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Articles 1 - 30 of 44
Full-Text Articles in Law
Plantain Cultivation In Puerto Rico: Its Inclusion In The National Crop Table Of The United States Department Of Agriculture’S Farm Service Agency, And Its Loss Compensation In Disaster Programs, Javier A. Rivera-Aquino
Plantain Cultivation In Puerto Rico: Its Inclusion In The National Crop Table Of The United States Department Of Agriculture’S Farm Service Agency, And Its Loss Compensation In Disaster Programs, Javier A. Rivera-Aquino
Journal of Food Law & Policy
If justice is to provide each person what they deserve, it seems plantain producers in Puerto Rico did not relish a just compensation for their farm losses after Hurricane Maria in 2017. The main culprit? Stale data. Farm Service Agency’s (FSA) Wildfire and Hurricanes Indemnity Program (WHIP) utilized plantain production data under the National Crop Table (NCT) 2017, which seemingly did not reflect up-to-date yield averages of Puerto Rico’s plantain farmers at the time of Hurricane Maria.
Black-Owned Beef: Should Black Beef Producers Stake Space In Food Justice?, Shirah Dedman
Black-Owned Beef: Should Black Beef Producers Stake Space In Food Justice?, Shirah Dedman
Journal of Food Law & Policy
While there is growing interest in Black cowboys, the narrative is largely tethered to parades and urban and suburban saddle clubs, much like the fictional movie on Netflix, Concrete Cowboy. Missing from the narrative are today’s real Black cowboys: rural ranchers and farmers raising cattle for beef production and consumption.
The Broken Beef Cattle Industry: Cool, Covid And Cattletrace, Hayden L. Ballard
The Broken Beef Cattle Industry: Cool, Covid And Cattletrace, Hayden L. Ballard
Journal of Food Law & Policy
While the Kansas City Stockyards themselves are gone, just like in the early 20th Century, a beef monopoly has once again found its way into the industry, and a way around the Packers and Stockyards Act of 1921 and is again suffocating the industry. While at the time of the act’s passage in 1921 five companies controlled the market, today the market is even more consolidated in the “Big Four,” as the four biggest meat packing companies in America are commonly known (Cargill, Tyson, JBS and National Beef/Marfrig), and are again arguably stifling the free-market. If Americans do not act …
Agricultural Carbon: The Land, Landowner, And Farmer, Barclay Rogers
Agricultural Carbon: The Land, Landowner, And Farmer, Barclay Rogers
Journal of Food Law & Policy
Carbon is certainly a hot topic in agriculture. Across the countryside, farmers, landowners, agricultural service providers, and many others are trying to understand what carbon is about and what it may mean to them. One of the more interesting topics around agricultural carbon concerns the relationship between the landowner and tenant farmers on absentee-owned land (i.e., land that is farmed by someone other than the person who owns it). This article provides a brief background on the agricultural carbon opportunity and explores some ideas about how to pursue the opportunity on absentee-owned farmland.
The Arkansas Ll.M. Program: Forty Years Of Leadership, Susan A. Schneider
The Arkansas Ll.M. Program: Forty Years Of Leadership, Susan A. Schneider
Journal of Food Law & Policy
The University of Arkansas School of Law has been a leader in agricultural law education for over forty years through its innovative LL.M. Program in Agricultural and Food Law. This essay memorializes the history of this signature Program and charts its progress through the decades as agricultural law issues evolved and the discipline expanded.
A Dog's Bark To Act As A Nark, Bailey R. Geller
A Dog's Bark To Act As A Nark, Bailey R. Geller
Arkansas Law Review
This Comment therefore advocates for systemic reconsideration of dog scent lineups at trial. It will not claim that all dog scent lineups are flawless, particularly given the slipshod manner in which many are performed. But dog scent identifications are increasingly more valuable than our legal system currently acknowledges when they are properly conducted. They should be admissible.
