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Bowen Law Repository: Scholarship & Archives

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    Content Posted in 2015

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    1955-2004 Statistical Data Regarding Federal Courts, The Federal Judicial Center

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    19 Tips from 19 Years on the Appellate Bench, Patricia M. Wald

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    2010: A Second Odyssey into Arkansas Land-Use Law, Buckley W. Bridges

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    50 More Years of CLEO Scholars: The Past, the Present, and a Vision for the Future, Michael Hunter Schwartz

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    84th General Assembly, Herschel W. Cleveland Speaker of the House

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    Abandoning Law Reports for Official Digital Case Law, Peter W. Martin

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    About Coincidence, Nancy Bellhouse May

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    A Brief Moment of Opportunity: The Effects of the Economic Downturn on the Delivery of Legal Services to the Poor, Joanne Martin and Stephen Daniels

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    Abrogation of Surety's Right of Discharge on Release of the Principal Obligor Under Revised Article 3: A Creditor's Tool for Maximizing Self-Interest, Sarah Howard Jenkins

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    A Capsule Biography of Joseph T. Sneed, III, Rollins S. Emerson

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    A Case For a Bill Recognizing Primary Assumption of Risk as Limiting Liability for Persons and Providers Who Take Part in Sports & Recreational Activities, J. Russell VerSteeg

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    Accommodating Spouses: Regulation B and Revised Article 3-the Suretyship Law Complication, Sarah Howard Jenkins

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    A Chilly Reception at the Court, David J. Bederman

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    A Closer Look at Unpublished Opinions in the United States Courts of Appeals, Michael Hannon

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    A Critical Assessment of the Cultural and Institutional Roles of Appellate Courts: The Second Edition of Appellate Courts: Structures, Functions, Processes and Personnel, Paul D. Carrington

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    A Dedication to Dean William H. Bowen, Paula J. Casey

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    Adverse Possession and Boundary by Acquiescence in Arkansas: Some Suggestions for Reform, Lynn Foster and J. Cliff McKinney II

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    Advice from Justice Jackson, D. P. Marshall Jr.

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    Advocacy at Its Best: The Views of Appellate Staff Attorneys, Joseph C. Merling

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    Advocacy before the United States Supreme Court, Robert H. Jackson

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    A Favorite, Nancy Bellhouse May

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    A Few Thoughts on the Importance of an Independent Judiciary, Robert E. Hirshon

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    Affairs of the Heart, Michael T. Flannery

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    A Firm Foundation for Life after the Bench, Vincent L. McKusick

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    A First Argument in the Tradition of Many, Beth S. Brinkmann

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    A Foreword - The Ben J. Altheimer Symposium: Reframing Public Service Law: Innovative Approaches to Integrating Public Service into the Legal Profession, Chanley Painter

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    Agenda Setting in the Courts of Appeals: The Effect of Ideology on En Banc Rehearings, Phil Zarone

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    A Judicial Secretary's Many Roles: Working with an Appellate Judge and Clerks, Stephen L. Wasby

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    A License to Lie, Cheat, and Steal? Restriction or Elimination of Fiduciary Duties in Arkansas Limited Liability Companies, Frances S. Fendler

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    All Mixed Up about Mixed Questions, Randall H. Warner

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    All Right, Retired Judges, Write!, Ruggero J. Aldisert

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    A Look Back, Nancy Bellhouse May

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    A Look Backwards: An Open Letter to the Arkansas Bar, Phillip Carroll

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    ALWD Citation Manual: A Grammar Guide to the Language of Legal Citation, Jennifer L. Cordle

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    A Mechanism for "Statutory Housekeeping": Appellate Courts Working with Congress, Robert A. Katzmann and Russell R. Wheeler

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    American State Appellate Court Technology Diffusion, Roger A. Hanson

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    American Treaties, International Law: Treaty Interpretation after the Biden Condition, Kenneth S. Gallant

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    A (Microsoft) Word to the Wise – Beware of Footnotes and Gray Areas: The Seventh Circuit Continues to Count Words, Clifford S. Zimmerman

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    A Modest Proposal for Regulating Unpublished, Non-Precedential Federal Appellate Opinions while Courts and Litigants Adapt to Federal Rule of Appellate Procedure 32.1, Sarah E. Ricks

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    An Annotated Bibliography on Federal Appellate Practice and Procedure, Thomas E. Baker

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    An Argument for Reviving the Actual Futility Exception to the Supreme Court's Procedural Default Doctrine, Brent E. Newton

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    An Argument on the Record for More Federal Judgeships, William M. Richman

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    Anastasoff v. United States and Appeals in Veterans' Cases, Charles G. Mills

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    A National Organization for Appellate Lawyers, J. Thomas Sullivan

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    An Award . . . and an Announcement, J. Thomas Sullivan

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    An Election Night Memo to Candidates in Races Involving a Recount, John Hardin Young

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    A New Public-Interest Appellate Model: Public Counsel's Court-Based Self-Help Clinic and Pro Bono Triage for Indigent Pro Se Civil Litigants on Appeal, Meehan Rasch

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    An Examination and Analylsis of the Equity and Adequacy Concepts of Constitutional Challenges to State Education Finance Distribution Formulas, R. Craig Wood and Bruce D. Baker

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    Animal Law - When Dogs Bite: A Fair, Effective, and Comprehensive Solution to the Contemporary Problem of Dog Attacks, Jonathan R. Shulan

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    A Nonagenarian Discusses Life as a Senior Circuit Judge, Ruggero J. Aldisert

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    An Overview of the Arkansas Civil Rights Act of 1993, Theresa M. Beiner

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    An Overview of the Arkansas Civil Rights Act of 1993, Theresa M. Beiner

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    Antitrust Law - Affirmative Acts and Antitrust - The Need for a Consistent Tolling Standard in Cases of Fraudulent Concealment, Amber Davis-Tanner

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    Antitrust—Robinson-Patman Act—No Salt Added: The Supreme Court Promotes Healthy Competition by Taking the Salt Out of the Robinson-Patman Act. Volvo v. Reeder-Simco, 126 S. Ct. 860 (2006)., James Paul Purnell

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    An Update on the Ninth Circuit Debate, Carl Tobias

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    A Paean, Nancy Bellhouse May

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    A Payee Who Is A Holder in Due Course May Be Subject to Personal Defenses Arising from Unauthorized Acts or Promises by an Agent, Sarah Howard Jenkins

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    Appealing Remand Orders under the Class Action Fairness Act, David L. Horan

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    Appeals in the Ad Hoc International Criminal Tribunals: Structure, Procedure, and Recent Cases, Mark A. Drumbl and Kenneth S. Gallant

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    Appeals in the AD HOC International Criminal Tribunals: Structure, Procedure, and Recent Cases, Mark A. Drumbl and Kenneth S. Gallant

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    Appellate Advocacy as Adult Education, Christine Durham

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    Appellate Judges as Gatekeepers? An Investigation of Threshold Decisions in the Federal Courts of Appeals, Erin B. Kaheny

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    Appellate Judicial Appointments during the Clinton Presidency: An Inside Perspective, Sarah Wilson

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    Appellate Malpractice, Steven Wisotsky

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    Appellate Mediation in New Mexico: An Evaluation, Roger A. Hanson and Richard Becker

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    Appellate Mediation in Pennsylvania: Looking Back at the History and Forward to the Future, Sandra Schultz Newman and Scott E. Friedman

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    Appellate Procedure in West Virginia: Why Rule 4A's Expedited Petition Process Isn't Attractive to Attorneys, Grace Wigal

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    Appellate Review of Multi-Claim General Verdicts: The Life and Premature Death of the Baldwin Principle, Ryan Patrick Phair

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    Appellate Review of Unpreserved Questions in Criminal Cases: An Attempt to Define the Interest of Justice, Larry Cunningham

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    Appellate Study Panel Issues Final Report, Carl Tobias

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    Application of the U.C.C. to Nonpayment Virtual Assets or Digital Art, Sarah Howard Jenkins

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    Applications for Certificates of Appealability and the Supreme Court's "Obligatory" Jurisdiction, Brent E. Newton

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    Applied Freakonomics: Explaining the Crisis of Volume, Thomas E. Baker

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    A Primer on the History and Proper Drafting of Qualified Domestic-Relations Orders, Terrence Cain

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    A Proposal to Expand the Religious Services Exemption Under the Copyright Act, Kevin M. Lemley

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    A Rarefied Kind of Dread, David I. Bruck

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    Arbitration After Hall Street v. Mattel: What Happens Next?, Stanley A. Leasure

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    Are Some Words Better Left Unpublished?: Precedent and the Role of Unpublished Decisions, K.K. DuVivier

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    A Review of Electronic Court Filing in the United States, Bradley J. Hillis

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    Are 'Voices for Justice' Heard: A Star-Studded Rally on Behalf of the West Memphis Three Prompts the Delicate Question, Mara Leveritt

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    Are You Trying to Imply Something?: Understanding the Various State Approaches to Implied Covenants of Continuous Operation in Commercial Leases, Jerald Clifford McKinney II

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    Arkansas’s Public Records Retention Program: Records Retention as a Cornerstone of Citizenship and Self-Government, Richard J. Peltz

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    Arkansas's Revised Article 3: User Caution Advised!!, Sarah Howard Jenkins

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    Arkansas's Tradition of Popular Constitutional Activism and the Ascendancy of the Arkansas Supreme Court, Jerald A. Sharum

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    Article 9 and the Characterization and Treatment of Tenant Security Deposits, William H. Henning and R. Wilson Freyermuth

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    A Second Chance for Innovation - Foreign Inspiration for the Revised Uniform Residential Landlord and Tenant Act, Melissa T. Lonegrass

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    A Snapshot of Briefs, Opinions, and Citations in Federal Appeals, Robert Timothy Reagan

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    A Sober Second Thought, Andrew H. Schapiro

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    Assessing and Addressing the Problems Caused by Life Tenure on the Supreme Court, Philip D. Oliver

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    Assessing Judgeship Needs in the Federal Courts of Appeals: Policy Choices and Process Concerns, Arthur D. Hellman

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    A Taxonomy of Obesity Litigation, Theodore H. Frank

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    A Time to Lose, D. P. Marshall Jr.

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    A Trial Judge's Rumination on the Reporter's Privilege, Susan Webber Wright

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    A Tribute to Governor Sidney S. McMath, Morris S. Arnold

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    A Tribute to Judge Richard S. Arnold, Philip S. Anderson

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    A Tribute to One of Arkansas's Greatest Pioneers of Progress, Christopher C. Mercer Jr.

