Content Posted in 2022 | Bowen Law Repository: Scholarship & Archives | University of Arkansas at Little Rock William H. Bowen School of Law Research

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Content Posted in 2022

Administrative Law—The Wholesale Human: The Ineffectuality of Responsive Regulation to Advancements in Reproductive Biotechnology Post Roe v. Wade, E. Jonathan Mader

A License to Plagiarize, Brian L. Frye

Amicus Curiae Brief: Private For Profit Incarceration Violates the 13th Amendment of the United States Constitution, andré douglas pond cummings, Zoë Harris, Casey Bates, and Natasha Cornell

Anatomy of a Failure: The War Powers Resolution as Law on the Books and Law in Action, Luis Leon Arzich

A New Stage in the Struggle for Voting Rights, Lynn Adelman

Arkansas and the 3P Paradigm: What the Arkansas General Assembly Should Do to Better Protect Victims of Sex Trafficking, Prosecute Sex Trafficking Offenders, and Prevent Sex Trafficking From Occurring Within the State, Melody Pruitt-Guffey

Arkansas Practice Materials: A Selective Annotated Bibliography, Jessie Wallace Burchfield and Melissa Serfass

Arkansas’s Civil Asset Forfeiture Statute and the Eighth Amendment’s Excessive Fines Clause, Aaron Newell

A Ticket to Jail: Do Minor Traffic Violations Result in Jail Time for Poor Arkansans?, Jessie Wallace Burchfield

Book Review of Law in the Time of COVID-19, Jessie Wallace Burchfield

Business Judgment Rule or Due Diligence? How to Reduce Vicarious Liability for SPAC Directors and Officers, Beau Duty

Can God Create a Rock So Heavy That He Cannot Lift It? Outlawing Pensions Under State Constitutions, Chad J. Pomeroy

Caste Discrimination and Federal Employment Law in the United States, Brian Elzweig

Cause for Concern or Cause for Celebration?: Did Bostock v. Clayton County Establish a New Mixed Motive Theory for Title VII Cases and Make It Easier for Plaintiffs to Prove Discrimination Claims?, Terrence Cain

CIVIL RIGHTS—Answering the “Million Dollar” Question: The Meaning of “Sex” for the Purposes of Title IX, Title VII, and the Equal Protection Clause, and Its Impact on Transgender Students’ Membership in Fraternal Organizations, Jacob Wickliffe

Civil Rights Law—Out of the Shadows: The Case for Arkansas to Achieve Full Compliance with the Prison Rape Elimination Act, Connor Thompson

Civil Rights Law—Questioning McDonnell Douglas? #MeToo.: Resolving the McDonnell Douglas Mixed-Motive Question by Adopting the Sixth Circuit’s Preference for Hearing Victims, Laura O’Hara

Constitutional Law—A Tale of Two Shootings: Should a Bivens Remedy Be Available When CBP Agents Shoot and Kill Victims on the Mexican Side of the Border?, Glenn Larkin

Constitutional Law—Ballot Initiatives and Direct Democracy—Amendment 100 to the Arkansas Constitution: Constitutional Issues Surrounding Ballot Initiatives and Local Legislation, Michael Stiritz

Constitutional Law—Fourteenth Amendment and Fetal Personhood—Established Injustice: American Abortion Jurisprudence and the Irreducible, Geoffrey "Chip" Gross

CONSTITUTIONAL LAW—Fourth Amendment Search and Seizure—Online Schools During a Pandemic: Fourth Amendment Implications When the State Requires Your Child to Turn on the Camera and Microphone Inside Your Home, Conan N. Becknell

Constitutional Law—Large-Capacity Magazine Bans and the Second Amendment, Jared Self

Constitutional Law—Preserving Dignity: The Due Process Restriction on Shackling Criminal Defendants Should Also Apply to Non-Jury Proceedings, Shelby Shelton

Constitutional Law—The Erosion of Political Anonymity and Its Chilling Effect on Freedom of Association: Reconsidering the Constitutionality of the Mandated Public Disclosure of Individuals’ Political Donations, Scout Snowden

Constitutional Law—The Powers of State Attorneys General to Determine Public Interest, J. Dillon Pitts

Constitutional Law—Where Does It Fit? Solving the School Board Prayer Puzzle, Austin Reed

Continuing Evolution of Juvenile Sentencing Laws, Misty Wilson Borkowski

Contract Law—Arkansas’s Un-American Approach to Attorney’s Fees for Breach of Contract, Michael J. Berry

Contract Law—Conspicuous Arbitration Agreements in Online Contracts: Contradictions and Challenges in the Uber Cases, Matthew Hoffman

Criminal Law—An Analysis of the Scope of Unlicensed Concealed Carry of a Firearm in Arkansas Pursuant to Arkansas Code Annotated Section 5-73-120 as Amended by Act 746 of 2013., Hannah Webb Howard

Criminal Law—The Call for an Adequate Remedy: The Lack of Deterrence and Judicial Consequences for Prosecutors who Habitually Violate Batson, Altimease Lowe

Criminal Law—The Federal Sentencing Guidelines: Examining the Physical Restraint Sentencing Enhancement, Drew Curtis

Criminal Procedure—Technology in the Modern Era: The Implications of Carpenter v. United States and the Limits of the Third-Party Doctrine as to Cell Phone Data Gathered Through Real-Time Tracking, Stingrays, and Cell Tower Dumps, Deepali Lal

Diagrammatics and the Proactive Visualization of Legal Information, Michael D. Murray

DisAPPEARing Act: Arkansas’s Circularly-Defined Default, Judge Victor A. Fleming

Document Review: You’re Doing It Wrong Cognitive Psychology and the Attorney’s Mental Plate, Robert Keeling

Donative Hot-Powers Cases Under the Uniform Power of Attorney Act, F. Philip Manns Jr.