Recent Development: Arkansas Insurance Dep't. Final Rule 126: "Insurance Business Transfers", Silas Heffley
Recent Development: Arkansas Insurance Dep't. Final Rule 126: "Insurance Business Transfers", Silas Heffley
Arkansas Law Review
Pursuant to Act 1018 of 2021, “An Act to Establish the Arkansas Business Transfer Act,” the Arkansas Insurance Department has promulgated Final Rule 126 “to provide standards and procedures for the transfer and novation of insurance policies from a transferring insurer to an assuming insurer through a transaction known as an ‘insurance business transfer.’” The Rule requires that the applicant submit an Insurance Business Transfer Plan—along with a nonrefundable $10,000 fee—to the Department detailing the transaction. One critical element of this Plan is the Independent Expert Opinion Report. An independent expert will produce a written report to be included in …
Construction Liens And The "Secret Lien" Problem, Dale Whitman
Construction Liens And The "Secret Lien" Problem, Dale Whitman
Arkansas Law Review
Perhaps the most essential element of a modern scheme of land ownership is a system of records that will allow an owner to show to the world, and particularly to intended transferees, that she or he owns the land in question. It is almost equally important that an owner be able to create a lien or charge on land, putting it up as security for an obligation or debt while retaining possession. And as a concomitant principle, it is critical that an intended transferee be able to detect, in a reliable system of records, whether the land has already been …
Equitable, Affordable And Climate-Cognizant Housing Construction, Shelby D. Green
Equitable, Affordable And Climate-Cognizant Housing Construction, Shelby D. Green
Arkansas Law Review
In this Article, I recount some of the history of unwise and improvident land use policy and practices that have led to gross inequities and to the climate-exposed state, not only in terms of where people were assigned spaces to live, but how. I go on to suggest that communities should be designed with intent, with regard for the threats of climate change as well as accessibility to those historically excluded.
Design Professional Liability For Construction Worksite Accidents - How Arkansas Led The Way To A National Consensus, Marc M. Schneier
Design Professional Liability For Construction Worksite Accidents - How Arkansas Led The Way To A National Consensus, Marc M. Schneier
Arkansas Law Review
Three major developments underlie the law of architect or engineer (a/e) liability to construction workers, beginning in the second half of the twentieth century: (1) a change from a no-duty regime to a duty of care under a foreseeability test, (2) reactions to that expanded liability by changes to standard form documents by industry associations (in particular the American Institute of Architects (AIA)), (3) currently culminating in a broad national consensus. The Arkansas Supreme Court was instrumental in framing the issues of this jurisprudence early in its development and later contributed to its continued evolution.
Structural Precarity And Potential In Condominium Governance Design, Andrea J. Boyack
Structural Precarity And Potential In Condominium Governance Design, Andrea J. Boyack
Arkansas Law Review
This Article examines a condominium’s legal structure in the context of ensuring construction and upkeep quality in a multifamily building and explores possible systemic improvements. Part I considers three latent vulnerabilities inherent in the condominium governance structure: (1) overprotection of developers; (2) unwillingness of members to ensure optimal upkeep; and (3) association financial precarity. Part II critiques some suggested legal responses to the Surfside disaster and discusses the swift and dramatic impacts on condominium governance caused by changed underwriting requirements of Fannie Mae and Freddie Mac. Finally, this Article concludes by calling for more effective stabilization of condominium governance to …
Construction Law Apologetics, Carl J. Circo
Construction Law Apologetics, Carl J. Circo
Arkansas Law Review
This Article challenges the legal academy’s perceptions and offers an alternative assessment of the relationship between the construction industry and law. Part I reviews practical reasons for teaching construction law to law students. In brief, Part I first demonstrates how a construction law course pairs advanced instruction in several topics introduced in the core curriculum, such as contracts, torts, civil procedure, evidence, remedies, and dispute resolution, with lessons on adapting legal knowledge to the specialized construction industry practice. Next, it explains how studying construction law can prepare students to represent clients in a wide range of complex commercial matters that …
Construction Law: The English Route To Modern Construction Law, Vivian Ramsey
Construction Law: The English Route To Modern Construction Law, Vivian Ramsey
Arkansas Law Review
