Carol Goforth | University of Arkansas (original) (raw)

Papers by Carol Goforth

"This Article suggests that, while the "check t... more "This Article suggests that, while the "check the box" regulations will eliminate the need to comply with the complex corporate resemblance test in order to achieve partnership tax status for LLCs, a number of regulatory considerations will continue to be important in choosing the optimal management structure for this form of business. This Article focuses on securities laws, rules relating to available accounting options, and self-employment tax regulations as three examples of rules that will influence the way the management structure of LLCs should be set up in order to minimize potential regulatory costs. In addition, it is possible that the passive loss rules might be amended so as to exert and significant influence on the optimal management structure for LLCs. While not exhaustive, this list of considerations illustrates the complexity of regulations relevant to the management structure of LLCs, in addition to the business needs and preferences of participants, and demonstrates that we are still a long way form offering business planners and participants true freedom of choice with regard to management structures for LLCs. "

"This article addresses multiple issues surrounding the use of restrictive c... more "This article addresses multiple issues surrounding the use of restrictive covenants as a basis for opposing the construction of cellular towers. Given the current proliferation of cell towers, and the frequent failure of zoning and land use regulations to address such construction in a comprehensive fashion, opponents of such towers often must turn to other options if they wish to avoid placement of towers in their neighborhoods. As a predicate for the discussion of a number of common restrictive covenants, and their potential application to cell towers, the article addresses the question of whether the Telecommunications Act of 1996 preempts reliance on restrictive covenants in this context. The article also considers standing to enforce covenants and the potential application of waiver since wireless service providers are likely to locate towers in areas where other towers or similar structures have already been built. The article concludes that federal law should not preempt state law causes of action such as those which might be based on restrictive covenants and suggests that restrictive covenants may be a useful option for opponents of cell towers."

Transactions the Tennessee Journal of Business Law, 2014

Hi, I'm Carol (Goforth), from the University of Arkansas, and the topic that I'm going to talk ab... more Hi, I'm Carol (Goforth), from the University of Arkansas, and the topic that I'm going to talk about is how I go about appropriating ethical issues into transactional skills training.

"The 2007 Model Registered Agents Act (“the Act”), combined with statutory a... more "The 2007 Model Registered Agents Act (“the Act”), combined with statutory amendments and repeals, consolidates provisions regarding service of process and registered agents for a wide variety of Arkansas businesses. This article provides an overview of the essential provisions of the Act and its effects on business entities, agents, and third parties. Additionally, it offers a brief assessment of how the provisions change prior law. The Act is much more extensive than the business entity statute provisions it replaced. The provisions of the Act address commercial agents, duties of agents, jurisdiction and venue, and provide detailed rules for service of process when a registered agent cannot be served with reasonable diligence. A substantive set of new provisions in the Act relate to the concept of the “commercial registered agent.” The Act also contains an important provision that has no precursor under Arkansas law, which gives a specific recitation of a registered agent’s duties, regardless of whether an agent is a commercial registered agent. The main benefits of this Act are that the rules are now consistent, thorough, and collected in a single place, making Arkansas law more clear and simple for both businesses and persons needing to obtain service over them. "

American University Law Review, 1994

... farmers have found a degree of protection from at least some external market forces.11 At a 7... more ... farmers have found a degree of protection from at least some external market forces.11 At a 7. See Jerry Voorhis, Cooperative ... Act was passed in 1914, the legislation specifically exempted non-stock agricultural cooperatives from the antitrust laws.13 The Capper-Volstead Act ...

Rutgers Computer Technology Law Journal, Jun 22, 2001

For decades, antibiotics have been widely used, saving lives and reducing suffering. Such drugs a... more For decades, antibiotics have been widely used, saving lives and reducing suffering. Such drugs are routinely employed among both human and farm animal populations. However, scientific data now links the use of antibiotics at subtherapeutic levels in livestock feed to the spread of antibiotic resistant bacteria in the human population. After examining the current research, this Article concludes that despite short-term economic benefits associated with the widespread use of antibiotics in agriculture, the risk to human health justifies a change in policy. This Article recommends a number of steps to minimize the spread of antibiotic resistance. The primary changes would be to phase out the use of antibiotics as livestock feed additives, and to refuse to approve new drugs for this purpose. In either instance, this use would be permissible if the drug sponsor provides convincing evidence that the agricultural use of its particular antibiotic presents no appreciable risk to human health.