Employee Benefits Law—Shifting the Burden Out of Neutral: Why Burden-Shifting Is Necessary in ERISA Breach of Fiduciary Duty Claims, William G. McGrath

Employment Law—Antidiscrimination—Falling Into the Legal Void: How Arkansas Can Protect Unpaid Interns From Discrimination and Harassment, Christina Redmann

Employment Law—Just Let Them Handle It Amongst Themselves: An Argument in Favor of Abandoning the Application of the Lynn's Food Stores Standard to FLSA Settlement Agreements, Matthew C. Lewis

Eradicating the School-to-Prison Pipeline Through a Comprehensive Approach to School Equity, Morgan Craven, Paula Johnson, and Terrence Wilson

Family Law—Breach Baby: An Argument for Equal Enforcement of Traditional and Gestational Surrogacy Contracts, James M. Gift

Four Pathways of Undermining Board of Trustees of the University of Alabama v. Garrett, Derek Warden

Goat Testicles, Scientific Evidence, and Consequences: Stopping a Killing Spree with Nothing But Evidence Law, William Gordon Childs

Immigration Law—Creating Consistency in Domestic Violence Asylum Cases, Zoya Miller

Is It Time for Arkansas to Consider Pretrial Reform?, Judge Cindy Grace Thyer

Labor And Employment—Not Waiting for Superman: Collective Bargaining as an Affirmation of Teachers' Value, Christopher Yeatman

Liberty and Health, Frank Griffin

Making the Case for School-and-Neighborhood Desegregation Approach to Deconstructing the School-to-Prison Pipeline, Deborah Fowler, Madison Sloan, and Ellen Stone

Moving the Needle: Two Promising Tools to Attack Arkansas’s Racial Disparity in Criminal Sentencing, Anastasia M. Boles

New Contexts and Special Factors: The Court’s New Bivens Framework, Alexander J. Lindvall

Overcoming Barriers to School Reentry for Youth Leaving Juvenile Justice Facilities, Sarah Beebe and Dustin Rynders

Probate Law—A New Guardian Angle: A Proposed Change to Arkansas’s Public Policy on Guardianship for Individuals with Intellectual Disabilities, Gabrielle Davis-Jones

Property Law—Beyond Repair: The Persistent Unconstitutionality of the Failure to Vacate Statute, Colin Boyd

Property Law—Tax Increment Financing—A Case for Bringing TIF Back to the State of Arkansas, Tucker M. Brackins

Protecting the Child Bride: Following Texas' Middle-Ground Approach, Wendy Ross

Racial Captialism and Race Massacres: Tulsa's Black Wall Street and Elaine's Sharecroppers, andré douglas pond cummings and Kalvin Graham

Roadmap for Anti-Racism: First Unwind the War on Drugs Now, andré douglas pond cummings and Steven A. Ramirez

Section 230 Immunity: How the Trump Era Has Exposed the Current Conflict Between the First Amendment and the Good Samaritan Clause in the Modern Public Square, Brandon Salter and Dhillon Ramkhelawn

Taking Care with Text: "The Laws" of the Take Care Clause Do Not Include the Constitution, and There Is No Autonomous Presidential Power of Constitutional Interpretation, George Mader

The 21st Century Cowboy: Robots on the Range, Henry H. Perritt Jr.

The Farcical Samaritan's Dilemma, andré douglas pond cummings and Steven A. Ramirez

The Motor Carrier Excuse, David M. Cole

The Racist Roots of the War on Drugs and the Myth of Equal Protection for People of Color, andré douglas pond cummings and Stephen A. Ramirez

The Ripples of Backlash: Same-Sex Marriage, the Election of 2004, and the Evolution of Constitutional Law, Earl M. Maltz

The Sperminator as a Public Nuisance: Redressing Wrongful Birth and Life Claims in New Ways (A.K.A. New Tricks for Old Torts), Barbara Pfeffer Billauer

Time to Mail it In? A Survey of 2020 Voting Rights Issues in Arkansas and Recommendations for More Inclusive Elections, Kim Vu-Dinh

Toward a Socially Just Peace in the War on Drugs?: The Illinois Cannabis Social-Equity Program, andré douglas pond cummings

Toward the End of School Policing in Texas and Arkansas, Andrew R. Hairston

Trauma, andré douglas pond cummings

Trauma: Community of Color Exposure to the Criminal Justice System as an Adverse Childhood Experience, andré douglas pond cummings, Todd Clark, Caleb Gregory Conrad, and Amy Dunn Johnson

Up in Smoke: Bankruptcy and Cannabis, Peter C. Alexander

What It Takes: A Statistical Analysis of Arkansas Supreme Court’s Petition for Review Process, Justice Rhonda Wood, Jessica Finan Patterson, and Brian W. Johnson

Whether Narcotics Discovered in a Trash Pull, Standing Alone, Can Form Probable Cause to Search a Home, Jackson Jones

Yazzie v. Hobbs: The 2020 Election and Voting by Mail On- and Off-reservation in Arizona, Jean Reith Schroedel, Kara Mazareas, Joseph Dietrich, and Jamaica Bacus-Crawford