In this Article, I will look at the way that construction law has developed in the English common law world from its roots in the law of England and Wales. Whilst common law traditions are now applied to many jurisdictions, the number of jurisdictions in which English precedents are binding is now small. But, in many common law jurisdictions decisions of the English courts are still treated as “persuasive.” English decisions in the field of construction law have an extensive reach in terms of their persuasiveness. First, having a long-established court system, including a specialist court for 150 years, has …
Construction Law: Its Historical Origins And Its Twentieth Century Emergence As A Major Field Of Modern American And International Legal Practice, Philip L. Bruner
Construction Law: Its Historical Origins And Its Twentieth Century Emergence As A Major Field Of Modern American And International Legal Practice, Philip L. Bruner
Arkansas Law Review
“Construction Law” is a rapidly emerging “capstone” legal field that over the past century has subsumed principles from many traditional fields of law and has contextually created new implied rights and obligations unknown to such traditional fields. Construction law’s emergence has been driven by the extraordinary modern growth in global construction activity, which in 2020 accounted for 13% (US$10.7 trillion) of the global gross domestic product and which by 2030 is expected to grow by another 42%. This growth in construction activities engages millions of firms and persons and has increased considerably the technical complexity and rapidity of changes in …
Babe In The Woods: Why The Federal Rules Of Evidence Should Adopt A New Hearsay Exception To Protect Children, Marlee Rowe
Babe In The Woods: Why The Federal Rules Of Evidence Should Adopt A New Hearsay Exception To Protect Children, Marlee Rowe
Arkansas Law Notes
Child abuse is a public health problem affecting millions of children across the United States. Many states have adopted hearsay exceptions to prevent child victims of abuse from being forced to testify in front of their abusers. However, not all states provide these protections, and the exceptions vary widely from state to state. Because many states draft their rules of evidence to accord with the Federal Rules of Evidence, Congress should enact a hearsay exception on the federal level to promote uniformity and to ensure child victims of abuse are protected from further traumatization, regardless of what state they live …
Which Police Departments Make Black Lives Matter, Which Don’T, And Why Don’T Most Social Scientists Care?, Robert Anthony Maranto, Wilfred Reilly, Patrick Wolf, Mattie Harris
Which Police Departments Make Black Lives Matter, Which Don’T, And Why Don’T Most Social Scientists Care?, Robert Anthony Maranto, Wilfred Reilly, Patrick Wolf, Mattie Harris
Education Reform Faculty and Graduate Students Publications
In part via skillful use of social media, Black Lives Matter (BLM) has become among the most influential social movements of the past half century, with support across racial lines, and considerable financial backing (Fisher, 2019). Will this translate into public policy reforms which save Black lives? After all, higher education is a key institutional backer of BLM, and a considerable literature dating back decades (e.g., Lindblom & Cohen, 1979) casts doubt on the effectiveness of social science in solving social problems, for numerous reasons. Often, the best social science is simple counting. This paper makes two unique contributions. First, …
Ideological Preferences Of Supreme Court Justices: The Shift Throughout Tenure, Amelia Ver Woert
Ideological Preferences Of Supreme Court Justices: The Shift Throughout Tenure, Amelia Ver Woert
Political Science Undergraduate Honors Theses
For this thesis, I will analyze the tenure of five Supreme Court justices across the decades, ranging from the year 1940 up to the present year of 2022. The analysis will examine the variation between the justices' decisions at the beginning of their term compared to the decisions near the end of their term. The purpose of this study is to properly distinguish whether Supreme Court justices who have served on the bench for more than a decade are impacted by ideological drift and preference shifts throughout their career. The importance of this analysis is to determine the impact of …
Historical Underpinnings And Consequent Effects Of Labor Exploitation Of Mexican And Central Americans In The United States, Andrew Elkins
Historical Underpinnings And Consequent Effects Of Labor Exploitation Of Mexican And Central Americans In The United States, Andrew Elkins
World Languages, Literatures and Cultures Undergraduate Honors Theses
