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.

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The Arkansas Code and Georgia v. Public.Resource.Org

Daniel Bell

The United States Supreme Court decided Georgia v. Public.Resource.Org, Inc. (“PRO”) in late April, 2020, a case with major implications for those who rely on the Arkansas statutes. The case addressed whether extra materials Georgia includes in its official statutes, the annotations, can be copyrighted, or if they are in the public domain and can be freely distributed without permission. The case pitted two important competing interests against each other: the ability of citizens to freely access the official versions of laws of their state, versus the interests of a third-party publisher in being compensated for its work. Arkansas produces its code in a process which is nearly identical to Georgia’s. Also, like the fact situation in PRO, the organization Public.Resource.Org (“PRO”) maintains a free copy of the Arkansas code on the internet without the State’s permission. This article will examine PRO and look at how the ruling might apply to Arkansas’s own official code.

Article

An Open Governor’s Seat, Open Constitutional Question, and the Need for an Answer

Samuel Steele McLelland & James R. Baxter

Another election cycle always means a renewal of fresh lawsuits and legal questions, and 2022 is no exception. the announcement of Sarah Huckabee Sanders’s run for Governor of Arkansas reignites an interesting aspect of Arkansas’s Constitution: must a candidate for Governor live in the State of Arkansas for seven consecutive years, immediately preceding taking office? A final ruling by the Arkansas Supreme Court will give clarity and stability going forward for the most important elected position in the state.

Heads up! Arkansas has a new LLC Act

Carol Goforth

This short piece points out some basic information about the Arkansas ULLCA and some of the major changes in Arkansas law applicable to LLCs. While lawyers will obviously need to consult the new statute when actual issues arise, this article should at least provide a "heads up" notice to practitioners with LLCs or their members and managers as clients.