Arkansas Law Review

Vol. 71, No.1


Incapacity and the Infancy Illation

Ralph C. Brashier

As the population of elderly Americans swells in coming decades, growing numbers of citizens will experience some degree of cognitive incapacity and require the assistance of surrogate decision-makers. Until we acknowledge and examine our biases and prejudices about age and incapacity, we as surrogate decision-makers will continue to make unfortunate choices for those whom we seek to assist, regardless of definitional changes in decision-making statutes and standards.


What Does Law Have to Do With It? The Jury’s Role in Cases Alleging Violations of Law, Custom, and Standards

Barbara Kritchevsky

This Article argues that the doctrine of negligence per se should narrow in reach and become more flexible in operation better to accord with the jury’s current role in tort litigation. A better course of action would be to return to history and to again equate violations of law and custom as the law has developed— by treating violations of law as evidence of negligence, not neg- ligence in itself.


Moral Context and Risks of Death

Dov Waisman

While a number of prominent scholars have vigorously endorsed the "value of a statistical life" (VSL) as necessary to the cost-benefit analysis of mortality risk regulations, other prominent scholars have vehemently rejected the very idea of attaching a monetary value to a statistical human life. This article stakes out a novel and more nuanced position based on a largely neglected aspect of mortality risk regulation: moral context.


Admission of Deaf Soldiers to the Military: Rethinking the “Undifferentiated Soldier” Paradigm

Michael Schwartz

Keith Nolan, a deaf man with undergraduate and graduate degrees, asked to be admitted to military training to become a uniformed American soldier. The military said no, and the issue was joined. Nolan’s application presents the Department of Defense (DOD) with an opportunity to reconsider its historical bar to people who are deaf. This article suggests a new paradigm in thinking about the selection criteria used to screen out deaf applicants for military service, a paradigm rooted in a disability studies framework.


Rights in a Cloud of Dust: The Value and Qualities of Farm Data and How Its Property Rights Should be Viewed Moving Forward

Zachary R. Trail

Historically, technology growth has been slower in agriculture than other industries. However, a rising demand for food and an increase in efficient farm practices has changed this, leading to a rise in precision farming technologies. Now, entities that provide services or information to farmers need precision farming technologies to compete, and more farmers are adopting precision farming technologies. These technologies help farmers, but questions still remain about ownership rights in the data that farmers create.