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Articles 1 - 30 of 35

Full-Text Articles in Law

Astaire. Baryshnikov. Brandeis., Nancy Bellhouse May Oct 2016

Astaire. Baryshnikov. Brandeis., Nancy Bellhouse May

The Journal of Appellate Practice and Process

No abstract provided.


Fiat Lux: Tracing A Standard Of Review For Class-Certification Orders, Curtis E.A. Karnow Oct 2016

Fiat Lux: Tracing A Standard Of Review For Class-Certification Orders, Curtis E.A. Karnow

The Journal of Appellate Practice and Process

No abstract provided.


The First Amendment And The Police In The Digital Age, Kermit V. Lipez Oct 2016

The First Amendment And The Police In The Digital Age, Kermit V. Lipez

The Journal of Appellate Practice and Process

No abstract provided.


A History Of The Missouri Court Of Appeals: The Role Of Regional Conflicts In Shaping Intermediate Appellate Court Structure, Jamie Pamela Rasmussen Oct 2016

A History Of The Missouri Court Of Appeals: The Role Of Regional Conflicts In Shaping Intermediate Appellate Court Structure, Jamie Pamela Rasmussen

The Journal of Appellate Practice and Process

No abstract provided.


Attracting Undue Scrutiny On Appeal: An Appellate Judge's Perspective, Marshall L. Davidson Iii Oct 2016

Attracting Undue Scrutiny On Appeal: An Appellate Judge's Perspective, Marshall L. Davidson Iii

The Journal of Appellate Practice and Process

No abstract provided.


Infrequently Asked Questions, Edward T. Swaine Oct 2016

Infrequently Asked Questions, Edward T. Swaine

The Journal of Appellate Practice and Process

If appellate advocates could hear from courts about topics that might be raised during oral argument—as opposed to relying solely on their ability to anticipate the issues—might their answers be better? That seems likely, but it is unlikely that research could confirm that, as judicial practice overwhelmingly favors impromptu questioning. Spontaneity may be harmless if the question was predictable, or unavoidable if a judge just thought of the question. But sometimes advocates have to answer challenging questions concerning the law, facts, or implications of a position—questions that help decide the case, either due to the quality of the answer or …


Constitutional Law—Extraditing The Foreign Fugitive: Disentitlement In Civil Forfeiture, United States V. All Assets Listed In Attachment A, 89 F. Supp. 3d 817 (E.D. Va. 2015), Nicole Murray Oct 2016

Constitutional Law—Extraditing The Foreign Fugitive: Disentitlement In Civil Forfeiture, United States V. All Assets Listed In Attachment A, 89 F. Supp. 3d 817 (E.D. Va. 2015), Nicole Murray

University of Arkansas at Little Rock Law Review

No abstract provided.


Establishing Best Billing Practices Through Billing Guidelines: Fostering Trust And Transparency On Legal Costs, Laura Johnson, Howard Tollin, Marci Waterman, Sarah Mills-Dirlam Oct 2016

Establishing Best Billing Practices Through Billing Guidelines: Fostering Trust And Transparency On Legal Costs, Laura Johnson, Howard Tollin, Marci Waterman, Sarah Mills-Dirlam

University of Arkansas at Little Rock Law Review

No abstract provided.


Peter Singer, Drowning Children, And Pro Bono, John M.A. Dipippa Oct 2016

Peter Singer, Drowning Children, And Pro Bono, John M.A. Dipippa

Faculty Scholarship

This Article uses the ethicist Peter Singer's principles to examine and critique the legal profession's pro bono efforts in the face of the persistent gap between the public's legal needs and their ability to meet them. Singer argues that adults should jump into a pond to save a drowning child. Using the drowning child as an analogy, this Article argues that lawyers are morally obligated to (1)increase the amount of their pro bono efforts, (2) be more selective in the cases they take, and (3) be significantly more generous in their financial support for legal services providers. These obligations are …


Contract And Property Law—Fee-Shifting Statutes And Landlord-Tenant Law—A Call For The Repeal Of The English Rule "Loser Pays" System Regarding Contract Disputes And Its Effect On Low-Income Arkansas Tenants, Stephanie Mantell Oct 2016

Contract And Property Law—Fee-Shifting Statutes And Landlord-Tenant Law—A Call For The Repeal Of The English Rule "Loser Pays" System Regarding Contract Disputes And Its Effect On Low-Income Arkansas Tenants, Stephanie Mantell

University of Arkansas at Little Rock Law Review

No abstract provided.


