Articles Law

Transfers of Property Between Spouses and Former Spouses—An Overview of Income Tax Issues and a Suggested Analytical Approach to Such Issues

Vol.1990,
(1990),
pp 1-

The flexibility a spouse or former spouse has over the tax consequences of  transferring cash or property depends...

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Ake v. Oklahoma and an Indigent Defendant’s ‘Right’ to an Expert Witness: A Promise Denied or Imagined?

Vol.10,
(2002),
pp 401-

The Government must provide an indigent defendant any tools necessary to prepare an adequate defense. If an indigent...

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The Civil Justice Reform Act and the Empty Chair

Vol.2003,
(2003),
pp 67-

While current tort laws in Arkansas have moved towards protecting a tortfeasor defendant, they have made plaintiffs and...

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Views: 487
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Ethics and the Arkansas Pro Bono Lawyer

Vol.46,
No.WTR,
(2011),
pp 14-

Arkansas faces a critical need for the provision of legal services to people with limited financial means. Statistics...

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Views: 395
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Things to Know Before You Go to Juvenile Court in Arkansas

Vol.2010,
(2010),
pp 25-

Juvenile Law is a niche practice. Attorneys new to the juvenile justice system should recognize that a command of the...

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Views: 384
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Understanding Risk Assessment in Arkansas Juvenile Court: Tips for the Practitioner in a Time of Change

Vol.2009,
(2009),
pp 109-

The juvenile justice system in Arkansas has changed substantially in the past century. Recently, the legislature has...

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Views: 305
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Officials' Obligations to Children: The Perfectionist Response to Liberals and Libertarians, or Why Adult Rights are Not Trumps Over the State Duty to Ensure Each Child's Education

Vol.3,
(2005),
pp 809-

Lawmakers must care more to educate children than to cater to their parents.  While parents and the state both...

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Views: 304
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An Informal History of How Law Schools Evaluate Students, With a Predictable Emphasis on Law School Exams

Vol.26,
(1997),
pp 657-

This story of the evolution of legal evaluations from the seventeenth century to the close of the twentieth depicts...

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Views: 582
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The State Interest in the Good Citizen: Constitutional Balance Between the Citizen and the Perfectionist State

Vol.45,
(1994),
pp 969-

Judges must have flexibility when responding to the changing norms of justice in society, but they must also maintain...

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Views: 247
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Caperton, Due Process, and Judicial Duty: Recusal Oversight in Patrons’ Cases

Vol.64,
(2011),
pp 113-

In celebration of the life of Judge William E. Enfield, this article discusses the necessity of granting all litigants...

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Views: 335
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Step Out of the Car: License, Registration, and DNA Please

Vol.62,
(2009),
pp 475-

  No Arkansas appellate court has examined the constitutionality of the recently enacted House Bill 1473 –...

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The Trans-Atlantic Slave Trade: A Legacy Establishing a Case for International Reparations

Vol.3,
No.2,
(2013),
pp 147-202

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Using Mandates and Incentives to Promote Sustainable Construction and Green Building Projects in the Private Sector: A Call for More State Land Use Policy Initiatives

Vol.112,
(2008),
pp 731-

  Earlier this year, the United Nations released Buildings and Climate Change, which reports that 30-40% of all...

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Land Use Impact Fees: Does Koontz v. St. Johns River Water Management District Echo an Arkansas Philosophy of Property Rights?

(2014),
pp 1-14

The takings clause of the Arkansas Constitution declares that “the right of property is before and higher than...

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The Credit Card Act of 2009—What Is It, and What Does It Do?

Vol.2010,
(2010),
pp 65-

  The Credit Card Accountability Responsibility and Disclosure Act of 2009 (“the Credit CARD Act”) is...

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Shareholder Lawsuits: Where Is the Line Between Legitimate and Frivolous?

Vol.CGRP29,
No.November 27, 2012,
(2012),
pp 1-9

  Shareholder Lawsuits: Where Is the Line Between Legitimate and Frivolous? [PDF] Authors: Professor...

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Equal Sentences for Unequal Participation: Should the Eighth Amendment Allow All Juvenile Murder Accomplices to Receive Life Without Parole?

Vol.87,
(2009),
pp 29-

  No court has addressed the constitutional significance of sentencing juvenile murder accomplices who play a...

