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Articles 1 - 30 of 196
Full-Text Articles in Entire DC Network
The Confines Of Modern Constitutionalism, David T. Butleritchie
The Confines Of Modern Constitutionalism, David T. Butleritchie
The University of New Hampshire Law Review
[Excerpt] "Constitutionalism is an ambiguous concept, or at least the term is used in ambiguous ways. Virtually every political theorist of the modern period, certainly during the last two hundred years or more, has used the concept of a political constitution in some way or another. There is very little agreement, however, on what the term constitutionalism actually represents. Some mean it in a restrictive way, others in a more expansive way. Some use it in a proscriptive manner, while others employ it prescriptively (some, perhaps, even use it pejoratively). What nearly everyone who uses the term shares, though, is …
An Architecture For Spam Regulation, David Dickinson
An Architecture For Spam Regulation, David Dickinson
Federal Communications Law Journal
Junk email, commonly referred to as "spam," is the current scourge of the Internet. In late 2004, unwanted email messages were being delivered at a rate of 12.4 billion per day. The variety of tools used to combat spam have failed to make a significant impact. Legislative efforts, such as the CAN-SPAM Act of 2003, met with substantial enforcement complications. The communications industry responded with a variety of technical advances, such as filters and blacklists, but those innovations are still unable to reliably distinguish between wanted and unwanted messages. Real coordination between legislative and technical spam control tactics has yet …
A Law Student In The Supreme Court: United States V. Drayton And The Future Of Consent Search Analysis, Dennis J. Callahan
A Law Student In The Supreme Court: United States V. Drayton And The Future Of Consent Search Analysis, Dennis J. Callahan
William & Mary Bill of Rights Journal
No abstract provided.
Righteous Shooting, Unreasonable Seizure? The Relevance Of An Officer's Pre-Seizure Conduct In An Excessive Force Claim, Aaron Kimber
Righteous Shooting, Unreasonable Seizure? The Relevance Of An Officer's Pre-Seizure Conduct In An Excessive Force Claim, Aaron Kimber
William & Mary Bill of Rights Journal
No abstract provided.
Government Corruption And The Right Of Access To Courts, Una A. Kim
Government Corruption And The Right Of Access To Courts, Una A. Kim
Michigan Law Review
This Note addresses the question left unanswered in Harbury: whether these denial of access-to-courts cases, which Justice Souter termed "backward-looking" access claims, are valid exercises of a constitutional right. Backward-looking access claims such as Harbury's differ from traditional denial of access-to-courts claims in that their aim is not to remove impediments to bringing causes of action in the future. Rather, backward-looking access claims allege that a suit that could have been filed in the past was not brought or was not litigated effectively, because access to the courts was at that time denied or obstructed by government officials. …
Not So Landmark After All? Lawrence V. Texas: Classical Liberalism And Due Process Jurisprudence, Davin J. Hall
Not So Landmark After All? Lawrence V. Texas: Classical Liberalism And Due Process Jurisprudence, Davin J. Hall
William & Mary Bill of Rights Journal
No abstract provided.
Collateral Damage: The Endangered Center In American Politics, Samuel Issacharoff
Collateral Damage: The Endangered Center In American Politics, Samuel Issacharoff
William & Mary Law Review
No abstract provided.
Brown And The Desegregation Of Virginia Law Schools, Carl W. Tobias
Brown And The Desegregation Of Virginia Law Schools, Carl W. Tobias
University of Richmond Law Review
No abstract provided.
Reflections On Brown And The Future, Oliver W. Hill Sr.
Reflections On Brown And The Future, Oliver W. Hill Sr.
University of Richmond Law Review
No abstract provided.
"The House Was Quiet And The World Was Calm The Reader Became The Book", Burt Neuborne
"The House Was Quiet And The World Was Calm The Reader Became The Book", Burt Neuborne
Vanderbilt Law Review
Professor Neuborne argues that we err in reading the Bill of Rights "in splendid isolation" as a randomly ordered set of clause-bound norms. Instead, he argues that the disciplined order and placement of the thirty-three ideas in the Bill of Rights, especially the six textual ideas united in the First Amendment, reveals a deep contextual structure imposed by the Founders that sheds important light on the meaning of the constitutional text. He argues that the "vertical" order of the first ten amendments, as well as the "horizontal" order of ideas within each amendment, provides important clues to a judge seeking …
The Promise Of Equality: Reflections On The Post-Brown Era In Virginia, Robert R. Mehrige Jr.
The Promise Of Equality: Reflections On The Post-Brown Era In Virginia, Robert R. Mehrige Jr.
University of Richmond Law Review
No abstract provided.
A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla
A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla
University of Richmond Law Review
No abstract provided.
Virginia's Next Challenge: Economic And Educational Opportunity, Mark R. Warner
Virginia's Next Challenge: Economic And Educational Opportunity, Mark R. Warner
University of Richmond Law Review
No abstract provided.
