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

Phone: (479) 575-5601

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University of Arkansas School of Law

Arkansas Law Notes

Administrative Law

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.

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.

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.

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 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]

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 […]

Put the Arkansas Construction Lien Notice Statute Out of Its Misery

When I arrived at the School of Law a few years ago, I had a revealing conversation with the first practicing lawyer to whom I mentioned my Construction Law class.  “Well, then,” said my new acquaintance, “you must be the fellow who can explain […]

The Law of Computer Trespass: Cyber Security or Virtual Entrapment?

Ever use someone else’s wireless Internet connection? After booting up your computer, you see that all-familiar message inviting you to partake of a nearby wireless Internet signal. No password needed: just click the box and you’ll enter the information superhighway. Somewhere nearby, some digital […]

The Forum Defendant Rule in Arkansas

For those of us interested in or practicing in commercial civil litigation, removal of a case from state court to federal court is a regular event. It also is an important strategic event for defendants because of perceived tactical advantages of a federal […]

How Does the Arkansas Trust Code Affect Real Estate Transactions?

The Arkansas Trust Code (ATC) has been in effect since September 1, 2005. In addition to Arkansas, 18 other states, plus the District of Columbia, have enacted versions of the Uniform Trust Code. This is a remarkable result for a uniform law first […]

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