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Articles 1 - 23 of 23
Full-Text Articles in Entire DC Network
Reaffirming The Right To Pretrial Assistance: The Surprising Little Case Of Fellers V. United States, James K. Tomkovicz
Reaffirming The Right To Pretrial Assistance: The Surprising Little Case Of Fellers V. United States, James K. Tomkovicz
William & Mary Bill of Rights Journal
No abstract provided.
Conflicting Commerce Clauses: How Raich And American Trucking Dishonor Their Doctrines, John W. Moorman
Conflicting Commerce Clauses: How Raich And American Trucking Dishonor Their Doctrines, John W. Moorman
William & Mary Bill of Rights Journal
No abstract provided.
The Contradiction Between Equal Protection's Meaning And Its Legal Substance: How Deliberate Indifference Can Cure It, Derek W. Black
The Contradiction Between Equal Protection's Meaning And Its Legal Substance: How Deliberate Indifference Can Cure It, Derek W. Black
William & Mary Bill of Rights Journal
This Article highlights the inherent ambiguities of racial antidiscrimination's core legal language: "equal protection under the law" and "discrimination based on race." It then analyzes how and why the Court has never answered fundamental questions regarding the meaning of these terms. Thus, this Article answers these fundamental questions itself by exploring the original intent behind the Equal Protection Clause. Against this backdrop, this Article reveals how the Court's standard for assessing discrimination claims, the intent doctrine, assumes a meaning for equal protection that is inconsistent with its original meaning. Rather than reflecting equal protection's meaning, the standard lacks any basis …
Sex Offenders In The Community: Their Public Persona And The Media's Corresponding Privilege To Report, Douglas Griswold
Sex Offenders In The Community: Their Public Persona And The Media's Corresponding Privilege To Report, Douglas Griswold
William & Mary Bill of Rights Journal
No abstract provided.
Religious Tests In The Mirror: The Constitutional Law And Constitutional Etiquette Of Religion In Judicial Nominations, Paul Horwitz
Religious Tests In The Mirror: The Constitutional Law And Constitutional Etiquette Of Religion In Judicial Nominations, Paul Horwitz
William & Mary Bill of Rights Journal
No abstract provided.
Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz
Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz
William & Mary Bill of Rights Journal
No abstract provided.
Pluralism And Public Legal Reason, Lawrence B. Solum
Pluralism And Public Legal Reason, Lawrence B. Solum
William & Mary Bill of Rights Journal
No abstract provided.
Religions, Fragmentations, And Doctrinal Limits, Frederick Mark Gedicks
Religions, Fragmentations, And Doctrinal Limits, Frederick Mark Gedicks
William & Mary Bill of Rights Journal
No abstract provided.
Empiricism, Religion, And Judicial Decision-Making, Stephen M. Feldman
Empiricism, Religion, And Judicial Decision-Making, Stephen M. Feldman
William & Mary Bill of Rights Journal
No abstract provided.
A House Divided? What Social Science Has To Say About The Culture War, David E. Campbell
A House Divided? What Social Science Has To Say About The Culture War, David E. Campbell
William & Mary Bill of Rights Journal
No abstract provided.
Introduction: Religion, Division, And The Constitution, Richard W. Garnett
Introduction: Religion, Division, And The Constitution, Richard W. Garnett
William & Mary Bill of Rights Journal
No abstract provided.
The Constitutional Infirmity Of Warrantless Nsa Surveillance: The Abuse Of Presidential Power And The Injury To The Fourth Amendment, Robert Bloom, William J. Dunn
The Constitutional Infirmity Of Warrantless Nsa Surveillance: The Abuse Of Presidential Power And The Injury To The Fourth Amendment, Robert Bloom, William J. Dunn
William & Mary Bill of Rights Journal
In the past year, there have been many revelations about the tactics used by the Bush administration to prosecute its war on terrorism. These stories involve the exploitation of technologies that allow the government, with the cooperation of phone companies and financial institutions, to access phone and financial records. This Article focuses on the revelation and widespread criticism of the Bush administration's operation of a warrantless electronic surveillance program to monitor international phone calls and e-mails that originate or terminate with a United States party. The powerful and secret National Security Agency heads the program and leverages its significant intelligence …
Cutter And The Preferred Position Of The Free Exercise Clause, Steven Goldberg
Cutter And The Preferred Position Of The Free Exercise Clause, Steven Goldberg
William & Mary Bill of Rights Journal
No abstract provided.
A Clearing In The Forest: Infusing The Labor Union Dues Dispute With First Amendment Values, Harry G. Hutchinson
A Clearing In The Forest: Infusing The Labor Union Dues Dispute With First Amendment Values, Harry G. Hutchinson
William & Mary Bill of Rights Journal
This article deploys public choice theory and postmodem identity claims to develop a far-reaching understanding of the union dues dispute, which suggests that the burden of proof on the existence of and/or the possibility of an enduring union community should be placed on proponents of this view. While the postmodern project can be seen as an unsettled approach that is riven by coherency issues, not the least, its insistence on offering the good without the true, it supplies modest benefits by revealing the conceivably infinite varieties of human preferences in contemporary America. The absence of preference convergence, understood from the …
Speech And The Self-Governance Value, Brian C. Murchison
Speech And The Self-Governance Value, Brian C. Murchison
William & Mary Bill of Rights Journal
No abstract provided.
Foreword: Disabling Brown, Michael Ashley Stein
Foreword: Disabling Brown, Michael Ashley Stein
William & Mary Bill of Rights Journal
No abstract provided.
Sexuality And Sovereignty: The Global Limits And Possibilities Of A Lawrence, Sonia K. Katyal
Sexuality And Sovereignty: The Global Limits And Possibilities Of A Lawrence, Sonia K. Katyal
William & Mary Bill of Rights Journal
No abstract provided.
The Backlash Thesis And Same-Sex Massiage: Learning From Brown V. Board Of Education And Its Aftermath, Carlos A. Ball
The Backlash Thesis And Same-Sex Massiage: Learning From Brown V. Board Of Education And Its Aftermath, Carlos A. Ball
William & Mary Bill of Rights Journal
No abstract provided.
Confrontation, Equity, And The Misnamed Exception For "Forfeiture" By Wrongdoing, James F. Flanagan
Confrontation, Equity, And The Misnamed Exception For "Forfeiture" By Wrongdoing, James F. Flanagan
William & Mary Bill of Rights Journal
No abstract provided.
The Year Of Leaking Dangerously: Shadowy Sources, Jailed Journalists And The Uncertain Future Of The Federal Journalist's Privilege., Anthony L. Fargo
The Year Of Leaking Dangerously: Shadowy Sources, Jailed Journalists And The Uncertain Future Of The Federal Journalist's Privilege., Anthony L. Fargo
William & Mary Bill of Rights Journal
No abstract provided.
Justice O'Connor And The "Right To Die": Constitutional Promises Unfulfilled, Michael P. Allen
Justice O'Connor And The "Right To Die": Constitutional Promises Unfulfilled, Michael P. Allen
William & Mary Bill of Rights Journal
No abstract provided.
Is Economic Exclusion A Legitimate State Interest? Four Recent Cases Test The Boundaries, Timothy Sandefur
Is Economic Exclusion A Legitimate State Interest? Four Recent Cases Test The Boundaries, Timothy Sandefur
William & Mary Bill of Rights Journal
No abstract provided.
Use Of The Drug Pavulon In Lethal Injections: Cruel And Unusual, Casey Lynne Ewart
Use Of The Drug Pavulon In Lethal Injections: Cruel And Unusual, Casey Lynne Ewart
William & Mary Bill of Rights Journal
No abstract provided.