The Forgotten Constitutional Right To Present A Defense And Its Impact On The Acceptance Of Responsibility-Entrapment Debate, Katrice L. Bridges
The Forgotten Constitutional Right To Present A Defense And Its Impact On The Acceptance Of Responsibility-Entrapment Debate, Katrice L. Bridges
Michigan Law Review
This Note argues that Section 3El.1 of the Federal Sentencing Guidelines must be interpreted to allow defendants who claim entrapment at trial to remain eligible for the acceptance-of-responsibility adjustment. To interpret Section 3El.1 in any other way would run afoul of defendants' constitutional right to present a defense. Part I argues that the entrapment defense does not put factual guilt at issue; instead the entrapment defense challenges whether the statute should apply to the defendant's conduct. Part II contends that the legislative intent in creating the sentencing guidelines in general and the acceptance-of-responsibility adjustment in particular are furthered by requiring …
Statehood As The New Personhood: The Discovery Of Fundamental "States' Rights", Timothy Zick
Statehood As The New Personhood: The Discovery Of Fundamental "States' Rights", Timothy Zick
William & Mary Law Review
No abstract provided.
Beyond Gay Rights: Lawrence V. Texas And The Promise Of Liberty, Philip Chapman
Beyond Gay Rights: Lawrence V. Texas And The Promise Of Liberty, Philip Chapman
William & Mary Bill of Rights Journal
No abstract provided.
The Panda's Thumb: The Modest And Mercantilist Original Meaning Of The Commerce Clause, Calvin H. Johnson
The Panda's Thumb: The Modest And Mercantilist Original Meaning Of The Commerce Clause, Calvin H. Johnson
William & Mary Bill of Rights Journal
No abstract provided.
An Examination And Analylsis Of The Equity And Adequacy Concepts Of Constitutional Challenges To State Education Finance Distribution Formulas, R. Craig Wood, Bruce D. Baker
An Examination And Analylsis Of The Equity And Adequacy Concepts Of Constitutional Challenges To State Education Finance Distribution Formulas, R. Craig Wood, Bruce D. Baker
University of Arkansas at Little Rock Law Review
No abstract provided.
Assessing The Constitutionality Of Laws That Are Both Content-Based And Content-Neutral: The Emerging Constitutional Calculus, Wilson R. Huhn
Assessing The Constitutionality Of Laws That Are Both Content-Based And Content-Neutral: The Emerging Constitutional Calculus, Wilson R. Huhn
Indiana Law Journal
No abstract provided.
Structuring Sentencing: Apprendi, The Offense Of Conviction, And The Limited Role Of Constitutional Law, Benjamin J. Priester
Structuring Sentencing: Apprendi, The Offense Of Conviction, And The Limited Role Of Constitutional Law, Benjamin J. Priester
Indiana Law Journal
No abstract provided.
An Unashamed Majoritarian, James Allan
An Unashamed Majoritarian, James Allan
Dalhousie Law Journal
The author a Canadian teaching in Australia, challenges what he regards as the prevailing Canadian orthodoxy, one that he thinks gives the unelected judiciary too much power. He challenges the perception that rights, however understood and though fully supported, necessitate the construction of anti-majoritarian protections such as the Canadian Charter of Rights and Freedoms. Knowing that the Charter is here to stay he concludes by urging judges to adopt methods of interpretation that build in a much greater degree of deference to the legislature.
Constitutional Theory In A Nutshell, Thomas E. Baker
Constitutional Theory In A Nutshell, Thomas E. Baker
William & Mary Bill of Rights Journal
No abstract provided.
Challenging The Wisdom Of Solomon: The First Amendment And Military Recruitment On Campus, Clay Calvert, Robert D. Richards
Challenging The Wisdom Of Solomon: The First Amendment And Military Recruitment On Campus, Clay Calvert, Robert D. Richards
William & Mary Bill of Rights Journal
No abstract provided.
Jurisprudence: Due Process Concerns For The Underrepresented Domestic Violence Victim, Rebecca Fialk, Tamara Mitchel
Jurisprudence: Due Process Concerns For The Underrepresented Domestic Violence Victim, Rebecca Fialk, Tamara Mitchel
Buffalo Women's Law Journal
No abstract provided.
The Progress And Pitfalls Of Lawrence V. Texas, Nicole R. Hart
The Progress And Pitfalls Of Lawrence V. Texas, Nicole R. Hart
Buffalo Law Review
No abstract provided.
The Constitution And The Public Trust, Robert G. Natelson
The Constitution And The Public Trust, Robert G. Natelson
Buffalo Law Review
No abstract provided.
Foreword: Pursuing Equal Justice In The West, Lynne Henderson
Foreword: Pursuing Equal Justice In The West, Lynne Henderson
Nevada Law Journal
No abstract provided.
Reconsidering The Constitutionality Of Federal Sentencing Guidelines After Blakely: A Former Commissioner's Perspective, Michael Goldsmith
Reconsidering The Constitutionality Of Federal Sentencing Guidelines After Blakely: A Former Commissioner's Perspective, Michael Goldsmith
BYU Law Review
No abstract provided.
"Perfect Good Faith", Erin Ruble, Gerald Torres
"Perfect Good Faith", Erin Ruble, Gerald Torres
Nevada Law Journal
No abstract provided.
Citizenship And Suffrage: The Native American Struggle For Civil Rights In The American West, 1830-1965, Willard Hughes Rollings
Citizenship And Suffrage: The Native American Struggle For Civil Rights In The American West, 1830-1965, Willard Hughes Rollings
Nevada Law Journal
No abstract provided.