Law Commons^™

Three Giants, Nancy Bellhouse May

The Journal of Appellate Practice and Process

No abstract provided.

Gazing Into The Future: The 100-Year Legacy Of Justice William J. Brennan, Stephen J. Wermiel

The Journal of Appellate Practice and Process

No abstract provided.

Copy-Paste Precedent, Brian Soucek

The Journal of Appellate Practice and Process

No abstract provided.

A Capsule Biography Of Joseph T. Sneed, Iii, Rollins S. Emerson

The Journal of Appellate Practice and Process

No abstract provided.

Trial-Court Discretion: Its Exercise By Trial Courts And Its Review By Appellate Courts, Joseph T. Sneed

The Journal of Appellate Practice and Process

No abstract provided.

Cardozo At 100, Andrew L. Kaufman

The Journal of Appellate Practice and Process

No abstract provided.

The Legacy Of Louis D. Brandeis, Melvin I. Urofsky

The Journal of Appellate Practice and Process

No abstract provided.

Is Link Rot Destroying Stare Decisis As We Know It? The Internet-Citation Practice Of The Texas Appellate Courts, Arturo Torres

The Journal of Appellate Practice and Process

No abstract provided.

This Is Unprecedented: Examining The Impact Of Vacated State Appellate Court Opinions, Michael D. Moberly

The Journal of Appellate Practice and Process

No abstract provided.

Subordinate Bias Liability, Theresa M. Beiner

University of Arkansas at Little Rock Law Review

Often, decisions regarding employment are made with the input of or based on the observations of more than one person. This presents complications for employment discrimination plaintiffs seeking to prove discriminatory animus resulting in an adverse employment decision for the plaintiff. Specifically, many plaintiffs are left to deal with the unresolved issue of whether they have a claim for employment discrimination when a discriminating non-decision making coworker or direct supervisor supplies incorrect or distorted information to their superiors who have the authority to fire them. This is known as the "cat's paw" theory of liability or "subordinate bias liability."

The …

Buying A Lie: The Harms And Deceptions Of Ghostwriting, T. J. Fosko

University of Arkansas at Little Rock Law Review

Ghostwriters are hired by politicians, celebrities, professionals and even established authors to do the work of writing for significant monetary compensation. Although ghostwriters receive no professional credit for their authorship, publishers who employ ghostwriters enjoy the financial windfall of marketing a book by a well-known person. While the economic harm of purchasing a relatively inexpensive book from what the consumer thought was a best-selling author is relatively slight, the serious harm of ghostwriting is the message received by the consumer who thinks that the ideas and message of the book come from the purported author.

Despite the inherently deceptive nature …

Shifting The Burden: Genuine Disputes And Employment Discrimination Standards Of Proof, Barrett S. Moore

University of Arkansas at Little Rock Law Review

Enacted for the purpose of battling workplace discrimination by targeting discrimination against minorities and the disadvantaged, Title VII has become somewhat of an apparition for good-intentioned employers seeking to follow the law. For example, in Ricci v. DeStefano, the city of New Haven, Connecticut refused to hire white firefighters based on a qualification test because to do so would produce the outcome of hiring too few minority firefighters. Despite New Haven's good intentions, the hiring process illegally brought race into the hiring process, thereby showing that America's relationship with civil rights legislation has come full circle.

At the center of …

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 …

A Dedication To Dean William H. Bowen, Paula J. Casey

University of Arkansas at Little Rock Law Review

No abstract provided.

Criminal Law—Teenage Sexting In Arkansas: How Special Legislation Addressing Sexting Behavior In Minors Can Salvage Arkansas's Teens' Futures, Sidney L. Leasure

University of Arkansas at Little Rock Law Review

Sexting is defined as sending sexually explicit images or messages via cell phones. Albeit questionable, sexting is legal between consenting adults. However, there are many consequences of sexting that may not be considered by teenagers who sext. Beyond ridicule, punishment by parents or schools, and the eternal lifespan of digital content, there can be harsh legal consequences for sexting teens. These consequences vary from state to state, but include felony convictions for child pornography and the resulting consequence of being required to register as a sex offender. Often, such convictions can affect college acceptances and career choices.

In order to …

Family Law—Egg Donation And Stem Cell Research—Eggs For Sale: The Scrambled State Of Legislation In The Human Egg Market, Kitty L. Cone

University of Arkansas at Little Rock Law Review

Rapid expansion of technology in medicine over the last few decades has both enhanced our lives and complicated our laws. For example, thanks to advances in science and medicine, couples who were previously unable to reproduce are now able to do so with the help of donors, medical personnel, and a host of other middlemen facilitating the process. The growth of medical technology has also lead to the advent of using human eggs for medical research. However, despite competing for eggs from a small pool of willing donors, there is a disparity in the law between the treatment of human …

A Foreword – The 2012 Ben J. Altheimer Symposium, Caleb J. Norris

University of Arkansas at Little Rock Law Review

No abstract provided.

