Burdine v. Arkansas Department of Finance & Administration

The majority attempts to resolve this controversy by reference to federal law alone. I cannot agree with that analysis because the federal regulations require reference to disqualifying offenses “as prescribed by state law.” In my view, the majority implicitly relies on Missouri law to determine this controversy. I believe that the application of Arkansas law would require reversal of the circuit court’s decision, but we have not been |Tnpresented with any sufficient basis to apply Arkansas law to this controversy. I therefore reluctantly concur in the opinion.

The majority concludes that the…