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    A Twilight Zone No More: The Arkansas Supreme Court Provides Tort Reform Drafting Tips While Distancing Itself from Deference to the General Assembly in Johnson v. Rockwell Automation, Inc., Jodie L. Hill

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    A Vision of the Future of Appellate Practice and Process, George Nicholson

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    Avoiding Missteps in the Supreme Court: A Guide to Resources for Counsel, Charles A. Rothfeld

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    Avoiding the Appearance of Impropriety: With Great Power Comes Great Responsibility, Cynthia Gray

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    Avoiding the Unavoidable: The Canon of Constitutional Avoidance as Applied to the Patient Protection and Affordable Care Act, T. J. Fosko

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    "A Watchdog for the Good of the Order": The Ninth Circuit's En Banc Coordinator, Stephen L. Wasby

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    Back to Basics: Returning to the Matter of Black Inferiority and White Supremacy in the Post-Brown Era, Regina Austin

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    Back to the Drawing Board: Re-examining Accepted Premises of Regional Circuit Structure, Martha Dragich

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    Ballot Access Restrictions in Representative Government: An Ode to the Wasted Vote, Carmen Mosley-Sims

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    Bankruptcy—Confusion and Ambiguity: The Post-BAPCPA Uncertainty Concerning the Ride-Through Option in the Eighth Circuit, Kate Davidson

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    Battered, Broken, Bruised, or Abandoned: Domestic Strife Presents Foreign Nationals Access to Immigration Relief, Misty Wilson Borkowski

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    Better Late Than Never: Settlement at the Federal Court of Appeals, Mori Irvine

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    Beyond Citizens United, John Paul Stevens

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    Beyond Manson and Lukolongo: A Critique of American and Zambian Eyewitness Law with Recommendations for Reform in the Developing World, Nicholas A. Kahn-Fogel

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    Book Review: Bryan A. Garner, The Winning Brief (Oxford University Press 1999), Peter Friedman

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    Book Review: Why Smart Men Marry Smart Women by Christine B. Whelan Comforting Insights into What Should Be Obvious (but May Not Necessarily Be So), Theresa M. Beiner

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    Brady, Arkansas Rule 17.1, and Disclosure of Scientific Evidence and Expert Opinion, J. Thomas Sullivan

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    Brady-Based Prosecutorial Misconduct Claims, Buckley, and the Arkansas Coram Nobis Remedy, J. Thomas Sullivan

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    Breaking Down the Supreme Court’s Spending Clause Ruling in NFIB v. Sebelius: A Huge Blow to the Federal Government or a Mere Bump in the Road?, Ellen K. Howard

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    Bridge to Modernity: The Political Legacy of Sid McMath, Jay Barth

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    Bridging the Civil Justice Gap in Arkansas, Jean Turner Carter, Amy Dunn Johnson, and Annabelle Imber Tuck

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    Brown et al. v. Board of Education of Topeka et al., 347 U.S. 483 (1954), Supreme Court of the United States

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    Building an Appellate System Worthy of a Great Nation, Randall T. Shepard

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    "But My Lease Isn't Up Yet!": Finding Fault with "No- Fault" Evictions, Eloisa C. Rodriguez-Dod

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    Buying a Lie: The Harms and Deceptions of Ghostwriting, T. J. Fosko

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    California's Curious Practice of "Pocket Review", Steven B. Katz

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    Can the United States Voters Still Recruit Someone to Run for President as an Independent After the Identities of the Major Party Presidential Candidates are Know?, Richard Winger

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    "Can We Go Home Now?" Expediting Adoption and Termination of Parental Rights Appeals in Ohio State Courts, Susan C. Wawrose

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    Can We Talk? How Triggers for Unconscious Racism Strengthen the Importance of Dialogue, Adjoa A. Aiyetoro

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    Cardozo at 100, Andrew L. Kaufman

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    Caveat Who?: A Review of the Landlord/Tenant Relationship in the Context of Injuries and Maintenance Obligations, Jerald Clifford McKinney II

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    CD-ROM Briefs: Are We There Yet?, Marilyn Devin

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    Certifying Questions to the Arkansas Supreme Court: A Practical Means for Federal Courts in Clarifying Arkansas State Law, Coby W. Logan

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    Changing Fashions in Advocacy: 100 Years of Brief-Writing Advice, Helen A. Anderson

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    Civil Procedure—Be More Specific: Vague Precedents and the Differing Standards by Which to Apply “Arises Out of or Relates to” in the Test for Specific Personal Jurisdiction, Ryne H. Ballou

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    Civil Procedure—Property Improvement Claims—A History and Recommendation for Arkansas's Lone True Statute of Repose, Luke K. Burton

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    CIVIL PROCEDURE—Reassessing Personal Jurisdiction in Arkansas and the Eighth Circuit After Goodyear Dunlop Tires Operations v. Brown, 131 S. Ct. 2846 (2011) and J. McIntyre Machinery, Ltd. v. Nicastro, 131 S. Ct. 2780 (2011)., Kathy McCarroll

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    Class Certification and Interlocutory Review: Rule 23(f) in the Courts, Lori Irish Bauman

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    Classical Citation, David S. Coale

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    Collegiality and Technology, Michael R. Murphy

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    Commentary on Legislative Educational Reform, Governor Mike Huckabee

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    Comments Made at the Ben J. Altheimer Symposium on the 50th Anniversary of the Central High Crisis Held at the UALR William H. Bowen School of Law, John W. Walker

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    Common Disorders of the Appendix and Their Treatment, Roger J. Miner

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    Common Knowledge about Appellate Briefs: True or False?, David Lewis

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    Common Procedural and Jurisdictional Pitfalls to Avoid in Practicing Before the Arkansas Supreme Court, Megan Hargraves

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    Comparing Appels and Oranges: Evaluating the Link between Appeal Processes and Judiciary Structures in Canada and France, Mike Madden

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    Competent Appellate Advocacy and Continuing Legal Education: Fitting the Means to the End, D. Franklin Arey III

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    Concluding Thoughts on the Practical and Collateral Consequences of Anastasoff, J. Thomas Sullivan

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    Confidential Chat on the Craft of Briefing, Mortimer Levitan

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    Confirmation Gridlock: The Federal Judicial Appointments Process under Bill Clinton and George W. Bush, John Anthony Maltese

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    Conscience, Judging, and Conscientious Judging, Gene E. Franchini

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    Constitutionality of "No-Citation" Rules, Salem M. Katsh and Alex V. Chachkes

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    Constitutional Law—Campaign Finance Law & the First Amendment—Can You See the Light?: Illuminating Precedent and Creating a New Tier of Judicial Scrutiny for Campaign Finance Laws. Randall v. Sorrell, 126 S. Ct. 2479 (2006)., Christopher A. McNulty

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    Constitutional Law—Commerce Clause—California Takes a Hit: The Supreme Court Upholds Congressional Authority over The State-Approved Use Of Medicinal Marijuana. Gonzales v. Raich, 545 U.S. 1 (2005)., Rick Behring Jr.

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    Constitutional Law & Criminal Law - The Eighth Amendment - The Juvenile Death Penalty: A Premature Decision over Teenage Immaturity? Roper v. Simmons, 543 U.S. 551 (2005)., J. Blake Byrd

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    Constitutional Law—Direct Shipment of Alcohol—Well-Aged and Finally Uncorked: The Supreme Court Decides Whether the Twenty-First Amendment Grants States the Power to Avoid the Dormant Commerce Clause. Granholm v. Heald, 125 S. Ct. 1885 (2005)., Robert L. Jones III

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    Constitutional Law—Education and Equal Protection—Towards Intelligence and Virtue: Arkansas Embarks on a Court-Mandated Search for an Adequate and Equitable School Funding System. Lake View School District No. 25 v. Huckabee, 351 Ark. 31, 91 S.W.3d 472 (2002)., Brian E. Carter

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    Constitutional Law—Equal Protection & Due Process—Is the Arkansas Supreme Court Abandoning Judicial Federalism?, Alexander Justiss

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    Constitutional Law—First Amendment and Congress's Spending Clause Power—The Supreme Court's Supports Military Recruiters and the United States Military's Discrimination Against Homosexuals Despite Law Schools' Protests. Rumsfeld v. Forum for Academic & Institutional Rights, Inc., 126 S. Ct. 1297 (2006)., Matthew K. Brown

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    Constitutional Law—First Amendment and Freedom of Thought—Banishing Sex Offenders: Seventh Circuit Upholds Sex Offender's Ban from Public Parks after Thinking Obscene Thoughts about Children. Doe v. City of Lafayette, 377 F.3d 757 (7th Cir. 2004)., Elizabeth Cloud

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    Constitutional Law—First Amendment & Freedom of Speech—Students May Be Regarded as Closed-Circuit Recipients of the State's Anti Drug Message: The Supreme Court Creates a New Exception to the Tinker Student Speech Standard. Morse v. Frederick, 127 S. Ct. 2618 (2007), Megan D. Hargraves

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    Constitutional Law - First Amendment - Shield or Spotlight - Doe v. Reed and the First Amendment's Application to Petitioners and Disclosure Requirements in the Citizen Lawmaking Process, Clark Jennings

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    Constitutional Law—First Amendment—Social Media Rams the Tinker Schoolhouse Gate: A New Approach for Online Student Speech, S. Kate Fletcher

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    Constitutional Law—Fourteenth Amendment—The Path Leads to Nowhere: The Supreme Court Re-examines the Trek Through the Political Thicket. Vieth v. Jubelirer, 541 U.S. 267 (2004)., Vanessa L. Kinney

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    Constitutional Law—Fourth Amendment and Search and Seizure—Introducing the Supreme Court's New and Improved Summers Detention: Now Equipped with Handcuffing and Questioning! Muehler v. Mena, 544 U.S. 93 (2005), Ryan J. Caststeel

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    Constitutional Law—Fourth Amendment—Knock and Announce: The Ninth Circuit Knocks and the Supreme Court Announces a Re-Emphasis on the Case-by-Case Analysis.United States v. Banks, 540 U.S. 31 (2003), Erin Elizabeth Cassinelli

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    Constitutional Law—It Wasn’t Me! Zinger v. State and Arkansas’s Unconstitutional Approach to Third-Party Exculpatory Evidence. Zinger v. State, 313 Ark. 70, 852 S.W.2d 320 (1993)., Bourgon B. Reynolds

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    Constitutional Law—School Integration Reform—A Call for Desegregation Policies that Are More than Skin Deep, Nikki L. Cox

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    Constitutional Law—Separation of Powers—Restoring the Constitutional Formula to the Federal Judicial Appointment Process: Taking the Vice out of "Advice and Consent", Jason Eric Sharp