The 2007 Model Registered Agents Act (“the Act”), combined with statutory amendments and repeals,... more The 2007 Model Registered Agents Act (“the Act”), combined with statutory amendments and repeals, consolidates provisions regarding service of process and registered agents for a wide variety of Arkansas businesses. This article provides an overview of the essential provisions of the Act and its effects on business entities, agents, and third parties. Additionally, it offers a brief assessment of how the provisions change prior law. The Act is much more extensive than the business entity statute provisions it replaced. The provisions of the Act address commercial agents, duties of agents, jurisdiction and venue, and provide detailed rules for service of process when a registered agent cannot be served with reasonable diligence. A substantive set of new provisions in the Act relate to the concept of the “commercial registered agent.” The Act also contains an important provision that has no precursor under Arkansas law, which gives a specific recitation of a registered agent’s duties, regardless of whether an agent is a commercial registered agent. The main benefits of this Act are that the rules are now consistent, thorough, and collected in a single place, making Arkansas law more clear and simple for both businesses and persons needing to obtain service over them.

In Arkansas, a parent is only required to pay child support until the child turns eighteen or gra... more In Arkansas, a parent is only required to pay child support until the child turns eighteen or graduates from high school. Given the rising college tuition expenses and the increasing necessity for Post-Secondary Education to earn a living, the statute should be amended to extend a parent’s obligation further, to aid their child’s entry into college. In the past, exceptions have been made when a child had a severe handicap that justified further support. Recently, some states have required continued child support to help with the cost of tuition. For example, North Dakota issued a list of factors that could justify continuing child support that focused on financial difficulties rather than handicapping conditions. Missouri allowed continued child support as long as the child maintained steady enrollment in college. Also, various court cases compelled New Jersey to add college tuition to its acceptable factors for extending child support. Such changes in the Child Support Statutes will be necessary in order for Arkansas to maintain an educated workforce.

Modern-day corporations should not be granted the same first amendment privileges enjoyed by indi... more Modern-day corporations should not be granted the same first amendment privileges enjoyed by individual citizens. In Citizens United v. FEC, 130 S. Ct. 876 (2010), Citizens United argued that when the First Amendment was drafted, it did not define corporations as outside its jurisdiction, and the amendment protects the right of “speech” without regard to the “speaker.” However, it is important to note that the Founding Fathers could not have anticipated the nature of modern corporations, which are far from the “association of peers” corporations used to resemble. Instead, modern corporations focus on short-tern goals that have led to horrible accounting scandals, bankruptcies, and public outrage. Thus, the “voice” of a corporation does not reflect the voices of its individual employees, but protects the association’s selfish goals. A corporation should not be considered the same as an individual or an association of peers on the subject of the first amendment.

This Article suggests that, while the "check the box" regulations will eliminate the need to comp... more This Article suggests that, while the "check the box" regulations will eliminate the need to comply with the complex corporate resemblance test in order to achieve partnership tax status for LLCs, a number of regulatory considerations will continue to be important in choosing the optimal management structure for this form of business. This Article focuses on securities laws, rules relating to available accounting options, and self-employment tax regulations as three examples of rules that will influence the way the management structure of LLCs should be set up in order to minimize potential regulatory costs. In addition, it is possible that the passive loss rules might be amended so as to exert and significant influence on the optimal management structure for LLCs. While not exhaustive, this list of considerations illustrates the complexity of regulations relevant to the management structure of LLCs, in addition to the business needs and preferences of participants, and demonstrates that we are still a long way form offering business planners and participants true freedom of choice with regard to management structures for LLCs.

This article addresses multiple issues surrounding the use of restrictive covenants as a basis fo... more This article addresses multiple issues surrounding the use of restrictive covenants as a basis for opposing the construction of cellular towers. Given the current proliferation of cell towers, and the frequent failure of zoning and land use regulations to address such construction in a comprehensive fashion, opponents of such towers often must turn to other options if they wish to avoid placement of towers in their neighborhoods. As a predicate for the discussion of a number of common restrictive covenants, and their potential application to cell towers, the article addresses the question of whether the Telecommunications Act of 1996 preempts reliance on restrictive covenants in this context. The article also considers standing to enforce covenants and the potential application of waiver since wireless service providers are likely to locate towers in areas where other towers or similar structures have already been built.
The article concludes that federal law should not preempt state law causes of action such as those which might be based on restrictive covenants and suggests that restrictive covenants may be a useful option for opponents of cell towers.

