Arkansas Law Review

Arkansas Law Notes

We are proud to present the new Arkansas Law Notes online edition. This new online version of Law Notes will continue to focus on Arkansas legal developments but with a greater focus on breaking legal news. For example, the current, launch edition features a column by Professor Howard Brill, "Migrating Lawyers," discussing a recent Arkansas Supreme Court decision. You can expect more perspective on the Supreme Court in future editions, as well as articles and notes from professors, students, and practitioners. This new online format continues the rich tradition of Arkansas Law Notes. You can find its history and submission guidelines here.

Article

When Justice Should Precede Generosity: The Case Against Charitable Immunity In Arkansas

Courtney Baltz

The doctrine of charitable immunity prevents charitable institutions, including non-profit hospitals, from being held liable for negligent conduct. Arkansas was one of the first states to recognize the doctrine and is now one of the few remaining states to uphold it. This Comment urges Arkansas to abandon a doctrine that is incompatible withthe realities of modern healthcare.

Article

Taff v. State: The Logical Albeit Delayed Conclusion to the Legislature’s 2013 Amendments to Arkansas’s Carrying-a-Weapon Statute

Michael Kiel Kaiser and Andrew P. Thornton

Far from announcing any sort of “constitutional carry” revolution, the decision in Taff v. State merely affirmed the clear language of the legislature’s 2013 amendment to the statute defining the crime of carrying a weapon. Taff is no more a Second Amendment case than Arkansas a Canadian province. Rather than legislating its preferred path regarding the right to carry — constitutional or otherwise — the Arkansas General Assembly chose political expediency over substantive change. Far from clarifying Arkansas’s gun laws as the resolutions intended, these resolutions only further muddied the already murky depths of Arkansas law regarding the carrying of weapons.

Short Piece

Migrating Lawyers

Howard W. Brill

Coaches switch teams; players transfer to another university; executives move to another corporation; fast food workers make hamburgers at a different franchise. But lawyers find it more difficult to switch law firms. However, a 2018 decision of the Arkansas Supreme Court has clarified the rules.