Entry Category: Laws and Court Cases - Starting with S

“Save the River Parks” was a slogan adopted by environmental and neighborhood groups in Little Rock (Pulaski County) in a four-year political and legal campaign that ultimately, in 1992, halted construction of a highway along the southern bank of the Arkansas River connecting the city’s downtown district to interstate highways and residential and business districts on the city’s western side. After a citywide vote and losing battles in state and federal courts, the city government, the Arkansas Highway and Transportation Department, and the U.S. Army Corps of Engineers abandoned the road construction. The subsequent construction of bicycle and pedestrian bridges over the Arkansas River and a tributary, as well as a trail system linking some twenty parks along the river …

“Securities” are investment interests that include bonds, corporate stock, promissory notes taken in exchange for investment of capital, and less standardized interests such as ownership interests in partnerships and limited liability companies. Both federal and state laws regulate the purchase and sale of securities as well as the professionals and businesses that engage in commerce in securities. Both sets of laws apply independently, and the requirements of each must be satisfied. Individual states enacted laws regulating securities and the securities industry starting in the early twentieth century. These state laws are commonly referred to as “blue-sky laws,” because they were designed to protect gullible investors against scam artists who took money in exchange for interests no more substantial than shares …

The Separate Coach Law of 1891 (Act 17) was a Jim Crow law requiring separate coaches on railway trains for white and black passengers. The law arose out of the political upheavals of the era, in which the Democratic Party sought to stave off challenges to their dominance by distracting voters with racist concerns, and it further relegated African Americans to the margins of social and economic life. By the late 1880s, large numbers of angry white farmers threatened to leave the Democratic Party and join new agrarian parties, such as the Union Labor and Populist organizations. Democratic chieftains and established elites tried to allay defections and distract attention from economic and class issues that were beginning to divide the …

Shelton v. Tucker was a 1960 U.S. Supreme Court case that thwarted Governor Orval Faubus and his allies’ effort to all but end the operations of the National Association for the Advancement of Colored People (NAACP) in the state. In ruling that the recently enacted Act 10 of 1958 violated the freedom of association protected by the First Amendment, the Court rebuffed the state’s efforts, allowing the organization to continue its work. The statute at issue, Act 10 of 1958, was one of a number passed by the Arkansas General Assembly in the midst of the Central High School desegregation crisis. The law sought not to target the NAACP’s leadership but rather those whom Governor Orval Faubus and the legislature …

The death of William Franklin Skipper near Baxter (Drew County) in 1896 sparked a series of trials the Arkansas Gazette described as “perhaps the strangest case in the criminal annals of Arkansas.” The only certainty in the case seems to be that Skipper, a merchant and sawmill owner and a partner in the firm of Skipper and Lephiew (sometimes spelled Lephlew), died of a knife wound to the neck beside Bayou Bartholomew sometime on May 13, 1896. During the two criminal trials, much of the argument centered on whether he committed suicide or was murdered by a group of African-American men who worked at his mill. The criminal case dragged on for more than two years. The Arkansas Supreme Court overturned the …

Slave codes were the legal codification of rules regulating slavery. These official parameters for slavery were enacted in every colony or state that condoned the institution. Even before Arkansas was a recognized territory, slave codes existed in the region. Adopted by the French in 1724, the Code Noir, or Black Code, set the legal structure of slavery in Louisiana during the French and Spanish periods. The Code Noir was a comprehensive and detailed policy that set forth guidelines for almost every facet of slavery. The initial laws were partly designed to set limits upon slave owners and convey certain responsibilities to the masters regarding their slaves, including setting minimal standards for food, clothing and shelter, long-term care of sick or …

State of Arkansas v. Artoria Smith is a decision of the Pulaski County Circuit Court written by Judge Herbert T. Wright Jr. and filed on January 20, 2015. The decision declared unconstitutional Arkansas’s failure-to-vacate statute—a statute that criminalizes failure to pay rent while remaining on the premises (an act that no other state criminalizes). Three other circuit courts in Arkansas followed suit in declaring the statute unconstitutional. The parties in Arkansas v. Smith stipulated to several facts. Smith and her landlord, Primo Novero, had a lease agreement in 2014. On July 9, 2014, Novero gave Smith ten days’ notice under Arkansas’s failure-to-vacate statute, claiming she had breached the lease. Under the statute, a tenant who remains on the premises more …

State of Arkansas v. Tee Davis was a criminal lawsuit in the Crittenden County Circuit Court in September 1943 that resulted in the conviction of African-American sharecropper and Southern Tenant Farmers’ Union (STFU) member Tee Davis for assault with intent to kill. Davis was at home in Edmondson (Crittenden County) on March 22 with his wife, Elizabeth, when an intruder began pounding on the door demanding that Davis come outside. Fearing for his safety, Davis armed himself with a shotgun and fired two blasts through the door. The intruder was later revealed to be Edmondson business owner and town marshal Harold E. Weaver. Two Crittenden County deputy sheriffs had enlisted Weaver to help them perform warrantless searches of sharecropper cabins …

State v. Buzzard (1842) was a case in the first half of the nineteenth century involving the right of an individual to carry a concealed weapon. The case came two decades after an 1822 Kentucky case that struck down a state law that restricted concealed weapons—although the weapon at issue there was a sword concealed in a cane. Ultimately, given the facts in Buzzard, coupled with the language of the Second Amendment to the U.S. Constitution, the case has come to be recognized as one of the earliest examinations of the Second Amendment right to bear arms. The case was heard by the original three members of the Arkansas Supreme Court—Chief Justice Daniel Ringo and Associate Justices Townsend Dickinson and …

The Streetcar Segregation Act, adopted by the Arkansas legislature in 1903, assigned African American and white passengers to “separate but equal” sections of streetcars. The act led to boycotts of streetcar service in three Arkansas cities. The Streetcar Segregation Act (Act 104), introduced by Representative Reid Gantt of Hot Springs (Garland County) and modeled after legislation in Virginia and Georgia, was a more moderate version of earlier segregationist legislation. The act did not require separate coaches for Black and white passengers but rather required segregated portions of streetcar coaches with separate but equal services. On March 10, 1903, Black leaders assembled at the First Baptist Church in Little Rock (Pulaski County) and demanded the halt of legislative efforts aimed at …

The Swamp Land Act of 1850 gave Arkansas the right to identify and sell millions of acres of overflowed and swamp lands in the public domain and to use the proceeds to finance internal improvements, principally levees and drainage ditches. Arkansas eventually acquired more than 8,600,000 acres of land through the Swamp Land Act. This grant of land was of enormous importance to the state at the time, but it had little permanent impact on the economic development of the state. In the 1830s, planters and land developers began to move into Arkansas, attracted by the rich Mississippi Alluvial Plain bottomlands. The alluvial lands, however, were subject to seasonal overflows. In addition, much of the bottomland was swampland, described by …