University of Arkansas at Little Rock: UALR Bowen Law Repository

Pomeroy, Chad J.

English

Can God Create a Rock So Heavy That He Cannot Lift It? Outlawing Pensions Under State Constitutions

Nelson, Ronald L.

Cooper v. Aaron: The First in the Trifecta of Modern American Federalism Cases

May, Nancy Bellhouse

The Journal of Appellate Practice and Process 
Volume 20 Issue 1 Article 1 
2019 
The Picture 
Nancy Bellhouse May 
University of Arkansas at Lttle Rock William H. Bowen School of Law, nbmay@ualr.edu 
Follow this and additional works at: https://lawrepository.ualr.edu/appellatepracticeprocess 
 Part of the Legal History Commons 
Recommended Citation 
Nancy Bellhouse May, The Picture, 20 J. APP. PRAC. & PROCESS v (2019). 
Available at: https://lawrepository.ualr.edu/appellatepracticeprocess/vol20/iss1/1 
This document is brought to you for free and open access by Bowen Law Repository: Scholarship & Archives. It has 
been accepted for inclusion in The Journal of Appellate Practice and Process by an authorized administrator of 
Bowen Law Repository: Scholarship & Archives. For more information, please contact mmserfass@ualr.edu. 
41867-aap_20-1 S
heet N
o. 3 S
ide A
      12/10/2019   14:38:26
41867-aap_20-1 Sheet No. 3 Side A      12/10/2019   14:38:26
\\jciprod01\productn\a\aap\20-1\for201.txt unknown Seq: 5  4-DEC-19 16:12
THE JOURNAL OF
APPELLATE PRACTICE
AND PROCESS
FOREWORD
THE PICTURE
I have a picture of Justice Ginsburg in my office. But not the
picture you’re picturing. Mine features neither the jauntily tipped
crown1 nor the dark dissent collar.2 It is instead an old black-and-
white taken after a law-school moot court. And although this
may sound unlikely to anyone reading The Journal today, Justice
Ginsburg was not the most famous person in the group.
I see the picture every day, in the sense that I would notice if
anything on that wall—the usual lawyerly assortment of licenses,
certificates, and photos that no decorator would ever hang—was
missing. Yet I seldom pay attention to the individual components
of the arrangement because it has been together for more than
thirty years. On most days, it’s all just part of the wallpaper.
But I once took the picture down for a closer look after I
came home from a conference at which I had noticed a familiar
name in the program. To my surprise, Judge Feinberg
remembered me when I introduced myself between sessions and
immediately waved someone else over. “You know that picture
on the wall of my chambers?” he asked her, explaining how he
and I had ended up in it some twenty years before. He grinned. I
grinned. And then I shook the newcomer’s hand and confessed
that I had the picture on my wall too.
Even my conversation with Judge Feinberg was more than a
decade behind me when I took the picture down again this fall.
Justice Ginsburg was coming with Nina Totenberg of NPR to
1. See, e.g., IRIN CARMON & SHANA KNIZHNIK, NOTORIOUS RBG: THE LIFE AND
TIMES OF RUTH BADER GINSBURG (2015) (using Adam Johnson’s crowned Justice as its
cover illustration).
2. See, e.g., RBG’s Jabots Are Much More Than an Accessory, CNN VIDEOS (Aug.
21, 2018), https://www.cnn.com/videos/tv/2018/08/21/rbg-film-collars.cnn (displaying the
dissent collar at 00:50 on the scrubber bar).
41867-aap_20-1 S
heet N
o. 3 S
ide B
      12/10/2019   14:38:26
41867-aap_20-1 Sheet No. 3 Side B      12/10/2019   14:38:26
\\jciprod01\productn\a\aap\20-1\for201.txt unknown Seq: 6  4-DEC-19 16:12
vi THE JOURNAL OF APPELLATE PRACTICE AND PROCESS
speak in Little Rock, and knowing that I would see the Justice
only from afar because thousands had registered for seats,3 I
took a moment to look back toward law school instead of ahead
to the evening’s event. Alone in my office, seeing the younger
version of myself standing with Judge Feinberg, then-Judge
Ginsburg, and Justice O’Connor, it occurred to me that because
the principals in that oral argument were mostly women—two on
the three-judge bench and two more among the four student
advocates—it might have been a first in the competition’s long
history. I like to think it was.
Historic first or not, arguing before that bench was a
milestone for me. Yet I know that none of the little girls I saw in
the audience for the Justice’s talk in Little Rock will need to
mark an event like it in their own lives. Ruth Bader Ginsburg’s
work as scholar, as lawyer, and as judge and Justice has added to
American law—and so to American life—an understanding that
the “full citizenship stature”4 once reserved solely for men is at
last open to women as well.
THE ISSUE
This issue, which begins with Judge Davidson’s poignant
tribute to his mentor, covers a broad range of topics. Judge Lipez
addresses the trend discernible in the Supreme Court’s recent
church/state decisions and endorses a different approach.
Professors Bennardo and Chew add a report on their
groundbreaking study of citation stickiness. And Dr. Tracol
explains the importance of the agency boards of appeal to the
3. See, e.g., Five Inspiring Quotes from Justice Ruth Bader Ginsburg’s Lecture in
Little Rock, Arkansas, CLINTON FOUND. (Sept. 9, 2019), https://stories.clintonfoundation.
org/five-inspiring-quotes-from-justice-ruth-bader-ginsburgs-lecture-in-little-rockarkansas-
5b034176e485 (reporting that Justice Ginsburg and Ms. Totenberg “spoke to a crowd of
more than 13,000 people at an event hosted by the Clinton Presidential Center and
Clinton School of Public Service”).
4. United States v. Va., 518 U.S. 515, 542 n.12 (1996) (recognizing that speculation
about women’s requiring different treatment than programs designed for men can
provide—extra “nurturing and support,” for example—has “attended, and impeded,
women’s progress toward full citizenship stature throughout our Nation’s history”); see
also id. at 532 (pointing out that “neither federal nor state government acts compatibly
with the equal protection principle when a law or official policy denies to women, simply
because they are women, full citizenship stature—equal opportunity to aspire, achieve,
participate in and contribute to society based on their individual talents and capacities”
(citations omitted)).
41867-aap_20-1 S
heet N
o. 4 S
ide A
      12/10/2019   14:38:26
41867-aap_20-1 Sheet No. 4 Side A      12/10/2019   14:38:26
\\jciprod01\productn\a\aap\20-1\for201.txt unknown Seq: 7  4-DEC-19 16:12
FOREWORD vii
European Union’s appellate process. Surely there is something
here to pique the interest of every Journal reader.
NBM
Little Rock
October 24, 2019


