Articles Law

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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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...

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Freedom to and Freedom From: A Response to Garvey and Armacost with a Tinge of Legal Perfectionism

Vol.47,
(1998),
pp 65-

In his article Control Freaks, 47 Drake L. Rev. 1 (1998), Professor John Garvey offers a controversial explanation of...

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Views: 370
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Presidential Signing Statements: How to Find Them, How to Use Them, and What They Might Mean

Vol.2006,
(2006),
pp 87-

Lawyers should be cautious when seeking guidance in statutory interpretation from presidential signing statements....

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Views: 204
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Teach Justice

Vol.43,
(2008),
pp 599-

Law schools must improve their preparation of students to practice law ethically. Current law school curricula focus on...

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Views: 630
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Revisiting a Classic: Duncan Kennedy's Legal Education and the Reproduction of Hierarchy The Ghost in the Law School: How Duncan Kennedy Caught the Hierarchy Zeitgeist but Missed the Point

Vol.55,
(2005),
pp 94-

In his manifesto, Duncan Kennedy aptly identified hierarchies within legal scholarship and the legal profession, but...

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Views: 737
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The Laws of War in the Pre-Dawn Light: Institutions and Obligations in Thucydides’ Peloponnesian War

Vol.43,
(2005),
pp 905-

This Essay, in honor of Oscar Schachter, discusses Thucydides’ account of the Peloponnesian War, not only...

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Views: 1,777
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What Oaths Meant to the Framers’ Generation: A Preliminary Sketch

Vol.2009,
(2009),
pp 273-

To the Framers’ generation, oaths of office were understood as commitments, both public and personal, which...

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Views: 694
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The Perfectionisms of John Rawls

Vol.11,
(1998),
pp 383-

John Rawls’s strict theory of perfectionism would have more appeal if it were reconstructed by balancing it with...

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Views: 992
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Eenie, Meenie, Minie, Mo... County, Court, Academic, Private—Should I Stay or Should I Go?

Vol.21,
(2009),
pp 7-

Law librarians should not fear gaining employment at a different institution’s law library. There are at least...

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A Case Study in Collaborative Technology and the Intentionally Relational Contract: Building Information Modeling and Construction Industry Contracts

(2014)

This article argues that the digital world is beginning to play a key role in moving commercial actors toward...

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“A Corporation Has No Soul”—Modern Corporations, Corporate Governance, and Involvement in the Political Process

Vol.47,
(2010),
pp 617-

  Modern-day corporations should not be granted the same first amendment privileges enjoyed by individual citizens...

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The Name of the Departed Team: Who Can Use It?

Vol.15,
(1994),
pp 1003-

  The Trademark Act of 1946, popularly known as the Lanham Act, dictates that a trademark must be used...

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The Common Law and the Constitution: John Locke and the Missing Link in Law

(2005)

  Locke's concept of rights influenced the Framers of the Constitution, which has increased the stakes in...

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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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Russia and Ukraine

Vol.43,
No.2,
(2009),
pp 1173-1188

  Despite recent calls for judicial reform by the President of the Russian Federation, Russia and other entities...

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Car Stops, Borders, and Profiling: The Hunt for Undocumented (Illegal?) Immigrants in Border Towns

Vol.89,
(2011),
pp 709-

The much-discussed Arizona immigration statute, SB 1070, continues an effort – this time at the legislative level...

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Campaign Contributions, Campaign Involvement, and Judicial Recusal

Vol.64,
(2011),
pp 103-

  A presiding judge may have to recuse himself If a person involved in a court proceeding has made contributions...

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The Lessons of My Lai

Vol.31,
(1992),
pp 73-

The Lessons of My Lai   Jeffrey F. Addicott   31 Mil. L. & L. War Rev. 73 (1992).     The...

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Medical Malpractice (Book Review)

Vol.32,
(2011),
pp 547-553

  This is a review of Medical Malpractice, by Frank Sloan and Lindsey Chepke. This superb book provides a balanced...