The experience immigrants have today working and living in the southern United States is defined by systems that have developed out of lingering racist attitudes and reactions toward these individuals. The flow of people across the U.S.-Mexico border has a long history, and it is characterized by patterns that have continued from early guest worker programs to the present-day flow of migrants, both legal and undocumented. Also continually present is the racialization of these migrants, which has often forced them to work and live as marginalized members of American society. This project will explore the establishment of Mexican American citizen …
Unequal Treatment: An Exploration Of Immigrant-Related Factors And Likelihood Of Discrimination In The United States, Sophia Woods
Unequal Treatment: An Exploration Of Immigrant-Related Factors And Likelihood Of Discrimination In The United States, Sophia Woods
Sociology and Criminology Undergraduate Honors Theses
Despite the rapid and considerable growth of the Latino population in the United States, the continual xenophobic rhetoric surrounding Latino immigration along with the nativist public policies set in place have led to higher rates of discrimination. Latino immigrant discrimination has shown to have consequences on mental health, social isolation, physical health, and trust of law enforcement. Using data from the Pew Research Center, I explored the specific factors associated with Latino immigrants that increase the likelihood of experiencing discrimination in the United States. In line with much of the prior literature, age, ethnic identity, English proficiency, Mexican origin, fear …
The Hard Work Is Worth It: Overcoming Unfavorable Determinants To Pass Pro-Immigrant Education Policy In A Conservative State Legislature, Megan Cardwell Godfrey
The Hard Work Is Worth It: Overcoming Unfavorable Determinants To Pass Pro-Immigrant Education Policy In A Conservative State Legislature, Megan Cardwell Godfrey
Graduate Theses and Dissertations
Immigrants, English learners (ELs), and culturally and linguistically diverse (CLD)students often lag behind their White, monolingual peers in academic achievement and English language proficiency. While there are policy solutions to improve academic and linguistic opportunities and outcomes for immigrant/EL/CLD students, such as implementing bilingual instructional models and increasing teacher diversity, these pro-immigrant policies can be hard to come by in some legislative contexts due to unfavorable economic, social, or political determinants. This qualitative case study analyzed the multifaceted political work that contributed to the passage of two pro-immigrant education policies in the Arkansas 93rd General Assembly: a bill for bilingual …
Law Enforcement Policy And Personnel Responses To Terrorism: Do Prior Attacks Predict Current Preparedness?, Bryce Kirk
Law Enforcement Policy And Personnel Responses To Terrorism: Do Prior Attacks Predict Current Preparedness?, Bryce Kirk
Graduate Theses and Dissertations
Terrorism has been on the mind of the American people and politicians alike since the 9/11 attacks over two decades ago. In the years since, there has been a massive shift in law enforcement priorities from community-oriented policing (COP) to homeland security-oriented policing. This was especially evident in the establishment of the Department of Homeland Security (DHS) shortly after the attacks on the World Trade Center and Pentagon in 2001, which was established to aid law enforcement entities with terrorism preparedness. While prior literature has addressed a variety of factors that have contributed to terrorism preparedness, very little research has …
In Sickness And In Health: Effects Of Covid-19 On Felony Crime In Washington County, Arkansas, Layne Roberts
In Sickness And In Health: Effects Of Covid-19 On Felony Crime In Washington County, Arkansas, Layne Roberts
Economics Undergraduate Honors Theses
This research explores potential connections to the COVID-19 pandemic and felony crime levels, as seen in the categories of business crimes, domestic violence, and theft. The COVID-19 pandemic has rearranged what was previously known about the world, in every aspect of life. From jobs to public life to even government, at every level worldwide there was a fundamental change. Therefore, it stands to reason that crime was also affected by this massive shift in the overall state of being. This research examines how much of an effect there was on crime rates in Washington County, Arkansas by measuring amounts and …
Theranos: Case Study And Examination Of The Fraud Triangle, Abbey Jennings
Theranos: Case Study And Examination Of The Fraud Triangle, Abbey Jennings
Finance Undergraduate Honors Theses
Fraud is a serious issue which carries significant implications. Fraud committed by top level managers is particularly grievous, as it ripples through a firm, harming the company’s shareholders, employees, and credibility, while posing a threat to individuals and society (Zahra, et al.). A common framework in auditing, the fraud triangle, outlines three factors that if present, increase the risk or enable fraud to occur. The three factors are incentive, opportunity, and rationalization to commit fraud (Barlow).
