“The King Can Do No Wrong”: Arkansas Supreme Court Removes Citizens' Right to Sue the State

By Adrienne Griffis

Today, in Board of Trustees of the University of Arkansas v. Matthew Andrews, 2018 Ark. 12, the Arkansas Supreme Court refused to enforce a state employee’s right to be paid for overtime by holding that the employee could not sue the state, even in its capacity as his employer. On its face, this case may appear to affect only the tens of thousands of Arkansas citizens employed by hundreds of Arkansas state agencies; however, this Draconian decision unfortunately reaches far beyond the context of employee-employer relationships. If you live or work anywhere in Arkansas, this decision affects your ability to enforce many rights, privileges, and protections guaranteed by Arkansas law. [More]

Column on Dicamba Damage Published in Successful Farming

In November 2017, and reaffirmed in January 2018, the Arkansas State Plant Board voted to restrict the use of new dicamba products, with a few exceptions, from April 16 through October 31. The pesticide is considered volatile because it can convert from a liquid/solid state to a gaseous/vapor state, travel in the air, and cause off-target damage to crops even beyond adjacent fields. [More]

Matt Boch and Mike Parker Comment on Arkansas’ 2018 Tax Outlook and Reform

In its 2018 Arkansas legislative preview, Bloomberg Tax looked to partner Matt Boch in the article, “ Arkansas Legislative Preview: Gauging Impact of Federal Tax Law.”

When President Donald Trump signed the $1.5 trillion tax bill into law in December, Boch said he sees the federal tax reform as “raising questions while the Arkansas Tax Reform Task Force grapples in 2018 with how to fix the Arkansas tax system.” [More]

Did South Dakota Make a Technical Transactional Nexus Mistake in Its Challenge to Quill?

Amidst the national focus on South Dakota’s economic nexus law attempting to compel sales tax collection by out-of-state retailers, a recent article coauthored by DDH member Matthew Boch highlights a technical problem with the law: an apparent lack of transactional nexus because South Dakota’s law does not extend to its use tax. Coauthored with University of Richmond School of Law Assistant Professor Hayes Holderness, the article explores the transactional nexus issue in depth and considers its implications for the Wayfair case, which has a certiorari petition pending before the United States Supreme Court. [More]

Social Media: How to ruin your case in under 60 seconds

By Adrienne Griffis

“Dance like no one is watching; email like it may one day be read aloud in a deposition.” This quote has appeared so many times in so many sources that I cannot accurately access to whom I should give credit. However it originated, this advice applies to all types of electronic communication—not just email. Electronic communication often leads to regret because it can be completed in too short a period of time to allow for appropriate reflection. If our parents or grandparents wanted to send angry correspondence to someone, they at least had the opportunity to reconsider and take the letter out of the mailbox. These days, the damage can be done as quickly as you can press “reply all.” [More]