Arkansas Law Review

Vol. 70, No.3

Brandright

Jessica M. Kiser

Trademark law is guilty of overprotection. This overprotection pits both a company’s in-house attorneys against its own marketing professionals and the company itself against its most loyal customers. The result appears illogical, at best, to consumers witnessing the effects of this clash between a company’s marketing needs and perceived legal requirements.

Article

Do it in the Sunshine: A Comparative Analysis of Rulemaking Procedures and Transparency Practices of Lawyer-Licensing Entities

Bobbi Jo Boyd

Regulation of occupational licensing has garnered national attention. During the last sixty years, the number of occupations regulated by governmental entities has notably increased. As the number of regulated occupations increases, employment opportunities and wages for individuals who cannot afford or otherwise meet licensing requirements decrease.

Article

The Holding-Dictum Spectrum

Andrew C. Michaels

Presumably, the terms holding and dictum have some objective meaning. One would not say, “I do not agree with this statement, so it is dictum.” One might say, “This statement is dictum, so it is not binding.” So what, then, is dictum? More specifically, to what extent does the breadth of a generalization affect its status as holding or dictum?

Essay

Zika, pregnancy, and the Law

Sam F. Halabi

The public health emergency surrounding the spread of the Zika virus has resurrected and brought into sharp relief some of the most vexing questions surrounding the relationship between pregnancy and law: the appropriate circumstances, if any, in which fetal tissue research is permissible; when and how the government may sponsor statements intended to influence reproductive decisions; and how to balance the health and rights of both women and their unborn children when health threats target both.

Essay

Civil Society and Cybersurveillance

Andrew McCanse Wright

There is no such thing as benign surveillance. It always comes with costs because of the chill it visits upon conduct, education, associations, and expression. Government surveillance has been magnified by cybersurveillance in the Digital Age to a degree unimaginable by the Founders of the United States of America.

Comment

Improving the Indigent Defense Crisis Through Decriminalization

Bryan Altman

“The Sixth Amendment stands as a constant admonition that if the constitutional safeguards it provides be lost, justice will not still be done.” The constitutional right to the assistance of counsel in criminal prosecutions is one of the many safeguards contained within the Sixth Amendment designed to protect the fundamental human rights of life and liberty. Unfortunately, for indigent defendants that safeguard of life and liberty operates as a mere platitude today. Stephen Bright, founder of the Southern Center for Human Rights, has bleakly summarized the crisis of indigent defense, noting that while the right to counsel is widely celebrated, it is not actually observed with equal force.