Law Issues and Controversies

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Arkansas Prison Blood Scandal

The Arkansas prison blood scandal resulted from the state’s selling plasma extracted from prisoners at the Cummins Unit of the Arkansas Department of Correction (ADC). Corruption among the administrators of the prison blood program and poor supervision resulted in disease-tainted blood, often carrying hepatitis or HIV, knowingly being shipped to blood brokers, who in turn shipped it to Canada, Europe, and Asia. Revelation of the misdeeds and the healthcare crisis it created in Canada nearly brought down the Liberal Party government in 1997. In 1994, Arkansas became the last state to stop selling plasma extracted from prisoners. Arkansas’s prison blood program began in 1964 as a way for both prisoners and the prison system to make money. (Arkansas law forbids …

Blockbusting

Blockbusting, or “panic peddling,” was a process whereby real estate agents urged white property owners to sell their property at low prices (often below market value) in response to their fear that black families would move into their neighborhood. Emerging primarily out of the Great Migration, or the resettlement of African Americans from the rural South seeking employment in the industrialized North between approximately 1915 and 1970, blockbusting matured as a real estate tactic amid population growth in urban areas of major cities all over the country and the racial tension accompanying it. Other processes in the housing market aided real estate agents who operated as blockbusters. With mortgage lenders denying loans to residents of certain areas who were deemed …

Consensual Guardianship

The legal matter of consensual guardianship deals with a parent who consents to allow another person to be the guardian of a child and later revokes that consent. This situation usually arises when a parent is temporarily unable to raise a child (perhaps because of illness, financial problems, or criminal issues) and allows a family member or friend to be guardian. Over the years, the legal system in Arkansas first favored the guardian in these situations, then came to favor the parent, then slightly turned back to favoring the guardian. Although the Uniform Probate Code (adopted in whole or in part by many states) expressly states that a parent may consent to a guardianship (§ 5-204), the Arkansas guardianship statutes …

Medical Malpractice

Medical malpractice is professional misconduct by physicians and surgeons toward a patient. Historically, malpractice falls into two categories: criminal malpractice covers actions contrary to or expressively forbidden by law; civil malpractice, the dominant form in the twentieth and twenty-first centuries, refers to injurious treatment of the patient that includes unnecessary suffering or death that is due to professional ignorance, carelessness, a want of proper medical skills, and a disregard for established rules and practices. More rarely, malpractice can cover lawyers and other professionals. Medical malpractice suits emerged in the nineteenth century and came about only after the practice of medicine became informed by a scientific revolution that involved such discoveries as sepsis, immunization, and the germ theory. Suits were rare …

Rector, Rickey Ray (Execution of)

Rickey (or Ricky) Ray Rector was the third death row inmate to be executed in Arkansas after the reinstatement of capital punishment in the state in 1990. He was executed despite concerns over his ability to understand the difference between life and death or the consequences of his actions. On March 22, 1981, Rector entered Tommy’s Old Fashioned Home-style Restaurant in Conway (Faulkner County), where he had previously been denied entrance to a private party. Rector fired several shots, killing Arthur Criswell and wounding two others. Two days later, Rector entered his mother’s home while the police were there questioning his mother and sister. Rector shot and killed Robert Martin, a Conway police officer, before running outside and shooting himself …