The Latest “Private Option” Broken Promise: Counterfeit Medical Savings Accounts


Less than a week after Nic Horton left the Arkansas Project, he’s back on our site! Well, sort of. Horton is now affiliated with the Foundation for Government Accountability, and he coauthored their newest article at “Arkansas Private Option’s Latest Boondoggle: Health Independence Accounts" Increase Dependence and Increase Costs.”  As the article recounts, the “Private Option’s” health savings accounts, which were supposed to be the “heart and soul” of Medicaid reform, are an … [Read more...]

New Developments Reveal That U of A’s “Intellectual Property Rights” To Clinton Recordings Are Wholly Imaginary

Carolyn Henderson Allen is "completely neutral," according to Carolyn Henderson Allen.

You might recall our story last week about the intemperate letter that University of Arkansas library dean Carolyn Henderson Allen sent to the Washington Free Beacon. That letter told the Beacon: you must “cease and desist your ongoing violation of the intellectual property rights of the University of Arkansas.” Allen didn’t like the fact that the Beacon had quoted some materials from the archives without filling out the proper “Permission to Publish Request Form”; she therefore demanded that … [Read more...]

A Note On Cullen Vs. Wynne For Supreme Court


In the past, I don’t know that enough people have paid attention to the race for a Supreme Court judgeship between Tim Cullen and Robin Wynne. This last week, I think just about everybody learned that Tim Cullen is the better man. The “Law Enforcement Alliance of America,” an advocacy group which refuses to disclose its leadership, is spending hundreds of thousands of dollars on television ads which accuse Tim Cullen of representing a criminal defendant on appeal. I’ve never represented … [Read more...]

The Q.T. On Voter ID


Some of the specifics of the Arkansas voter ID cases are a little difficult to follow, so I thought I’d lay out some of the basics for our readers. 1. A central question in voter ID litigation is: is the statute constitutional? A related question is: will the courts find the statute constitutional? (Some people would say that, since the courts get to say what is constitutional, these two questions are really the same.) Last week, Judge Tim Fox found that Arkansas’s voter ID law was … [Read more...]

Barry Haas: ACLU Plaintiff Gone Wild! (Video)


I was startled to read this recent interview with Barry Haas. Haas is one of the four plaintiffs in the ACLU’s lawsuit against Act 595 of 2013, which requires Arkansas voters to show ID at the polls. I appreciate that the integrity of the ballot is an emotional issue – and that it sometimes causes people to make intemperate statements – but with respect to the accuracy of Haas’s statements, he could have aimed higher. Haas explained during his interview that voter impersonation was … [Read more...]

The Competition Vacuum in the “Private” Option

competition map

You might recall that one of the selling points of the “private” option was market competition. Competition among insurance carriers was going to lower prices and improve the quality of services. Indeed, the actuaries who estimated the costs of the “private” option relied on the low prices that competition would create. Our insurance commissioner even explained that the high number of carriers that were participating – four! – was triggered by the “private” option. In reality, market … [Read more...]

Is Matt Campbell Qualified To Blog?


As we’ve noted before, sometimes Matt Campbell posts insightful legal analysis containing persuasive legal arguments. And sometimes he completely misses the mark by making arguments that would get an attorney laughed out of court. The difficulty is that he doesn’t seem to be able to tell when he’s making strong arguments or weak ones. Recently, Campbell posted about a recent public statement from Judge Rhonda Wood. (As is their habit, the Arkansas Times uncritically and robotically … [Read more...]

Bowen Faculty: LEAP Over The Constitution


You might recall that Bowen Law School Dean Michael Schwartz told us that the law school’s affirmative action plan, LEAP, was “just this side of Supreme Court decisions.” But we’ve recently discovered that even that declaration of borderline legality is an overstatement, according to some of Bowen’s administrators and faculty members. As we’ve noted before, the Constitution prohibits certain kinds of government-run, race-conscious admissions programs. In the context of LEAP, the Constitution’s … [Read more...]