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    Constitutional Law—Sixth Amendment—Braving Confrontation: Arkansas’s Progressive Position Regarding Criminal Defendants’ Confrontation Rights at Sentencing, Cassie R. Howell

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    Constitutional Law—The Fourth Amendment Challenge to DNA Sampling of Arrestees Pursuant to the Justice for All Act of 2004: A Proposed Modification to the Traditional Fourth Amendment Test of Reasonableness, Kimberly A. Polanco

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    Constitutional Law—True Threat Doctrine and Public School Speech—An Expensive View of a School's Authority to Discipline Allegedly Threatening Student Speech Arising off Campus. Doe v. Pulaski County Special School District, 306 F.3d 616 (8th Cir. 2002)., William Bird

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    CONSTITUTIONAL LAW—Unauthorized Practice of Law: Driving Legal Business Without a License, LegalZoom, Inc., and Campbell v. Asbury Automotive, Inc., 2011 Ark. 157, 381 S.W.3d 21., Pierce G. Hunter

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    Constitutional & Property Law—Fourteenth Amendment Due Process Clause & Notice to Be Heard— It Felt So Right but Was All So Wrong: United States Supreme Court Rules Arkansas's Tax-Foreclosure Notice Procedure Fails to Satisfy Due Process Clause When Certified Mail Notice Returns "Unclaimed." Jones v. Flowers, 126 S. Ct. 1708 (2006)., Jenny Wilkes Robertson

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    Constitutional Revolutions: A New Look at Lower Appellate Review in American Constitutionalism, Robert Justin Lipkin

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    Consumer Financial Protection and Community Banks, John T. Adams

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    Contracting Out of Article 2: Minimizing the Obligation of Performance & Liability for Breach, Sarah Howard Jenkins

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    Contracting Out of the UCC, Sarah Howard Jenkins

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    Contract Law—The Collision of Tort and Contract Law: Validity and Enforceability of Exculpatory Clauses in Arkansas. Jordan v. Diamond Equipment, 2005 WL 984513 (2005)., John G. Shram

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    Contract Resurrected! Contract Formation: Common Law - UCC - CISG, Sarah Howard Jenkins

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    Cooper v. Aaron: Development and Implementation of the Litigation, Judith Kilpatrick

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    Coping with Disaster, Judith S. Kaye

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    Copy-Paste Precedent, Brian Soucek

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    Court-Ordered Prenatal Intervention: A Final Means to the End of Gestational Substance Abuse, Michael T. Flannery

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    Courts and Lawyers on the Arkansas Frontier, Lynn Foster

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    Crapping Out with Crime Statistics, Robert Steinbuch

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    Creating a Journal: Two Perspectives, Coleen M. Barger and Lindsey P. Gustafson

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    Criminal Defence and the International Legal Personality of the Individual, Kenneth S. Gallant

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    Criminal Law - Evidence of Inactive Drug Metabolites in DUI Cases: Using a Proximate Cause Analysis to Fill the Evidentiary Gap between Prior Drug Use and Driving under the Influence, Matthew C. Rappold

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    Criminal Law—No Right to Revoke and Avoid Search-Ninth Circuit Rules That Consent to Airport Screening Cannot be Revoked in an Administrative Search. United States v. Aukai, 497 F.3d 955 (9th Cir. 2007)., Bethany A. Gulley

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    Criminal Law—Teenage Sexting in Arkansas: How Special Legislation Addressing Sexting Behavior in Minors Can Salvage Arkansas's Teens' Futures, Sidney L. Leasure

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    Criminal Law—The Sixth Amendment and the Right to Trial by Jury—Where Do We Go From Here?: The United States Supreme Court Examines the Federal Sentencing Guidelines. United States v. Booker, 543 U.S. 220 (2005)., Brian M. Clary

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    Criminal Law—The Sixth Amendment Right to Counsel—The Supreme Court Minimizes the Right to Effective Assistance of Counsel by Maximizing the Deference Awarded to Barely Competent Defense Attorneys. Florida v. Nixon, 125 S. Ct. 551 (2004)., Jennifer Williams

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    Critique and Consequences of the Supreme Court's Decision in Holmes v. Vornado, Kenneth C. Bass III and Linda E. Alcorn

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    Cultivating Professional Identity & Creating Community: A Tale of Two Innovations, Jan L. Jacobowitz

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    Darned if You Due Process, Darned if You Don't! Understanding the Due Process Dilemma for Punitive Damages in Title VII Class Actions, Paul Edgar Harold and Tracy L. Cole

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    Death Row and the Cancer Ward, J. Thomas Sullivan

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    Deed Covenants of Title and the Preparation of Deeds: Theory, Law, and Practice in Arkansas, Lynn Foster and J. Cliff McKinney II

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    Déjà vu All over Again: How a Generation of Gains in the Federal Reporter's Privilege Law Is Being Reversed, Lucy A. Dalglish and Casey Murray

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    Demand and Supply Trends in Federal and State Courts over the Last Half Century, Richard A. Posner

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    Direct Appeals from Bankruptcy Courts to the Courts of Appeals: The Experience after Two Years, David George

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    Disability Law - Americans with Disabilities Act of 1990 - Title II and Title III and the Expansion of Captioning for the Deaf: From Televisions and Movie Theaters to Stadiums and Arenas, Daniel Haney

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    Disability Law - Welcome to the New Town Square of Today's Global Village: Website Accessibility for Individuals with Disabilities after Target and the 2008 Amendments to the Americans with Disabilities Act, Stephanie Khouri

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    Disarray Among the Federal Circuits: Harmless Error Review of Rule 11 Violations, Brent E. Newton

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    Discretionary Appellate Review of Non-Final Orders: It’s Time to Change the Rules, Howard B. Eisenberg and Alan B. Morrison

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    Disestablished Religion in Pennsylvania and Kentucky: A Study in Constitutional Interpretation, Kenneth S. Gallant

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    Diversity on the Bench and the Quest for Justice for All, Theresa M. Beiner

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    Document Destruction after Arthur Andersen: Is It Still Housekeeping or Is It a Crime, Steven Lubet

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    Does the Readability of Your Brief Affect Your Chance of Winning an Appeal?, Lance N. Long and William F. Christensen

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    Do Not Go Gentle: Using Emeritus Pro Bono Attorneys to Achieve the Promise of Justice, Kelly S. Terry

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    Do Not Pass Go, Do Not Collect $200: The Reporter's Privilege Today, Douglas E. Lee

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    Don't Bank on Big Medicine: The Virtue of Specialty Hospitals, Robert Steinbuch

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    Don't Shoot the Canons: Maintaining the Appearance of Propriety Standard, M. Margaret McKeown

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    Dress Rehearsal: The Moot Court Program at Georgetown Law Center's Supreme Court Institute, Gregory J. Langlois

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    Drowning in Wetlands Jurisdictional Determination Process: Implementation of Rapanos v. United States, Kenneth S. Gould

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    Dying Like Men, Falling Like Princes: Reflections on the War on Terror, Edward Rial Armstrong

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    Ebay v. Mercexchange as a Sign of Things to Come: Is the Supreme Court Still Reluctant to Hear Patent Cases?, Peter O. Huang

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    Education Adequacy Litigation: History, Trends, and Research, Steve Smith

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    Education—Student-Teacher Relationship—Should Teachers Be Held to a Higher Standard? Understanding the Laws Governing Sexual Relationships Between Students and Teachers in Primary and Secondary Schools Paschal v. State, 2012 Ark. 127, 388 S.W.3d 429., Katelyn Burch Busby

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    Effective Appellate Advocacy before the Federal Circuit: A Former Law Clerk's Perspective, Rachel Clark Hughey

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    Effective Performance Guarantees for Capital State Post-Conviction Counsel: Cutting the Gordian Knot, Andrew Hammel

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    Electronic Filing in North Carolina: Using the Internet instead of the Interstate, Deborah Leonard Parker

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    Embedding Assessment Principles in Externships, Kelly S. Terry

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    Employment & Disability Law—Americans with Disabilities Act of 1990—The Weight of Personal Responsibility: Obesity, Causation, and Protected Physical Impairments, Matthew Glover

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    Employment Discrimination - In Vitro Fertilization and the Pregnancy Discrimination Act of 1978: How Far Can the Courts Expand the Coverage of the PDA to Protect Reproductive Technology, Justin A. Hinton

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    Employment Law - Antidiscrimination - Heading Toward Federal Protection for Sexual Orientation Discrimination?, Matthew Barker

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    Employment Law - Antidiscrimination - Unpaid and Unprotected: Protecting Our Nation's Volunteers Through Title VII, Tara Kpere Daibo

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    Employment Law—Employment Discrimination—Unnecessarily Duplicative: Has the Sixth Circuit Gone Too Far in Upholding an Employer’s Ability to Require Incumbent Employees to Provide Doctor’s Notes After Taking Sick Leave? Lee v. City of Columbus, Ohio 636 F.3d 245 (6th Cir. 2011), Thomas H. Wyatt

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    Employment Law—The Elusive Enforceability of Employment Covenants Not To Compete in Arkansas, Victoria J. Malony

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    Employment Law—Title VII and the Anti-Retaliation Provision—Beyond Employment and the Workplace: The United States Supreme Court Resolves the Split and Shifts the Balance. Burlington Northern & Santa Fe Co. v. White, 126 S. Ct. 2405 (2006)., Kaylin Redman Hart

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    Enforcing Brown in the Little Rock Crisis, Tony A. Freyer

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    Environmental Law—Comprehensive Environmental Response, Compensation, and Liability Act—One Foot in The Grave: The Agonizing Death Of Voluntary Cleanup Under CERCLA. Cooper Industries, Inc. v. Aviall Services, Inc., 543 U.S. 157 (2004)., Chris Kinslow

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    Equity, Motivation, and Leadership: A Matter of Justice, Patsy E. Johnson

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    Estate and Probate Law—Testamentary Disposition of Non-probate Assets: Whether IRAs are Comparable to Life Insurance Policies and Whether Testators Should Be Able to Change an IRA Beneficiary by Will. Nunnenman v. Estate of Grubbs, 2010 Ark. App. 75, __ S.W.3d __., Ashley L. Haskins

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    Ethical and Effective Representation in Arkansas Capital Trials, J. Thomas Sullivan

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    Ethics and Professional Responsibility—Contingency Fees—An Attorney's Right of Recovery When Discharged from a Contingent Fee Contract in Arkansas. Salmon v. Atkinson, 355 Ark., 137 S.W.3d 383 (2003), Eric C. Freeby

