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Articles 1 - 18 of 18
Full-Text Articles in Constitutional Law
Reclaiming Establishment: Identity And The ‘Religious Equality Problem’, Faraz Sanei
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
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.
Dissecting The Hybrid Rights Exception: Should It Be Expanded Or Rejected?, David H. Hudson Jr., Emily H. Harvey
Dissecting The Hybrid Rights Exception: Should It Be Expanded Or Rejected?, David H. Hudson Jr., Emily H. Harvey
University of Arkansas at Little Rock Law Review
No abstract provided.
George Washington. Elena Kagan, And The Town Of Greece, New York: The First Amendment And Religious Minorities, Kermit V. Lipez
George Washington. Elena Kagan, And The Town Of Greece, New York: The First Amendment And Religious Minorities, Kermit V. Lipez
The Journal of Appellate Practice and Process
No abstract provided.
God And Guns: The Free Exercise Of Religion Problems Of Regulating Guns In Churches And Other Houses Of Worship, John M.A. Dipippa
God And Guns: The Free Exercise Of Religion Problems Of Regulating Guns In Churches And Other Houses Of Worship, John M.A. Dipippa
Faculty Scholarship
This Article demonstrates that the cases raising religious liberty challenges to state regulation of weapons in houses of worship reveal the persistent problems plaguing religious liberty cases. First, these cases illustrate the difficulties non-mainstream religious claims face. Courts may not understand the religious nature of the claim or they may devalue claims that do not seem “normal” or “reasonable.” This is compounded by how few religious liberty claimants, especially non-mainstream religions, win their cases. Second, the cases are part of the larger debate about how easy it should be to get judicially imposed religious exemptions from general and neutral laws. …
Family Law's Challenge To Religious Liberty, Raymond C. O'Brien
Family Law's Challenge To Religious Liberty, Raymond C. O'Brien
University of Arkansas at Little Rock Law Review
Over time, the definition of family has shifted from being premised upon kinship to legal status. In modern times, family structure is based more upon function than form, seeking to derive its status as a family from the subjective intent of its members to act as a family. Many early settlers in the colonial territories came to America to escape religious persecution and practice their own religion.
For that reason, biblical language and religious doctrine formed the basis for common law, statutes, and practice. Today, there remains the notion among many Americans that the law represents a divine plan and …
Shifting Out Of Neutral: Intelligent Design And The Road To Nonpreferentialism, Kelly S. Terry
Shifting Out Of Neutral: Intelligent Design And The Road To Nonpreferentialism, Kelly S. Terry
Faculty Scholarship
No abstract provided.
Heads, Secularists Win; Tails, Believers Lose—Returning Only Free Exercise To The Political Process, Teresa Stanton Collett
Heads, Secularists Win; Tails, Believers Lose—Returning Only Free Exercise To The Political Process, Teresa Stanton Collett
University of Arkansas at Little Rock Law Review
No abstract provided.
The Constitutional Future Of Religious Freedom Legislation, Thomas C. Berg
The Constitutional Future Of Religious Freedom Legislation, Thomas C. Berg
University of Arkansas at Little Rock Law Review
No abstract provided.
Congressional Alternatives In The Wake Of City Of Boerne V. Flores: The (Limited) Role Of Congress In Protecting Religious Freedom From State And Local Infringement, Daniel O. Conkle
University of Arkansas at Little Rock Law Review
No abstract provided.
An Unfirm Foundation: The Regrettable Indefensibility Of Religious Exemptions, Frederick Mark Gedicks
An Unfirm Foundation: The Regrettable Indefensibility Of Religious Exemptions, Frederick Mark Gedicks
University of Arkansas at Little Rock Law Review
No abstract provided.
The Failure Of Rfra, Ira C. Lupu
The Failure Of Rfra, Ira C. Lupu
University of Arkansas at Little Rock Law Review
No abstract provided.
The Constitutional Rhetoric Of Religion, Marci A. Hamilton
The Constitutional Rhetoric Of Religion, Marci A. Hamilton
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—First Amendment And Establishment Clause—The Wall Of Separation Crumbles. Agostini V. Felton, 117 S. Ct. 1997 (1997)., Missy Mcjunkins
Constitutional Law—First Amendment And Establishment Clause—The Wall Of Separation Crumbles. Agostini V. Felton, 117 S. Ct. 1997 (1997)., Missy Mcjunkins
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Freedom Of Religious Speech—When Freedom Of Speech In The Classroom Conflicts With The Establishment Clause. Bishop V. Aronov, 926 F.2d 1066 (11th Cir. 1991), D. Grant Carwile
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Freedom Of Religion—Requiring Reports Of Religious Counseling Sessions Under Child Abuse Reporting Statutes Does Not Violate The First Amendment. State V. Motherwell, 114 Wash. 2d 353, 788 P.2d 1066 (1990)., Mona J. Mcnutt
University of Arkansas at Little Rock Law Review
No abstract provided.
Beyond Neutrality: Equal Access And The Meaning Of Religious Freedom, E. Gregory Wallace
Beyond Neutrality: Equal Access And The Meaning Of Religious Freedom, E. Gregory Wallace
University of Arkansas at Little Rock Law Review
No abstract provided.
Disestablished Religion In Pennsylvania And Kentucky: A Study In Constitutional Interpretation, Kenneth S. Gallant
Disestablished Religion In Pennsylvania And Kentucky: A Study In Constitutional Interpretation, Kenneth S. Gallant
Faculty Scholarship
No abstract provided.