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University of Arkansas, Fayetteville

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Articles 31 - 45 of 45

Full-Text Articles in Other Law

Barred From Every Angle: Ninety Days To Save Your Life From Arkansas Prisons, Lindsay Mast Mar 2025

Barred From Every Angle: Ninety Days To Save Your Life From Arkansas Prisons, Lindsay Mast

Arkansas Law Review

Charlie Vaughn has been incarcerated since 1991 in Arkansas’s Tucker Unit maximum security prison, serving a life sentence for a first-degree murder he did not commit. His actual innocence is simply irrelevant in the State of Arkansas due to strict adherence to procedural court filing rules. He has only been denied without opinion or procedurally barred. Despite both state and federal constitutional protections safeguarding liberty and freedom through various rights, including to counsel, to remain silent, a speedy trial, a jury of peers, and due process, wrongful convictions persist. Arkansas stands out among other top incarceration rate states as one …


Infiltrating The Black Box: Expanding The No-Impeachment Rule To Protect Defendants From Pervasive Juror Bias, Jordan Whitfield Jan 2025

Infiltrating The Black Box: Expanding The No-Impeachment Rule To Protect Defendants From Pervasive Juror Bias, Jordan Whitfield

Arkansas Law Review

In the United States, a criminal defendant is entitled to “a fair trial but not a perfect one, for there are no perfect trials.” However, defendants are also guaranteed the right to an impartial jury. While perfection within a jury is “an untenable goal,” a system that allows for juror bias during deliberations to go undetected threatens a defendant’s most crucial constitutional rights. Thus, when juror bias threatens to interfere with a defendant’s rights to a fair trial and impartial jury, there is a prevalent need for the judicial system to step in and mitigate the effects of juror bias. …


All Stalk And No Action: A Proposal For Arkansas Gps Stalking Legislation, Erin Wadley Jul 2024

All Stalk And No Action: A Proposal For Arkansas Gps Stalking Legislation, Erin Wadley

Arkansas Law Notes

The expanding availability of GPS and internet of things (IoT) devices has equipped abusers with more tools to intensify and broaden the scope of domestic abuse tactics, “threatening the progress advocates have made in the past thirty years and creating novel dangers for survivors.” These devices “allow abusers to overcome geographic and spatial boundaries that would have otherwise prevented them from monitoring, controlling, harassing, and threatening survivors.” Thus, this Comment strongly urges the Arkansas State Legislature to enact a law to protect victims, provide justice, and preventatively deter the tracking of private citizens through GPS tracking while being broad enough …


Recent Developments, Bethany A. Michau Jul 2024

Recent Developments, Bethany A. Michau

Arkansas Law Review

Recent Developments in Arkansas Law


Toxic Love: Mandating Standards In Arkansas’S Domestic Violence Laws, Alia B. Reddell May 2024

Toxic Love: Mandating Standards In Arkansas’S Domestic Violence Laws, Alia B. Reddell

Arkansas Law Review

This Comment addresses the current scheme of domestic violence statutes, highlighting the inadequate state of domestic violence remedies and the ineffective law enforcement guidelines currently in place; it argues that the Arkansas State Legislature is in need of reforming its domestic violence policies. This recommendation is three-fold and proposes that Arkansas should abandon its current discretionary regime and adopt: (1) mandatory arrest policies; (2) statutory post-arrest procedures; and (3) mandatory prosecutorial policies to effectively protect domestic violence survivors. Part I will discuss the various types of domestic violence arrest statutes. Further, this Part will briefly highlight the significance of an …


Recent Developments, John A. "Jack" Curtis Mar 2024

Recent Developments, John A. "Jack" Curtis

Arkansas Law Review

Recent Developments in Arkansas Law


Hiding In Plain Sight: How Corporations Can Save The National Park Service, Emily H. Rector Mar 2024

Hiding In Plain Sight: How Corporations Can Save The National Park Service, Emily H. Rector

Arkansas Law Review

Since its inception, the privatization of the National Park Service has been a concern amongst conservationists. Recently, the topic gained more attention as the Trump Administration advocated for privatizing certain aspects of the parks. The dual purpose of the National Park Service, that of conservation and recreational efforts, has created conflict throughout the years. This Comment argues that Congress should update how the National Park Service manages concessioners. Full privatization is not needed, nor do private companies need to be kicked out of the parks. Part II of this Comment will present a history of the National Park Service, focusing …