Inward Bound: An Exploration Of Character Development In Law School, Heather D. Baum Oct 2016

Inward Bound: An Exploration Of Character Development In Law School, Heather D. Baum

University of Arkansas at Little Rock Law Review

No abstract provided.


Arbitration Law In Tension After Hall Street: Accuracy Of Finality?, Stanley A. Leasure Oct 2016

Arbitration Law In Tension After Hall Street: Accuracy Of Finality?, Stanley A. Leasure

University of Arkansas at Little Rock Law Review

No abstract provided.


Book Review: The Conflict Paradox: Seven Dilemmas At The Core Of Disputes By Bernie Mayer, Kelly Browe Olson Jul 2016

Book Review: The Conflict Paradox: Seven Dilemmas At The Core Of Disputes By Bernie Mayer, Kelly Browe Olson

Faculty Scholarship

Bernie Mayer's latest book is an excellent journey into seven key dilemmas in conflict. Mayer devotes a chapter to each of the following dilemmas: Competition and Cooperation, Optimism and Realism, Avoidance and Engagement, Principle and Compromise, Emotions and Logic, Impartiality and Advocacy, and Autonomy and Community. In this review, I suggest that the book is a thorough guide through seemingly diverse and opposing conflict theories. I go through each chapter and detail how Mayer sees these concepts as interwoven instead of oppositional. He walks his readers through what have been thought of as distinctive, even opposing, approaches, theories, and concepts …


Private Prisons And The New Marketplace For Crime, André Douglas Pond Cummings, Adam Lamparello Jun 2016

Private Prisons And The New Marketplace For Crime, André Douglas Pond Cummings, Adam Lamparello

Faculty Scholarship

A saner and safer prison policy in the United States begins by ending the scourge of the private prison corporation and returning crime and punishment to public function. We continue by radically reimagining our sentencing policies and reducing them significantly for non-violent crimes. We end the War on Drugs, once and for all, and completely reconfigure our drug and prison policy by legalizing and regulating marijuana use and providing health services to addicts of harder drugs and using prison for only violent drug kingpins and cartel bosses. We stop the current criminalization of immigration in its tracks and block the …


"Hacking" Service Of Process: Using Social Media To Provide Constitutionally Sufficient Notice Of Process, Angela Upchurch Jun 2016

"Hacking" Service Of Process: Using Social Media To Provide Constitutionally Sufficient Notice Of Process, Angela Upchurch

University of Arkansas at Little Rock Law Review

No abstract provided.


A Supreme Court Homecoming, George S. Isaacson Apr 2016

A Supreme Court Homecoming, George S. Isaacson

The Journal of Appellate Practice and Process

No abstract provided.


Foreword: Justice, Jackson And Otherwise, Nancy Bellhouse May Apr 2016

Foreword: Justice, Jackson And Otherwise, Nancy Bellhouse May

The Journal of Appellate Practice and Process

No abstract provided.


Appellate Remedy: The Ancient Precedents Of A Modern Right, Peter S. Poland Apr 2016

Appellate Remedy: The Ancient Precedents Of A Modern Right, Peter S. Poland

The Journal of Appellate Practice and Process

No abstract provided.


Sua Sponte Actions In The Appellate Courts: The "Gorilla Rule" Revisited, Ronald J. Offenkrantz, Aaron S. Lichter Apr 2016

Sua Sponte Actions In The Appellate Courts: The "Gorilla Rule" Revisited, Ronald J. Offenkrantz, Aaron S. Lichter

The Journal of Appellate Practice and Process

No abstract provided.


Deciding Not To Decide: A Limited Defense Of The Silent Concurrence, Alexander I. Platt Apr 2016

Deciding Not To Decide: A Limited Defense Of The Silent Concurrence, Alexander I. Platt

The Journal of Appellate Practice and Process

No abstract provided.


All Copying Is Not Created Equal: Borrowed Language In Supreme Court Opinions, Adam Feldman Apr 2016

All Copying Is Not Created Equal: Borrowed Language In Supreme Court Opinions, Adam Feldman

The Journal of Appellate Practice and Process

No abstract provided.


