Groundwater, Joseph W. Dellapenna
University of Arkansas at Little Rock Law Review
Increased human populations, together with increased per capita water usage and climate changes, have resulted in our planet coping with greater water shortages than ever before. Groundwater has played, and will continue to play, a critical role in dealing with water shortages. Consequently, more and more attention, legal and otherwise, is being given to groundwater across the United States.
Much legal confusion about groundwater exists. For starters, there is no single legal definition for groundwater. Moreover, the law has developed legal categories such as percolating water and underground streams which, while contradictory to scientific hydrology, remain embedded in the law. …
Family Law's Challenge To Religious Liberty, Raymond C. O'Brien
Family Law's Challenge To Religious Liberty, Raymond C. O'Brien
University of Arkansas at Little Rock Law Review
Over time, the definition of family has shifted from being premised upon kinship to legal status. In modern times, family structure is based more upon function than form, seeking to derive its status as a family from the subjective intent of its members to act as a family. Many early settlers in the colonial territories came to America to escape religious persecution and practice their own religion.
For that reason, biblical language and religious doctrine formed the basis for common law, statutes, and practice. Today, there remains the notion among many Americans that the law represents a divine plan and …
Constitutional Law—First Amendment And Freedom Of Speech—The Constitutionality Of Arkansas’S Prohibition On Political Robocalls, Caleb J. Norris
Constitutional Law—First Amendment And Freedom Of Speech—The Constitutionality Of Arkansas’S Prohibition On Political Robocalls, Caleb J. Norris
University of Arkansas at Little Rock Law Review
The note first discusses the pros and cons of robocalls, concluding that certain restrictions on robocalls are desirable. Next, the note examines current constitutional case law governing the issue. Thereafter, the note illustrates how Arkansas's regulation on political robocalls would fail a First Amendment challenge as currently written. Accordingly, the note proposes a revision to the robocall statute that would most likely allow it to pass constitutional review.
The note concludes that the burdens resulting from robocalls are placed upon robocall recipients, opposing political campaigns (especially those that determine not to use them under current law), and unrelated third parties. …
Privacy For Social Networking, Connie Davis Powell
Privacy For Social Networking, Connie Davis Powell
University of Arkansas at Little Rock Law Review
This article begins by considering the emergence of social networks as a major medium of communication and posits that the success of social networks is attributable to their users' willingness to share their information. Next, the article considers the expectation of privacy for users of social networks and whether such expectation is reasonable. In particular, the article discusses the privacy policies and legal terms governing the use of social networks, and tracks the evolution of such terms and policies as they slowly whittle away user control over time. The article then discusses public outcry regarding the disclosure of information contrary …
Beyond Citizens United, John Paul Stevens
Beyond Citizens United, John Paul Stevens
The Journal of Appellate Practice and Process
No abstract provided.
The Slow Wheels Of Furman's Machinery Of Death, Brent E. Newton
The Slow Wheels Of Furman's Machinery Of Death, Brent E. Newton
The Journal of Appellate Practice and Process
No abstract provided.
A Sober Second Thought, Andrew H. Schapiro
A Sober Second Thought, Andrew H. Schapiro
The Journal of Appellate Practice and Process
No abstract provided.
Constitutional Law—It Wasn’T Me! Zinger V. State And Arkansas’S Unconstitutional Approach To Third-Party Exculpatory Evidence. Zinger V. State, 313 Ark. 70, 852 S.W.2d 320 (1993)., Bourgon B. Reynolds
Constitutional Law—It Wasn’T Me! Zinger V. State And Arkansas’S Unconstitutional Approach To Third-Party Exculpatory Evidence. Zinger V. State, 313 Ark. 70, 852 S.W.2d 320 (1993)., Bourgon B. Reynolds
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law - First Amendment - Shield Or Spotlight - Doe V. Reed And The First Amendment's Application To Petitioners And Disclosure Requirements In The Citizen Lawmaking Process, Clark Jennings
University of Arkansas at Little Rock Law Review
No abstract provided.
The Absence Of Penological Rationale In The Restrictions On The Rights Of Incarcerated Women, Thomas M. Blumenthal, Kelly M. Brunie
The Absence Of Penological Rationale In The Restrictions On The Rights Of Incarcerated Women, Thomas M. Blumenthal, Kelly M. Brunie
University of Arkansas at Little Rock Law Review
No abstract provided.
Unshackling Shawanna: The Battle Over Chaining Women Prisoners During Labor And Delivery, Elizabeth Alexander
Unshackling Shawanna: The Battle Over Chaining Women Prisoners During Labor And Delivery, Elizabeth Alexander
University of Arkansas at Little Rock Law Review
No abstract provided.
Employment Discrimination - In Vitro Fertilization And The Pregnancy Discrimination Act Of 1978: How Far Can The Courts Expand The Coverage Of The Pda To Protect Reproductive Technology, Justin A. Hinton
University of Arkansas at Little Rock Law Review
No abstract provided.