In 2018, the Securities and Exchange Commission (SEC) charged Elizabeth Holmes, founder and CEO of a supposedly groundbreaking health tech company, Theranos, with what …
A Country Prospering On Abuse: Migrant Worker Exploitation And Labor Reform In Qatar, Emma Towe
A Country Prospering On Abuse: Migrant Worker Exploitation And Labor Reform In Qatar, Emma Towe
Marketing Undergraduate Honors Theses
The countries of the Gulf Cooperation Council rely on migrant workers to drive their economies and perform hard labor while simultaneously abusing these workers through the kafala (sponsorship) system. Qatar is not an exception to this rule, even as labor reforms are being implemented. When Qatar was awarded the responsibility of hosting the 2022 FIFA World Cup, an international spotlight on labor abuses followed. Although Qatar has responded by enacting labor reforms, strong evidence shows continued abuse and lax enforcement of new polices. While the economy of Qatar thrives, overworked, underpaid migrant workers, who have little to no rights, continue …
Diagnostic Featural Detection Or Filler Siphoning: A Red Box Study, Brynn Schuetter
Diagnostic Featural Detection Or Filler Siphoning: A Red Box Study, Brynn Schuetter
Psychological Science Undergraduate Honors Theses
The current study is a replication and extension of previous research by Colloff and Wixted (2020). In their study, they created a novel identification procedure called the simultaneous showup. They found support for the diagnostic feature detection theory over the filler siphoning theory. The current study was interested in seeing if covert filler siphoning was still occurring in their novel procedure by asking participants how photos of fillers influenced their identification decision. Participants of the study viewed two crime videos and completed an identification task. If they were assigned to the simultaneous showup task, they were asked if and how …
An Analysis Of The Suspect: The Impact Of Economic Conditions On Crime, Ryan Perez
An Analysis Of The Suspect: The Impact Of Economic Conditions On Crime, Ryan Perez
Economics Undergraduate Honors Theses
Every place in the world experiences a level of crime within its borders, but there is much contention as to which factors lead to crime. Economic conditions, due to their association with poverty, are frequently discussed as a possible contributors to crime rates. This analysis examines four macroeconomic variables (GDP per capita, unemployment rate, inflation rate, and interest rate) and their effect on crime rates (violent, property, and total). After thoroughly reviewing the philosophical nature of crime, the current economic conditions through the lens of the selected macroeconomic variables, and the present criminal landscape throughout the United States and the …
China's Food Pagodas: Looking Forward By Looking Back?, Yifei Li, Dale Jamieson
China's Food Pagodas: Looking Forward By Looking Back?, Yifei Li, Dale Jamieson
Journal of Food Law & Policy
In this Article we provide a close analysis of the Chinese Dietary Guidelines – the Food Pagoda. Our focus on the dietary guidelines is motivated by two main considerations. First, the guidelines represent the most comprehensive, nationwide, state sponsored effort to educate the people of China about food. Like citizens in most countries, Chinese people are presented with numerous, often competing, messages from scientists, food gurus and online influencers. The dietary guidelines are different in that they are backed by an entire suite of governmental resources for nationwide dissemination through hospitals, schools, public billboards, TV and radio ads, among others. …
The Right To Food Comes To America, Wendy Heipt
The Right To Food Comes To America, Wendy Heipt
Journal of Food Law & Policy
The people of Maine recently exercised an opportunity no citizen of this country has ever had before: the ability to vote on whether to enshrine a right to food in their state constitution. This Essay provides an overview of Maine’s experience with food rights in order to explain how the state came to occupy this unique position.
I Want You To Panic: Leveraging The Rhetoric Of Fear And Rage For The Future Of Food, Iselin Gambert
I Want You To Panic: Leveraging The Rhetoric Of Fear And Rage For The Future Of Food, Iselin Gambert
Journal of Food Law & Policy
"Humanity Is About to Kill 1 Million Species in a Globe-Spanning Murder-Suicide. Only 11 Years Left to Prevent Irreversible Damage from Climate Change." Doomsday headlines like these are terrifying. But are they enough to make us act? The causes of the current climate crisis are many, but the science is clear that the meat and dairy industry shoulders much of the blame. Given the role the animal agriculture industry plays in perpetuating the climate crisis, combined with the harms the industry imposes on the animals and workers within it, politicians and governments—given their degree of power and influence—should ostensibly be …
France's Organisme De Défense Et De Gestion: A Model For Farmer Collective Action Through Standard Development And Brand Management, Christopher J. Bardenhagen, Philip H. Howard, Marie-Odile Noziéres-Petit
France's Organisme De Défense Et De Gestion: A Model For Farmer Collective Action Through Standard Development And Brand Management, Christopher J. Bardenhagen, Philip H. Howard, Marie-Odile Noziéres-Petit
Journal of Food Law & Policy
Quality-based food production, often with a regional dimension, can provide farmers with new, value added markets. It can also provide consumers with access to place based high-quality products, and may benefit local economies through increased commerce. French Organismes de Défense et de Gestion (ODGs) illustrate a mode of quality-based agri-food business organization. ODGs focus on the development of production standards, as well as management of the intellectual property related to those standards. This mode, which is commonly used in Europe, has not often been used in the United States, despite its potential for regional food system development. The ODG mode …