Introduction Eviction is a useful tool for both landlords and the general public. However, every eviction story also involves a tenant. Consider the following situations: Somewhere in rural Arkansas, a pair of farmers have been disputing the ownership and rental payments […]
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Arkansas Law Notes
I understand C and S Corporations, but what are B Corporations?
I was teaching Business Lawyering Skills one Saturday morning, with the assistance of a distinguished guest speaker who has helped me before with my experiential learning class. In the midst of her presentation about various resources that might be available […]
An End to Business as Usual: Adopting an Independent Redistricting Commission in Arkansas
Redistricting in Arkansas is a flawed system that is inherently partisan, and it has negatively impacted voters through vote dilution and partisan politics. Therefore, Arkansas should adopt an independent redistricting commission that would be made up of a diverse group of citizens who would take over redistricting responsibilities from elected officials.
Blue Penciling Noncompete Agreements in Arkansas and the Need for a Public Policy Exception
In today’s workplace environment, there is increasing pressure for employees to sign noncompete agreements. Depending on a state’s laws or noncompete jurisprudence, these agreements may or may not be enforceable, regardless of the presence of overbroad language that may be harmful to employees. As employers seek to protect their business interests, more businesses are using noncompete agreements to assert control over employees at all levels of the business employment structure. This means that these agreements will restrict the mobility of even low-wage employees, unless otherwise stated.
It’s All Or Nothing: Preserving Errors For Arkansas Appeals
Litigators desiring an appeal must first receive a trial-court ruling. The specificity of trial-court rulings has recently caused problems for some in Arkansas’s appellate courts, and litigators would be wise to understand the current state of the law on this topic.
The Next Half-Century: Ways For the EEOC To Improve On How It Does What It Does
Because a comprehensive discussion of each potential avenue for improvement is simply not feasible, this note will focus on two specific aspects of the EEOC process: investigation and conciliation. Specifically, it will discuss the ways in which increased transparency and direct contact between EEOC investigators and the parties could streamline both processes, lead to speedy resolution, and ultimately benefit everyone involved.
Contemplating the Future of EEO Law: Will the ADEA Continue To Protect Age Equality? Father Time Will Tell…
While the Age Discrimination in Employment Act (the Act) is widespread, this paper briefly highlights its history and will offer points of contemplation of the future effectiveness of the Act for plaintiffs in light of a heightened burden of proof and an aging work population.
Paying the Price for Injustice: The Case for Enacting a Wrongful Conviction Compensation Statute in Arkansas
“[I]f, in spite of [the] practical precautions against error, an innocent man is convicted of a crime, and it is later established that he had no connection with it, the least that the state can do to vindicate itself is to […]
Selected Construction Contract Clauses: From the Routine to the Cutting Edge
This article discusses nine topics that present special challenges for attorneys negotiating and drafting construction contracts. Most of these involve standard issues that come up in practically every construction project. A few involve developments that are just beginning to attract the special attention of the construction bar.
Trading With Cuba: What is in it for Agribusinesses in Arkansas?
Without doubt, food and agricultural products will feature strongly in Cuba’s unfolding trade relations with the West and the rest of the world. With U.S. Secretary of Agriculture Tom Vilsack predicting that U.S. trade with Cuba could rebound from its current $300 million to close to $500 million, agribusinesses in Arkansas stands to benefit. Although U.S. businesses already export some food and agricultural products to Cuba, normalized trade relations with the island nation has the potential to significantly boost economic exchanges between the two countries. This paper offers an assessment of the potential role of food and agriculture in Cuba’s external trade and foreign investment considerations.
Governor Hutchinson’s Trade Mission to Cuba: Key Legal and Policy Developments that the Arkansas Business Community Should be Aware Of
This article provides a broad overview of the state of play in the U.S.-Cuba diplomatic relations starting from December 17, 2014, when the landmark change in policy was announced. Subsequent articles will assess the implications of normalized trade relations with Cuba for food and agricultural companies in Arkansas, provide more detailed analysis of relevant regulations from the U.S. Department of State (“State Department”), the U.S. Department of Commerce (“Commerce”) and the U.S. Department of the Treasury (“Treasury”), and will offer more robust analysis of the legal aspects of a potential U.S.-Cuba trade and investment. Subsequent articles will also take a closer look at the risks involved in investing in Cuba and how businesses in Arkansas can mitigate those risks if and when they are allowed to enter the Cuban market. An analysis of the factors that prompted U.S.-Cuba rapprochement is beyond the scope of this article.
Teaching in a Summer Abroad Program
I am aware that some of my colleagues, and certainly some students and probably some of our alumni and other members of the practicing bar, regard this kind of program as a grand boondoggle and an opportunity for students to earn law school credit for travel abroad, with little “real” work involved, not to mention an opportunity for faculty members to travel at the institution’s expense. That could not be further from the truth!
Shannon v. Wilson and the Arkansas Dramshop Act of 1999
On January 28, 1995 two young men (both age thirteen) were passengers in a Ford pickup truck driven by another young man age sixteen. The three of them drove up to a drive through window of a liquor store in Fayetteville, Arkansas and purchased a six pack of beer as well as a six pack of malt liquor. They were not asked to provide any proof of age. Sometime later the party stopped at a pool hall in St. Paul, where the sixteen year old exited the vehicle. The remaining boys stayed in the vehicle drinking the rest of the liquor. Eventually they departed. Shortly after 9:00 PM the Arkansas State Police were notified of an accident in Madison County. Upon their arrival at the scene they observed a pickup truck which had left the road, hit a fence, a telephone pole, and finally came to rest after hitting a tree. The two occupants were pronounced dead on the scene.
Chapter 12 Bankruptcy: Family Farm Restructuring
This overview of Chapter 12 Bankruptcy is written to provide an introduction to the basic Chapter 12 process, highlighting some of the issues that distinguish it from other types of bankruptcy and explaining how it may be useful to family […]
The Arkansas “mini-RFRA” is bad policy
This article submits two main arguments.[5] First, it posits that the passage of a State “mini-RFRA” bill intensifies the necessity for an amendment to the Arkansas Civil Rights Act to provide Statewide prohibitions against discrimination in housing, employment, and places of public accommodation on the bases of sexual orientation, gender identity, and gender expression.
Defalcation by a Fiduciary – A New Standard
I am writing about a bankruptcy case from the Supreme Court. This changes cases from the Eighth Circuit and this is why I am discussing it. The case is Bullock v. BankChampaign.[1]. The issue concerns whether a debt is dischargeable when the debtor obtains a bankruptcy discharge. The phrase in the Bankruptcy Code is “defalcation by a fiduciary”. If the fiduciary has done this, the debt is not discharged. This issue does not come up frequently, but when it comes up, this is an important change.
Land Use Impact Fees: Does Koontz v. St. Johns River Water Management District Echo an Arkansas Philosophy of Property Rights?
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 […]
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]
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