Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- United States Constitution 1st Amendment (3)
- Constitutional Law (2)
- United States Constitution 5th Amendment (2)
- 28 Williamson County Regional Planning Commission v. Hamilton Bank (473 U.S. 172 (1985)) (1)
- Administration of Criminal Justice (1)
-
- Appellate Courts (1)
- Brett Kavanaugh (1)
- Demonstrations (1)
- Dissent (1)
- Eminent Domain (1)
- Firearms (1)
- First Amendment (U.S. Constitution) (1)
- Freedom of Expression (1)
- Freedom of Speech (1)
- Judicial Candidates (1)
- Judicial Review of Administrative Acts (1)
- Juries (1)
- Law and Fact (1)
- Legal Interpretation (1)
- Legislative Power (1)
- Original Intent (1)
- Presidential-Congressional Relations (1)
- Prison Sentences (1)
- Probable Cause (1)
- Regulatory Taking (1)
- Second Amendment (U.S. Constitution) (1)
- Separation of Powers (1)
- Standing (1)
- Stare Decisis (1)
- United States (1)
Articles 1 - 13 of 13
Full-Text Articles in Entire DC Network
A Prudential Take On A Prudential Takings Doctrine, Katherine Mims Crocker
A Prudential Take On A Prudential Takings Doctrine, Katherine Mims Crocker
Faculty Publications
The Supreme Court is set to decide a case requesting reconsideration of a doctrine that has long bedeviled constitutional litigants and commentators. The case is Knick v. Township of Scott, and the doctrine is the "ripeness" rule from Williamson County Regional Planning Commission v. Hamilton Bank that plaint~ffs seeking to raise takings claims under the Fifth Amendment must pursue state-created remedies first- the so-called "compensation prong" (as distinguished from a separate "takings prong"). This Essay argues that to put the compensation prong in the best light possible, the Court should view the requirement as a "prudential" rule rather than (as …
Arming Public Protests, Timothy Zick
Arming Public Protests, Timothy Zick
Faculty Publications
Public protests have become armed events, with protesters and counter-protesters openly carrying firearms—generally pursuant to state law. Many view the presence of firearms at protest events as wholly incompatible with the exercise of First Amendment free speech and assembly rights. Although the Supreme Court has yet to decide whether there is a Second Amendment right to openly carry firearms in public, all but a small handful of states in the United States provide some legal protection for open carry. Taking the law as it currently stands, this Article provides a comprehensive assessment of the options available to officials who seek …
Statutory Interpretation And The Rest Of The Iceberg: Divergences Between The Lower Federal Courts And The Supreme Court, Aaron-Andrew P. Bruhl
Statutory Interpretation And The Rest Of The Iceberg: Divergences Between The Lower Federal Courts And The Supreme Court, Aaron-Andrew P. Bruhl
Faculty Publications
This Article examines the methods of statutory interpretation used by the lower federal courts, especially the federal district courts, and compares those methods to the practices of the U.S. Supreme Court. This novel research reveals both similarities across courts and some striking differences. The research shows that some interpretive tools are highly overrepresented in the Supreme Court’s decisions, while other tools are much more prevalent in the lower courts. Differences in prevalence persist even after accounting for the selection effect that stems from the Supreme Court’s discretionary docket. Another finding—based on a study of 40 years of cases from all …
Supreme Court Norms Of Impersonality, Allison Orr Larsen
Supreme Court Norms Of Impersonality, Allison Orr Larsen
Faculty Publications
No abstract provided.
Section 1: Moot Court: Nieves, Institute Of Bill Of Rights Law, William & Mary Law School
Section 1: Moot Court: Nieves, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Managing Dissent, Timothy Zick
Managing Dissent, Timothy Zick
Faculty Publications
In his insightful new book, Managed Speech: The Roberts Court's First Amendment (2017), Professor Greg Magarian criticizes the Roberts Court for adopting a "managed speech" approach in its First Amendment cases. According to Professor Magarian, that approach gives too much power to private and governmental actors to manage public discourse, constrain dissident speakers, and instill social and political stability. This Article argues that at least insofar as it relates to many forms of public dissent, the managed speech approach is both deeply rooted in First Amendment jurisprudence and culturally prevalent. Historically, First Amendment jurisprudence has expressed support for narrowly managed …
President Trump: Challenging Core First Amendment Principles, Timothy Zick
President Trump: Challenging Core First Amendment Principles, Timothy Zick
Popular Media
No abstract provided.
The First Amendment, The Second Amendment, And 3d Firearms, Timothy Zick
The First Amendment, The Second Amendment, And 3d Firearms, Timothy Zick
Popular Media
No abstract provided.
Judge Kavanaugh And Freedom Of Expression, Timothy Zick
Judge Kavanaugh And Freedom Of Expression, Timothy Zick
Popular Media
No abstract provided.
Constitutional Law In An Age Of Alternative Facts, Allison Orr Larsen
Constitutional Law In An Age Of Alternative Facts, Allison Orr Larsen
Faculty Publications
Objective facts—while perhaps always elusive—are now an endangered species. A mix of digital speed, social media, fractured news, and party polarization has led to what some call a “post-truth” society: a culture where what is true matters less than what we want to be true. At the same moment in time when “alternative facts” reign supreme, we have also anchored our constitutional law in general observations about the way the world works. Do violent video games harm child brain development? Is voter fraud widespread? Is a “partial-birth abortion” ever medically necessary? Judicial pronouncements on questions like these are common, and— …
Waiting For Justice, Jeffrey Bellin
Waiting For Justice, Jeffrey Bellin
Popular Media
One man’s seven-year wait for a trial reveals the ways mandatory minimums distort our courts.
Congress, The Courts, And Party Polarization: Why Congress Rarely Checks The President And Why The Courts Should Not Take Congress’S Place, Neal Devins
Faculty Publications
No abstract provided.
The Silence Penalty, Jeffrey Bellin
The Silence Penalty, Jeffrey Bellin
Faculty Publications
In every criminal trial, the defendant possesses the right to testify. Deciding whether to exercise that right, however, is rarely easy. Declining to testify shields defendants from questioning by the prosecutor and normally precludes the introduction of a defendant’s prior crimes. But silence comes at a price. Jurors penalize defendants who fail to testify by inferring guilt from silence.
This Article explores this complex dynamic, focusing on empirical evidence from mock juror experiments—including the results of a new 400-person mock juror simulation conducted for this Article—and data from real trials. It concludes that the penalty defendants suffer when they refuse …