Recent Developments, Houston Downes Jan 2024

Recent Developments, Houston Downes

Arkansas Law Review

Recent Developments in Arkansas Law


Just Because They Say It: Does The U.S. Really Have The “First-Ever Comprehensive Framework” For Digital Assets?, Carol R. Goforth Jan 2024

Just Because They Say It: Does The U.S. Really Have The “First-Ever Comprehensive Framework” For Digital Assets?, Carol R. Goforth

Arkansas Law Review

On March 9, 2022, President Biden made history by signing an Executive Order on Ensuring Responsible Development of Digital Assets. On September 16, 2022, the White House released a fact sheet proclaiming that it had produced the “First Ever Comprehensive Framework for Responsible Development of Digital Assets,” based on nine reports stemming from the Executive Order. This Article is divided into two main parts. Part one reviews the reports received by the White House, explaining what they address while pointing out open issues for which no particular direction is established. Part two assesses regulatory gaps in the crypto space in …


Rescaling City Property, Amnon Lehavi Apr 2023

Rescaling City Property, Amnon Lehavi

Arkansas Law Review

This Article seeks to identify the growing tension between the contemporary physical and digital reality of cities across the world and the formal, often archaic, body of norms that governs city powers and duties vis-à-vis different types of persons and corporations: locals, non-local residents of the same nation-state, and foreigners. The nation-state’s continuing dominance, both in the domestic division of power across various legal systems and in the international arena, often results in a systemic mismatch.


The Legal Contribution To Democratic Disaffection, Brian Christopher Jones Feb 2023

The Legal Contribution To Democratic Disaffection, Brian Christopher Jones

Arkansas Law Review

This Article proceeds in three main parts. Part II describes the origins and definitions of democratic disaffection and questions why the law may have been marginalized when studying the phenomenon. Part III explores the different possible relationships between law, politics, and democratic disaffection by looking at both how courts may contribute to but also counter disaffection. Part IV articulates some of the democratic distancing measures the law has engaged in over the past few decades and questions whether such distancing may be stopped. The Article concludes by suggesting that law should acknowledge and accept its impact on democratic disaffection, and …


Losing The Veepstakes: How The Contemporary Vice Presidencies Of Mike Pence And Kamala Harris Renew The Case For Vice-Presidential Independence, Jace Motley Feb 2023

Losing The Veepstakes: How The Contemporary Vice Presidencies Of Mike Pence And Kamala Harris Renew The Case For Vice-Presidential Independence, Jace Motley

Arkansas Law Review

The concept of an independent American vice presidency is nothing new, and historians and scholars have wrestled with the idea at length. In fact, one of the central debates around the adoption of the Twelfth Amendment—the constitutional amendment that requires separate electoral votes for President and Vice President—was the degree of political independence that the Constitution should afford the vice presidency. Over the past two centuries, multiple attempts have been made to address the office’s shortcomings, as evidenced by the fact that nearly twenty-three percent of the post-Bill of Rights amendments to the Constitution have either directly or indirectly implicated …


Hitting The Wall: The Next Step In Addressing The Pink Tax, Danielle A. Essary Feb 2023

Hitting The Wall: The Next Step In Addressing The Pink Tax, Danielle A. Essary

Arkansas Law Review

For thirty-some-odd years, scholars and consumer advocates have called for the elimination of gender-based price discrimination, also known as the “Pink Tax.” Efforts to address this issue have included studies demonstrating the phenomenon’s existence, social movements incited to garner public support for the cause, consumer attempts to bring the issue before courts in hopes of judicial intervention, and legislative undertakings at both the state and federal level to craft legislation prohibiting the practice. Yet, gender-based price discrimination has proven evasive of regulation, outside the scope of judicial reach, and difficult to isolate in terms of hard proof. Even agreeing on …


Recent Developments, Houston Downes Feb 2023

Recent Developments, Houston Downes

Arkansas Law Review

Recent Developments in Arkansas Law Vol 75 N4


Caveat Venditor: Products Liability And Genetically Modified Foods, Kristopher A. Isham May 2006

Caveat Venditor: Products Liability And Genetically Modified Foods, Kristopher A. Isham

Journal of Food Law & Policy

Genetically modified organisms (GMOs) have become a lightning rod for conflict between farmers, corporations, shareholders, government agencies, and other concerned groups. Supporters tout GMOs as a solution to the problems of diminishing returns from traditional crop plants and the rising demand for greater quantities of food. Opponents criticize GMOs for potential toxic and allergic reactions in humans, loss of biodiversity, and pesticide and antibiotic resistance in other plants and insects. As the understanding of potential applications of biotechnology broadens, the risks and benefits of such products are being scrutinized more closely.