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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

Government Practice

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.

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.

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.

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.

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 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.

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. […]

The Model Registered Agents Act – A Word (or two) to the Wise

In 2007, Arkansas became one of the very first states to adopt the Model Registered Agents Act, (the “Act”), a piece of model legislation that had recently been proposed by the National Conference of Commissioners on Uniform State Laws (“NCCUSL”) and the American Bar Association (the “ABA”). […]

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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