Arkansas Law Review

Arkansas Law Review Archive

Volume 70, Number 4 (2018)


Solving Sewer Service: Fighting Fraud with Technology

Adrian Gottshall

Citation Literacy

Alexa Z. Chew

First-Generation Students in Law School: A Proven Success Model

Jacqueline M. O'Bryant and Katharine Traylor Schaffzin

Framing Failure in the Legal Classroom: Techniques for Encouraging Growth and Resilience

Kaci Bishop

Originalism’s Claims and Their Implications

André LeDuc


Low-Income Fathers, Adoption, and the Biology Plus Test for Paternal Rights

Lacey Johnson

Volume 70, Number 3 (2018)



Jessica M. Kiser

Fostering Innovation and Entrepreneurship: Shark Thank Shouldn't be the Model

Brian Kingsley Krumm

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

Bobbi Jo Boyd

The Holding-Dictum Spectrum

Andrew C. Michaels


Zika, pregnancy, and the Law

Sam F. Halabi

Civil Society and Cybersurveillance

Andrew McCanse Wright


Improving the Indigent Defense Crisis Through Decriminalization

Bryan Altman

Volume 70, Number 2 (2017)


Eleven Years of Lethal Injection Challenges in Arkansas

Julie Vandiver

Should Death Be So Different?: Sentencing Purposes and Capital Jury Decisions in an Era of Smart on Crime Sentencing Reform

Jelani J. Exum

Chasing Justice: The Monumental Task of Undoing a Capital Conviction and Death Sentence

Jennifer L. Givens

Death Beyond a Reasonable Doubt

Janet C. Hoeffel

Keep Tinkering: The Optimist and the Death Penalty

Susan D. Rozelle

The Coming Federalism Battle in the War over the Death Penalty

Michael J. Zydney Mannheimer

Capital Punishment: The Great American Paradox

A. M. Stroud III

Death Row Conditions Through an Environmental Justice Lens

Andrea C. Armstrong


Food with Integrity?: How Responsible Corporate Officer Prosecutions Under the Federal Food, Drug, and Cosmetic Act Deny Fair Warning to Corporate Officers

Clay D. Sapp

Volume 70, Number 1 (2017)


A Deliberate Departure: Making Physician-Assisted Suicide Comfortable for Vulnerable Patients

Browne Lewis

Protecting the Viability of the Small Donor in Modern Elections

Ben Miller

Why Kindergarten Is Too Late: The Need for Early Childhood Remedies in School Finance Litigation

Kevin Woodson

Arkansas Open Carry: Understanding Law Enforcement’s Legal Capability Under a Difficult Statute

J. Harrison Berry

Recent Developments

Daisy C. Karlson


How to Combat Prenatal Substance Abuse While Also Protecting Pregnant Women: A Legislative Proposal to Create an Appropriate Balance

Kyle Kennedy

Volume 69, Number 4 (2017)


Holier Than You and Me: ‘Religious Liberty’ Is the New Bully Pulpit and Its New Meaning Is Endangering Our Way of Life

Marsha B. Freeman

Freedom from Detention: The Constitutionality of Mandatory Detention for Criminal Aliens Seeking to Challenge Grounds for Removal

Darlene C. Goring

What Good Is Religious Freedom? Locke, Rand, and the Non-Religious Case for Respecting It

Tara Smith

Arkansas, Meet Tarasoff: The Question of Expanded Liability to Third Persons for Mental Health Professionals

J. Thomas Sullivan


Putting the Heart Back in the Heartland: Regional Land Bank Initiatives for Sustainable Rural Economies

Ron Johnson

Recent Developments

Recent Developments for Volume 69, Number 4

Daisy C. Karlson

Volume 69, Number 3 (2016)

The Hartman Hotz Lecture

History and Constitutional Interpretation: Some Lessons from the Vice Presidency

Joel K. Goldstein


The Law Demands Process for Rehomed Children

Sally Terry Green

Utilitarianism and Wealth Transfer Taxation

Jennifer Bird-Pollan

The Trouble with the Curve: Manufacturer and Surgeon Liability for “Learning Curves” Associated with Unreliably-Screened Implantable Medical Devices

Frank Griffin, M.D., J.D.

Good, Bad and Wrongful Juvenile Sex: Rethinking the Use of Statutory Rape Laws Against the Protected Class

Dr. Anna High


Nutrient Water Quality Trading: A Market-Based Solution to Water Pollution in the Natural State

Nathan Finch

Recent Developments

Recent Developments, Volume 69, Number 3

Daisy C. Karlson

Volume 68, Number 2

Symposium Issue: Seventy-Fifth Anniversary of the Arkansas Conservation Act


The Evolution of Oil and Gas Conservation Law and the Rise of Unconventional Hydrocarbon Production

Owen L. Anderson

Symposium Articles

Rules Done Right: How Arkansas Brought Its Oil and Gas Law into a Horizontal World

Thomas A. Daily

Unitization: A Partial Solution to the Issues Raised by Horizontal Well Development in Shale Plays

Bruce M. Kramer

What the Frack? Judicial, Legislative, and Administrative Responses to a New Drilling Paradigm

Patrick H. Martin

The History of Oil and Gas Conservation Legislation in Arkansas

Phillip E. Norvell

Rights and Conflicts Among Surface Owners, Mineral Owners, and Lessees in Arkansas: Comparing Sticks in the Bundle