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A Step-By-Step Guide to Chapter 7 Consumer Bankruptcy in Arkansas from the Debtor's Perspective

Vol.2009,
(2009),
pp 183-

With record levels of unemployment in Arkansas contributing to rising bankruptcy filings, the increased demand for...

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The Model Registered Agents Act - A Word (or two) to the Wise

Vol.2008,
(2008),
pp 43-

  The 2007 Model Registered Agents Act (“the Act”), combined with statutory amendments and repeals,...

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Jury, Liberty, and Decay

(2013)

The jury is an ancient institution for the protection of an individuals’ liberty against wrongful accusation or...

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A Reflection on Furman

A Reflection on Furman Patrick E. Higginbotham 34 Am. J. Crim. L. 199 (2007).     Much of the legal...

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Mahon Lecture

Mahon Lecture Hon. Patrick E. Higginbotham, U.S. Fifth Circuit Judge 12 Tex. Wesleyan L. Rev. 501 (2006).  ...

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Judge Robert A. Ainsworth, Jr. Memorial Lecture, Loyola University School of Law: So Why Do We Call Them Trial Courts?

Judge Robert A. Ainsworth, Jr. Memorial Lecture, Loyola University School of Law: So Why Do We Call Them Trial Courts...

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A Few Thoughts on Judicial Supremacy: A Response to Professors Carrington and Cramton

A Few Thoughts on Judicial Supremacy: A Response to Professors Carrington and Cramton Hon. Patrick E. Higginbotham 94...

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Conference: Civil Justice and the Litigation Process: Do the Merits and the Search for Truth Matter Anymore? Panel One: Class Action Litigation

Conference: Civil Justice and the Litigation Process: Do the Merits and the Search for Truth Matter Anymore?  ...

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The Continuing Dialogue of Federalism

The Continuing Dialogue of Federalism Patrick E. Higginbotham 45 U. Kan. L. Rev. 985 (1997).    ...

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Judges and Journalists: Defusing Tensions and Building Relationships

Judges and Journalists: Defusing Tensions and Building Relationships Mark Curriden & Hon. Patrick E. Higginbotham...

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In Memoriam—Phil Burleson, Sr.: A Remembrance

In Memoriam—Phil Burleson, Sr.: A Remembrance Patrick E. Higginbotham 37 S. Tex. L. Rev. 9 (1996).  ...

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In Memoriam: Irving L. Goldberg Memorial

In Memoriam: Irving L. Goldberg Memorial Patrick E. Higginbotham 73 Tex. L. Rev. 973 (1995).    ...

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Notes on Teague

Notes on Teague Patrick E. Higginbotham 66 S. Cal. L. Rev. 2433 (1993).     For many people Teague v....

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The Civil Justice Reform Act and the Empty Chair

Vol.2003,
(2003),
pp 67-

While current tort laws in Arkansas have moved towards protecting a tortfeasor defendant, they have made plaintiffs and...

Rating:
0
Votes:
Views: 487
Comments:

Ethics and the Arkansas Pro Bono Lawyer

Vol.46,
No.WTR,
(2011),
pp 14-

Arkansas faces a critical need for the provision of legal services to people with limited financial means. Statistics...

Rating:
0
Votes:
Views: 395
Comments:

Things to Know Before You Go to Juvenile Court in Arkansas

Vol.2010,
(2010),
pp 25-

Juvenile Law is a niche practice. Attorneys new to the juvenile justice system should recognize that a command of the...

Rating:
0
Votes:
Views: 384
Comments:

Understanding Risk Assessment in Arkansas Juvenile Court: Tips for the Practitioner in a Time of Change

Vol.2009,
(2009),
pp 109-

The juvenile justice system in Arkansas has changed substantially in the past century. Recently, the legislature has...

Rating:
0
Votes:
Views: 305
Comments:

Officials' Obligations to Children: The Perfectionist Response to Liberals and Libertarians, or Why Adult Rights are Not Trumps Over the State Duty to Ensure Each Child's Education

Vol.3,
(2005),
pp 809-

Lawmakers must care more to educate children than to cater to their parents.  While parents and the state both...

Rating:
0
Votes:
Views: 304
Comments:

An Informal History of How Law Schools Evaluate Students, With a Predictable Emphasis on Law School Exams

Vol.26,
(1997),
pp 657-

This story of the evolution of legal evaluations from the seventeenth century to the close of the twentieth depicts...

