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

Ethics Of Artificial Intelligence For Lawyers: I’m Sorry Dave, I’m Afraid I Can’t Do That: Competence, Confidentiality, And Communication

Cliff McKinney

In Stanley Kubrick’s 2001: A Space Odyssey, the spaceship’s onboard computer, HAL, calmly refuses to follow the astronaut’s command with the chilling words, “I’m sorry, Dave, I’m afraid I can’t do that.” HAL’s response has become a cultural shorthand for what happens when human expectations collide with machine limitations. The line endures because it captures the chilling reality that machines may appear capable, but they cannot always be trusted to act in ways humans expect or need. This installment explores three pillars of Formal Opinion 512: competence, confidentiality, and communication. These pillars focus on what lawyers need to understand about artificial intelligence, how they must safeguard client information when using these new tools, and when they are required to disclose its use to clients.

Ethics of Artificial Intelligence for Lawyers: Shall We Play a Game? The Rise of Artificial Intelligence and the First Cases

Cliff McKinney

In the 1983 movie WarGames, a young computer hacker accidentally accesses a United States military supercomputer programmed to run nuclear war simulations. Four decades after WarGames, lawyers are now facing similar challenges of learning to use and communicate with artificial intelligence––hopefully without destroying the world. Artificial intelligence tools, such as ChatGPT, Claude, and Gemini, are quickly being incorporated into legal practice. These systems can draft documents, perform analysis, and support other legal tasks. While lawyers adjust to these new technologies, courts and regulatory authorities are actively developing appropriate frameworks to guide and supervise the use of these tools within the sector.

Reflections on Teaching the Rule of Law: An Essay

Christopher R. Kelley

This Essay reflects on a Rule of Law course taught at the University of Arkansas School of Law since 2009, exploring its evolution and purpose over fifteen years. Moving beyond a historical survey of the rule of law and debates about its meaning, the course integrates diverse disciplines such as psychology, economics, and current events to cultivate lawyer professionalism through a rule of law lens. Central to the course is a focus on corruption—its causes, consequences, and cures—with professionalism presented as a key antidote, and an emphasis on helping students define what the rule of law means to them and why it matters, encouraging a personal and professional commitment to upholding it. This Essay includes guidance for others seeking to design similar courses, while tracing how this specific course came to incorporate a sustained focus on corruption alongside the rule of law.