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Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, Kathryn R. Urbonya Apr 2000

Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, Kathryn R. Urbonya

Faculty Publications

No abstract provided.


Use Of Race In "Stop-And-Frisk": Stereotypical Beliefs Linger, But How Far Can The Police Go?, Bennett L. Gershman Apr 2000

Use Of Race In "Stop-And-Frisk": Stereotypical Beliefs Linger, But How Far Can The Police Go?, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The power of police to detain persons for a brief period to investigate suspected criminal activity--commonly known as “stop-and-frisk”--has always been one of the most contentious issues in law enforcement. Although there is general consensus that street stops are an important weapon in crime prevention, the belief has always existed that stop-and-frisk tactics are often used indiscriminately and abusively against minority groups.


A Story For All Seasons: Akhil Reed Amar On The Bill Of Rights, Michael Kent Curtis Feb 2000

A Story For All Seasons: Akhil Reed Amar On The Bill Of Rights, Michael Kent Curtis

William & Mary Bill of Rights Journal

No abstract provided.


The Bill Of Rights: Creation And Reconstruction By Akhil Reed Amar Feb 2000

The Bill Of Rights: Creation And Reconstruction By Akhil Reed Amar

William & Mary Bill of Rights Journal

No abstract provided.


The Bill Of Rights, The Fourteenth Amendment, And The Seven Deadly Sins Of Legal Scholarship, Richard L. Aynes Feb 2000

The Bill Of Rights, The Fourteenth Amendment, And The Seven Deadly Sins Of Legal Scholarship, Richard L. Aynes

William & Mary Bill of Rights Journal

No abstract provided.


Comments On Akhil Reed Amar's The Bill Of Rights: Creation And Reconstruction, Melvin I. Urofsky Feb 2000

Comments On Akhil Reed Amar's The Bill Of Rights: Creation And Reconstruction, Melvin I. Urofsky

William & Mary Bill of Rights Journal

No abstract provided.


Save The Marriage Before (Not After) The Ceremony: The Marriage Preparation Act - Can We Have A Public Response To A Private Problem, Lundy Langston Jan 2000

Save The Marriage Before (Not After) The Ceremony: The Marriage Preparation Act - Can We Have A Public Response To A Private Problem, Lundy Langston

Journal Publications

Two individuals meet, engage in an intimate, not necessarily sexual, relationship and marry. The two join in a union with the promise to spend the remainder of their natural lives together. But forever is not forever. On a national level, over 50 percent of marriages end in divorce.' Perhaps marriage vows should include a statement about the inevitability of divorce. States' divorce laws vary, from faultbased, to no-fault, to a statutory period of separation. Some states recently made it easier for individuals to be granted a divorce. Reasons for making it easier to end marriages could have been related to …


Book Review Of Getting Around Brown: Desegregation, Development, And The Columbus Public Schools, Davison M. Douglas Jan 2000

Book Review Of Getting Around Brown: Desegregation, Development, And The Columbus Public Schools, Davison M. Douglas

Popular Media

No abstract provided.


Inverting The Viability Test For Abortion Law, Bruce Ching Jan 2000

Inverting The Viability Test For Abortion Law, Bruce Ching

Journal Articles

The abortion controversy is likely to become even more pressing with the development of technological advancements that enhance the chances for fetal survival of the abortion procedure. This essay explores the consequences of recognizing that keeping the fetus alive does not depend on keeping the fetus in utero.


The Evolving Police Power: Some Observations For A New Century, David B. Kopel, Glenn Harlan Reynolds Jan 2000

The Evolving Police Power: Some Observations For A New Century, David B. Kopel, Glenn Harlan Reynolds

David B Kopel

A review of state and federal courts decisions on the scope of state police powers suggests that the shift from the more restrictive sic utere principle to the more open salus populi principle may be reversing, with courts -- at least in cases involving sex and marriage -- taking a much more skeptical view of government objectives and justifications.


The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Mclaughlin Jan 2000

The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Mclaughlin

Elisabeth Haub School of Law Faculty Publications

Since the Supreme Court injected the issue of intent into the voting rights arena in Mobile v. Bolden,1 there has been a long and persistent struggle to reverse that decision. In 1982, Congress thought it had put the question of the quantum and quality of proof required to establish a violation of section 2 of the Voting Rights Act to rest when Congress amended that section. However, the courts quickly began a rear guard action to undermine congressional efforts to eliminate the intent requirement as an element of a plaintiff's claim. Both the Supreme Court and the circuit courts have …