Law Commons^™

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

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

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

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

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

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

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

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

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

University of Arkansas at Little Rock Law Review

No abstract provided.

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

University of Arkansas at Little Rock Law Review

No abstract provided.

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

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

University of Arkansas at Little Rock Law Review

No abstract provided.

Employment Law—Title Vii And The Anti-Retaliation Provision—Beyond Employment And The Workplace: The United States Supreme Court Resolves The Split And Shifts The Balance. Burlington Northern & Santa Fe Co. V. White, 126 S. Ct. 2405 (2006)., Kaylin Redman Hart

University of Arkansas at Little Rock Law Review

In its recent decision in Burlington Northern & Santa Fe Co. v. White, the Supreme Court resolved the split along the federal circuit courts by extending Title VII's anti-retaliation provision to retaliatory acts and harms that are unrelated to employment or that occur outside of the workplace. The Court limited its holding by concluding that Title VII prohibits only those employer actions that would "dissuade a reasonable worker from making or supporting a charge of discrimination." This note examines the significance of the Supreme Court's decision in Burlington Northern & Santa Fe Co. v. White to employers and employees in …

Antitrust—Robinson-Patman Act—No Salt Added: The Supreme Court Promotes Healthy Competition By Taking The Salt Out Of The Robinson-Patman Act. Volvo V. Reeder-Simco, 126 S. Ct. 860 (2006)., James Paul Purnell

University of Arkansas at Little Rock Law Review

Arkansas's current path in nursing-home regulation is leading to the destruction of its nursing-home system. In particular, the Arkansas Resident's Rights Statute favors plaintiffs and allows for high damage awards. The statute's civil enforcement provision lacks guidelines for the application of the statute or the award of damages. In February of 2006, the Arkansas Supreme Court decided Health Facilities Management Corp. v. Hughes, a nursing home case concerning the Arkansas Resident's Rights Statute. The court's decision on the issue of liability under the statute was well-reasoned and stayed faithful to the goals of the statute, encouraging nursing-home licensees to live …

Vacatur Of Arbitration Awards: The Poor Loser Problem Or Loser Pays?, Stanley A. Leasure

University of Arkansas at Little Rock Law Review

In B. L. Harbert International, LLC. v. Hercules Steel Co., decided in February 2006, the Eleventh Circuit Court of Appeals took the opportunity to express its "exasperation" with the growing tendency of losing parties in arbitration disputes to take a "never-say-die attitude" in the pursuit of vacatur of arbitral decisions "without any real legal basis for doing so" and its concern for the concomitant threat to the underlying purposes of the Federal Arbitration Act (FAA).

Applying the Harbert "any real legal basis" requirement raises several concerns that can be assuaged only by courts' commitment to focus on balancing following two …

Dying Like Men, Falling Like Princes: Reflections On The War On Terror, Edward Rial Armstrong

University of Arkansas at Little Rock Law Review

The attacks of September 11, 2001 brought home the point that even a mighty nation like ours is vulnerable to injury, and that even a goliath can sometimes be dealt a serious blow by a much smaller opponent. Faced with a world in which individuals can wield incredible destructive power and in which economic weakness can cause an empire to collapse despite its military might, what types of policies and laws should we adopt to confront these realities? In particular, what types of laws and policies should we adopt to deal with the threat of terrorism? This article proceeds on …

Review Of Raymond C. O'Brien & Michael T. Flannery, Decedents' Estates: Cases And Materials (2006), Gerry W. Berry

University of Arkansas at Little Rock Law Review

No abstract provided.

Health Law—The Arkansas Resident's Rights Statute And Civil Enforcement—Cutting Off Its Nose To Spite Its Face: How The Arkansas Resident's Right Statute Is Defeating Its Purpose Of Improving Quality Of Care To Nursing Home Residents By Crippling The Nursing Homes Themselves. Health Facilities Management Corp. V. Hughes, No. 05-90, 2006 Ark. Lexis 122 (Feb. 9, 2006)., Carol Elizabeth Nixon