Rating:
0
Votes:
Views: 582
Comments:

The State Interest in the Good Citizen: Constitutional Balance Between the Citizen and the Perfectionist State

Vol.45,
(1994),
pp 969-

Judges must have flexibility when responding to the changing norms of justice in society, but they must also maintain...

Rating:
0
Votes:
Views: 247
Comments:

Caperton, Due Process, and Judicial Duty: Recusal Oversight in Patrons’ Cases

Vol.64,
(2011),
pp 113-

In celebration of the life of Judge William E. Enfield, this article discusses the necessity of granting all litigants...

Rating:
0
Votes:
Views: 335
Comments:

Disciplinary Evolution and Scholarly Expansion: Legal History in the United States

by Stephen Sheppard, Michael H. Hoeflich,
Vol.54,
(2006),
pp 23-

The study and teaching of legal history has flourished in the last few decades in the United States. This progression...

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0
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Views: 902
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First Priority? The Neglect of Rural Development by Federal Agencies, and How Arkansas Could Respond

Vol.2004,
(2004),
pp 103-

Rural areas are given first priority as prospective locations for new federal facilities pursuant to the Rural...

Rating:
0
Votes:
Views: 327
Comments:

The Civil Justice Reform Act and the Empty Chair

Vol.2003,
(2003),
pp 67-

While current tort laws in Arkansas have moved towards protecting a tortfeasor defendant, they have made plaintiffs and...

Rating:
0
Votes:
Views: 487
Comments:

Ethics and the Arkansas Pro Bono Lawyer

Vol.46,
No.WTR,
(2011),
pp 14-

Arkansas faces a critical need for the provision of legal services to people with limited financial means. Statistics...

Rating:
0
Votes:
Views: 395
Comments:

Things to Know Before You Go to Juvenile Court in Arkansas

Vol.2010,
(2010),
pp 25-

Juvenile Law is a niche practice. Attorneys new to the juvenile justice system should recognize that a command of the...

Rating:
0
Votes:
Views: 384
Comments:

Understanding Risk Assessment in Arkansas Juvenile Court: Tips for the Practitioner in a Time of Change

Vol.2009,
(2009),
pp 109-

The juvenile justice system in Arkansas has changed substantially in the past century. Recently, the legislature has...

Rating:
0
Votes:
Views: 305
Comments:

Officials' Obligations to Children: The Perfectionist Response to Liberals and Libertarians, or Why Adult Rights are Not Trumps Over the State Duty to Ensure Each Child's Education

Vol.3,
(2005),
pp 809-

Lawmakers must care more to educate children than to cater to their parents.  While parents and the state both...

Rating:
0
Votes:
Views: 304
Comments:

An Informal History of How Law Schools Evaluate Students, With a Predictable Emphasis on Law School Exams

Vol.26,
(1997),
pp 657-

This story of the evolution of legal evaluations from the seventeenth century to the close of the twentieth depicts...

Rating:
0
Votes:
Views: 582
Comments:

The State Interest in the Good Citizen: Constitutional Balance Between the Citizen and the Perfectionist State

Vol.45,
(1994),
pp 969-

Judges must have flexibility when responding to the changing norms of justice in society, but they must also maintain...

Rating:
0
Votes:
Views: 247
Comments:

Caperton, Due Process, and Judicial Duty: Recusal Oversight in Patrons’ Cases

Vol.64,
(2011),
pp 113-

In celebration of the life of Judge William E. Enfield, this article discusses the necessity of granting all litigants...

Rating:
0
Votes:
Views: 335
Comments:

Disciplinary Evolution and Scholarly Expansion: Legal History in the United States

by Stephen Sheppard, Michael H. Hoeflich,
Vol.54,
(2006),
pp 23-

The study and teaching of legal history has flourished in the last few decades in the United States. This progression...

Rating:
0
Votes:
Views: 902
Comments:

First Priority? The Neglect of Rural Development by Federal Agencies, and How Arkansas Could Respond

Vol.2004,
(2004),
pp 103-

Rural areas are given first priority as prospective locations for new federal facilities pursuant to the Rural...

Rating:
0
Votes:
Views: 327
Comments:
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