overriding principle (Arkansas) · Go Syfert
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overriding principle in Arkansas

7 Arkansas opinions name it 3 courts 1992–2016 0 in the last five years

The cases below were cited by Arkansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Medtronic, Inc. v. Lohrgreen
scotus · 1996 · cited in 1 Arkansas opinions naming this issue, 1997–1997
1 sentence

1997Id.; see also Medtronic, Inc. v. Lohr, 116 S.Ct. 2240 (1996).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Arkansas. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
25 Residents v. Arkansas Highway & Transportation Commission green
ark · 1997
2 sentences

2014Id.

2014Id.

22003–2014
De Veau v. Braisted green
scotus · 1960
2 sentences

2005The overriding inquiry in such situations was enunciated by the Court in DeVeau v. Braisted, 363 U.S. 144 (1960): The question in each case where unpleasant consequences are brought to bear upon an individual for prior conduct, is whether the legislative aim was to punish that individual for past activity, or whether the restriction of the individual comes about as a relevant incident to a regulation of a present situation. . . . 363 U.S. at 160 . 339 Ark. at 280 .

2005The overriding inquiry in such situations was enunciated by the Court in DeVeau v. Braisted, 363 U.S. 144 (1960): The question in each case where unpleasant consequences are brought to bear upon an individual for prior conduct, is whether the legislative aim was to punish that individual for past activity, or whether the restriction of the individual comes about as a relevant incident to a regulation of a present situation. . . . 363 U.S. at 160 . 339 Ark. at 280 .

21999–2005
GSS, LLC v. Centerpoint Energy Gas Transmission Co. green
ark · 2014
2 sentences

2016Id.

2016Id.

12016–2016
Kellar v. Fayetteville Police Department green
ark · 1999
2 sentences

2005The overriding inquiry in such situations was enunciated by the Court in DeVeau v. Braisted, 363 U.S. 144 (1960): The question in each case where unpleasant consequences are brought to bear upon an individual for prior conduct, is whether the legislative aim was to punish that individual for past activity, or whether the restriction of the individual comes about as a relevant incident to a regulation of a present situation. . . . 363 U.S. at 160 . 339 Ark. at 280 .

2005The court concluded that the provisions of the legislation requiring the registration of sex offenders do not "impose any affirmative disability or restraint on an offender. . . ." Id. at 284 .

12005–2005
Bush v. National School Studios, Inc. green
wis · 1987
1 sentence

1992In Bush v. National School Studios, Inc., 407 N.W.2d 883 (Wisc. 1987), the Supreme Court of Wisconsin gave a liberal construction to its newly adopted franchise act: In determining whether a dealership exists within the scope of a state franchise regulation, courts should not focus solely on identifying the tell-tale trappings of the traditional franchise; rather, courts should consider the overriding principle of whether the business’ status is dependent upon the relationship with the grantor for its economic livelihood.

11992–1992

Where else courts name it

LA 70 (1974–2024) CA 61 (1972–2026) OH 45 (1983–2026) FL 43 (1961–2025) TX 42 (1982–2023) MI 37 (1966–2026) NY 36 (1956–2024) SC 32 (1986–2023) PA 30 (1966–2026) IL 29 (1964–2020) NJ 28 (1953–2025) MT 23 (1959–2020) VA 23 (1985–2026) WA 22 (1977–2025) MO 16 (1959–2024) IA 14 (1982–2023) WI 13 (1955–2025) TN 12 (1980–2024) MN 11 (1984–2005) OR 10 (1980–2024) CO 9 (1974–2005) CT 9 (1980–2015) MD 9 (1984–2011) NC 8 (1980–2026) AR 7 (1992–2016) MA 7 (1980–2025) KS 7 (1969–2020) UT 7 (1987–2022) KY 6 (1961–2023) RI 6 (2004–2017) NM 5 (1991–2020) ND 4 (1998–2013) GA 4 (1983–2025) ME 4 (1975–2018) AZ 4 (1977–2015) ID 4 (1980–2025) NH 4 (1993–2018) OK 4 (1983–2018) WV 4 (1975–2019) IN 4 (1976–2014) HI 4 (2005–2014) SD 3 (1984–1992) AK 3 (1979–2018) AL 3 (1984–2015) MS 3 (2001–2024) DC 3 (1987–2013)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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