Entries - Entry Category: Laws and Court Cases - Starting with B

Baptist Health v. Murphy was an extended legal battle culminating in a 2010 ruling by the Arkansas Supreme Court. Addressing the issue of economic credentialing, and resolving a dispute that had first entered the judicial system in February 2004, the court eventually ruled in favor of a group of doctors whose part ownership in competing hospitals had been deemed a violation of the contracting hospital’s conflict of interest policy, which had resulted in the severance of their association and employment. In its ruling, the court upheld a previously issued permanent injunction, and Baptist Health was permanently prevented from implementing the policy. The genesis of the case was the adoption in May 2003 of the Economic Conflict of Interest Policy by …

In 1906 and 1907, a notable case made its way through the courts. An African-American man named Govan Beard was convicted and sentenced to death for assaulting a white woman in Phillips County. When the Arkansas Supreme Court twice denied his appeal, and Governor Jeff Davis refused to pardon Beard even though the alleged victim recanted her claims, the case made it to the U.S. Supreme Court. Govan Beard is most likely the one-year-old boy listed as Eaton Govan Beard in the 1880 census. At that time, he was living in Helena (Phillips County) with his mother, Chana Beard, and four siblings (Peter, George, Mary, and Walter). By 1900, Govan was still living in Helena with his mother and his …

Examination of the cases of Black youths Robert Bell and Grady Swain shines a powerful light on the ordeals encountered by African Americans accused of committing crimes in Arkansas during the years of segregation. If African Americans managed to avoid the extralegal threat of lynching and made it into the criminal justice system at all, they then faced the prospect of law enforcement officials using torture to extract confessions, the racial prejudices of all-white courtrooms and all-white juries, and the fickleness of state politicians and state government. On the afternoon of Thursday, December 29, 1927, sixteen-year-old Robert Bell and fourteen-year-old Grady Swain were playing outside the white-owned store of William Bunge “Bunn” McCollum in Greasy Corner (St. Francis County). Their …

Arkansas’s first blue laws, also called Sunday-closing laws, were enacted in 1837, only a year after Arkansas’s statehood. Though no blue laws have been in effect since 1982, they influenced the state’s culture and commerce for nearly a century and a half. Blue laws have been part of American history since people began emigrating from Europe, where the laws were common. Virginia established the first blue law in the American colonies in 1610. The First Amendment to the U.S. Constitution forbidding the establishment of religion may have called into question the legality of Sunday-closing laws, but it did not stop nearly all states from adopting them. Historically, courts have ruled that state legislatures could proclaim a weekly day of rest …

When the U.S. Supreme Court declared in 1944 that Southern states could no longer bar African Americans from voting in party primaries because it violated the U.S. Constitution, Arkansas legislators and Democratic Party officials set about to thwart the expected flood of new voters in the primaries. These steps, including loyalty oaths, produced so much confusion at the polls in 1946 that they were abandoned, and Black voters surged to the polls for the first time in the Democratic primaries of 1948. The white Democratic-led response resulted in the criminal investigation, prosecution, and conviction of a young civil rights advocate who later became one of the South’s most renowned civil rights lawyers. The Arkansas Supreme Court case upholding the conviction …

Arkansas has struggled for much of its history to fund the education of its children—particularly during the Great Depression, when the state found itself unable to pay its debts, match federal aid for such things as food commodities, or pay teachers in order to keep schools open for a full term. At that time and others, the Arkansas General Assembly and the governor, in search of remedies to get through a crisis, enacted laws that seemed at odds with the state and federal constitutions. Disputes over these acts went to state courts and sometimes to the Arkansas Supreme Court. One such case was Burrow v. Pocahontas School District No. 19, in which the Supreme Court upheld a legislative remedy allowing …