News - Friday, February 03, 2012

Matthew Shepherd never gave a lot of thought to not going home again. In fact, as he completed his law degree at the University of Arkansas, Shepherd cherished the thought of serving the people he knew best. A native of El Dorado, Shepherd is performing double-duty by practicing law there and representing District 6 in the Arkansas House of Representatives.

The American Bar Association in February will be asked to endorse a proposed uniform law aiming at new standards for state government websites that host legal materials. The Uniform Electronic Legal Material Act (UELMA) is proposed by the Uniform Law Commission to address a trend, still in its infancy, of shuttering public printers and posting laws only online. But shifting an entire system of laws to online-only postings puts our legal system at risk. UELMA attempts a first step in the long journey ahead to use the Internet with the same confidence entrusted to the printing press. But, like the Internet itself, the proposal is not yet ready to bear the burden it takes on.

Der v. Connolly, Nos. 11-1048 and 11-1162 (8th Cir. Jan. 25, 2012).

Facing an issue on which various circuits have split, in this case, the Eighth Circuit adopted the majority view that a plaintiff alleging a warrantless arrest or search in an action under 42 U.S.C. § 1983 retains the burden of proof throughout trial.

Go v. Crossett Health Foundation, 2012 Ark. App. 83, January 25, 2012.

This appeal comes from the Ashley County Circuit Court, the Honorable Robert Bynum Gibson, Jr., presiding.

On October 25, 2002, Dr. Go and Crossett Health Foundation d/b/a Ashley County Medical Center (“ACMC”) entered into an income guaranty agreement. Under the contract, Dr. Go agreed to provide services as an orthopedic surgeon in the Crossett community for a two-year period beginning October 2, 2003, and ending October 1, 2005. The agreement provided an income guarantee during the two-year period wherein ACMC agreed to supplement Dr. Go’s income so that he was guaranteed to earn net income of $400,000 per year ($33,333.33 per month). The supplements were to be paid monthly by ACMC. The guarantee payments by ACMC were conditioned upon them either being repaid by Dr. Go, or otherwise forgiven if Dr. Go remained in practice in the Crossett area for an additional two years beyond the ending date of the agreement.

Going to lunch every day in my law office is a fairly big affair. Not just because it provides a break from motions and minutia, but (for me at least) because it involves one of the greatest things in the world: food. The majority of the time, lunch consists of inhaling a sandwich and fries while running to the courthouse and screaming into my phone that I need the Smith file immediately. This usually results in afternoons with mayonnaise-stained suits and oral arguments drenched in the aroma of uncooked onions. (I credit the horrid onion breath to my recent victory at the Court of Appeals.) So, when I actually have time for a “true lunch, ”I don’t take my lunch break lightly.;

I have discussed the Arkansas Insurance Department’s EAGLE Mediation Program in the past. It is a voluntary program designed to assist insurance consumers and insurers with conflict resolution, in hopes of thwarting lengthy and costly litigation proceedings. The program is aimed at doing what its name implies: “Ending Arguments Gently, Legally, and Economically.”

Several years ago, I bought a stand up video game that had many of the classics from the early '80s. This was bought as a Christmas gift for the whole family, but everyone knew who the gift was really for – Me. One of the games I was most excited about was “Robotron.” I had put many quarters into a machine trying to master this particular game. Now I had one of my own and I could play all I wanted for free. I played the game a lot and with much enthusiasm for several weeks until I finally became bored and eventually lost interest. It was still the same game, but much of the thrill had gone out it.

In a recent “Under Analysis” column Mark Levison wrote that he finds lawyers “interesting, entertaining and quite often a bit quirky.” He then describes some of the quirky lawyers around him. Mark has a partner who won’t change a light bulb and who’s married to someone who won’t. He has an associate who leaves home before dawn to get to the office on snowy days. That associate is married to a lawyer who “naps” from 10:00 p.m. to 1:00 a.m., but otherwise works every hour of every day.

Most people associate high-blood pressure with adults; however, it is fast becoming a rising concern in the future health of our children. Some very young babies have high blood pressure. High blood pressure occurs when the arteries narrow, making it more difficult for the heart to pump blood throughout the body. It is classified in one of two ways: primary or secondary. Primary high blood pressure is without a specific cause, and “secondary” refers to a particular illness or obvious behavior being the culprit.

Do you collect something? This quiz is all about collections of different kinds. Whether you’re a collector or not, I hope you find this quiz interesting.

1. In what presidential campaign year did the modern, celluloid political button first come into wide use? 1940; 1896; 1952; 1960.

It’s quiz time! I hope you enjoy taking these cause I sure do enjoy writing them! Afterwards, be sure to try the wonderful pork chop recipe. Serve it with the Parmesan Pasta. Great meal! 1. The reddish orange flesh of this tropical plant root has been used in cooking since 600 B.C. Native to the Orient, it can be found in India and the Caribbean. It was used in biblical times as a perfume however, now is commonly used to flavor and color food. The root is typically dried and ground into a powder.

I arrived at the endodontist’s office at 8:20 for my 8:30 appointment. Sherry, the receptionist, slid back the glass window in front of her desk and waved at me, and I found a seat. I looked back toward her as the glass closed. Too early for small talk, I guessed. No problem there.

While driving back to Little Rock one day last week, I noticed these unusual clouds in the sky. They look like the remainder of an airplane, however they are clouds. I have photographed these types of clouds before while driving in West Memphis, but it was during a sunset and they were all orange. Beautiful sight. (Photo by Kay Bona)

In the past, malware developers concentrated on the over one billion PCs in the world. However, as the number of mobile users has skyrocketed, smartphones have become an attractive target for digital bandits. Now a mobile security company has identified a new crime it’s calling “mobile pickpocketing,” and the group’s research suggests smartphone users are more susceptible to falling victim to the offense this year than in 2011.