G. Alan Perkins

Developing a Correlative Rights Doctrine to Accommodate Development of Oil and Gas in Arkansas

David E. Pierce

Fieldwide Unitization

Strudwick Marvin Rogers


Casting Pearls Before Swine: How the Buffalo River Incarnates the Gap in Wild and Scenic Legislation

Micah Goodwin

Back to the Basics: Restoring Fundamental Tort Principles by Abolishing the Professional-Rescuer’s Doctrine

Cristen C. Handley

Case Note

“CAFA-nated”: A Jittery Interpretation of Forum Selection in Standard Fire Insurance Co. v. Knowles

Jessica K. Pruitt

Recent Developments

Recent Developments for Volume 68, Issue 2

Britta Palmer Stamps

Volume 68, Number 1


Pamela J. Meanes

Tracie R. Porter

Everett Bellamy


Tracie R. Porter

Victoria C. Duke

Symposium Essays

Seeking Educational Equality in the North: The Integration of the Hillburn School System

Peter C. Alexander

Education in Black America: Is It the New Jim Crow?

Ellen Marrus

The School-to-Prison Pipeline: The Business Side of Incarcerating, Not Educating, Students in Public Schools

Tracie R. Porter

Symposium Articles

“Law Is Coercion”: Revisiting Judicial Power to Provide Equality in Public Education

Jose’ Felipe’ Anderson

Stereotype and School Pushout: Race, Gender, and Discipline Disparities

Janel A. George

The Battle for Brown

Linda Sheryl Greene

How to Fulfill a Broken Promise: Revisiting and Reaffirming the Importance of Desegregated Equal Educational Access and Opportunity

Regina Ramsey James

Militarization of School Police: One Route on the School-to-Prison Pipeline

Bethany J. Peak

Volume 67, Number 4 (2014)


A Case Study in Collaborative Technology and the Intentionally Relational Contract: Building Information Modeling and Construction Industry Contracts

Carl J. Circo

“Danger Is My Business”: The Right to Manufacture Unsafe Products

Richard C. Ausness


“Schoolhouse Block”: Why the Arkansas Public School Choice Act Should Be Improved but Not Eliminated

Brinkley Beecher Cook-Campbell

“That’s Just Pillow Talk, Baby”: Spousal Privileges and the Right to Privacy in Arkansas

Philip A. Elmore

Does Father Know Best? Arkansas’s Approach to the “Thwarted” Putative Father

Tiffany N. Godwin

Fired for Being Gay: Should Arkansas Ban This Form of Discrimination?

Brittany Renai King

The Wait for Counsel

Britta Palmer Stamps

Forging a New Breed: The Emergence of Veterans’ Preference Statutes Within the Private Sector

Michael D. Sutton

Recent Developments

Recent Developments

Britta Palmer Stamps

Volume 67, Number 3 (2014)


Good Faith and Reasonable Expectations

Jay Feinman

Lost and Found: David Hoffman and the History of American Legal Ethics

Michael Ariens


Are Landlords the New Police?: The Unintended Consequences of the Arkansas Residential Landlord-Tenant Act’s Access Provision

Jason Paul Bailey

High Crimes, Treason, and Chicken Theft: “Infamous Crimes” in Arkansas and Disqualification from Political Office

Michael K. Goswami

ABCs and AR-15s: Arming Arkansas’ Teachers

Thomas Christoph Keller

Case Notes

Kimbrell v. McCleskey: Rethinking the Constitutional Equality Requirement for Funding Arkansas’s Public Schools

Mark A. Fritsche

A Problematic Procedure: The Struggle for Control of Procedural Rulemaking Power

Austin A. King

Legislative Note

Hugh Jazz Supports the Scholarship Lottery: The Arkansas General Assembly Wrecks the Right to Ballot Initiative with Act 1413

Lauren G. Summerhill

Recent Developments

Recent Developments

Britta Palmer Stamps

Volume 67, Number 2 (2014)

The Hartman Hotz Lecture

Antipoverty in Constitutional Law: Some Recent Developments

Frank I. Michelman


Muddying the Waterfall: How Ambiguous Liability Statutes Distort Creditor Priority in Condominium Foreclosures

Andrea J. Boyack & William E. Foster

The Arkansas Deceptive Trade Practices Act: The Arkansas Supreme Court Should Adopt the Specific-Conduct Rule

Nathan Price Chaney


Ethics, Legal Ethics, and the Classical Tradition

Leon Holmes


Corporate Self-Representation: Is It Truly the Unauthorized Practice of Law?

Suzannah R. McCord

Case Notes

State v. Tyson: Rendering Rule 13.2(c)(iii) of the Arkansas Rules of Criminal Procedure Ineffective at Guarding the Privacy Interests It Historically Protected

Linda K. Bird

Foreign Corporation Registration and the Ability to Perform Non-Judicial Foreclosures in Arkansas in Light of JPMorgan Chase Bank v. Johnson

Emily C. Goins

Legislative Notes

A Proposal for a Voter-Identification Law Limiting Voter Disenfranchisement

Brandon Whit Maxey

Hundred-Dollar Handshakes, Million-Dollar Lawsuits: Act 1324—Providing a Civil Right of Action by Arkansas Universities for Losses Resulting from NCAA Violations

Graham C. Talley

Recent Developments

Recent Developments

Mark James Chaney