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2007

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

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Articles 1 - 30 of 60

Full-Text Articles in Law

The Special Section, Nancy Bellhouse May Oct 2007

The Special Section, Nancy Bellhouse May

The Journal of Appellate Practice and Process

No abstract provided.


Preface: Bringing Light To The Halls Of Shadow, Richard J. Peltz Oct 2007

Preface: Bringing Light To The Halls Of Shadow, Richard J. Peltz

The Journal of Appellate Practice and Process

No abstract provided.


Twelve Prose Poems By Roger J. Traynor (With A Nod To Charles Baudelaire), Jon B. Eisenberg Oct 2007

Twelve Prose Poems By Roger J. Traynor (With A Nod To Charles Baudelaire), Jon B. Eisenberg

The Journal of Appellate Practice and Process

No abstract provided.


Scholarly Discourse And The Cementing Of Norms: The Case Of The Indian Supreme Court - And A Plea For Research, Jayanth K. Krishnan Oct 2007

Scholarly Discourse And The Cementing Of Norms: The Case Of The Indian Supreme Court - And A Plea For Research, Jayanth K. Krishnan

The Journal of Appellate Practice and Process

No abstract provided.


Horse-And-Buggy Dockets In The Internet Age, And The Travails Of A Courthouse Reporter, Lyle Denniston Oct 2007

Horse-And-Buggy Dockets In The Internet Age, And The Travails Of A Courthouse Reporter, Lyle Denniston

The Journal of Appellate Practice and Process

No abstract provided.


Some Reflections On Cameras In The Appellate Courtroom, Diarmuid F. O'Scannlain Oct 2007

Some Reflections On Cameras In The Appellate Courtroom, Diarmuid F. O'Scannlain

The Journal of Appellate Practice and Process

No abstract provided.


Technological Transparency: Appellate Court And Media Relations After Bush V. Gore, Robert Craig Waters Oct 2007

Technological Transparency: Appellate Court And Media Relations After Bush V. Gore, Robert Craig Waters

The Journal of Appellate Practice and Process

No abstract provided.


Five Ways Appellate Courts Can Help The News Media, Tony Mauro Oct 2007

Five Ways Appellate Courts Can Help The News Media, Tony Mauro

The Journal of Appellate Practice and Process

No abstract provided.


The Next Generation Of Legal Citations: A Survey Of Internet Citations In The Opinions Of The Washington Supreme Court And Washington Appellate Courts, 1999-2005, Tina S. Ching Oct 2007

The Next Generation Of Legal Citations: A Survey Of Internet Citations In The Opinions Of The Washington Supreme Court And Washington Appellate Courts, 1999-2005, Tina S. Ching

The Journal of Appellate Practice and Process

No abstract provided.


Religious Liberty That Almost Wasn't: On The Origin Of The Establishment Clause Of The First Amendment, Gregory C. Downs Oct 2007

Religious Liberty That Almost Wasn't: On The Origin Of The Establishment Clause Of The First Amendment, Gregory C. Downs

University of Arkansas at Little Rock Law Review

The purpose of this article is to briefly examine the origin of the Establishment Clause in the event sometimes referred to as the "Virginia Experience," and to consider the possibility that the significant "leading roles" in the First Amendment's creation were not limited to Jefferson and Madison. Further, Madison's leading role in the actual sponsorship of the First Amendment may not have been entirely voluntary. With the ever-present litigation and controversies revolving around the extent and meaning of the First Amendment's Establishment Clause, the overlooked history of the creation of the First Amendment is both interesting and instructive in the …


Certifying Questions To The Arkansas Supreme Court: A Practical Means For Federal Courts In Clarifying Arkansas State Law, Coby W. Logan Oct 2007

Certifying Questions To The Arkansas Supreme Court: A Practical Means For Federal Courts In Clarifying Arkansas State Law, Coby W. Logan

University of Arkansas at Little Rock Law Review

The purpose of this article is to raise awareness of the authority of federal courts to certify questions to the Arkansas Supreme Court and of some of the undeveloped legal issues surrounding the rule itself. The certification process, allowed under Arkansas Supreme Court Rule 6-8, is neither simple nor inexpensive, but it will most likely be less complicated and expensive than other alternatives available to a federal court and litigants involved in federal court litigation when a question of unclear Arkansas state law presents itself. Certification is treated as an appeal. Therefore, fees and costs are the same as in …