The Picture

Sullivan, J. Thomas

A Jurisdictional Skirmish in the Arkansas Appellate Courts: Rule 37 Post-Conviction Appeals and the Importance of Supreme Court Rule 1-2(H)

Guerra-Pujol, F. E.

Domestic Constitutional Violence

Flannery, Michael T.

The “Uncanny Valley” and the Verisimilitude of Sexual Offenders–Part I: An “Ethorobotic” Perspective

Zietlow, Rebecca E.

Cooper Supremacy

Dillard, M. Christine

University of Arkansas at Little Rock Law Review 
Volume 41 
Issue 2 The Ben J. Altheimer Symposium--
Cooper v. Aaron: Still Timely at Sixty Years 
Article 7 
2019 
Editor's Note—The Ben J. Altheimer Symposium—Cooper v. Aaron: 
Still Timely at Sixty Years 
M. Christine Dillard 
Follow this and additional works at: https://lawrepository.ualr.edu/lawreview 
 Part of the Law Commons 
Recommended Citation 
M. Christine Dillard, Editor's Note—The Ben J. Altheimer Symposium—Cooper v. Aaron: Still Timely at Sixty 
Years, 41 U. ARK. LITTLE ROCK L. REV. ii (2019). 
Available at: https://lawrepository.ualr.edu/lawreview/vol41/iss2/7 
This Foreword is brought to you for free and open access by Bowen Law Repository: Scholarship & Archives. It has 
been accepted for inclusion in University of Arkansas at Little Rock Law Review by an authorized editor of Bowen 
Law Repository: Scholarship & Archives. For more information, please contact mmserfass@ualr.edu. 
 
 
EDITOR’S NOTE 
It is easy to forget the sordid history of Little Rock, the State of Arkansas, 
and our nation. It is easy to think that Cooper v. Aaron was decided sixty years 
ago and should be left alone. It is easy to avoid these topics that may make 
some people, including myself, uncomfortable.  
It is difficult to read these articles and recall the embarrassing history of 
segregation in Little Rock, the State of Arkansas, and our nation. It is difficult 
to consider the occurrences of the late fifties and dredge up the harsh realities. 
It is difficult to immerse a room of people and our readers, including myself, 
in a discussion that makes people uncomfortable. 
Although this issue focuses on the constitutional issues of Cooper v. 
Aaron, we are reminded of our nation’s history throughout these articles as 
the authors tell the history of segregation, the Cooper case, and the Little Rock 
Nine.  
It is imperative today, sixty years after the events of Cooper v. Aaron 
occurred, to remind ourselves that these acts took place on our doorsteps—by 
our parents, grandparents, and great-grandparents. It is imperative today, in 
2018, that we look at our actions and resolve to be on the side of justice. It is 
imperative today, in a nation that is integrated but not equal, that we continue 
to do the work to make this nation one of liberty and justice for all. 
Thank you to our esteemed speakers and authors who shared with us on 
September 28, 2018: LaVerne Bell-Tolliver, Grant Christensen, Joel 
Goldstein, Enrique Guerra-Pujol, Sybil Hampton, John Kirk, Ronald Nelson, 
Christopher Schmidt, John Walker, and Rebecca Zietlow. It was a pleasure to 
hear from all of you and read the articles of the contributing authors. Thank 
you to our Symposium Editor, Shelby Howlett, for her hard work to organize 
this event, and all of the other members and apprentices of the Review who 
contributed their efforts.  
Cooper v. Aaron reminds us of the falls and triumphs of the past and 
propels us forward to the triumphs of the future. May we strive not to fall so 
far again. 
M. Christine Dillard* 
 
 
* J.D. expected, UA Little Rock William H. Bowen School of Law, 2019; Bachelor of Arts, 
General Studies, Harding University, 2012. During the 2018–19 year, Dillard served as Editor-
in-Chief of the UA Little Rock Law Review. 


Editor\u27s Note—The Ben J. Altheimer Symposium—Cooper v. Aaron: Still Timely at Sixty Years

Borkowski, Misty Wilson

Continuing Evolution of Juvenile Sentencing Laws

Childs, William Gordon

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

University of Arkansas at Little Rock

Not a member yet