Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 20 of 20

Full-Text Articles in Entire DC Network

Be It Resolved . . ., Timothy Zick Oct 2007

Be It Resolved . . ., Timothy Zick

Popular Media

No abstract provided.


Challenging Political Boundaries In Post-Conflict States, Angela M. Banks Oct 2007

Challenging Political Boundaries In Post-Conflict States, Angela M. Banks

Faculty Publications

No abstract provided.


Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton Oct 2007

Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton

Faculty Publications

No abstract provided.


“Facebook In The Flesh”, Timothy Zick Sep 2007

“Facebook In The Flesh”, Timothy Zick

Popular Media

No abstract provided.


Section 4: Individual Rights, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2007

Section 4: Individual Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


The People Out Of Doors — In Trees, Timothy Zick Sep 2007

The People Out Of Doors — In Trees, Timothy Zick

Popular Media

No abstract provided.


Constitutional Displacement, Timothy Zick Sep 2007

Constitutional Displacement, Timothy Zick

Popular Media

No abstract provided.


Can We Make The Constitution More Democratic?, Ilya Somin, Neal Devins Jul 2007

Can We Make The Constitution More Democratic?, Ilya Somin, Neal Devins

Faculty Publications

No abstract provided.


Federalism And The Tug Of War Within: Seeking Checks And Balance In The Interjurisdictional Gray Area, Erin Ryan Jul 2007

Federalism And The Tug Of War Within: Seeking Checks And Balance In The Interjurisdictional Gray Area, Erin Ryan

Faculty Publications

Federalism and the Tug of War Within explores tensions that arise among the underlying values of federalism when state or federal actors regulate within the "interjurisdictional gray area" that implicates both local and national concerns. Drawing examples from the failed response to Hurricane Katrina and other interjurisdictional problems to illustrate this conflict, the Article demonstrates how the trajectory set by the New Federalism's "strict-separationist" model of dual sovereignty inhibits effective governance in these contexts. In addition to the anti-tyranny, pro-accountability, and localism-protective values of federalism, the Article identifies a problem-solving value inherent in the capacity requirement of American federalism's subsidiarity …


A Constitutional Conundrum Of Second Amendment Commas, William W. Van Alstyne Jul 2007

A Constitutional Conundrum Of Second Amendment Commas, William W. Van Alstyne

Faculty Publications

Prompted by the court’s decision in Parker v. District of Columbia, this series of correspondence discusses the effect possible forms of punctuation may have on the Second Amendment. The article makes comments on the important grammars during the founding and also two possible writings of the Second Amendment that contain different sets of punctuation.


Against Mix-And-Match Lawmaking, Aaron-Andrew P. Bruhl Apr 2007

Against Mix-And-Match Lawmaking, Aaron-Andrew P. Bruhl

Faculty Publications

No abstract provided.


How Congress Paved The Way For The Rehnquist Court's Federalism Revival: Lessons From The Federal Partial Birth Abortion Ban, Neal Devins Apr 2007

How Congress Paved The Way For The Rehnquist Court's Federalism Revival: Lessons From The Federal Partial Birth Abortion Ban, Neal Devins

Faculty Publications

No abstract provided.


Active Sovereignty, Timothy Zick Apr 2007

Active Sovereignty, Timothy Zick

Faculty Publications

No abstract provided.


Interpreting Constitutions: A Comparative Study, Frederick W. Dingledy Jan 2007

Interpreting Constitutions: A Comparative Study, Frederick W. Dingledy

Library Staff Publications

No abstract provided.


Anti-Federalist Procedure, A. Benjamin Spencer Jan 2007

Anti-Federalist Procedure, A. Benjamin Spencer

Faculty Publications

"[T]he new federal government will ... be disinclined to invade the rights of the individual States, or the prerogatives of their governments."

"[T]he Constitution of the United States ... recognizes and preserves the autonomy and independence of the States-independence in their legislative and independence in their judicial departments. . . . Any interference with either, except as [constitutionally] permitted, is an invasion of the authority of the State and, to that extent, a denial of its independence."

The understanding expressed by these opening quotes-that the national government was designed to be one of limited powers that would refrain from encroaching …


Constitutional Avoidance And The Roberts Court, Neal Devins Jan 2007

Constitutional Avoidance And The Roberts Court, Neal Devins

Faculty Publications

No abstract provided.


If The Judicial Confirmation Process Is Broken, Can A Statute Fix It?, Aaron-Andrew P. Bruhl Jan 2007

If The Judicial Confirmation Process Is Broken, Can A Statute Fix It?, Aaron-Andrew P. Bruhl

Faculty Publications

No abstract provided.


Devolution Of Implementing Policymaking In Network Governments, Charles H. Koch Jr. Jan 2007

Devolution Of Implementing Policymaking In Network Governments, Charles H. Koch Jr.

Faculty Publications

No abstract provided.


Clouds, Cameras, And Computers: The First Amendment And Networked Public Places, Timothy Zick Jan 2007

Clouds, Cameras, And Computers: The First Amendment And Networked Public Places, Timothy Zick

Faculty Publications

It seems to be a common assumption that physical places like parks, sidewalks, and public squares, and "cyber-places" like the Web, constitute separate locations of communication. In reality, however, the intersection and collision of these two spaces is imminent. In some respects it has already occurred. Entire cities and counties are erecting wireless "clouds" that will bring the Internet to vast public spaces. Technologies of surveillance continue to proliferate. What one does and says in public places is increasingly subject to surveillance by means of a combination of hand-held devices and official surveillance tools like closed circuit television cameras (CCTV). …


Symposium Introduction: The Religion Clauses In The 21st Century, William P. Marshall, Vivian E. Hamilton, John E. Taylor Jan 2007

Symposium Introduction: The Religion Clauses In The 21st Century, William P. Marshall, Vivian E. Hamilton, John E. Taylor

Faculty Publications

No abstract provided.