Law Notes

Reports to the Arkansas Bar by the Faculty of the University of Arkansas School of Law.

School of Law
1045 W. Maple St.
Robert A. Leflar Law Center
Waterman Hall
University of Arkansas
Fayetteville, AR 72701

Phone: (479) 575-5601

Articles written by

John Norwood

John Norwood is a member of the adjunct faculty of the University of Arkansas School of Law and is Professor and Nolen E. Williams Lecturer in Accounting in the Walton College of Business.

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.

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.

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 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.

Money, Money, Money: Banks, Customers, and the Writing of Checks — a Practitioner’s Primer

If money makes the world go round, and checks are a simple and commonly used means of passing money from one party to another, it follows that checks also make the world go round. And yet many Arkansas lawyers have […]

Gambling in Arkansas in the Post Lottery Environment

On November 4, 2008, the voters of the state of Arkansas amended the state constitution to permit the institution of a state lottery. Arkansas thereby became the 43rd state with a state lottery. Previously, the general assembly enacted legislation which legalized bingo when conducted by charitable entities. […]

Non Compete Agreements in Arkansas: Can They Be Enforced?

It is not uncommon for employers to insist that certain of their employees sign “non compete” agreements1 as a condition of their being hired or as a condition of their continued employment. Such agreements typically prohibit an employee (after he or she is no longer […]

The At-Will Doctrine Twenty Years After Gladden and Sterling Drug

Few legal doctrines are as well embedded in Arkansas law as the “at will” doctrine. The doctrine, as is well known, states that where an employee is hired for no specific period of time the term of employment is at will, permitting either the employer […]

“Hi ho, hi ho, it’s off to work we go:” The 1993 Arkansas Workers’ Compensation Code and the “Performing Work” Doctrine

In 1993 the Arkansas General Assembly enacted a new workers’ compensation code. This law (Act 796) made major revisions to Arkansas law, especially with regards to whether or not a worker’s injury was covered by workers’ compensation. The new law stated that there was […]