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    Evidence - Privilege Law - How Arkansas's New Rule of Evidence Codifies "Selective Waiver" of the Attorney-Client Privilege and Work-Product Protection and an Argument for a More Moderate Approach, Jonathan D. McFadden

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    Evidence—Sixth Amendment and the Confrontation Clause—Testimonial Trumps Reliable: The United States Supreme Court Reconsiders Its Approach to the Confrontation Clause. Crawford v. Washington, 541 U.S. 36 (2004)., Kristen Sluyter

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    Evolving Sales Law: Highlights of the Shifting Landscape of Arkansas Purchasing Law, Sarah Howard Jenkins

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    Exemption for Nonperformance: UCC, CISG, UNIDROIT Principles-A Comparative Assessment, Sarah Howard Jenkins

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    Expanded Rights through State Law: The United States Supreme Court Shows State Courts the Way, Robert L. Brown

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    Expedited Appeals in Indiana: Too Little, Too Late, Joel M. Shumm

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    Expedited Appeals in Kentucky, Susan Hanley Kosse and Kristen S. Miller

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    Expedited Review of Capital Post-Conviction Claims: Idaho’s Flawed Process, Joan M. Fisher

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    Experience Matters: The Rise of a Supreme Court Bar and Its Effect on Certiorari, Joseph W. Swanson

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    Ex Post Facto Judicial Clarification of A Vague Aggravating Circumstance in A Capital Punishment Statute, Kenneth S. Gallant

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    Externships: A Signature Pedagogy for the Apprenticeship of Professional Identity and Purpose, Kelly S. Terry

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    Family Law and Estate Law - Reproductive Technology - Use of Artificial Reproductive Technologies After the Death of a Parent, Lisa Medford

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    Family Law—Application of Equitable Estoppel in Paternity and Visitation Cases—Mommy's Baby, Mama's Maybe: A New York Court's Decision to Hold a Same-Sex Partner Financially Responsible for a Non-Biological and Non-Adoptive Child. H.M. v. E.T., No. U-110-07 (N.Y. Fam. Ct. Sept. 11, 2007)., Carla S. Johnson

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    Family Law & Civil Procedure - Daddy Dilemma: Should the Truth Matter? Martin v. Pierce, No. 06-950, 2007 WL 1447911 (Ark. May 17, 2007), Katie S. Allen

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    Family Law—Egg Donation and Stem Cell Research—Eggs for Sale: The Scrambled State of Legislation in the Human Egg Market, Kitty L. Cone

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    Family Law - Guardianship - The Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act: A Uniform Solution to an Arkansas Problem, Stephen Rauls

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    Family Law—Relocation Disputes—From Parent to Paycheck: The Demotion of the Noncustodial Parent with the Creation of the Custodial Parent's Presumptive Right to Relocate. Hollandsworth v. Knyzewski, 353 Ark. 470, 109 S.W.3d 653 (2003)., Christopher P. Carrington

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    Family Law's Challenge to Religious Liberty, Raymond C. O'Brien

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    Federal and State Court Rules Governing Publication and Citation of Opinions, Melissa M. Serfass and Jessie L. Cranford

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    Federal and State Court Rules Governing Publication and Citation of Opinions: An Update, Melissa M. Serfass and Jessie Wallace Cranford

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    Federal Rule of Civil Procedure 23(f): Interlocutory Appeals of Class Action Certification Decisions, Kenneth S. Gould

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    Felons, Firearms, and Federalism: Reconsidering Scarborough in Light of Lopez, Brent E. Newton

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    Female Judging, Theresa M. Beiner

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    Fifty-One Flowers: Post-Perpetuities War Law and Arkansas' Adoption of USRP, Lynn Foster

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    Fifty Years of Landlord-Tenant Law: A Perspective, Dale A. Whitman

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    Finality Versus Consistency: Does Investor-State Arbitration Need an Appellate System, Ian Laird and Rebecca Askew

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    First Argument Impressions of the Supreme Court, Stuart M. Riback

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    First Argument in the United States Supreme Court, Talbot D'Alemberte

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    First, Do No Harm: The Use of Covert Video Surveillance to Detect Munchausen Syndrome By Proxy–An Unethical Means of "Preventing" Child Abuse,, Michael T. Flannery

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    Five Ways Appellate Courts Can Help the News Media, Tony Mauro

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    Focus on the Crucial Issue, Myron H. Bright

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    Foreword, J. Thomas Sullivan

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    Foreword, Coleen M. Barger

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    Foreword, Nancy Bellhouse May

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    Foreword, Sarah Howard Jenkins

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    Foreword—A Student Symposium on National Federation of Independent Business v. Sebelius, Joshua M. Silverstein

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    Forty (Plus) Years After the Revolution: Observations on the Implied Warranty of Habitability, Donald E. Campbell

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    Freestyle Lawyering: Taking an Expedited Appeal in the New York State Courts, Alicia R. Ouellette

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    Friending and Following: Applying the Rules of Professional Conduct to Social Media, Andy Taylor

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    From Anastasoff to Hart to West's Federal Appendix: The Ground Shifts Under No-Citation Rules, Stephen R. Barnett

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    From Earl Warren to Wendell Griffen: A Study of Judicial Intimidation and Judicial Self-Restraint, Honorable Robert L. Brown

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    From Good to Great: The Four Stages of Effective Self-Editing, Wes Hendrix

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    From Little Rock to Seattle and Louisville: Is "All Deliberate Speed" Stuck in Reverse?, Charles J. Ogletree Jr. and Susan Eaton

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    From Pens to Pixels: Text-Media Issues in Promulgating, Archiving, and Using Judicial Opinions, Kenneth H. Ryesky

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    From Star to Supernova to Dark, Cold Neutron Star: The Early Life, the Explosion and the Collapse of Arbitration, Michael Hunter Schwartz

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    From Webster to Word-Processing: The Ascendance of the Appellate Brief, William H. Rehnquist

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    Frying Pan or Fire: Legal Fallout From the Contested 2000 Presidential Election, Paul Charton

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    Fundamentals of Preparing a United States Supreme Court Amicus Brief, Dan Schweitzer

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    Funding the Education of Arkansas's Children: A Summary of the Problems and Challenges, Dent Gitchel

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    Gazing into the Future: The 100-Year Legacy of Justice William J. Brennan, Stephen J. Wermiel

     

    Gender & Justice: Why Women in the Judiciary Really Matter, Theresa M. Beiner

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    Getting to Know Us: Judicial Outreach in Oregon, Mary J. Deits and Lora E. Keenan

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    Globalization and Private International Law in Commonwealth Africa, Richard Frimpoong Oppong

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    God Talk by Professors Within the Classrooms of Public Institutions of Higher Education: What Is Constitutionally Permissible?, Sarah Howard Jenkins, Byron R. Johnson, and Otto Jennings Helweg

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    Go East, Young Lawyers: The Stanford Law School Supreme Court Litigation Clinic, Pamela S. Karlan and Thomas C. Goldstein

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    Gubernatorial Removal and State Supreme Courts, William E. Raftery

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    Harry Ashmore and "The Crisis Mr. Faubus Made", Elizabeth Jacoway

     

    Health Law-Informed Consent-Trust Me, I Do This All The Time: Comparative Provider Statistics and Informed Consent in Arkansas, Barrett S. Moore

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    Health Law—Negligent Credentialing and You: What Happens When Hospitals Fail to Monitor Physicians, Whitney Foster

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    Health Law—The Arkansas Resident's Rights Statute and Civil Enforcement—Cutting Off Its Nose to Spite Its Face: How the Arkansas Resident's Right Statute Is Defeating Its Purpose of Improving Quality of Care to Nursing Home Residents by Crippling the Nursing Homes Themselves. Health Facilities Management Corp. v. Hughes, No. 05-90, 2006 Ark. LEXIS 122 (Feb. 9, 2006)., Carol Elizabeth Nixon

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    Hiding in Plain View: A Neglected Supreme Court Decision Resolves the Debate Over Non-Debtor Releases in Chapter 11 Reorganizations, Joshua M. Silverstein

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    Historic and Modern Social Movements for Reparations: The National Coalition of Blacks for Reparations in America (N'cobra) and Its Antecedents, Adjoa A. Aiyetoro and Adrienne D. Davis

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    History of the Alternative Desegregation Plan and the Black Community's Perspective and Reaction, Johanna Miller Lewis

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    Honest to God, Lavenski R. Smith

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    Horse-and-Buggy Dockets in the Internet Age, and the Travails of a Courthouse Reporter, Lyle Denniston

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    Hostile Environments and the Religious Employee, Theresa M. Beiner and John M. A. DiPippa

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    How Courts Use Wikipedia, Joseph L. Gerken

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    How I Got to the New York Court of Appeals, Albert M. Rosenblatt

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    How the Contentious Nature of Federal Judicial Appointments Affects "Diversity" on the Bench, Theresa M. Beiner

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    How to Interpret Statutes - Or Not: Plain Meaning and Other Phantoms, Steven Wisotsky

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    Humanizing Legal Education: An Introduction to a Symposium Whose Time Came, Michael Hunter Schwartz

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    I Couldn't Wait to Argue, Timothy Coates

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    If the Constable Blunders, Does the County Pay?: Liability Under Title 42 U.S.C. § 1983, Andrew Fulkerson

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    Improving Legal Education by Improving Casebooks: Fourteen Things Casebooks Can Do to Produce Better and More Learning, Michael Hunter Schwartz

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    Incivility and Unprofessionalism on Appeal: Impugning the Integrity of Judges, Steven Wisotsky

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    In Defense of Mandatory Curves, Joshua M. Silverstein

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    In Defense of Oral Argument, Stanley Mosk

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    Individual Chapter 11 Reorganizations: Big Problems with the New "Big" Chapter 13, Robert J. Landry III

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    Ineffective Assistance of Counsel in Parental-Rights Termination Cases: The Challenge for Appellate Courts, Susan Calkins

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    Innovative Approaches to Public Service through Institutionalized Action Research: Reflections from Law and Social Work, Susan R. Jones and Shirley J. Jones

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    Insights into the Woes of A Profession Review of How Lawyers Lose Their Way: A Profession Fails Its Creative Minds, by Jean Stefancic & Richard Delgado, Theresa M. Beiner

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    Intellectual Property - Copyright & Internet Law - "The Big Chill": The Supreme Court Adopts an Inducement Standard for Third-Party Copyright Infringement Liability, Leaving Innovation in the Cold Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., 125 S. Ct. 2764 (2005)., Darrin Keith Henning