Quantifying The Economic Benefits Of Effective Redress: Large E-Commerce Data Sets And The Cost-Benefit Case For Investing In Dispute Resolution, Colin Rule

University of Arkansas at Little Rock Law Review

Demonstrating the economic benefit of investments in fair and effective redress systems has been one of the greatest challenges for dispute resolution. This article uses results from large e-commerce data sets to demonstrate the quantifiable benefit in of investments in effective dispute resolution processes. Specifically, the data is based not on user-reported satisfaction, which can be unreliable, but instead on an analysis of the actual behavior of users before and after a dispute event. The result is hard evidence of the economic benefits from the deployment of effective redress processes, which is relevant to e-commerce service providers, as well as …

Criminal Law—No Stitches For Snitches: The Need For A Duty-To-Report Law In Arkansas, Breanna Trombley

University of Arkansas at Little Rock Law Review

It is difficult to get witnesses of brutal crimes to step up and act. This article argues that every state, including Arkansas, would be well served by implementing laws that would require individuals to notify law enforcement officials when they witness certain offenses.

First, the note discusses the common law history of the no-duty-to-aid principle, as well as duty-to-assist laws in other jurisdictions and current Arkansas reporting statutes. Next, the note examines the need for a specific duty-to-report in Arkansas. Then, a duty-to-report statute is proposed for consideration by the Arkansas Legislature. Thereafter, the note addresses imposition of both civil …

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. …

Walled Gardens Of Privacy Or “Binding Corporate Rules?”: A Critical Look At International Protection Of Online Privacy, Joanna Kulesza

University of Arkansas at Little Rock Law Review

A growing concern in the era of cloud computing is protecting Internet users' privacy. This concern is compounded by the fact that there are no effective international solutions. This article considers the latest European Union (EU) proposed development in this area – a regulatory model based on amended Binding Corporate Rules (BCR) – as introduced by the EU Justice Commissioner. These planned changes would have worldwide effects on international companies' online activities in transboundary cyberspace.

After providing a background on the concept of defining privacy in general, the article describes the BCR proposal, and proceeds to consider the likelihood of …

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 …

Leveling Up To Immersive Dispute Resolution (Idr) In 3-D Virtual Worlds: Learning And Employing Key Idr Skills To Resolve In-World Developer-Participant Conflicts, Lucille M. Ponte

University of Arkansas at Little Rock Law Review

This article proposes a new conflict resolution approach called "immersive dispute resolution" (IDR) through the use of existing communication and graphical technology in 3-D virtual worlds as well as the collaborative and strategic thinking skills virtual world participants acquire in digital experiences. Specifically, this article begins by discussing research on learning in virtual worlds, with an emphasis on key collaborative conflict resolution skills accumulated through play in virtual environments. Next, this article discusses current dispute resolution processes available in certain 3-D worlds which fail to leverage the technology or collaborative skills available in these environments, and finishes with a call …

An Empirical Study Of Predispute Mandatory Arbitration Clauses In Social Media Terms Of Service Agreements, Michael L. Rustad, Richard Buckingham, Diane D’Angelo, Katherine Durlacher

University of Arkansas at Little Rock Law Review

This Article is the first empirical study of the use of predispute mandatory arbitration clauses by social networking sites (SNSs) and sheds light on whether SNSs are using arbitration clauses strategically in order to complete a "liability-free" zone in cyberspace. Our empirical findings reveal that SNS arbitration clauses contravene many of the basic principles deemed indispensable for a fundamentally fair process for consumers to obtain civil recourse for recognized torts and remedies for contract disputes. Congress needs to prohibit predispute mandatory arbitration clauses in terms of service agreements and privacy policies.

Securities Law—The Erosion Of Securities Class Actions, Rashida Sims

University of Arkansas at Little Rock Law Review

In the last fifteen years, Congress has enacted Federal Rule of Civil Procedure 23, The Private Securities Litigation Reform Act of 1995, and the Securities Litigation Uniform Standards Act of 1998 (collectively the "securities legislation"). This note examines interrelated provisions of the securities legislation and the resulting impact on the effectiveness of class actions as a remedy for defrauded investors. First, the note discusses securities class actions and the background, history, and intended goal of each relevant legislative provision. Next, the note discusses the securities legislation's impact on the feasibility of securities class actions, the parties to securities class actions, …

Building Bridges To Remedies For Consumers In International Conflicts, Amy J. Schmitz

University of Arkansas at Little Rock Law Review

This essay addresses the lack of consumer remedy mechanism, and attempts to open consideration of expanded use of online processes for resolving business-to-consumer (B2C) eConflicts. Specifically, the essay attempts to highlight the problems created by problematic and uncertain enforcement of B2C arbitration, and proposes the use of the Internet to create fair and globally enforceable Online Dispute Resolution and Online Arbitration (OArb) mechanisms. These mechanisms would capitalize on the growth and efficiency of the Internet while protecting consumers from burdensome and/or expensive procedures that render existing remedies meaningless.

The essay begins by discussing the importance of fair and accepted B2C …

Two Books, Ten Days, Nancy Bellhouse May

The Journal of Appellate Practice and Process

No abstract provided.

The Folly - And Faith - Of Furman, John H. Blume, Sheri Lynn Johnson

The Journal of Appellate Practice and Process

No abstract provided.

Assessing And Addressing The Problems Caused By Life Tenure On The Supreme Court, Philip D. Oliver

The Journal of Appellate Practice and Process

No abstract provided.

Beyond Citizens United, John Paul Stevens

The Journal of Appellate Practice and Process

No abstract provided.