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

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

Babe in the Woods: Why the Federal Rules of Evidence Should Adopt a New Hearsay Exception to Protect Children

Marlee Rowe

Child abuse is a public health problem affecting millions of children across the United States. Many states have adopted hearsay exceptions to prevent child victims of abuse from being forced to testify in front of their abusers. However, not all states provide these protections, and the exceptions vary widely from state to state. Because many states draft their rules of evidence to accord with the Federal Rules of Evidence, Congress should enact a hearsay exception on the federal level to promote uniformity and to ensure child victims of abuse are protected from further traumatization, regardless of what state they live in.

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.