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Journal

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

2020

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Articles 1 - 30 of 31

Full-Text Articles in Law

Fulton V. City Of Philadelphia, And The Rights Of Faith-Based Adoption And Foster Care Agencies, William G. Mcgrath Dec 2020

Fulton V. City Of Philadelphia, And The Rights Of Faith-Based Adoption And Foster Care Agencies, William G. Mcgrath

The Arkansas Journal of Social Change and Public Service

No abstract provided.


Business Law–Corporate Purpose And Benefit Corporations–Making Benefit Corporation Legislation Work For Socially Minded Investors, Cody Mckinney Dec 2020

Business Law–Corporate Purpose And Benefit Corporations–Making Benefit Corporation Legislation Work For Socially Minded Investors, Cody Mckinney

The Arkansas Journal of Social Change and Public Service

No abstract provided.


Covid-19’S Complications For Family Law Counsel: Domestic Violence And Threats To The Well-Being Of Children, J. Thomas Sullivan Dec 2020

Covid-19’S Complications For Family Law Counsel: Domestic Violence And Threats To The Well-Being Of Children, J. Thomas Sullivan

The Arkansas Journal of Social Change and Public Service

No abstract provided.


Till Death Do Us Part: The Legal Remedies Of Sexual Assault In Marriage - Or Lack Thereof, Kaylyn Presley Dec 2020

Till Death Do Us Part: The Legal Remedies Of Sexual Assault In Marriage - Or Lack Thereof, Kaylyn Presley

The Arkansas Journal of Social Change and Public Service

No abstract provided.


New Contexts And Special Factors: The Court’S New Bivens Framework, Alexander J. Lindvall Oct 2020

New Contexts And Special Factors: The Court’S New Bivens Framework, Alexander J. Lindvall

University of Arkansas at Little Rock Law Review

No abstract provided.


Up In Smoke: Bankruptcy And Cannabis, Peter C. Alexander Oct 2020

Up In Smoke: Bankruptcy And Cannabis, Peter C. Alexander

University of Arkansas at Little Rock Law Review

No abstract provided.


Moving The Needle: Two Promising Tools To Attack Arkansas’S Racial Disparity In Criminal Sentencing, Anastasia M. Boles Oct 2020

Moving The Needle: Two Promising Tools To Attack Arkansas’S Racial Disparity In Criminal Sentencing, Anastasia M. Boles

University of Arkansas at Little Rock Law Review

No abstract provided.


Civil Rights Law—Questioning Mcdonnell Douglas? #Metoo.: Resolving The Mcdonnell Douglas Mixed-Motive Question By Adopting The Sixth Circuit’S Preference For Hearing Victims, Laura O’Hara Oct 2020

Civil Rights Law—Questioning Mcdonnell Douglas? #Metoo.: Resolving The Mcdonnell Douglas Mixed-Motive Question By Adopting The Sixth Circuit’S Preference For Hearing Victims, Laura O’Hara

University of Arkansas at Little Rock Law Review

No abstract provided.


Family Law—Breach Baby: An Argument For Equal Enforcement Of Traditional And Gestational Surrogacy Contracts, James M. Gift Oct 2020

Family Law—Breach Baby: An Argument For Equal Enforcement Of Traditional And Gestational Surrogacy Contracts, James M. Gift

University of Arkansas at Little Rock Law Review

No abstract provided.


Eradicating The School-To-Prison Pipeline Through A Comprehensive Approach To School Equity, Morgan Craven, Paula Johnson, Terrence Wilson Jul 2020

Eradicating The School-To-Prison Pipeline Through A Comprehensive Approach To School Equity, Morgan Craven, Paula Johnson, Terrence Wilson

University of Arkansas at Little Rock Law Review

When examining the school-to-prison pipeline, most focus on issues of exclusionary discipline, the presence of police in schools, or the use of intrusive surveillance and monitoring systems. To close the pipeline, agencies, educators, and advocates must also examine other, broader factors that contribute to educational inequities. We argue in this article that eradicating the school-to-prison pipeline involves tackling the legal structures, policies, practices, and beliefs that create harmful discipline systems and other linked inequitable systems. With Arkansas schools as our illustration, we explain how inequities in discipline, funding, and school accountability create a situation primed to send students into the …


Overcoming Barriers To School Reentry For Youth Leaving Juvenile Justice Facilities, Sarah Beebe, Dustin Rynders Jul 2020

Overcoming Barriers To School Reentry For Youth Leaving Juvenile Justice Facilities, Sarah Beebe, Dustin Rynders

University of Arkansas at Little Rock Law Review

No abstract provided.