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Reflections on Reform of § 2254 Habeas Petitions

Reflections on Reform of § 2254 Habeas Petitions Hon. Patrick E. Higginbotham 18 Hofstra L. Rev. 1005 (1990)....

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Laurence Tribe’s Visionary Theories of the Equal Protection Clause

Laurence Tribe’s Visionary Theories of the Equal Protection Clause Hon. Patrick E. Higginbotham 4 Benchmark 125...

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Juries and the Death Penalty

Juries and the Death Penalty Patrick E. Higginbotham 41 Case W. Res. L. Rev. 1047 (1991).    ...

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Luncheon Address

Luncheon Address Hon. Patrick E. Higginbotham 57 Antitrust L.J. 627 (1988).     Of the three classic...

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Judicial Attitudes: Pylons for the Advocate

Judicial Attitudes: Pylons for the Advocate Hon. Patrick E. Higginbotham 5 Rev. Litig. 181 (1986).   ...

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Federal Trial Courts: The Changing Scene

Federal Trial Courts: The Changing Scene Patrick E. Higginbotham 21 Intl. Soc’y Barristers Q. 371 (1986)....

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Dedication

Dedication Patrick E. Higginbotham 17 Tex. Tech L. Rev. viii (1986).     During the period of July 1,...

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Introduction: A Brief Reflection on Judicial Use of Social Science Data

Introduction: A Brief Reflection on Judicial Use of Social Science Data Patrick E. Higginbotham 46 Law & Contemp...

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Bureaucracy—The Carcinoma of the Federal Judiciary

Bureaucracy—The Carcinoma of the Federal Judiciary Patrick E. Higginbotham 31 Ala. L. Rev. 261 (1980).  ...

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How to Try a Jury Case: A Judge’s View

How to Try a Jury Case: A Judge’s View Patrick E. Higginbotham 7 Litig. J. 8 (Fall 1980).    ...

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Freedom to and Freedom From: A Response to Garvey and Armacost with a Tinge of Legal Perfectionism

Vol.47,
(1998),
pp 65-

In his article Control Freaks, 47 Drake L. Rev. 1 (1998), Professor John Garvey offers a controversial explanation of...

Rating:
0
Votes:
Views: 370
Comments:

Presidential Signing Statements: How to Find Them, How to Use Them, and What They Might Mean

Vol.2006,
(2006),
pp 87-

Lawyers should be cautious when seeking guidance in statutory interpretation from presidential signing statements....

Rating:
0
Votes:
Views: 204
Comments:

Teach Justice

Vol.43,
(2008),
pp 599-

Law schools must improve their preparation of students to practice law ethically. Current law school curricula focus on...

Rating:
0
Votes:
Views: 630
Comments:

Revisiting a Classic: Duncan Kennedy's Legal Education and the Reproduction of Hierarchy The Ghost in the Law School: How Duncan Kennedy Caught the Hierarchy Zeitgeist but Missed the Point

Vol.55,
(2005),
pp 94-

In his manifesto, Duncan Kennedy aptly identified hierarchies within legal scholarship and the legal profession, but...

Rating:
0
Votes:
Views: 737
Comments:

The Laws of War in the Pre-Dawn Light: Institutions and Obligations in Thucydides’ Peloponnesian War

Vol.43,
(2005),
pp 905-

This Essay, in honor of Oscar Schachter, discusses Thucydides’ account of the Peloponnesian War, not only...

Rating:
0
Votes:
Views: 1,777
Comments:

What Oaths Meant to the Framers’ Generation: A Preliminary Sketch

Vol.2009,
(2009),
pp 273-

To the Framers’ generation, oaths of office were understood as commitments, both public and personal, which...

Rating:
0
Votes:
Views: 694
Comments:

The Perfectionisms of John Rawls

Vol.11,
(1998),
pp 383-

John Rawls’s strict theory of perfectionism would have more appeal if it were reconstructed by balancing it with...

