Carl J. Circo Introduction A striking and unusual premise launches the takings clause of the Arkansas Constitution of 1874: “The right of property is before and higher than any constitutional sanction; and private property shall not be taken, appropriated or […]
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Arkansas Law Notes
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Open Carry in Arkansas—An Ambiguous Statute
Sometimes the legislature—well—screws up. It might put language into a statute that has unintended consequences, or language that has two possible interpretations, or language that seems clear but might lead to absurd results. When the legislature drafts unclear criminal statutes, especially those involving guns, the mistakes can have serious consequences.
A Fun Primer on WIPO, ICANN, and the Uniform Domain Name Dispute Resolution Policy
In the early days (pre 21st century) trademark owners and famous entertainers, athletes and celebrities were often victimized by the misappropriation of their names by villains who used a famous mark or name as part of a domain name.
Death and Injury by Delay: Hidden Harm and EMTALA’s Reverse Dumping Provision
by Dr. Robert C. Patton, M.D. The following is an excerpt from the abstract of the author’s article, both of which are posted on the The Arkansas Journal of Social Change and Public Service: This paper reflects on the Emergency Medical […]
Open Carry in Arkansas—An Ambiguous Statute
Sometimes the legislature—well—screws up. It might put language into a statute that has unintended consequences, or language that has two possible interpretations, or language that seems clear but might lead to absurd results. When the legislature drafts unclear criminal statutes, especially those involving guns, the mistakes can have serious consequences.
Does Proving Predicate Offenses in Arkansas Require Proof Beyond a Reasonable Doubt?
Gangs in Arkansas became an increasing problem in the 1990s. A 1994 HBO-produced documentary titled Gang War: Bangin’ in Little Rock confirmed as much by taking viewers inside the death and destruction caused by warring gang factions.[1] In response to the problem, the Arkansas legislature enacted the Arkansas Criminal Gang, Organization, or Enterprise Act.[2]
The Credit CARD Act of 2009 – Four Years Later
The Credit Card Accountability Responsibility and Disclosure Act of 2009 (the “Credit CARD Act”), was signed into law by President Obama on May 22, 2009. As described by the Senate Report, its purpose was “to implement needed reforms and help […]
The (Limited) Allure of Delaware
Delaware is known as “The First State” for its primacy in adopting the United States Constitution in 1787.[2] More recently, Delaware has become the first state of U.S. corporations, despite being the second smallest state in terms of territory and the sixth least populous state.[3] Why is Delaware the most attractive jurisdiction for incorporation? This piece will discuss the unique blend of law, institutions, and reputation that have combined to make Delaware the most sought after jurisdiction for corporate enterprise, and will consider what that means for Arkansas legal practitioners and lawmakers.
The Legal Guide to the Bill Emerson Good Samaritan Food Donation Act
Food waste and food insecurity are both very real and very large problems in the United States. Nonprofit organizations have identified these problems and have attempted to address them through food recovery. However, the perceived threat of liability has prevented many potential food donors from participating in these programs. State governments sought to encourage food recovery efforts by providing varying degrees of liability protection to those participating in food recovery efforts. However, the varied approaches by the states failed to provide the uniformity and certainty that businesses desire.
SEC Lifts Ban on General Solicitation, Adopts “Bad Actor” Rules and Proposes Changes to Regulation D and Form D
On July 10, 2013, the Securities Exchange Commission (“SEC”) adopted and released a number of highly anticipated amendments to Rule 506 of Regulation D of the Securities Act of 1933, as amended, that (i) effectively lift the ban on general solicitation and general advertising of securities in certain private offerings under Rule 506, as mandated by Section 201(a) of the Jumpstart Our Business Startups Act (the “JOBS Act”), and (ii) disqualify securities offerings involving certain “bad actors” from relying on the exemption under Rule 506, as mandated by Section 926 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank”).[2]
Trademark Protection and the Internet from Ancient Times to the Present Day
This paper will focus on the use of trademarks on the internet, particularly as a component of a domain name. This history of trademark law and the internet is traced from ancient times (defined as pre 21st century) to the present day.
The Supreme Court and Capital Gains Taxes in Bankruptcy and Credit Bidding in Cramdown Auctions
Two cases are mentioned here that came down in May 2012 from the Supreme Court. The first case, Hall, is important if you have a client with appreciated property who is in financial stress.[1] The second case, Radlax Gateway Hotel, is relevant if your client is a secured creditor who wishes to credit bid in a bankruptcy auction organized by the debtor.[2] Since you might represent the debtor or the creditor in bankruptcy both cases might be of interest. Hall is more likely to come into your life, perhaps. It will be discussed first.
Reform of the United States Health Care System: An Overview
This essay, written for readers unfamiliar with the details of American health law and policy, portrays the essential features of the battle for health reform in the United States and of the law that survived the battle: the Patient Protection and Affordable Care Act (PPACA). The essay summarizes key aspects of the U.S. health care system and how it compares in terms of costs and results with other advanced nations’ systems.