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    Intellectual Property Trademark Law—Victor/Victoria?—The United States Supreme Court Requires Trademark Dilution Plaintiffs to Show Actual Harm. Mosely v. Victoria's Secret Catalogue, Inc., 537 U.S. 418 (2003), Stephanie Egner

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    Intelligence Testing and Atkins: Considerations for Appellate Courts and Appellate Lawyers, LaJuana Davis

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    International Criminal Courts and the Making of Public International Law: New Roles for International Organizations and Individuals, Kenneth S. Gallant

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    International Law and United States Policy Issues Arising from the United States' Conflict with Al Qaeda, Gregory S. McNeal

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    In the Shadow of Daniel Webster: Arguing Appeals in the Twenty-First Century, Seth P. Waxman

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    Introduction and Dedication, J. Thomas Sullivan

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    Introduction: A Question of Balance: 40 Years of the Uniform Residential Landlord and Tenant Act and Tenants’ Rights in Arkansas, Lynn Foster

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    Introduction: Brown in the Supreme Court, Dennis J. Hutchinson

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    Introduction - Papers From the 2013 American Society of Comparative Law Annual Meeting, Kenneth S. Gallant and Sarah Howard Jenkins

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    Introduction-Papers from the 2013 American Society of Comparative Law Annual Meeting, Sarah Howard Jenkins and Kenneth S. Gallant

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    Introduction to Justice Breyer's Remarks, Oscar G. Chase

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    Introduction to Symposium on Revised Article, Sarah Howard Jenkins

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    Introduction to the National Conference, Daniel J. Meador

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    Invisible Actors: Genetic Testing and Genetic Discrimination in the Workplace, Susannah Carr

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    Is "Bird Nesting" In the Best Interest of Children?, Michael T. Flannery

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    Is False Imputation of Being Gay, Lesbian, or Bisexual Still Defamatory? The Arkansas Case, Jay Barth

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    Is Link Rot Destroying Stare Decisis as We Know It? The Internet-Citation Practice of the Texas Appellate Courts, Arturo Torres

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    Is Tragedy Possible?: A Comment on George Fletcher's "The Right and the Reasonable", Kenneth S. Gallant

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    It Takes a Village to Solve the Problems in Legal Education: Every Faculty Member's Role in Academic Support, Melissa J. Marlow

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    John Marshall: Definer of a Nation, Denise R. Johnson

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    Judge Arnold's Four Rules: A Model for a Life in the Law, Sean Unger

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    Judge George Howard, Jr.: A Personal Rumination, Honorable Morris S. Arnold

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    Judge George Howard, Jr., Memorial Tribute, Judge Lawrence E. Dawson

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    Judge, Scholar, and Friend, J. Thomas Sullivan

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    Judging Federal Regulations That Preempt State Law: The Role of the Presumption against Preemption, Charles G. Cole

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    Judging in the Days of the Early Republic: A Critique of Judge Richard Arnold's Use of History in Anastasoff v. United States, R. Ben Brown

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    Judicial Accountability to the Past, Present, and Future: Precedent, Politics and Power, Stephen B. Burbank

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    Judicial Declaration of Public Policy, Ruggero J. Aldisert

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    Judicial Independence and Accountability Meet Extra-Judicial Speech and the First Amendment: An Uneasy Co-Existence, Honorable Wendell L. Griffen

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    Judicial Rule-Making Absent Legislative Review: The Limits of Separation of Powers, Kenneth S. Gallant

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    Judicial Selection: It's More About the Choices Than Who Does the Choosing, Honorable Lavenski R. Smith

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    Jurisdiction to Adjudicate and Jurisdiction to Prescribe in International Criminal Courts, Kenneth S. Gallant

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    Just a Matter of Time? Video Cameras at the United States Supreme Court and the State Supreme Courts, Robert L. Brown

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    Justice Frankfurter, Books, and the Law, Nancy Bellhouse May

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    Justice White's Principled Passion for Consistency, J. Thomas Sullivan

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    Knowing Is Half the Battle: A Proposal for Prospective Performance Evaluations in Judicial Elections, Jordan M. Singer

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    Lake View – A Roadmap for Asserting the Rights of the Jailed Mentally Ill, Bettina Brownstein

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    Landlord Protection Law Revisited: The Amendments to the Arkansas Residential Landlord-Tenant Act of 2007, Ark. Code Ann. §§ 18-17-101 et seq., Marshall Prettyman

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    Lawyer Assistance Programs: Bridging the Gap, Dr. Sarah Cearley

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    Lawyer, Know Your Safety Net: A Malpractice Insurance Primer for New and Experienced Lawyers, Lauren Schulz and Michael Hunter Schwartz

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    Learning (and Teaching) from Doing, Edward B. Foley

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    Leaving the Ballpark, J. Thomas Sullivan

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    Legal and Appellate Weblogs: What They Are, Why You Should Read Them, and Why You Should Consider Starting Your Own, Gary O'Connor and Stephanie Tai

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    Legal Research and the World of Thinkable Thoughts, Robert C. Berring

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    Legal Writing as Good Writing: Tips from the Trenches, Andrey Spektor and Michael A. Zuckerman

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    Lessons from Small Cases: Reflections on Dodson v. Arkansas Activities Association, Polly J. Price

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    Let the Jury Decide: The Gap Between What Judges and Reasonable People Believe Is Sexually Harassing, Theresa M. Beiner

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    Let Them Eat . . . Broccoli?, Josie G. Richardson

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    Level Five Philanthropy: Designing a Plan for Strategic, Effective, Efficient Giving, James Edward Harris

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    Listening to John W. Davis, D. P. Marshall Jr.

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    Litigation Campaigns and the Search for Constitutional Rules, Mark V. Tushnet

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    Little Big Man—United States District Judge Ronald N. Davies, William R. Wilson Jr.

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    Local Procedural Review in the Eighth Circuit, Carl Tobias

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    Local Rules in the Wake of Federal Rule of Appellate Procedure 32.1, David R. Cleveland

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    Lopez v. Gonzales: A Window on the Shortcomings of the Federal Appellate Process, Brent E. Newton

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    Losing Faith: Limited Liability Companies in Arkansas and the Fiduciary Duties of Loyalty and Good Faith, Frances S. Fendler

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    Make Way for the ABA: Smith v. Robbins Clears a Path for Anders Alternatives, James E. Duggan and Andrew W. Moeller

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    Mandatory HIV Testing of Professional Boxers: An Unconstitutional Effort to Regulate a Sport that Needs to Be Regulated, Michael T. Flannery and Raymond C. O'Brien

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    Manson and Its Progeny: An Empirical Analysis of American Eyewitness Law, Nicholas A. Kahn-Fogel

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    Matters in Abatement, Aaron R. Petty

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    Mediation in the New Mexico Court of Appeals, Richard Becker

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    Meet Mortimer Levitan, D. P. Marshall Jr.

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    Military Disability Election and the Distribution of Marital Property Upon Divorce, Michael T. Flannery

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    Military's Approach to Appellate Law, The, Jay L. Thoman

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    Minnesota Court of Appeals Hears Oral Argument Via Interactive Teleconferencing Technology, Edward Toussaint

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    Minnesota's Pro Bono Appellate Program: A Simple Approach That Achieves Important Objectives, Thomas H. Boyd

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    More Judicial Outreach: "Justice on Wheels" from the Supreme Court of Wisconsin, Ingrid A. Nelson

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    Munchausen Syndrome by Proxy: Broadening the Scope of Child Abuse, Michael T. Flannery

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    MUNICIPAL LAW—Municipal Police Power & Its Adverse Effects on Small Businesses in Arkansas: A Proposal for Reform, Justin Craig

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    My First Appellate Argument: It Can Only Get Better, Jon O. Newman

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    Narratives Drawn from Rich Experience: Mayer Brown's Federal Appellate Practice, Patrick E. Higginbotham

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    Nearing Thirty Years: The Burger Court, Strickland v. Washington, and the Parameters of the Right to Counsel, Joshua Kastenberg

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    Neglecting the National Memory: How Copyright Term Extensions Compromise the Development of Digital Archives, Deirdre K. Mulligan and Jason M. Schultz

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    Neuroscience's New Techniques for Evaluating Future Dangerousness: Are We Returning to Lombroso's Biological Criminality, J. W. Looney

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    New Hampshire's Three-Judge Expedited Docket, Joseph P. Nadeau

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    Newly Available, Not Newly Discovered, Penny J. White

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    New Technologies and Appellate Practice, Philip A. Talmadge

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    No-Citation Rules Under Siege: A Battlefield Report and Analysis, Stephen R. Barnett

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    No Court Is an Island, Robert A. Katzmann

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    No-Merit Briefs Undermine the Adversary Process in Criminal Appeals, Randall L. Hodgkinson

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    No Paradise to Regain: Comments on Russell G. Pearce and Eli Wald, the Obligation of Lawyers to Heal Civic Culture: Confronting the Ordeal of Incivility in the Practice of Law, Kenneth S. Gallant

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    No Paradise to Regain: Comments on Russell G. Pearce and Eli Wald, The Obligation of Lawyers to Heal Civic Culture: Confronting the Ordeal of Incivility in the Practice of Law, Kenneth S. Gallant

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    Norplant: The New Scarlet Letter?, Michael T. Flannery

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    Not All Lawyers Are Equal: Difficulties That Plague Women and Women of Color, Theresa M. Beiner

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    Now and Then at the Supreme Court, Nancy Bellhouse May

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    Objective Analysis of Advocacy Preferences and Prevalent Mythologies in One California Appellate Court, Charles A. Bird and Webster Burke Kinnaird

     

    On American Voter Confidence, R. Michael Alvarez, Thad E. Hall, and Morgan Llewellyn

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    Once Is Not Enough, or How about Arguing Your First Two Supreme Court Cases Back to Back . . . and Losing?, Ian A. Macpherson

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    One Judge's Journey, Janine P. Geske

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    On Engagement: Learning to Pay Attention, R. Lisle Baker and Daniel P. Brown

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    On the Internet, Nobody Knows You're a Judge: Appellate Courts' Use of Internet Materials, Coleen M. Barger

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    On What it Means to be a Lawyer of Faith, Leon Holmes

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    Oral Argument in the Early Roberts Court: A Qualitative and Quantitative Analysis of Individual Justice Behavior, James C. Phillips and Edward L. Carter

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    Oral Argument’s Big Challenge: Fielding Questions from the Court, Jason Vail

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    Out of the Frying Pan and into the Fire: The Emergence of Depublication in the Wake of Vacatur, Eugene R. Anderson, Mark Garbowski, and Daniel J. Healy

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    Overlooking Tort Claimants' Best Interests: Non-Debtor Releases in Asbestos Bankruptcies , Joshua M. Silverstein

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    Overturning the Last Stone: The Final Step in Returning Precedential Status to All Opinions, David R. Cleveland

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    Pension and Employee Benefit Law—Employee Retirement Income Security Act—An Owner-Employee Can Qualify as a "Participant" in an ERISA Pension Plan Sponsored by His Corporation, as Long as the Plan Covers One or More Non-Owner Employees. Yates v. Hendon, 541 U.S. 1 (2004), Quentin May

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    Persuading Quickly: Tips for Writing an Effective Appellate Brief, Jane R. Roth and Mani S. Walia

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    Philadelphia, Michael T. Flannery

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    Placing Profits Above Hippocrates: The Hypocrisy of General Service Hospitals, Robert Steinbuch

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    Planning and Conduct of the National Conference, Arthur J. England Jr.