Rating:
0
Votes:
Views: 992
Comments:

Eenie, Meenie, Minie, Mo... County, Court, Academic, Private—Should I Stay or Should I Go?

Vol.21,
(2009),
pp 7-

Law librarians should not fear gaining employment at a different institution’s law library. There are at least...

Rating:
0
Votes:
Views: 374
Comments:

Prelude to the Future of Shale Gas Development: Well Spacing and Integration for the Fayetteville Shale in Arkansas

Vol.49,
(2010),
pp 457-

The Fayetteville Shale Development has been successful because of the “reasonableness” standard used to...

Rating:
0
Votes:
Views: 788
Comments:

Car Stops, Borders, and Profiling: The Hunt for Undocumented (Illegal?) Immigrants in Border Towns

Vol.89,
(2011),
pp 709-

The much-discussed Arizona immigration statute, SB 1070, continues an effort – this time at the legislative level...

Rating:
0
Votes:
Views: 485
Comments:

Freedom to and Freedom From: A Response to Garvey and Armacost with a Tinge of Legal Perfectionism

Vol.47,
(1998),
pp 65-

In his article Control Freaks, 47 Drake L. Rev. 1 (1998), Professor John Garvey offers a controversial explanation of...

Rating:
0
Votes:
Views: 370
Comments:

Presidential Signing Statements: How to Find Them, How to Use Them, and What They Might Mean

Vol.2006,
(2006),
pp 87-

Lawyers should be cautious when seeking guidance in statutory interpretation from presidential signing statements....

Rating:
0
Votes:
Views: 204
Comments:

Teach Justice

Vol.43,
(2008),
pp 599-

Law schools must improve their preparation of students to practice law ethically. Current law school curricula focus on...

Rating:
0
Votes:
Views: 630
Comments:

Revisiting a Classic: Duncan Kennedy's Legal Education and the Reproduction of Hierarchy The Ghost in the Law School: How Duncan Kennedy Caught the Hierarchy Zeitgeist but Missed the Point

Vol.55,
(2005),
pp 94-

In his manifesto, Duncan Kennedy aptly identified hierarchies within legal scholarship and the legal profession, but...

Rating:
0
Votes:
Views: 737
Comments:

The Laws of War in the Pre-Dawn Light: Institutions and Obligations in Thucydides’ Peloponnesian War

Vol.43,
(2005),
pp 905-

This Essay, in honor of Oscar Schachter, discusses Thucydides’ account of the Peloponnesian War, not only...

Rating:
0
Votes:
Views: 1,777
Comments:

What Oaths Meant to the Framers’ Generation: A Preliminary Sketch

Vol.2009,
(2009),
pp 273-

To the Framers’ generation, oaths of office were understood as commitments, both public and personal, which...

Rating:
0
Votes:
Views: 694
Comments:

The Perfectionisms of John Rawls

Vol.11,
(1998),
pp 383-

John Rawls’s strict theory of perfectionism would have more appeal if it were reconstructed by balancing it with...

Rating:
0
Votes:
Views: 992
Comments:

Eenie, Meenie, Minie, Mo... County, Court, Academic, Private—Should I Stay or Should I Go?

Vol.21,
(2009),
pp 7-

Law librarians should not fear gaining employment at a different institution’s law library. There are at least...

Rating:
0
Votes:
Views: 374
Comments:

Prelude to the Future of Shale Gas Development: Well Spacing and Integration for the Fayetteville Shale in Arkansas

Vol.49,
(2010),
pp 457-

The Fayetteville Shale Development has been successful because of the “reasonableness” standard used to...

Rating:
0
Votes:
Views: 788
Comments:

Car Stops, Borders, and Profiling: The Hunt for Undocumented (Illegal?) Immigrants in Border Towns

Vol.89,
(2011),
pp 709-

The much-discussed Arizona immigration statute, SB 1070, continues an effort – this time at the legislative level...

Rating:
0
Votes:
Views: 485
Comments:
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