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Constitutional Law

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University of Arkansas at Little Rock William H. Bowen School of Law

Establishment Clause

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Reclaiming Establishment: Identity And The ‘Religious Equality Problem’, Faraz Sanei Nov 2022

Reclaiming Establishment: Identity And The ‘Religious Equality Problem’, Faraz Sanei

Faculty Scholarship

Since at least 2017, the Court has implicitly recognized a right of equal access to generally available public benefits based on the beneficiary's religious identity or status. In Carson v. Makin (2022), the Court went a step further and, for the first time, concluded that the “status-use distinction lacks a meaningful application” in both theory and practice. It then held that restrictions on the use of public benefits for sacral purposes amount to religious discrimination because they impose substantial burdens on free exercise rights. Carson's holding, and the rationale underlying it, contravene settled case law and effectively gut the Establishment …


Constitutional Law—Where Does It Fit? Solving The School Board Prayer Puzzle, Austin Reed Jan 2020

Constitutional Law—Where Does It Fit? Solving The School Board Prayer Puzzle, Austin Reed

University of Arkansas at Little Rock Law Review

No abstract provided.


Shifting Out Of Neutral: Intelligent Design And The Road To Nonpreferentialism, Kelly S. Terry Jan 2008

Shifting Out Of Neutral: Intelligent Design And The Road To Nonpreferentialism, Kelly S. Terry

Faculty Scholarship

No abstract provided.


God Talk By Professors Within The Classrooms Of Public Institutions Of Higher Education: What Is Constitutionally Permissible?, Sarah Howard Jenkins, Byron R. Johnson, Otto Jennings Helweg Jan 1991

God Talk By Professors Within The Classrooms Of Public Institutions Of Higher Education: What Is Constitutionally Permissible?, Sarah Howard Jenkins, Byron R. Johnson, Otto Jennings Helweg

Faculty Scholarship

No abstract provided.