University of Arkansas at Little Rock Law Review

Arkansas's current path in nursing-home regulation is leading to the destruction of its nursing-home system. In particular, the Arkansas Resident's Rights Statute favors plaintiffs and allows for high damage awards. The statute's civil enforcement provision lacks guidelines for the application of the statute or the award of damages. In February of 2006, the Arkansas Supreme Court decided Health Facilities Management Corp. v. Hughes, a nursing home case concerning the Arkansas Resident's Rights Statute. The court's decision on the issue of liability under the statute was well-reasoned and stayed faithful to the goals of the statute, encouraging nursing-home licensees to live …

Fifty-One Flowers: Post-Perpetuities War Law And Arkansas' Adoption Of Usrp, Lynn Foster

University of Arkansas at Little Rock Law Review

This article traces the Rules Against Perpetuities' history, from its creation until the present, and discusses the reasons both for its existence and its decline, along with the rise of perpetual trusts. The article also provides the current status of the Rule in the states, which has continued to evolve. Part III of this article explains how the common law Rule works, and it discusses pre-Uniform Statutory Rule Against Perpetuities (USRAP) perpetuities law in Arkansas. Arkansas's constitution forbids perpetuities.

The Arkansas Supreme Court has interpreted this constitutional provision to mean that the common law Rule is law in Arkansas. Nonetheless, …

The Value Of Incumbency: A Law And Economics Interpretation Of Primary Challenges, Robert Steinbuch

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—Fourth Amendment And Search And Seizure—Introducing The Supreme Court's New And Improved Summers Detention: Now Equipped With Handcuffing And Questioning! Muehler V. Mena, 544 U.S. 93 (2005), Ryan J. Caststeel

University of Arkansas at Little Rock Law Review

This note explores the United States Supreme Court's recent decision in Muehler v. Mena that extended the holding in Michigan v. Summers that allows police officers to handcuff and question occupants of a house who are lawfully being detained during the execution of a valid search warrant. First, the note examines the facts behind the Mena case itself. Second, the note explores the historical developments in Fourth Amendments jurisprudence that led up to the Mena decision. This section of the note focuses on the following five main topics: (1) the creation of the Fourth Amendment; (2) the evolution of the …

Resolving The Circuit Split On Standing In False Advertising Claims And Incorporation Of Prudential Standing In State Deceptive Trade Practices Law: The Quest For Optimal Levels Of Accurate Information In The Marketplace, Kevin M. Lemley

University of Arkansas at Little Rock Law Review

This article has two significant goals. First, it addresses the circuit split on the proper test for standing in false advertising claims under section 43 (a) of the Lanham Act. With slight modification, courts should adopt the reasonable interest test as articulated in two recent opinions authored by Justice Alito while he was sitting on the Third Circuit of Appeals, Second, this article proposes similar prudential standing considerations, along with proposed legislative amendments, for state deceptive trade laws. This section of the article focuses primarily on Arkansas law, but the proposals set forth can be applied to other jurisdictions. The …

Well, Now, Ain't That Just Fugacious!: A Basic Primer On Arkansas Oil And Gas Law, Thomas A. Daily, W. Christopher Barrier

University of Arkansas at Little Rock Law Review

This brief introduction about oil and gas law in Arkansas is intended to help lawyers to better serve their clients and to explore the most important issues and concepts of a complex area of the law. This introduction into oil and gas involves the following: unfamiliar definitions; familiar words that are peculiar to this area of the law; new legal doctrines that are also peculiar to this area of the law; practice pointers in conveyance and estate planning in which involve mineral rights; discussions of tax forfeitures; adverse possession and surface rights, as they relate to these rights a blueprint …

Individual Chapter 11 Reorganizations: Big Problems With The New "Big" Chapter 13, Robert J. Landry Iii

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—First Amendment And Congress's Spending Clause Power—The Supreme Court's Supports Military Recruiters And The United States Military's Discrimination Against Homosexuals Despite Law Schools' Protests. Rumsfeld V. Forum For Academic & Institutional Rights, Inc., 126 S. Ct. 1297 (2006)., Matthew K. Brown

University of Arkansas at Little Rock Law Review

p> This note examines the forces in play leading up to the United States Supreme Court's decision in Rumsfeld v. Forum for Academic & Institutional Rights, Inc., a case in which the Court upheld a federal law conditioning the receipt of federal funding by law schools (and other institutions of higher learning) on those schools granting United States Military recruiters equal access to students, despite First Amendment claims brought by those schools. This note first explores the facts leading to the controversy that culminated in an appeal to the Supreme Court. Next, this note explores the background of the issues …