University of Arkansas at Little Rock
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Constitutional Law—Ballot Initiatives and Direct Democracy—Amendment 100 to the Arkansas Constitution: Constitutional Issues Surrounding Ballot Initiatives and Local Legislation
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
Civil Rights Law—Out of the Shadows: The Case for Arkansas to Achieve Full Compliance with the Prison Rape Elimination Act
“Remarkable Influence”: The Unexpected Importance of Justice Scalia\u27s Deceptively Unanimous and Contested Majority Opinions
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
Time to Mail it In? A Survey of 2020 Voting Rights Issues in Arkansas and Recommendations for More Inclusive Elections
The highly contagious COVID-19 pandemic, combined with over fifty lawsuits brought by former President Donald Trump, made the general election of 2020 one of the most controversial in the history of the United States. Accusations of voter disenfranchisement proliferated across the nation and were initiated by members of both sides of the political spectrum, even before Election Day. Arkansas was no exception to this rule. In 2020, multiple Arkansas lawsuits highlighted the weaknesses of the state’s voter infrastructure, particularly with regard to the absentee ballot process. Voting-by-mail was particularly important in the pandemic year when long lines became a public health danger, and Arkansans requested absentee ballots at a rate that was three times more than the prior general election. Perhaps it should be no surprise that voter participation in Arkansas was at an all-time low of 55.5%, placing it at 50th in the nation for election turnout. This Article explores 1) the voter suppression features of the Arkansas election infrastructure, and 2) more inclusive methods of voting—such as universal mail-in ballots and internet-based voting—which could be adopted in Arkansas
Mass Shootings, Mental Illness, and Tarasoff
The continuing public attention focused on acts of mass violence, including mass shootings, has understandably created significant concerns over the ability to protect individuals from death and injury attributable to these acts. At least two generalized explanations for this kind of violence have been put forward, based on the nature of the acts and apparent motivation of the perpetrators, who are often killed in the process by themselves or law enforcement officers. Many acts of mass violence are committed by individuals confirmed to be terrorists, acting with political or religious-political motivations. Others are assumed to be committed by individuals acting out of mental instability. For at least the latter, evidence of prior mental health problems or treatment affords support for the notion that mental health professionals may offer the potential for prevention in some cases or instances. While looking to the mental health professions for solutions to some cases of mass violence may seem logical and has resulted in legislative responses that recognize or create a duty for mental health professionals to warn or take other protective action to prevent injury to third persons, it is far from clear that this approach can be counted on to yield favorable results, and certainly not with respect to all, or even a majority of episodes of mass violence