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Bowen Law Repository: Scholarship & Archives

Bowen Law Repository: Scholarship & Archives

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    Content Posted in 2017

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    A Call for Clarity Resulting from Daimler Ag v. Bauman: Jurisdictional Veil Piercing in the Context of Parent and Subsidiary Corporations and the Irrelevance of Fraud or Injustice, Hays C. Doan

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    A Look at Civil Gideon: Is There A Constitutional Right to Counsel in Certain Civil Cases?, Jess H. Dickinson

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    An Opening for Quid pro Quo Corruption? Issue Advertising in Wisconsin Judicial Races Before and After Citizens United, Christopher Terry and Mitchell T. Bard

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    A Past and Future of Judicial Elections: The Case of Montana, Anthony Johnstone

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    Appellate Court Rules Governing Publication, Citation, and Precedential Value of Opinions: An Update, David R. Cleveland

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    A Practical Guide to Appellate Judging, J. E. Cote

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    A Practical Guide to Recent Developments in Federal Habeas Corpus for Practicing Attorneys, J. Thomas Sullivan

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    Arkansas, Meet Tarasoff: The Question of Expanded Liability to Third Persons for Mental Health Professionals, J. Thomas Sullivan

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    Arkansas’s Trust Code and Trust Planning: A Ten-Year Perspective, Lynn Foster

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    A Spirited Revolution: Local Option Elections and the Impending Death of Prohibition in Arkansas, Justin Wayne Harper

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    Bias in Disguise: The Constitutional Problems of Arkansas’s Intrastate Commerce Improvement Act, John M. A. DiPippa

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    Book Review: The Conflict Paradox: Seven Dilemmas at the Core of Disputes by Bernie Mayer, Kelly Browe Olson

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    Brady Misconduct Remedies: Prior Jeopardy and Ethical Discipline of Prosecutors, J. Thomas Sullivan

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    Bridging the Gap: Rethinking Outreach for Greater Access to Justice, Rebecca L. Sandefur

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    Centering the Teenage "Siren": Adolescent Workers, Sexual Harassment, and the Legal Construction of Race and Gender, Anastasia M. Boles

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    Constitutional Law—Fifth Amendment and Takings—Courts and the Judicial Process Will Impede Orderly City Development by Limiting Local Governments’ Use of Exactions in Development Planning. Koontz V. St. Johns River Water Management District, 133s. Ct. 2586 (2013)., Rebecca L. Matlock

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    Constitutional Law—Fourth Amendment and Seizures— Accidental Seizures by Deadly Force: Who is Seized During a Police Shootout? Plumhoff V. Rickard, 134 S. Ct. 2012 (2014)., Adam D. Franks

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    Constitutional Law—Fourth Amendment—State V. Allen: An Effective Alternative to Unconstitutional "Safety Checks" on the State’s Waters, Christian Harrod

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    Creating Kairos at the Supreme Court: Shelby County, Citizens United, Hobby Lobby, and the Judicial Construction of Right Moments, Linda L. Berger

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    Defending the Guilty: Lawyer Ethics in the Movies, J. Thomas Sullivan

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    Dissecting the Hybrid Rights Exception: Should It Be Expanded or Rejected?, David H. Hudson Jr. and Emily H. Harvey

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    Environmental Law—Regulation of Concentrated Animal Feeding Operations—Reducing the Nuisance: How Arkansas Can Use Its Right-To-Farm Statute to Protect Against the Destruction of CAFOs, Kristin Titley

     

    Equity Investor Tax Credits: Legislative Update, Joseph R. Bell, Michael M. Watts, and Jeff B. Woodmansee

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    Ethical and Aggressive Appellate Advocacy: The "Ethical" Issue of Issue Selection, J. Thomas Sullivan

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    Family Law–Providing for Those Who Cannot Provide for Themselves: A Proposal for the Arkansas General Assembly to Follow in the Footsteps of an Already Expansive Guardianship Law and Grant Guardians the Right to File for Divorce on Behalf of a Ward, Matthew L. Brunson

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    From Market Failure to 100% Access: Toward a Civil Justice Continuum, John M. Greacen, Amy Dunn Johnson, and Vincent Morris

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    Furman, after Four Decades, J. Thomas Sullivan

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    Generation Gaps and Ties That Bind: Constitutional Commitments and the Framers' Bequest of Unamendable Provisions, George Mader

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    George Washington. Elena Kagan, and the Town of Greece, New York: The First Amendment and Religious Minorities, Kermit V. Lipez

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    God and Guns: The Free Exercise of Religion Problems of Regulating Guns in Churches and Other Houses of Worship, John M.A. DiPippa

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    Guide to Structuring Resales of Restricted Securities Held by Control and Non-Control Holders Under Federal and Arkansas Law, John F. Griffee

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    Home Rule School Districts: An Opportunity For Meaningful Reform Or Simple Window Dressing?, Charles W. Goldner Jr.