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    Possible, But Not Likely: Expedited Appeals in Massachusetts, Davalene Cooper

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    Post-Amendment 80 Judicial Politics in Arkansas: Have the Changes Undermined the Argument for Selection by Appointment?, Jay Barth

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    Post-Mortem Right of Publicity in Arkansas: Protecting Against the Unauthorized Use of a Person’s Identity for Commercial Purposes, Rashauna A. Norment

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    Power Outage: Amplifying the Analysis of Power in Legal Relations (With Special Application to Unconscionability and Arbitration), Michael Hunter Schwartz

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    Pre-Argument Settlement at the Michigan Court of Appeals: A Secret Too Well Kept, Jeremy L. Fetty

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    Precedent in the Federal Courts of Appeals: An Endangered or Invasive Species?, John B. Oakley

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    Preemption & Supplementation Under Revised 1-103: The Role of Common Law & Equity in the New U.C.C., Sarah Howard Jenkins

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    Preface, J. Thomas Sullivan

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    Preface, Nancy Bellhouse May

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    Preface, Brent E. Newton

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    Preface, Robert S. Shafer

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    Preface, Rodney K. Smith

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    Preface, D. P. Marshall Jr.

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    Preface, Ray Thornton

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    Preface, David C. Frederick

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    Preface: Anastasoff, Unpublished Opinions, and "No-Citation" Rules, Coleen M. Barger

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    Preface: Bringing Light to the Halls of Shadow, Richard J. Peltz

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    Preface: Expedited Appeals in Selected State Appellate Courts, Coleen M. Barger

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    Preference Determinations Concerning Bankruptcy Reform Act of 1978 and Securities Act of 1933, Securities and Exchange Act of 1934, and Commodity Exchange Act, J. B. Grossman

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    Pretender in Paradise, J. Richard Cohen

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    Pretextual Use of Search Warrants in Federal White Collar Criminal Investigations of Legitimate Businesses to Conduct Custodial Interrogations of Targets, Employees, and Occupants: Can They Really Do That?, Patrick R. James and Matthew R. House

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    Private Practice and Cause Lawyering: A Practical and Ethical Guide, Bettina E. Brownstein

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    Promoting the Best Interests of Children Whose Parents Are Divorcing: The Next Steps for Arkansas, Kenneth S. Gallant

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    Property Law—Homestead Exemption—A Beneficiary Interest Can Support a Homestead Exemption in Arkansas and a Look at Other Interests Sufficient to Support a Homestead Exemption. Fitton v. Bank of Little Rock, 2010 Ark. 280, __ S.W.3d __., Seth Williams

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    Property Law - The Recreational Navigation Doctrine - The Use of the Recreational Navigation Doctrine to Increase Public Access to Waterways and Its Effect on Riparian Owners, Clinton Lancaster

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    Prosecutorial Misconduct in Closing Argument: The Role of Intent in Appellate Review, Paul J. Spiegelman

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    Psychiatric Defenses in Arkansas Criminal Trials, J. Thomas Sullivan

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    Public Interest Law: Facing the Problems of Maturity, Louise G. Trubek

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    Publicity and the Judicial Power, Daniel N. Hoffman

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    Public Rights, Private Rites: Reliving Richmond Newspapers for My Father, Laurence H. Tribe

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    Public School Reform: Kentucky's Solution, Debra H. Dawahare

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    Puncturing the Funnel—Saving the "Any Willing Provider" Statutes from ERISA Preemption, Sharon Reece

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    Putting it all Together: Law Schools' Role in Improving Appellate Practice, Stella J. Phillips

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    Qualified Immunity after Hope v. Pelzer: Is "Clearly Established" Any More Clear?, Leah Chavis

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    Reading about the National Conference, Nancy Bellhouse May

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    Reading Brown, Nancy Bellhouse May

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    Recent Supreme Court Patent Decisions: The Trend to Limit the Power of Patent Holders, Peter O. Huang

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    Recusal on Appeal: An Appellate Advocate's Perspective, Howard J. Bashman

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    Recusals and the "Problem" of an Equally Divided Supreme Court, Ryan Black and Lee Epstein

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    Redefining Rehearing: Previewing Appellate Decisions Online, J. Thomas Sullivan

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    Reflections on Appellate Courts: An Appellate Advocate's Thoughts for Judges, Mary Massaron Ross

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    Reflections on Brown, Paul D. Carrington

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    Reflections on the Commemoration of the 50th Anniversary of the Crisis at Little Rock Central High School, Judge Wiley Branton Jr.

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    Reflections on the Role of Appellate Courts: A View from the Supreme Court, Stephen G. Breyer

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    Regulating Food Advertisements: Some First Amendment Issues, John M. A. DiPippa

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    Reinforcing the Formidable Arsenal: Restoration of Purposeful Discrimination as a Basis for Denial of Section 5 Preclearance Under the Fannie Lou Hamer, Rosa Parks, and Correta Scott King Voting Rights Act Reauthorization and Amendments Act of 2006, Benjamin E. Griffith

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    Religious Liberty That Almost Wasn't: On the Origin of the Establishment Clause of the First Amendment, Gregory C. Downs

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    Report to Governor Mike Beebe, President Pro Tempore of the Senate, and Speaker of the House, Non-legislative Commission on the Study of Landlord-Tenant Laws

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    Representing Children on Appeal: Changed Circumstances, Changed Minds, Judith Waksberg

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    Representing Death-Sentence Appellants, Charles B. Blackmar

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    Republican Party of Minnesota v. White: The Lifting of Judicial Speech Restraint, David B. Bogard

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    Resolving the Circuit Split on Standing in False Advertising Claims and Incorporation of Prudential Standing in State Deceptive Trade Practices Law: The Quest for Optimal Levels of Accurate Information in the Marketplace, Kevin M. Lemley

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    Retention Redux: Iowa 2012, Todd E. Pettys

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    "Rethinking" Embryo Disposition Upon Divorce, Michael T. Flannery

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    Retired and Working, Roger Philip Kerans

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    Review of Raymond C. O'Brien & Michael T. Flannery, Decedents' Estates: Cases and Materials (2006), Gerry W. Berry

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    Revised Article 3 and Amended Article 4 of the Uniform Commercial Code: Comments on the Changes They Will Make, Arthur G. Murphey

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    Revised Article 3: ''(Revise) It Again, Sam'', Sarah Howard Jenkins

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    Richard Sheppard Arnold: A Distinguished Jurist, a Loyal Colleague and a Good Friend, Gerald W. Heaney

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    Richard Sheppard Arnold, the Man, Robert L. Brown

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    Rules of Appellate Advocacy: An Australian Perspective, Michael Kirby

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    Running to the Extremes: Evaluating the Polarization of Contemporary Political Contests, Robert Steinbuch

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    Salad, a Glass of Red Wine, and a Discussion about How to Effectively Answer Questions in Appellate Argument, Douglas S. Lavine

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    Sales of Personal Property as Secured Transactions Under Article 9 of the Uniform Commercial Code, D. Fenton Adams

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    Scholarly Discourse and the Cementing of Norms: The Case of the Indian Supreme Court - and a Plea for Research, Jayanth K. Krishnan

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    Seeing the Appellate Horizon: Civil Trial Strategy and Standards of Review in the Eighth Circuit, R. Christopher Lawson

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    Seeking Best Practices among Intermediate Courts of Appeal: A Nascent Journey, W. Warren H. Binford, Preston C. Greene, and Maria C. Schmidlkofer

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    Selecting the Supremes: The Appointment of Judges to the Supreme Court of Canada, Peter McCormick

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    Sentence Appeals in England: Promoting Consistent Sentencing through Robust Appellate Review, Briana Lynn Rosenbaum

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    Sentencing Policies and Practices in the International Criminal Tribunals, Mark A. Drumbl and Kenneth S. Gallant

    PDF

    Setting the Record Straight on State v. John Ingram Purtle: Reflections on the Great Dissenter, Samuel A. Perroni

    PDF

    Setting the Stage for Public Health: The Role of Litigation in Controlling Obesity, Jason A. Smith

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    Sex, Science and Social Knowledge: The Implications of Social Science Research on Imputing Liability to Employers for Sexual Harassment, Theresa M. Beiner

    PDF

    Sexual Harassment Law - The Jury Is Wrong as a Matter of Law, Megan E. Wooster and Megan E. Wooster

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    Sexy Dressing Revisited: Does Target Dress Play A Part in Sexual Harassment Cases?, Theresa M. Beiner

    PDF

    Shift Happens: The U.S. Supreme Court's Shifting Antidiscrimination Rhetoric, Theresa M. Beiner

    PDF

    Shifting Out of Neutral: Intelligent Design and the Road to Nonpreferentialism, Kelly S. Terry

    PDF

    Shifting the Burden: Genuine Disputes and Employment Discrimination Standards of Proof, Barrett S. Moore

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    Should the Courts Save Taxpayer Standing? - Interpreting Hein v. Freedom from Religion Foundation Narrowly through the Lens of Judicial-Branch Spending, Akiva Shapiro

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    Sid McMath, Sam Laser

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    Sid McMath Tribute, Phillip McMath

    PDF

    Sixteen Years of Litigation under the Arkansas Civil Rights Act: Where We Have Been and Where We Are Going, Michael Mosley, Robert Beard, and Paul Charton

    PDF

    Sizing up a Multi-Party Tortfeasor Suit in Arkansas: A Tale of Two Laws—How Fault Is, and Should Be, Distributed, Joseph R. Falasco

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    Solidifying Arkansas's Liquidated Damage Law after S.O.G.-San-Ore-Gardner v. Missouri Pacific Railroad Co.: It's Not All Water Under the Bridge, David C. Jung