Toward The End Of School Policing In Texas And Arkansas, Andrew R. Hairston Jul 2020

Toward The End Of School Policing In Texas And Arkansas, Andrew R. Hairston

University of Arkansas at Little Rock Law Review

No abstract provided.


Making The Case For School-And-Neighborhood Desegregation Approach To Deconstructing The School-To-Prison Pipeline, Deborah Fowler, Madison Sloan, Ellen Stone Jul 2020

Making The Case For School-And-Neighborhood Desegregation Approach To Deconstructing The School-To-Prison Pipeline, Deborah Fowler, Madison Sloan, Ellen Stone

University of Arkansas at Little Rock Law Review

No abstract provided.


The Ripples Of Backlash: Same-Sex Marriage, The Election Of 2004, And The Evolution Of Constitutional Law, Earl M. Maltz Apr 2020

The Ripples Of Backlash: Same-Sex Marriage, The Election Of 2004, And The Evolution Of Constitutional Law, Earl M. Maltz

University of Arkansas at Little Rock Law Review

The significance of the events of 2016 for the future development of constitutional law has been widely discussed in both scholarly commentaries and the popular press. After the death of Justice Antonin Scalia early in that year, many progressives looked forward hopefully to the prospect of regaining control of the Supreme Court for the first time in almost fifty years. However, after the Senate refused to consider Barack Obama’s nomination of Merrick Garland to replace Justice Scalia, the surprise victory of Donald Trump in the presidential election led instead to further consolidation of the conservative dominance of the Court. Unlike …


Anatomy Of A Failure: The War Powers Resolution As Law On The Books And Law In Action, Luis Leon Arzich Apr 2020

Anatomy Of A Failure: The War Powers Resolution As Law On The Books And Law In Action, Luis Leon Arzich

University of Arkansas at Little Rock Law Review

No abstract provided.


Contract Law—Arkansas’S Un-American Approach To Attorney’S Fees For Breach Of Contract, Michael J. Berry Apr 2020

Contract Law—Arkansas’S Un-American Approach To Attorney’S Fees For Breach Of Contract, Michael J. Berry

University of Arkansas at Little Rock Law Review

No abstract provided.


A Ticket To Jail: Do Minor Traffic Violations Result In Jail Time For Poor Arkansans?, Jessie Wallace Burchfield Apr 2020

A Ticket To Jail: Do Minor Traffic Violations Result In Jail Time For Poor Arkansans?, Jessie Wallace Burchfield

University of Arkansas at Little Rock Law Review

No abstract provided.


Property Law—Tax Increment Financing—A Case For Bringing Tif Back To The State Of Arkansas, Tucker M. Brackins Apr 2020

Property Law—Tax Increment Financing—A Case For Bringing Tif Back To The State Of Arkansas, Tucker M. Brackins

University of Arkansas at Little Rock Law Review

No abstract provided.


Is It Time For Arkansas To Consider Pretrial Reform?, Judge Cindy Grace Thyer Apr 2020

Is It Time For Arkansas To Consider Pretrial Reform?, Judge Cindy Grace Thyer

University of Arkansas at Little Rock Law Review

Approximately two-thirds of the national jail population consists of pretrial detainees––people who are constitutionally presumed innocent of the charges they are facing. Many, if not most, of these individuals are incarcerated because they are unable to post money bail. This article explores some of the complexities of pretrial release/detention reform. It begins with the history of bail from its early use in England through its grounding in each American state’s constitution, with special emphasis upon the reforms that have occurred in the American system of pretrial release since the 1920s. Drawing on information and experiences from states across the nation, …


Four Pathways Of Undermining Board Of Trustees Of The University Of Alabama V. Garrett, Derek Warden Apr 2020

Four Pathways Of Undermining Board Of Trustees Of The University Of Alabama V. Garrett, Derek Warden

University of Arkansas at Little Rock Law Review

In Board of Trustees of the University of Alabama v. Garrett, the Supreme Court held that Title I of the ADA did not validly abrogate state sovereign immunity; and as such, a plaintiff could not obtain damages against the states or sue the states directly for injunctive relief. Many courts and scholars have read Garrett as sounding the death knell for ADA Title I government employee plaintiffs. This article shows that such fears are misplaced. Indeed, this article offers four pathways around Garrett that show Title I and its requirements are very much alive and well. First, the article shows …


Disappearing Act: Arkansas’S Circularly-Defined Default, Judge Victor A. Fleming Apr 2020

Disappearing Act: Arkansas’S Circularly-Defined Default, Judge Victor A. Fleming

University of Arkansas at Little Rock Law Review

No abstract provided.


