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

Criminal Law

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 […]

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.

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]

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 […]

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 […]

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. […]

Animal Cruelty Laws in Arkansas in the Wake of Act 33 (S.B. 77): An Overview of the New State Animal Cruelty Legislation and Its Possible Effect on City Animal Cruelty Ordinances

After several years, multiple proposed versions, and heated public and political debate, Arkansas now has new felony and misdemeanor animal cruelty legislation with the passage of Act 33 (Senate Bill 77) in early 2009. Prior to this, Arkansas was one of four remaining states in the […]

Help Wanted: Seeking One Good Appellate Brief That Forces the Arkansas Supreme Court to Clarify Its Criminal Discovery Jurisprudence

Assume a prosecutor here in Arkansas is interested in prosecuting a bank officer for fraud. He has little evidence against the officer, Smith, but a cooperating witness claims to know Smith and offers to help. This witness, Jones, has already been charged with four […]

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 […]