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.
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Arkansas Law Notes
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.
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 […]
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.
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.
This article submits two main arguments. 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.
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.. 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 […]
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.
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.
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. In response to the problem, the Arkansas legislature enacted the Arkansas Criminal Gang, Organization, or Enterprise Act.
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 […]
Delaware is known as “The First State” for its primacy in adopting the United States Constitution in 1787. 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. 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.
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”).
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.
Two cases are mentioned here that came down in May 2012 from the Supreme Court. The first case, Hall, is important if you have a client with appreciated property who is in financial stress. The second case, Radlax Gateway Hotel, is relevant if your client is a secured creditor who wishes to credit bid in a bankruptcy auction organized by the debtor. Since you might represent the debtor or the creditor in bankruptcy both cases might be of interest. Hall is more likely to come into your life, perhaps. It will be discussed first.
This essay, written for readers unfamiliar with the details of American health law and policy, portrays the essential features of the battle for health reform in the United States and of the law that survived the battle: the Patient Protection and Affordable Care Act (PPACA). The essay summarizes key aspects of the U.S. health care system and how it compares in terms of costs and results with other advanced nations’ systems.
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.
The following is an excerpt from the author’s blog: In Vance v. Ball State University, a 5-4 decision authored by Justice Alito and delivered on June 24, 2013, the U.S. Supreme Court held that, for the purpose of determining an employer’s liability […]
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 […]
From School Of Law (SOL) To Plain Old SOL: How The Bar Exam, Jobs Market, Bankruptcy Code And A Cup Of Coffee Made It Difficult For One Law Graduate Seeking To Find A Way Out Of Debt
Lord, have mercy on the poor man!1 “How many roads must a man walk down before they will call him a man?”2 Michael Hedlund spent more than a decade trying to eliminate student loan obligations he struggled unsuccessfully to repay.In […]
What purpose is served by the execution of duplicate original wills? Presumably the primary reason for doing this is to have a properly executed original to offer for probate if the other original is misplaced. With this purpose in mind, the testator may keep one of the originals while the other is held by a third party, usually the drafting attorney. Is this purpose accomplished?
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