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

Crowdfunding in Arkansas? Yes, you can!

Carol R. Goforth

Following the enactment of the JOBS Act in 2012, the Securities Exchange Commission adopted Regulation CF, designed to facilitate crowdfunding for emerging businesses by offering an exemption from the usual registration requirement imposed by federal securities laws. The stringent requirements associated with that exemption has made it relatively unpopular, but for businesses based in Arkansas seeking to raise funds only from Arkansans, there is another alternative. This brief article examines the Arkansas crowdfunding regulation and compares it to the federal exemption.

Article

Say What You Mean! How Arkansas Courts Are Contradicting the Default Rule of Tenancy in Common

Joel Hutcheson

In 2015, the Arkansas Court of Appeals ruled that a warranty deed with the grantees listed as “Herbert Love and Gloria Love” vested the property in a tenancy by the entirety. There was no language in the deed designating the grantees as a married couple. The problem with this holding is that it goes against a very old and widely held property rule that recognizes the default form of ownership to be a tenancy in common. It is important for the grantees to expressly declare what kind of ownership they want to take because the outcomes for each can be very different.

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.