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Articles 1 - 30 of 291
Full-Text Articles in 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 …
Taking Care With Text: "The Laws" Of The Take Care Clause Do Not Include The Constitution, And There Is No Autonomous Presidential Power Of Constitutional Interpretation, George Mader
Faculty Scholarship
“Departmentalism” posits that each branch of the federal government has an independent power of constitutional interpretation—all branches share the power and need not defer to one another in the exercise of their interpretive powers. As regards the Executive Branch, the textual basis for this interpretive autonomy is that the Take Care Clause requires the President to “take Care that the Laws be faithfully executed” and the Supremacy Clause includes the Constitution in “the supreme Law of the Land.” Therefore, the President is to execute the Constitution as a law. Or so the common argument goes. The presidential oath to “execute …
Constitutional Law—School Choice: The Landscape After Espinoza V. Montana Department Of Revenue And Contemporary Political Polarization, Peter Hughes
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Fourth Amendment—Warrantless Key-Test Searches In Residential Door Locks, Jacob Hill
Constitutional Law—Fourth Amendment—Warrantless Key-Test Searches In Residential Door Locks, Jacob Hill
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Fourteenth Amendment And Fetal Personhood—Established Injustice: American Abortion Jurisprudence And The Irreducible, Geoffrey "Chip" Gross
Constitutional Law—Fourteenth Amendment And Fetal Personhood—Established Injustice: American Abortion Jurisprudence And The Irreducible, Geoffrey "Chip" Gross
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Large-Capacity Magazine Bans And The Second Amendment, Jared Self
Constitutional Law—Large-Capacity Magazine Bans And The Second Amendment, Jared Self
University of Arkansas at Little Rock Law Review
No abstract provided.
Arkansas’S Civil Asset Forfeiture Statute And The Eighth Amendment’S Excessive Fines Clause, Aaron Newell
Arkansas’S Civil Asset Forfeiture Statute And The Eighth Amendment’S Excessive Fines Clause, Aaron Newell
University of Arkansas at Little Rock Law Review
No abstract provided.
Nobody's Business: A Novel Theory Of The Anonymous First Amendment, Jordan Wallace-Wolf
Nobody's Business: A Novel Theory Of The Anonymous First Amendment, Jordan Wallace-Wolf
Faculty Scholarship
Namelessness is a double-edged sword. It can be a way of avoiding prejudice and focusing attention on one's ideas, but it can also be a license to defame and misinform. These points have been widely discussed. Still, the breadth of these discussions has left some of the depths unplumbed, because rarely is the question explicitly faced: what is the normative significance of namelessness itself, as opposed to its effects under different conditions? My answer is that anonymity is an evasion of responsibility for one's conduct. Persons should ordinarily be held responsible for what they do, but in some cases, where …
Fourth Amendment Privacy In Public: A Fundamental Theory With Application To Location Tracking, Jordan Wallace-Wolf
Fourth Amendment Privacy In Public: A Fundamental Theory With Application To Location Tracking, Jordan Wallace-Wolf
Faculty Scholarship
When we walk out our front door, we are in public and other people may look at us. But intuitively, we don’t open ourselves up to unlimited scrutiny just by going outside. We retain some privacy, even in public. What is the source of this residual public-privacy, and how should the law recognize it without degrading the open character of public space?
The answer given by commentators, and most recently by the Supreme Court in Carpenter v. U.S., comes in the form of two related claims. The first is the chilling theory of the Fourth Amendment. According to this idea, …
Amicus Curiae Brief: Private For Profit Incarceration Violates The 13th Amendment Of The United States Constitution, André Douglas Pond Cummings, Zoë Harris, Casey Bates, Natasha Cornell
Amicus Curiae Brief: Private For Profit Incarceration Violates The 13th Amendment Of The United States Constitution, André Douglas Pond Cummings, Zoë Harris, Casey Bates, Natasha Cornell
Faculty Scholarship
The Thirteenth Amendment to the United States Constitution outlawed chattel slavery in the United States following a violent Civil War and a chilling era of slavery conducted primarily in the nation’s southern states. In passing this Amendment, Congress included a clause that excepted a certain population from this general prohibition, namely, prisoners. In what has become known as the “punishment clause,” Section I of the Thirteenth Amendment states explicitly “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their …
Ethical And Aggressive Appellate Advocacy: The Decision To Petition For Certiorari In Criminal Cases, J. Thomas Sullivan
Ethical And Aggressive Appellate Advocacy: The Decision To Petition For Certiorari In Criminal Cases, J. Thomas Sullivan
Faculty Scholarship
Over the past six decades, United States Supreme Court decisions have dramatically reshaped the criminal justice process to provide significant protections for defendants charged in federal and state proceedings, reflecting a remarkable expansion of due process and specific constitutional guarantees. For criminal defendants seeking relief based on recognition of new rules of constitutional criminal procedure, application of existing rules or precedent to novel factual scenarios, or in some cases, enforcement of existing precedent, obtaining relief requires further action on the Court’s part. In those situations, the Court’s exercise of its certiorari jurisdiction is the exclusive remedy offering an avenue for …
Abolishing Private Prisons: A Constitutional And Moral Imperative, André Douglas Pond Cummings, Robert Craig
Abolishing Private Prisons: A Constitutional And Moral Imperative, André Douglas Pond Cummings, Robert Craig
Faculty Scholarship
No abstract provided.