The Splendid Mystery of the Lost Lottery Ticket
In July of 2011 a woman (“Winner”) purchased an Arkansas lottery ticket at a convenience store in Beebe, Arkansas. Believing that the ticket was a loser she tossed the ticket into a trash bin inside the store. Not long thereafter another woman (“Finder”) scooped up the contents of the trash bin and later discovered that one of the tickets was a winner in the amount of $1 million. The Arkansas Lottery Commission issued her a check for $680,000 (her after tax share of the prize). After learning of what had transpired Winner claimed that she was the true owner of the winning ticket, and hence that the prize was hers.
SCOTUS Adopts a Workable Definition of “Supervisor” Under Title VII
The following is an excerpt from the author’s blog: In Vance v. Ball State University, a 5-4 decision authored by Justice Alito and delivered on June 24, 2013, the U.S. Supreme Court held that, for the purpose of determining an employer’s liability […]
The Impact of the 2012 National Mortgage Settlement’s Servicing Standards
In February 2012, after a lengthy investigation, the attorneys general of forty-nine states (all but Oklahoma), the District of Columbia and the federal government reached an agreement with five large banks and mortgage servicers to address widespread problems in the […]
Applicability of Proposed Food Safety Modernization Act Rules to Farmers
As part of its implementation of the Food Safety Modernization Act (FSMA), on January 16, 2013, the US Food and Drug Administration (FDA) published two proposed regulations that will significantly impact farmers. Many farmers, especially those with smaller operations, may […]
From School Of Law (SOL) To Plain Old SOL: How The Bar Exam, Jobs Market, Bankruptcy Code And A Cup Of Coffee Made It Difficult For One Law Graduate Seeking To Find A Way Out Of Debt
Lord, have mercy on the poor man!1 “How many roads must a man walk down before they will call him a man?”2 Michael Hedlund spent more than a decade trying to eliminate student loan obligations he struggled unsuccessfully to repay.In […]
Questioning the practice of executing duplicate original wills
What purpose is served by the execution of duplicate original wills? Presumably the primary reason for doing this is to have a properly executed original to offer for probate if the other original is misplaced. With this purpose in mind, the testator may keep one of the originals while the other is held by a third party, usually the drafting attorney. Is this purpose accomplished?
Professor Gallini explores whether sentencing a juvenile accomplice who played a minimal role in a homicide to life without the possibility of parole is cruel and unusual punishment
The University of Arkansas’s Research Frontiers online magazine recently featured a story about University of Arkansas law professor Brian Gallini. The story focused on Professor Gallini’s visionary research into the United States Supreme Court’s precedent concerning the United States Constitution’s […]
Letter from Taldykorgan
Dear Reader,
I write to you from Taldykorgan, Kazakhstan. The largest of the “stans,” Kazakhstan extends from the Caspian Sea to China. To the north is Russia; to the south are Turkmenistan, Uzbekistan, and Kyrgyzstan. Kazakhstan dominates Central Asia – spin the Google Earth globe east, stay west of China, point your curser mid-continent, and Kazakhstan will appear before you.
Search Incident to an Arrest or a Stop: Has the United States Supreme Court Brought Clarity to a Problematic Area of the Court’s Jurisprudence?
This is a portion of the substantive law source to Carlton Bailey’s 7th Chapter for his upcoming book, Model Problems and Outstanding Answers – Criminal Procedure. A. Search of the “Person” The United States Supreme Court has held that a […]
Counterfeit Checks — What Rules Should Cover These?
Let’s start with the facts of a Seventh Circuit case, Wachovia Bank, N.A. v. Foster Bancshares, Inc. Last year I wrote to say we in Arkansas should not follow an Ohio case. Here I argue that we should not follow the reasoning of a Seventh Circuit case. Even worse, part of its reasoning is used in an earlier Texas case. I would think that Arkansas courts would follow cases from the Seventh Circuit and the Texas Court of Appeals. I hope they do not. What follows are some arguments you can use to try and convince a court not to follow either of these cases. I guess I have a bit of chutzpah!
Go Figure
The Supreme Court last January decided that a Chapter 13 debtor with above the median income could not deduct car expenses under the IRS rules when he did not owe any debt on the car. This case is important for us because the Court of Appeal for the Eighth Circuit had ruled the other way allowing the deduction.
A Review of Piercing the Veil Cases in Arkansas
Piercing the veil is an equitable doctrine developed at common law, which under certain circumstances allows a court to order that the separate legal existence of a business entity be disregarded. Originally, the doctrine was designed to allow creditors and […]
An Overview of the Juvenile Justice and Delinquency Prevention Act and the Valid Court Order Exception
The Juvenile Justice and Delinquency Prevention Act (JJDPA) is a landmark piece of federal legislation that created massive reform and continues to set best practices for the care and custody of children involved in the juvenile system. Last approved by […]
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