Constitutional Law—Campaign Finance Law & The First Amendment—Can You See The Light?: Illuminating Precedent And Creating A New Tier Of Judicial Scrutiny For Campaign Finance Laws. Randall V. Sorrell, 126 S. Ct. 2479 (2006)., Christopher A. Mcnulty Oct 2007

Constitutional Law—Campaign Finance Law & The First Amendment—Can You See The Light?: Illuminating Precedent And Creating A New Tier Of Judicial Scrutiny For Campaign Finance Laws. Randall V. Sorrell, 126 S. Ct. 2479 (2006)., Christopher A. Mcnulty

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—Equal Protection & Due Process—Is The Arkansas Supreme Court Abandoning Judicial Federalism?, Alexander Justiss Oct 2007

Constitutional Law—Equal Protection & Due Process—Is The Arkansas Supreme Court Abandoning Judicial Federalism?, Alexander Justiss

University of Arkansas at Little Rock Law Review

This note examines the history of judicial federalism by discussing the history of its use, as well as the analytical models that have been produced by its various adoptive jurisdictions. The development of these models has given courts much authority in determining the scope of individual rights within their respective jurisdictions. Further, a discussion follows that explores the criticisms directed at the use of such authority.

This note also examines the Arkansas Supreme Court's adoption and use of judicial federalism as a necessary safeguard against governmental infringements on individual rights, particularly those involving the right to privacy. Although such cases …


Invisible Actors: Genetic Testing And Genetic Discrimination In The Workplace, Susannah Carr Oct 2007

Invisible Actors: Genetic Testing And Genetic Discrimination In The Workplace, Susannah Carr

University of Arkansas at Little Rock Law Review

Current federal and state law is inadequate to protect employees from employer's misuse of their genetic information. Genetic information is knowledge of a person's genome that indicates a predisposition towards an illness, disease, or medical condition, where symptoms of the condition have yet to manifest themselves. Federal law protections are insufficient, and relevant state laws vary in their scope and application. Not only are employees unevenly protected across the United States, but varying standards also make complying with the law difficult for interstate employees.

To give employees sufficient protection and to facilitate employer compliance, Congress should pass a law specifically …


Constitutional & Property Law—Fourteenth Amendment Due Process Clause & Notice To Be Heard— It Felt So Right But Was All So Wrong: United States Supreme Court Rules Arkansas's Tax-Foreclosure Notice Procedure Fails To Satisfy Due Process Clause When Certified Mail Notice Returns "Unclaimed." Jones V. Flowers, 126 S. Ct. 1708 (2006)., Jenny Wilkes Robertson Oct 2007

Constitutional & Property Law—Fourteenth Amendment Due Process Clause & Notice To Be Heard— It Felt So Right But Was All So Wrong: United States Supreme Court Rules Arkansas's Tax-Foreclosure Notice Procedure Fails To Satisfy Due Process Clause When Certified Mail Notice Returns "Unclaimed." Jones V. Flowers, 126 S. Ct. 1708 (2006)., Jenny Wilkes Robertson

University of Arkansas at Little Rock Law Review

Local governments in the United States still rely on real property taxation as a dominant source of revenue. Rather than establish a clear, uniform model of tax collection, the federal government allows each state to develop its own form of governance, resulting in over 150 different tax collection systems within the United States. Unfortunately, not all property taxes are paid, and the county government must seize the delinquent taxpayer's property in order to fulfill the taxpayer's obligation. The Constitution requires the government to give the delinquent taxpayer notice of the pending action. Although recently it appears that the Supreme Court …


Why Arkansas Should Adopt The Revised Uniform Limited Liability Company Act, Carol R. Goforth Oct 2007

Why Arkansas Should Adopt The Revised Uniform Limited Liability Company Act, Carol R. Goforth

University of Arkansas at Little Rock Law Review

In 1993 "The Small Business Entity Tax Pass Through" Act for the first time authorized the organization of limited liability companies (LLCs) in Arkansas. This Act, which will be referred to in this article as the "Arkansas LLC Act" notwithstanding its unique actual name, has been subsequently amended more than once to remove some of the ambiguities created by the initial legislation.

In August 1994, the National Conference of Commissioners on Uniform State Laws (NCCUSL) promulgated a Uniform Limited Liability Company Act (ULLCA). Unfortunately for proponents of uniformity, the ULLCA was introduced after most states (including Arkansas) had already enacted …


The Help America Vote Act: Unmet Expectations?, Herbert E. Cihak Jul 2007

The Help America Vote Act: Unmet Expectations?, Herbert E. Cihak

University of Arkansas at Little Rock Law Review

No abstract provided.


