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

He Got the Car, She Got the... Future Kids? The Necessity of Contemporaneous Consent in Certain Embryo Custody Disputes

Taryn Bewley

New reproductive technology has created new questions that lawmakers must answer. Do surrogates have a right to the babies they deliver? Is it right to genetically select your future children? Should people be allowed to continually make embryos until they make an embryo of a girl—as Paris Hilton has done through seven rounds of IVF? Will legal analysis be changed by the possibility of making an embryo with genetic material from two members of the same sex? Yet, perhaps the most basic question has yet to truly be answered: if an embryo’s creators cannot come to an agreement, who gets the embryo? As no clear answer exists across the country to this question, this Comment will propose Arkansas implement a contemporaneous consent approach, requiring both parties to come to mutual agreement before an embryo may be used to attempt to have a child.

Article

All Stalk and No Action: A Proposal for Arkansas GPS Stalking Legislation

Erin Wadley

The expanding availability of GPS and internet of things (IoT) devices has equipped abusers with more tools to intensify and broaden the scope of domestic abuse tactics, “threatening the progress advocates have made in the past thirty years and creating novel dangers for survivors.” These devices “allow abusers to overcome geographic and spatial boundaries that would have otherwise prevented them from monitoring, controlling, harassing, and threatening survivors.” Thus, this Comment strongly urges the Arkansas State Legislature to enact a law to protect victims, provide justice, and preventatively deter the tracking of private citizens through GPS tracking while being broad enough to encompass future advances of IoT device tracking and cyberstalking. The Arkansas State Legislature should consider the following: preventing abusers from taking advantage of current and future technology to harm victims, including smart-home capabilities; implementing educational initiatives to educate legislators and the community about the safety risks of those who abuse technology; other areas of cyberstalking such as revenge porn; and lastly, exceptions for legal uses of GPS devices. Finally, while a federal approach is worth evaluating , this Comment will solely focus on Arkansas, because it does not have legislation preventing this conduct.

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.