Whether Narcotics Discovered In A Trash Pull, Standing Alone, Can Form Probable Cause To Search A Home, Jackson Jones Jan 2020

Whether Narcotics Discovered In A Trash Pull, Standing Alone, Can Form Probable Cause To Search A Home, Jackson Jones

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—Preserving Dignity: The Due Process Restriction On Shackling Criminal Defendants Should Also Apply To Non-Jury Proceedings, Shelby Shelton Jan 2020

Constitutional Law—Preserving Dignity: The Due Process Restriction On Shackling Criminal Defendants Should Also Apply To Non-Jury Proceedings, Shelby Shelton

University of Arkansas at Little Rock Law Review

No abstract provided.


Criminal Law—The Call For An Adequate Remedy: The Lack Of Deterrence And Judicial Consequences For Prosecutors Who Habitually Violate Batson, Altimease Lowe Jan 2020

Criminal Law—The Call For An Adequate Remedy: The Lack Of Deterrence And Judicial Consequences For Prosecutors Who Habitually Violate Batson, Altimease Lowe

University of Arkansas at Little Rock Law Review

No abstract provided.


Section 230 Immunity: How The Trump Era Has Exposed The Current Conflict Between The First Amendment And The Good Samaritan Clause In The Modern Public Square, Brandon Salter, Dhillon Ramkhelawn Jan 2020

Section 230 Immunity: How The Trump Era Has Exposed The Current Conflict Between The First Amendment And The Good Samaritan Clause In The Modern Public Square, Brandon Salter, Dhillon Ramkhelawn

University of Arkansas at Little Rock Law Review

No abstract provided.


The 21st Century Cowboy: Robots On The Range, Henry H. Perritt Jr. Jan 2020

The 21st Century Cowboy: Robots On The Range, Henry H. Perritt Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.


Civil Rights—Answering The “Million Dollar” Question: The Meaning Of “Sex” For The Purposes Of Title Ix, Title Vii, And The Equal Protection Clause, And Its Impact On Transgender Students’ Membership In Fraternal Organizations, Jacob Wickliffe Jan 2020

Civil Rights—Answering The “Million Dollar” Question: The Meaning Of “Sex” For The Purposes Of Title Ix, Title Vii, And The Equal Protection Clause, And Its Impact On Transgender Students’ Membership In Fraternal Organizations, Jacob Wickliffe

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—The Erosion Of Political Anonymity And Its Chilling Effect On Freedom Of Association: Reconsidering The Constitutionality Of The Mandated Public Disclosure Of Individuals’ Political Donations, Scout Snowden Jan 2020

Constitutional Law—The Erosion Of Political Anonymity And Its Chilling Effect On Freedom Of Association: Reconsidering The Constitutionality Of The Mandated Public Disclosure Of Individuals’ Political Donations, Scout Snowden

University of Arkansas at Little Rock Law Review

No abstract provided.


Probate Law—A New Guardian Angle: A Proposed Change To Arkansas’S Public Policy On Guardianship For Individuals With Intellectual Disabilities, Gabrielle Davis-Jones Jan 2020

Probate Law—A New Guardian Angle: A Proposed Change To Arkansas’S Public Policy On Guardianship For Individuals With Intellectual Disabilities, Gabrielle Davis-Jones

University of Arkansas at Little Rock Law Review

No abstract provided.


Document Review: You’Re Doing It Wrong Cognitive Psychology And The Attorney’S Mental Plate, Robert Keeling Jan 2020

Document Review: You’Re Doing It Wrong Cognitive Psychology And The Attorney’S Mental Plate, Robert Keeling

University of Arkansas at Little Rock Law Review

No abstract provided.