Reinforcing The Formidable Arsenal: Restoration Of Purposeful Discrimination As A Basis For Denial Of Section 5 Preclearance Under The Fannie Lou Hamer, Rosa Parks, And Correta Scott King Voting Rights Act Reauthorization And Amendments Act Of 2006, Benjamin E. Griffith Jul 2007

Reinforcing The Formidable Arsenal: Restoration Of Purposeful Discrimination As A Basis For Denial Of Section 5 Preclearance Under The Fannie Lou Hamer, Rosa Parks, And Correta Scott King Voting Rights Act Reauthorization And Amendments Act Of 2006, Benjamin E. Griffith

University of Arkansas at Little Rock Law Review

No abstract provided.


Knowing Is Half The Battle: A Proposal For Prospective Performance Evaluations In Judicial Elections, Jordan M. Singer Jul 2007

Knowing Is Half The Battle: A Proposal For Prospective Performance Evaluations In Judicial Elections, Jordan M. Singer

University of Arkansas at Little Rock Law Review

No abstract provided.


On American Voter Confidence, R. Michael Alvarez, Thad E. Hall, Morgan Llewellyn Jul 2007

On American Voter Confidence, R. Michael Alvarez, Thad E. Hall, Morgan Llewellyn

University of Arkansas at Little Rock Law Review

No abstract provided.


Can The United States Voters Still Recruit Someone To Run For President As An Independent After The Identities Of The Major Party Presidential Candidates Are Know?, Richard Winger Jul 2007

Can The United States Voters Still Recruit Someone To Run For President As An Independent After The Identities Of The Major Party Presidential Candidates Are Know?, Richard Winger

University of Arkansas at Little Rock Law Review

No abstract provided.


An Election Night Memo To Candidates In Races Involving A Recount, John Hardin Young Jul 2007

An Election Night Memo To Candidates In Races Involving A Recount, John Hardin Young

University of Arkansas at Little Rock Law Review

No abstract provided.


Running To The Extremes: Evaluating The Polarization Of Contemporary Political Contests, Robert Steinbuch Jul 2007

Running To The Extremes: Evaluating The Polarization Of Contemporary Political Contests, Robert Steinbuch

University of Arkansas at Little Rock Law Review

No abstract provided.


Frying Pan Or Fire: Legal Fallout From The Contested 2000 Presidential Election, Paul Charton Jul 2007

Frying Pan Or Fire: Legal Fallout From The Contested 2000 Presidential Election, Paul Charton

University of Arkansas at Little Rock Law Review

No abstract provided.


A Modest Proposal For Regulating Unpublished, Non-Precedential Federal Appellate Opinions While Courts And Litigants Adapt To Federal Rule Of Appellate Procedure 32.1, Sarah E. Ricks Apr 2007

A Modest Proposal For Regulating Unpublished, Non-Precedential Federal Appellate Opinions While Courts And Litigants Adapt To Federal Rule Of Appellate Procedure 32.1, Sarah E. Ricks

The Journal of Appellate Practice and Process

No abstract provided.


Who We Are, Nancy Bellhouse May Apr 2007

Who We Are, Nancy Bellhouse May

The Journal of Appellate Practice and Process

No abstract provided.


When Is Oral Argument Important? A Judicial Clerk's View Of The Debate, Michael Duvall Apr 2007

When Is Oral Argument Important? A Judicial Clerk's View Of The Debate, Michael Duvall

The Journal of Appellate Practice and Process

No abstract provided.


Just A Matter Of Time? Video Cameras At The United States Supreme Court And The State Supreme Courts, Robert L. Brown Apr 2007

Just A Matter Of Time? Video Cameras At The United States Supreme Court And The State Supreme Courts, Robert L. Brown

The Journal of Appellate Practice and Process

No abstract provided.


A Mechanism For "Statutory Housekeeping": Appellate Courts Working With Congress, Robert A. Katzmann, Russell R. Wheeler Apr 2007

A Mechanism For "Statutory Housekeeping": Appellate Courts Working With Congress, Robert A. Katzmann, Russell R. Wheeler

The Journal of Appellate Practice and Process

No abstract provided.


Seeking Best Practices Among Intermediate Courts Of Appeal: A Nascent Journey, W. Warren H. Binford, Preston C. Greene, Maria C. Schmidlkofer Apr 2007

Seeking Best Practices Among Intermediate Courts Of Appeal: A Nascent Journey, W. Warren H. Binford, Preston C. Greene, Maria C. Schmidlkofer

The Journal of Appellate Practice and Process

No abstract provided.