"This Article suggests that, while the "check t... more "This Article suggests that, while the "check the box" regulations will eliminate the need to comply with the complex corporate resemblance test in order to achieve partnership tax status for LLCs, a number of regulatory considerations will continue to be important in choosing the optimal management structure for this form of business. This Article focuses on securities laws, rules relating to available accounting options, and self-employment tax regulations as three examples of rules that will influence the way the management structure of LLCs should be set up in order to minimize potential regulatory costs. In addition, it is possible that the passive loss rules might be amended so as to exert and significant influence on the optimal management structure for LLCs. While not exhaustive, this list of considerations illustrates the complexity of regulations relevant to the management structure of LLCs, in addition to the business needs and preferences of participants, and demonstrates that we are still a long way form offering business planners and participants true freedom of choice with regard to management structures for LLCs. "

"This article addresses multiple issues surrounding the use of restrictive c... more "This article addresses multiple issues surrounding the use of restrictive covenants as a basis for opposing the construction of cellular towers. Given the current proliferation of cell towers, and the frequent failure of zoning and land use regulations to address such construction in a comprehensive fashion, opponents of such towers often must turn to other options if they wish to avoid placement of towers in their neighborhoods. As a predicate for the discussion of a number of common restrictive covenants, and their potential application to cell towers, the article addresses the question of whether the Telecommunications Act of 1996 preempts reliance on restrictive covenants in this context. The article also considers standing to enforce covenants and the potential application of waiver since wireless service providers are likely to locate towers in areas where other towers or similar structures have already been built. The article concludes that federal law should not preempt state law causes of action such as those which might be based on restrictive covenants and suggests that restrictive covenants may be a useful option for opponents of cell towers."

Transactions the Tennessee Journal of Business Law, 2014

Hi, I'm Carol (Goforth), from the University of Arkansas, and the topic that I'm going to talk ab... more Hi, I'm Carol (Goforth), from the University of Arkansas, and the topic that I'm going to talk about is how I go about appropriating ethical issues into transactional skills training.

"The 2007 Model Registered Agents Act (“the Act”), combined with statutory a... more "The 2007 Model Registered Agents Act (“the Act”), combined with statutory amendments and repeals, consolidates provisions regarding service of process and registered agents for a wide variety of Arkansas businesses. This article provides an overview of the essential provisions of the Act and its effects on business entities, agents, and third parties. Additionally, it offers a brief assessment of how the provisions change prior law. The Act is much more extensive than the business entity statute provisions it replaced. The provisions of the Act address commercial agents, duties of agents, jurisdiction and venue, and provide detailed rules for service of process when a registered agent cannot be served with reasonable diligence. A substantive set of new provisions in the Act relate to the concept of the “commercial registered agent.” The Act also contains an important provision that has no precursor under Arkansas law, which gives a specific recitation of a registered agent’s duties, regardless of whether an agent is a commercial registered agent. The main benefits of this Act are that the rules are now consistent, thorough, and collected in a single place, making Arkansas law more clear and simple for both businesses and persons needing to obtain service over them. "

American University Law Review, 1994

... farmers have found a degree of protection from at least some external market forces.11 At a 7... more ... farmers have found a degree of protection from at least some external market forces.11 At a 7. See Jerry Voorhis, Cooperative ... Act was passed in 1914, the legislation specifically exempted non-stock agricultural cooperatives from the antitrust laws.13 The Capper-Volstead Act ...

Rutgers Computer Technology Law Journal, Jun 22, 2001

For decades, antibiotics have been widely used, saving lives and reducing suffering. Such drugs a... more For decades, antibiotics have been widely used, saving lives and reducing suffering. Such drugs are routinely employed among both human and farm animal populations. However, scientific data now links the use of antibiotics at subtherapeutic levels in livestock feed to the spread of antibiotic resistant bacteria in the human population. After examining the current research, this Article concludes that despite short-term economic benefits associated with the widespread use of antibiotics in agriculture, the risk to human health justifies a change in policy. This Article recommends a number of steps to minimize the spread of antibiotic resistance. The primary changes would be to phase out the use of antibiotics as livestock feed additives, and to refuse to approve new drugs for this purpose. In either instance, this use would be permissible if the drug sponsor provides convincing evidence that the agricultural use of its particular antibiotic presents no appreciable risk to human health.