Lay Witness Opinion Testimony On Mental State And Depression: A Call For Reform, Adam Santeusanio Apr 2016

Lay Witness Opinion Testimony On Mental State And Depression: A Call For Reform, Adam Santeusanio

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—Fourth Amendment And Seizures— Accidental Seizures By Deadly Force: Who Is Seized During A Police Shootout? Plumhoff V. Rickard, 134 S. Ct. 2012 (2014)., Adam D. Franks Apr 2016

Constitutional Law—Fourth Amendment And Seizures— Accidental Seizures By Deadly Force: Who Is Seized During A Police Shootout? Plumhoff V. Rickard, 134 S. Ct. 2012 (2014)., Adam D. Franks

University of Arkansas at Little Rock Law Review

No abstract provided.


With All My Worldly Goods I Thee Endow: The Law And Statistics Of Dower And Curtesy In Arkansas, J. Cliff Mckinney Apr 2016

With All My Worldly Goods I Thee Endow: The Law And Statistics Of Dower And Curtesy In Arkansas, J. Cliff Mckinney

University of Arkansas at Little Rock Law Review

No abstract provided.


Dissecting The Hybrid Rights Exception: Should It Be Expanded Or Rejected?, David H. Hudson Jr., Emily H. Harvey Apr 2016

Dissecting The Hybrid Rights Exception: Should It Be Expanded Or Rejected?, David H. Hudson Jr., Emily H. Harvey

University of Arkansas at Little Rock Law Review

No abstract provided.


A Spirited Revolution: Local Option Elections And The Impending Death Of Prohibition In Arkansas, Justin Wayne Harper Apr 2016

A Spirited Revolution: Local Option Elections And The Impending Death Of Prohibition In Arkansas, Justin Wayne Harper

University of Arkansas at Little Rock Law Review

No abstract provided.


Arkansas’S Trust Code And Trust Planning: A Ten-Year Perspective, Lynn Foster Apr 2016

Arkansas’S Trust Code And Trust Planning: A Ten-Year Perspective, Lynn Foster

University of Arkansas at Little Rock Law Review

In 2001, the Uniform Law Commission adopted the Uniform Trust Code, which regulates certain aspects of trusts. One impetus for the trust code was the ever-increasing popularity of revocable trusts as part of standard estate planning packages. Another was the fact that few states—including Arkansas—had well-developed common law trust rules, let alone any statutory trust codes. In 2005, the Arkansas legislature enacted a slightly modified version of the Uniform Trust Code (UTC), titled the Arkansas Trust Code (ATC). At that time, the University of Arkansas at Little Rock Law Review published my article summarizing the most important features of the …


Family Law–Providing For Those Who Cannot Provide For Themselves: A Proposal For The Arkansas General Assembly To Follow In The Footsteps Of An Already Expansive Guardianship Law And Grant Guardians The Right To File For Divorce On Behalf Of A Ward, Matthew L. Brunson Jan 2016

Family Law–Providing For Those Who Cannot Provide For Themselves: A Proposal For The Arkansas General Assembly To Follow In The Footsteps Of An Already Expansive Guardianship Law And Grant Guardians The Right To File For Divorce On Behalf Of A Ward, Matthew L. Brunson

University of Arkansas at Little Rock Law Review

No abstract provided.


Why Low-Income Workers Need To Save For Retirement And How They Can Do It, Philip C. Aka, Chidera Oku, Elizabeth Arnott-Hill, Aref A. Hervani Jan 2016

Why Low-Income Workers Need To Save For Retirement And How They Can Do It, Philip C. Aka, Chidera Oku, Elizabeth Arnott-Hill, Aref A. Hervani

University of Arkansas at Little Rock Law Review

No abstract provided.


A Call For Clarity Resulting From Daimler Ag V. Bauman: Jurisdictional Veil Piercing In The Context Of Parent And Subsidiary Corporations And The Irrelevance Of Fraud Or Injustice, Hays C. Doan Jan 2016

A Call For Clarity Resulting From Daimler Ag V. Bauman: Jurisdictional Veil Piercing In The Context Of Parent And Subsidiary Corporations And The Irrelevance Of Fraud Or Injustice, Hays C. Doan

University of Arkansas at Little Rock Law Review

No abstract provided.