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    Some Reflections on Cameras in the Appellate Courtroom, Diarmuid F. O'Scannlain

    PDF

    Some Thoughts on the State of Women Lawyers and Why Title VII Has Not Worked for Them, Theresa M. Beiner

    PDF

    Speech on Brown v. Board of Education, May 1, 1981, Paul E. Wilson

    PDF

    Spoliation of Evidence: Why This Evidentiary Concept Should Not Be Transformed into Separate Causes of Action, Jason B. Hendren

    PDF

    Standards for Appellate Conduct Adopted in Texas, Kevin Dubose

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    Standards for Certification of Appellate Specialists, Melissa M. Serfass

    PDF

    Standards of Review: Judicial Review of Discretionary Decisionmaking, Martha S. Davis

    PDF

    Standing in the Way of Clarity: Hein v. Freedom from Religion Foundation, Inc., Mark Wankum

    PDF

    State Government—The Arkansas Freedom of Information Act—Houston We Have a Problem: A Coach and a Comptroller Illustrate the Repercussions of Releasing Electronic Information Through the Arkansas Freedom of Information Act, Alexander Justiss

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    State Government—The Arkansas Freedom of Information Act—Public or Private Record: A Simple Distinction Threatens the Future of Open Government in Arkansas, Pulaski County v. Arkansas Democrat-Gazette, Inc., 371 Ark. 214, 264 S.W.3d 465 (Ark. Oct. 4, 2007)., Geoffrey D. Neal

    PDF

    Statement on the Functions and Future of Appellate Lawyers, The American Academy of Appellate Lawyers

    PDF

    State Supreme Court Opinions as Law Development, Victor Eugene Flango

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    Statistical Data Regarding State Courts, The National Center for State Courts

    PDF

    Statutory Foreclosures in Arkansas: The Law and Recent Developments, Lynn C. Foster

    PDF

    Stepping Down, D. Brock Hornby

    PDF

    Still Fugacious After All These Years: A Sequel to the Basic Primer on Arkansas Oil and Gas Law, Thomas A. Daily and W. Christopher Barrier

    PDF

    Still Grateful after All These Years, Christina M. Tchen

    PDF

    Subordinate Bias Liability, Theresa M. Beiner

    PDF

    Subordinate Bias Liability, Theresa M. Beiner

    PDF

    Suggestions for American Judges: Ten Books that Merit Reading, Robert C. Berring

    PDF

    Supplementing the Record in the Federal Courts of Appeals: What If the Evidence You Need Is Not in the Record?, George C. Harris and Xiang Li

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    Symposium Discussion

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    Take What You Can, Give Nothing Back: Judicial Estoppel, Employment Discrimination, Bankruptcy, and Piracy in the Courts, Theresa M. Beiner and Robert B. Chapman

    PDF

    Taking Its Toll: Partisan Judging and Judicial Review, Jeff Broadwater

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    Taking the Long View, Nancy Bellhouse May

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    Tax Ferrets, Tax Consultants, Bounty Hunters, and Hired Guns: The Property Tax Netherworld Fueled by Contingency Fees and Champertous Agreements, J. Lyn Entrikin

    PDF

    Teaching Contracts from a Transactional Perspective, Michael Hunter Schwartz

    PDF

    Teaching Law by Design: How Learning Theory and Instructional Design Can Inform and Reform Law Teaching, Michael Hunter Schwartz

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    Teaching Law Students to Be Self-regulated Learners, Michael Hunter Schwartz

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    Teaching Law Students to be Self-Regulated Learners, Michael Hunter Schwartz

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    Technological Developments in Legal Research, Lynn Foster and Bruce Kennedy

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    Technological Transparency: Appellate Court and Media Relations after Bush v. Gore, Robert Craig Waters

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    Technology Law - Great Google-y Moogley: The Effect and Enforcement of Click Fraud and Online Advertising, Amy Tracy

    PDF

    Tentative Oral Opinions: Improving Oral Argument Without Spending a Dime, Joshua Stein

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    That Ain't Kosher, Robert Steinbuch and Brett Tolman

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    Thawing out the Cold Record: Some Thoughts on How Videotaped Records May Affect Traditional Standards of Deference on Direct and Collateral Review, Robert C. Owen and Melissa Mather

    PDF

    The 1% Solution: American Judges Must Enter the Internet Age, Henry H. Perritt and Ronald W. Staudt

    PDF

    The Absence of Penological Rationale in the Restrictions on the Rights of Incarcerated Women, Thomas M. Blumenthal and Kelly M. Brunie

    PDF

    The Abyss of Racism, J. Thomas Sullivan

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    The ALWD Citation Manual: A Clear Improvement over the Bluebook, M.H. Sam Jacobson

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    The Antiquated "Slight Evidence Rule" in Federal Conspiracy Cases, Brent E. Newton

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    The Argument of an Appeal, John W. Davis

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    The Arkansas Trust Code: Good Law for Arkansas, Lynn Foster

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    The Best Oral Argument I (N)ever Made, Judith S. Kaye

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    The Chicken or the Egg? Public Service Orientation and Lawyer Well-Being, Melissa H. Weresh

    PDF

    The Concerto the Without Sheet Music: Revisiting the Debate over First Amendment Protection for Information Gathering, Anthony L. Fargo

    PDF

    The Con Law Professor with Judicial Appointment Power, Theresa M. Beiner

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    The Con Law Professor with Judicial Appointment Power, Theresa M. Beiner

    PDF

    The Connotation/Denotation Distinction in Constitutional Interpretation, Christopher Birch

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    The Constitutionality of State and Local Laws Targeting Immigrants, Karla Mari McKanders

    PDF

    The Culpability, or Mens Rea, "Defense" in Arkansas, J. Thomas Sullivan

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    The Death of Law: A Cinematic Vision, Lance McMillian

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    The Decline of Oral Argument in the Federal Courts of Appeals: A Modest Proposal for Reform, David R. Cleveland and Steven Wisotsky

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    The Effect of Courtroom Technologies on and in Appellate Proceedings and Courtrooms, Fredric I. Lederer

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    The Elements of Legal Style, Mark P. Painter

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    The Elusive (but Worthwhile) Quest for A Diverse Bench in the New Millennium, Theresa M. Beiner

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    The Emotionally Intelligent Law Professor: A Lesson from the Breakfast Club, Heidi K. Brown

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    The Evolving Role of the State Solicitor: Toward the Federal Model, James R. Layton

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    The Expedited Appeals Process for the District of Columbia Court of Appeals, Bonny L. Tavares

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    The Expert, Nancy Bellhouse May

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    The Finality of Appeal, Nancy Bellhouse May

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    The First and the Last, Nancy Bellhouse May

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    The Folly - and Faith - of Furman, John H. Blume and Sheri Lynn Johnson

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    The Founders, or the Journal's Early Years and What They Meant to Me, Rodney K. Smith

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    The Future of Public Interest Law, Scott L. Cummings

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    The Hands of the State: The Failure to Vacate Statute and Residential Tenants’ Rights in Arkansas, Lynn Foster

    PDF

    The Help America Vote Act: Unmet Expectations?, Herbert E. Cihak

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    The Holmes Group, Inc. v. Vornado Air Circulation Systems, Inc.: The Return of Patent Appeals to the Regional Circuits, Peter O. Huang

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    The Honorable Judge George Howard, Jr.—A Life of Courage and Civility in the Law, J. Thomas Sullivan

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    The Illusion of Devil's Advocacy: How the Justices of the Supreme Court Foreshadow Their Decisions During Oral Argument, Sarah Levien Shullman

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    The Impact of Science on Legal Decisions: What Can Social Science Tell the Courts and Lawyers?, Theresa M. Beiner

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    The Indeterminate International Law of Jurisdiction, the Presumption Against Extraterritorial Effect of Statutes, and Certainty in U.S. Criminal Law, Kenneth S. Gallant

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    The Language of Supreme Court Briefs: A Large-Scale Quantitative Investigation, Brady Coleman and Quy Phung

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    The Last Word, Ross E. Davies

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    The Law and the Brain: Judging Scientific Evidence of Intent, Erica Beecher-Monas and Edgar Garcia-Rill

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    The Law of Unintended Consequences: Supreme Court Jurisdiction over Interlocutory Class Certification Rulings, Scott E. Gant

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    The Law Reviews: Do Their Paths of Glory Lead but to the Grave?, John Doyle

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    The Legacy of Louis D. Brandeis, Melvin I. Urofsky

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    The Little Rock Confrontation and Cooper v. Aaron: Development and Implementation of Constitutional Litigation, Tony A. Freyer

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    The Little Rock School District's Quest for Unitary Status, Honorable Robert L. Brown

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    The Many Connections between Well-Being and Professionalism in the Practice of Law: Implications for Teaching, Todd David Peterson

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    The Merchant of Venice, Act IV, Scene 1, Rebecca White Berch

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    Then and Now: The Uniform Residential Landlord and Tenant Act and the Revised Residential Landlord and Tenant Act - Still Bold and Relevant?, Lawrence R. McDonough

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    The New Rules of Federal Appellate Procedure: Changes in Style and Substance, Warren W. Harris

    PDF

    The Next Generation of Legal Citations: A Survey of Internet Citations in the Opinions of the Washington Supreme Court and Washington Appellate Courts, 1999-2005, Tina S. Ching

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    The Obligation of Lawyers to Heal Civic Culture: Confronting the Ordeal of Incivility in the Practice of Law, Russell G. Pearce and Eli Wald

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    The Old Order Changes, Shirley S. Abrahamson

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    The Oral Judgment Practice in the Canadian Appellate Courts, J. E. Côté

    PDF

    Theorizing Billable Hours, Theresa M. Beiner

    PDF

    The Patient Protection and Affordable Care Act: A Constitutional Analysis, David C. Jung

    PDF

    The Pending Gauntlet to Free Exercise: Mandating that Clergy Report Child Abuse, Michael T. Flannery

    PDF

    The Pitfalls of Replies, Jason Vail

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    The Politics of Bush v. Gore, Evan Tsen Lee

    PDF

    The Power of a Federal Appellate Court to Direct Entry of Judgment as a Matter of Law: Reflections on Weisgram v. Marley Co., Robert A. Ragazzo

    PDF

    The Reporter's Privilege in Arkansas: An Overview with Commentary, Philip S. Anderson

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    The Response to Brecheen v. Reynolds: Oklahoma’s System For Evaluating Extra-Record Constitutional Claims In Death Penalty Cased, Jeremy B. Lowrey