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    In the Twelve Years of Nafta, the Treaty Gave to Me ... What, Exactly?: An Assessment of Economic, Social, and Political Developments in Mexico Since 1994 and Their Impact on Mexican Immigration into the United States, Ranko Shiraki Oliver

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    Is Limited Remand Required If the District Court Admitted or Excluded Evidence Without a Daubert Analysis?, Robert B. Gilbreath

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    Is the Fourth Amendment Obsolete?–Restating the Fourth Amendment in Functional Terms, John M.A. DiPippa

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    Jacob's Blessing, Cooperative Grace, and Practicing Law with a Limp, John M.A. DiPippa

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    Judicial Recusal: It’s Time to Take Another Look Post-Caperton, Robert L. Brown

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    Justice in The Hinterlands: Arkansas as a Case Study of the Rural Lawyer Shortage and Evidence-Based Solutions to Alleviate It, Lisa R. Pruitt, J. Cliff McKinney, and Bart Calhoun

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    Law School Deans and the “New Normal.", Peter C. Alexander

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    Lay Witness Opinion Testimony on Mental State and Depression: A Call For Reform, Adam Santeusanio

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    Litigating a Novel Course and Scope of Employment Issue: INA of Texas v. Bryant, J. Thomas Sullivan

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    Lon Fuller, the Model Code, and the Model Rules, John M.A. DiPippa

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    Making the Peg Fit the Hole: A Superior Solution to the Inherant Problems of Incorporated Definitions, Lindsey P. Gustafson

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    Mexico's Dilemma: Workers' Rights or Workers' Comparative Advantage in the Age of Globalization?, Ranko Shiraki Oliver

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    New Mexico's Summary Calendar for Disposition of Crimnal Appeals: An Invitation to Inefficiency, Ineffectiveness and Injustice, J. Thomas Sullivan

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    Once Is Enough: A Proposed Bar of the Injured Employee's Cause of Action Against A Third Party, Philip D. Oliver

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    Patent Eligibility and Physicality in the Early History of Patent Law and Practice, Ben McEniery

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    Peter Singer, Drowning Children, and Pro Bono, John M.A. DiPippa

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    Preservation Rules in the Federal Courts of Appeals, Ian S. Speir and Nima H. Mohebbi

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    Property Law—Upending the Familiar Tools of Estate Planning: Equity Renders Revocable Trusts Subject to the Arkansas Spousal Election. In Re Estate of Thompson, 2014 Ark. 237, 434 S.W.3d 877., Lucy L. Holifield

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    Public Defenders and Appointed Counsel in Criminal Appeals: The Iowa Experience, Tyler J. Buller

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    Query: Should Users of the Legal System Pay for Legal Education, J. Thomas Sullivan

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    "Reforming" Federal Habeas Corpus: The Cost of Federalism; the Burden for Defense Counsel; and the Loss of Innocence, J. Thomas Sullivan

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    Retaliatory Firings: The Remedy Under the Texas Workers' Compensation Act, J. Thomas Sullivan

     

    Seeding Venture Capital: Insights into State-by-State Equity Tax Credit Legislation, Joseph R. Bell and Jeff B. Woodmansee

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    Seeking Educational Equality in the North: The Integration of the Hilburn School System, Peter C. Alexander

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    Seperation of Powers Conflicts in the "Reform" of Arkansas Workers' Compensation Law, J. Thomas Sullivan

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    State and Local Government Fiscal Responsibility: An Integrated Approach, Charles W. Goldner Jr.

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    Systematic Justice: A Proposed Constitutional Amendment to Establish Fixed, Staggered Terms for Members of the United States Supreme Court, Philip D. Oliver

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    Teaching Appellate Advocacy in an Appellate Clinical Law Program, J Thomas Sullivan

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    Texting and the Friction of Writing, Lindsey P. Gustafson

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    The Arkansas Supreme Court’s Unconstitutional Power Grab in Arkansas Department of Human Services V. Shelby and the Judiciary’s Authority in Child-Welfare Cases, Jerald A. Sharum

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    The "Burden" of Proof in Federal Habeas Litigation, J. Thomas Sullivan

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    The Capital Defendant's Right to Make a Personal Plea for Mercy: Common Law Allocution and Constitutional Mitigation, J. Thomas Sullivan

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    The Defense of Necessity in Texas: Legislative Invention Come of Age, J. Thomas Sullivan

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    The Demographic Dilemma in Death Qualification of Capital Jurors, J. Thomas Sullivan

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    The Desk. The Job. The Far Horizon, Nancy Bellhouse May

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    The Foreign Intelligence Surveillance Act and The Separation of Powers, Scott A. Boykin

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    The Lawyering Process: An Example of Metacognition at Its Best, John M.A. DiPippa and Martha M. Peters

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    The Past as Prologue, Nancy Bellhouse May

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    The Promises and Pitfalls of State Eyewitness Identification Reforms, Nicholas A. Kahn-Fogel

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    The Right to Be Let Alone: The Kansas Right of Privacy, J. Lyn Entrikin

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    The Statute, the Constitution, the Caselaw, and the Appellate Lawyer as Sleuth, Leslie Hyman

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    The Texas Court of Criminal Appeals: A Modest Critique of Appellate Decisionmaking, J. Thomas Sullivan

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    Unexplained Accidents and Assaults: the Problems and Burdens of Proof Under the Texas Workers' Compensation Statute, J. Thomas Sullivan

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    Use of the "Zola Plea" In New Jersey Capital Prosecutions, J Thomas Sullivan

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    When Death is the Issue: Uses of Pathological Testimony and Autopsy Reports at Trial, J. Thomas Sullivan

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    Why Low-Income Workers Need to Save for Retirement and How They Can Do It, Philip C. Aka, Chidera Oku, Elizabeth Arnott-Hill, and Aref A. Hervani

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    With All My Worldly Goods I Thee Endow: The Law and Statistics of Dower and Curtesy in Arkansas, J. Cliff McKinney

 
 
 

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