The Ripples Of Backlash: Same-Sex Marriage, The Election Of 2004, And The Evolution Of Constitutional Law, Earl M. Maltz
The Ripples Of Backlash: Same-Sex Marriage, The Election Of 2004, And The Evolution Of Constitutional Law, Earl M. Maltz
University of Arkansas at Little Rock Law Review
The significance of the events of 2016 for the future development of constitutional law has been widely discussed in both scholarly commentaries and the popular press. After the death of Justice Antonin Scalia early in that year, many progressives looked forward hopefully to the prospect of regaining control of the Supreme Court for the first time in almost fifty years. However, after the Senate refused to consider Barack Obama’s nomination of Merrick Garland to replace Justice Scalia, the surprise victory of Donald Trump in the presidential election led instead to further consolidation of the conservative dominance of the Court. Unlike …
Four Pathways Of Undermining Board Of Trustees Of The University Of Alabama V. Garrett, Derek Warden
Four Pathways Of Undermining Board Of Trustees Of The University Of Alabama V. Garrett, Derek Warden
University of Arkansas at Little Rock Law Review
In Board of Trustees of the University of Alabama v. Garrett, the Supreme Court held that Title I of the ADA did not validly abrogate state sovereign immunity; and as such, a plaintiff could not obtain damages against the states or sue the states directly for injunctive relief. Many courts and scholars have read Garrett as sounding the death knell for ADA Title I government employee plaintiffs. This article shows that such fears are misplaced. Indeed, this article offers four pathways around Garrett that show Title I and its requirements are very much alive and well. First, the article shows …
Constitutional Law—Preserving Dignity: The Due Process Restriction On Shackling Criminal Defendants Should Also Apply To Non-Jury Proceedings, Shelby Shelton
Constitutional Law—Preserving Dignity: The Due Process Restriction On Shackling Criminal Defendants Should Also Apply To Non-Jury Proceedings, Shelby Shelton
University of Arkansas at Little Rock Law Review
No abstract provided.
Section 230 Immunity: How The Trump Era Has Exposed The Current Conflict Between The First Amendment And The Good Samaritan Clause In The Modern Public Square, Brandon Salter, Dhillon Ramkhelawn
Section 230 Immunity: How The Trump Era Has Exposed The Current Conflict Between The First Amendment And The Good Samaritan Clause In The Modern Public Square, Brandon Salter, Dhillon Ramkhelawn
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—The Erosion Of Political Anonymity And Its Chilling Effect On Freedom Of Association: Reconsidering The Constitutionality Of The Mandated Public Disclosure Of Individuals’ Political Donations, Scout Snowden
University of Arkansas at Little Rock Law Review
No abstract provided.
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.
Constitutional Law—A Tale Of Two Shootings: Should A Bivens Remedy Be Available When Cbp Agents Shoot And Kill Victims On The Mexican Side Of The Border?, Glenn Larkin
University of Arkansas at Little Rock Law Review
No abstract provided.
Judicial Supremacy In A Federalism Context Through The Lens Of Cooper, Joel K. Goldstein
Judicial Supremacy In A Federalism Context Through The Lens Of Cooper, Joel K. Goldstein
University of Arkansas at Little Rock Law Review
No abstract provided.
Domestic Constitutional Violence, F. E. Guerra-Pujol
Domestic Constitutional Violence, F. E. Guerra-Pujol
University of Arkansas at Little Rock Law Review
No abstract provided.
Judicial Supremacy In A Federalism Context Through The Lens Of Cooper, Joel K. Goldstein
Judicial Supremacy In A Federalism Context Through The Lens Of Cooper, Joel K. Goldstein
University of Arkansas at Little Rock Law Review
No abstract provided.
Cooper V. Aaron: The First In The Trifecta Of Modern American Federalism Cases, Ronald L. Nelson
Cooper V. Aaron: The First In The Trifecta Of Modern American Federalism Cases, Ronald L. Nelson
University of Arkansas at Little Rock Law Review
No abstract provided.
Cooper V. Aaron: The First In The Trifecta Of Modern American Federalism Cases, Ronald L. Nelson
Cooper V. Aaron: The First In The Trifecta Of Modern American Federalism Cases, Ronald L. Nelson
University of Arkansas at Little Rock Law Review
No abstract provided.
The “Uncanny Valley” And The Verisimilitude Of Sexual Offenders–Part I: An “Ethorobotic” Perspective, Michael T. Flannery
The “Uncanny Valley” And The Verisimilitude Of Sexual Offenders–Part I: An “Ethorobotic” Perspective, Michael T. Flannery
Faculty Scholarship
No abstract provided.
Domestic Constitutional Violence, F. E. Guerra-Pujol
Domestic Constitutional Violence, F. E. Guerra-Pujol
University of Arkansas at Little Rock Law Review
No abstract provided.
Cooper Supremacy, Rebecca E. Zietlow
Cooper Supremacy, Rebecca E. Zietlow
University of Arkansas at Little Rock Law Review
No abstract provided.
Cooper Supremacy, Rebecca E. Zietlow
Cooper Supremacy, Rebecca E. Zietlow
University of Arkansas at Little Rock Law Review
No abstract provided.
Standing For Congressional Parties: Matching Injuries With Institutions, Branden Lewiston
Standing For Congressional Parties: Matching Injuries With Institutions, Branden Lewiston
University of Arkansas at Little Rock Law Review
No abstract provided.
A Penny For Your Thoughts: Free Speech And Paying Fines With Coins, Peter C. Alexander
A Penny For Your Thoughts: Free Speech And Paying Fines With Coins, Peter C. Alexander
University of Arkansas at Little Rock Law Review
No abstract provided.