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    The Revised ABA Guidelines and the Duties of Lawyers and Judges in Capital Post-Conviction Proceedings, Eric M. Freedman

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    The Right of Privacy in Arkansas: A Progressive State, J. Lyn Entrikin

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    The Rise and Demise of the Absolute Dominion Doctrine for Groundwater, Joseph W. Dellapenna

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    The Role and Powers of Defense Counsel in the Rome Statute of the International Criminal Court, Kenneth S. Gallant

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    The Role of Appellate judges in Intermediate Courts, J. Thomas Sullivan

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    The Role of Mindfulness in the Ongoing Evolution of Legal Education, Scott L. Rogers

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    The Sky Is Not Falling—That Which You Feel Is Merely a No. 10 Earthquake—Blakely v. Washington: The Supreme Court Sentences the American Criminal Justice System to Disaster, Bedlam, and Reform, Christopher P. Carrington

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    The Slow Wheels of Furman's Machinery of Death, Brent E. Newton

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    The Snowden Revelations, the Transatlantic Trade and Investment Partnership and the Divide Between U.S.- EU in Data Privacy Protection, Ioanna Tourkochoriti

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    The Special Section, Nancy Bellhouse May

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    The Special Section, Nancy Bellhouse May

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    The Supreme Court of Canada: Its History, Powers and Responsibilities, Frank Iacobucci

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    The Trouble with Torgerson: The Latest Effort to Summarily Adjudicate Employment Discrimination Cases, Theresa M. Beiner

     

    The Troubling Shortage of African Lawyers: Examination of A Continental Crisis Using Zambia As A Case Study, Nicholas A. Kahn-Fogel

    PDF

    The Uncertain Status of Citation Reform: An Update for the Undecided, Coleen M. Barger

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    The Unpublished, Non-Precedential Decision: An Uncomfortable Legality?, Melissa H. Weresh

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    The Unpublished Rules of the Arkansas Court of Appeals: The Internal Rules and Procedures of the Arkansas Court of Appeals, Josephine Linker Hart and Guilford M. Dudley

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    The Use of Hair Analysis to Test Children for Exposure to Methamphetamine, Michael T. Flannery, Jerry Jones, Karen Farst, and Karen Bord Worley

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    The Value of Incumbency: A Law and Economics Interpretation of Primary Challenges, Robert Steinbuch

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    The View from the Trenches: A Report on the Breakout Sessions at the 2005 National Conference on Appellate Justice, Arthur D. Hellman

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    The Ways of a Judge and On Appeal, Kermit V. Lipez

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    Think Like a (Mindful) Lawyer: Incorporating Mindfulness, Professional Identity, and Emotional Intelligence into the First Year Law Curriculum, Nathalie Martin

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    This is Unprecedented: Examining the Impact of Vacated State Appellate Court Opinions, Michael D. Moberly

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    Three Giants, Nancy Bellhouse May

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    Tilting at Windmills, Andrew L. Frey

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    To Expediency and Beyond: Vermont's Rocket Docket, Tracy Bach

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    To Lobby or Not to Lobby: That is an Important Question, Kermit V. Lipez

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    Tort Law—Hedonic Damages—Arkansas's Application of Hedonic Damages to Wrongful-Death Suits: Is Arkansas's Method Misconceived?, Joshua Michael Robles

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    Tort Law—Tortious Interference with Business Expectancy – A Trap for the Wary and Unwary Alike, Larry Watkins

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    Toward a Community of Professionalism, Elliot L. Bien

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    Tragedy and Due Process, J. Thomas Sullivan

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    Transitioning, Frank M. Coffin

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    Trial-Court Discretion: Its Exercise by Trial Courts and Its Review by Appellate Courts, Joseph T. Sneed

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    Tribute to Honorable George Howard, Jr., Honorable Leon Holmes

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    Tribute to Sid McMath, Bill Wilson

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    Tribute to Sidney S. McMath, Winslow Drummond

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    Tribute to the Honorable Rex E. Lee Solicitor General of the United States 1981-85

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    Tribute to the Honorable Rex E. Lee Solicitor General of the United States 1981-85, Thomas Rex Lee

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    Tribute to the Honorable Rex E. Lee Solicitor General of the United States 1981-85, Carter G. Phillips

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    Tribute to the Honorable Rex E. Lee Solicitor General of the United States 1981-85, Francis X. Beytagh

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    Tribute to the Honorable Rex E. Lee Solicitor General of the United States 1981-85, H. Reese Hansen

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    Tribute to the Honorable Rex E. Lee Solicitor General of the United States 1981-85, Dallin H. Oaks

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    Tribute to the Honorable Rex E. Lee Solicitor General of the United States 1981-85, Rodney K. Smith

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    Tribute to the Honorable Richard S. Arnold, Pasco M. Bowman II

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    Tribute to the Honorable Richard S. Arnold, Gilbert S. Merritt

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    Tribute to the Honorable Richard S. Arnold, Morris S. Arnold

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    Tribute to the Honorable Richard S. Arnold, Philip B. Heymann

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    Tribute to the Honorable Richard S. Arnold, Price Marshall

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    Tribute to the Honorable Richard S. Arnold, Richard W. Garnett

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    Tribute to the Honorable Richard S. Arnold, Anne Cohen

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    Tribute to the Honorable Richard S. Arnold for His Service as Chief Judge of the United State Court of Appeals for the Eighth Circuit

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    [Tru/Fals]isms: A Statistical Analysis of Several Arkansas Judicial Election Bromides, Honorable Timothy Davis Fox

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    Trusts and Estates - Spendthrift Trusts and the "Happenstance of Bankruptcy" Rule, Jonathan R. Shulan

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    Trusts & Estates Law—Trust Protectors—Increasing Trust Flexibility and Security While Decreasing Uncertainty of Liabilities for Doing So: How Amending Ark. Code Ann. § 28-73-808 to Better Conform with the Modern Trend of Clarifying Trust Protection Could Effectively End the Fiduciary Guessing Game in Arkansas, J. Andy Marshall

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    Truth Matters: A Call for the American Bar Association to Acknowledge Its Past and Make Reparations to African Descendants, Adjoa A. Aiyetoro

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    TV or Not TV: The Telecast of Appellate Arguments in Pennsylvania, Stephen J. McEwen

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    Twelve Prose Poems by Roger J. Traynor (with a Nod to Charles Baudelaire), Jon B. Eisenberg

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    Twenty-Five Years of a Divided Court and Nation: "Conflicting" Views of Affirmative Action and Reverse Discrimination, Shaakirrah R. Sanders

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    Twice Grilled, J. Thomas Sullivan

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    Two Books, Ten Days, Nancy Bellhouse May

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    Unequaled Expertise: Childress and Davis's Federal Standards of Review, Henry Deeb Gabriel

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    Unpleasant Duties: Imposing Sanctions for Frivolous Appeals, Mark R. Kravitz

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    Unpublished Decisions in the Federal Courts of Appeals: Making the Decision to Publish, Stephen L. Wasby

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    Unpublished Opinions: A Comment, Richard S. Arnold

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    Unshackling Shawanna: The Battle Over Chaining Women Prisoners during Labor and Delivery, Elizabeth Alexander

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    Use of Comparative Law in Determining the Customary International Law of Human Rights, Kenneth S. Gallant

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    Use of Electronic Appeal Transcripts in the Alberta Court of Appeal, Roger Philip Kerans and Patrick Keys

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    Using Evidence of Women's Stories in Sexual Harassment Cases, Theresa M. Beiner

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    Using Legislative History in Arkansas to Determine Legislative Intent: An Examination of Cases and Review of the Sources, Kathryn C. Fitzhugh and Melissa M. Serfass

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    Vacatur of Arbitration Awards: The Poor Loser Problem or Loser Pays?, Stanley A. Leasure

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    Voices of the Brown Generation: Description of a Project, Mildred Wigfall Robinson

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    Water Federalism and the Army Corps of Engineers' Role in Eastern States Water Allocation, Robert Haskell Abrams

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    We Gotta Get Out of This Place: When Residential Tenants Leave Due to Exigent Circumstances, Elena Marty-Nelson

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    Well, Now, Ain't That Just Fugacious!: A Basic Primer on Arkansas Oil and Gas Law, Thomas A. Daily and W. Christopher Barrier

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    "We're Your Government and We're Here to Help": Obtaining Amicus Support from the Federal Government in Supreme Court Cases, Patricia A. Millett

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    What Appellate Judges Do, Rick Sims

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    What Do You Do When Nothing Seems to Work: An Evaluation and Suggested Approach to Addressing the Diversity Issue in Legal Profession, Michael Hunter Schwartz and JB Smiley Jr.

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    What's the Difference? Comparing the Advocacy Preferences of State and Federal Appellate Judges, David Lewis

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    When Does the Curiae Need an Amicus?, Luther T. Munford

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    When is Finality . . . Final? Rehearing and Resurrection in the Supreme Court, Aaron-Andrew P. Bruhl

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    When Is Oral Argument Important? A Judicial Clerk's View of the Debate, Michael Duvall

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    When Reasonable Jurists Could Disagree: The Fifth Circuit's Misapplication of the Frivolousness Standard, Brent E. Newton

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    When the President Says No: A Few Thoughts on Executive Power and the Tradition of Solicitor General Independence, Drew S. Days III

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    White Male Heterosexist Norms in the Confirmation Process, Theresa M. Beiner

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    Whittling: Drafting Concise and Effective Appellate Briefs, Brian K. Keller

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    Who We Are, Nancy Bellhouse May

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    Why Arkansas Should Adopt the Revised Uniform Limited Liability Company Act, Carol R. Goforth

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    Why Judges Don't Like Petitions for Rehearing, Richard S. Arnold

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    Why Me?, Walter Dellinger

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    Why Reparations to African Descendants in the United States Are Essential to Democracy, Adjoa A. Aiyetoro

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    Wiley Austin Branton and the Voting Rights Struggle, Judith Kilpatrick

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    Wills—Holographic Wills and Testamentary Intent—Extrinsic Evidence Is Inadmissible to Prove Testimentary Intent for Holographic Wills Lacking Words of Disposition. Edmundson v. Estate of Fountain, No. 03-1459, 2004 WL 1475423 (Ark. July 1, 2004), J. M. Robinette

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    Words to the Wise: David C. Frederick's Supreme Court and Appellate Advocacy, Mark R. Kravitz

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    Writing a Better Brief: The Civil Appeals Style Manual of the Office of the Maryland Attorney General, Andrew H. Baida

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    Written and Oral Persuasion in the United States Courts: A District Judge's Perspective on Their History, Function, and Future, Mark R. Kravitz

 
 
 

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