The 2007 Model Registered Agents Act (“the Act”), combined with statutory amendments and repeals,... more The 2007 Model Registered Agents Act (“the Act”), combined with statutory amendments and repeals, consolidates provisions regarding service of process and registered agents for a wide variety of Arkansas businesses. This article provides an overview of the essential provisions of the Act and its effects on business entities, agents, and third parties. Additionally, it offers a brief assessment of how the provisions change prior law. The Act is much more extensive than the business entity statute provisions it replaced. The provisions of the Act address commercial agents, duties of agents, jurisdiction and venue, and provide detailed rules for service of process when a registered agent cannot be served with reasonable diligence. A substantive set of new provisions in the Act relate to the concept of the “commercial registered agent.” The Act also contains an important provision that has no precursor under Arkansas law, which gives a specific recitation of a registered agent’s duties, regardless of whether an agent is a commercial registered agent. The main benefits of this Act are that the rules are now consistent, thorough, and collected in a single place, making Arkansas law more clear and simple for both businesses and persons needing to obtain service over them.

In Arkansas, a parent is only required to pay child support until the child turns eighteen or gra... more In Arkansas, a parent is only required to pay child support until the child turns eighteen or graduates from high school. Given the rising college tuition expenses and the increasing necessity for Post-Secondary Education to earn a living, the statute should be amended to extend a parent’s obligation further, to aid their child’s entry into college. In the past, exceptions have been made when a child had a severe handicap that justified further support. Recently, some states have required continued child support to help with the cost of tuition. For example, North Dakota issued a list of factors that could justify continuing child support that focused on financial difficulties rather than handicapping conditions. Missouri allowed continued child support as long as the child maintained steady enrollment in college. Also, various court cases compelled New Jersey to add college tuition to its acceptable factors for extending child support. Such changes in the Child Support Statutes will be necessary in order for Arkansas to maintain an educated workforce.

Modern-day corporations should not be granted the same first amendment privileges enjoyed by indi... more Modern-day corporations should not be granted the same first amendment privileges enjoyed by individual citizens. In Citizens United v. FEC, 130 S. Ct. 876 (2010), Citizens United argued that when the First Amendment was drafted, it did not define corporations as outside its jurisdiction, and the amendment protects the right of “speech” without regard to the “speaker.” However, it is important to note that the Founding Fathers could not have anticipated the nature of modern corporations, which are far from the “association of peers” corporations used to resemble. Instead, modern corporations focus on short-tern goals that have led to horrible accounting scandals, bankruptcies, and public outrage. Thus, the “voice” of a corporation does not reflect the voices of its individual employees, but protects the association’s selfish goals. A corporation should not be considered the same as an individual or an association of peers on the subject of the first amendment.

This Article suggests that, while the "check the box" regulations will eliminate the need to comp... more This Article suggests that, while the "check the box" regulations will eliminate the need to comply with the complex corporate resemblance test in order to achieve partnership tax status for LLCs, a number of regulatory considerations will continue to be important in choosing the optimal management structure for this form of business. This Article focuses on securities laws, rules relating to available accounting options, and self-employment tax regulations as three examples of rules that will influence the way the management structure of LLCs should be set up in order to minimize potential regulatory costs. In addition, it is possible that the passive loss rules might be amended so as to exert and significant influence on the optimal management structure for LLCs. While not exhaustive, this list of considerations illustrates the complexity of regulations relevant to the management structure of LLCs, in addition to the business needs and preferences of participants, and demonstrates that we are still a long way form offering business planners and participants true freedom of choice with regard to management structures for LLCs.

This article addresses multiple issues surrounding the use of restrictive covenants as a basis fo... more This article addresses multiple issues surrounding the use of restrictive covenants as a basis for opposing the construction of cellular towers. Given the current proliferation of cell towers, and the frequent failure of zoning and land use regulations to address such construction in a comprehensive fashion, opponents of such towers often must turn to other options if they wish to avoid placement of towers in their neighborhoods. As a predicate for the discussion of a number of common restrictive covenants, and their potential application to cell towers, the article addresses the question of whether the Telecommunications Act of 1996 preempts reliance on restrictive covenants in this context. The article also considers standing to enforce covenants and the potential application of waiver since wireless service providers are likely to locate towers in areas where other towers or similar structures have already been built.
The article concludes that federal law should not preempt state law causes of action such as those which might be based on restrictive covenants and suggests that restrictive covenants may be a useful option for opponents of cell towers.