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The Genetic Information Nondiscrimination Act At Age 10: Gina’S Controversial Assertion That Data Transparency Protects Privacy And Civil Rights, Barbara J. Evans
The Genetic Information Nondiscrimination Act At Age 10: Gina’S Controversial Assertion That Data Transparency Protects Privacy And Civil Rights, Barbara J. Evans
William & Mary Law Review
The genomic testing industry is an edifice built on data transparency: transparent and often unconsented sharing of our genetic information with researchers to fuel scientific discovery, transparent sharing of our test results to help regulators infer whether the tests are safe and effective, and transparent sharing of our health information to help treat other patients on the premise that we gain reciprocity of advantage when each person’s health care is informed by the best available data about all of us. Transparency undeniably confers many social benefits but creates risks to the civil rights of the people whose genetic information is …
The Derivative Nature Of Corporate Constitutional Rights, Margaret M. Blair, Elizabeth Pollman
The Derivative Nature Of Corporate Constitutional Rights, Margaret M. Blair, Elizabeth Pollman
William & Mary Law Review
This Article engages the two-hundred-year history of corporate constitutional rights jurisprudence to show that the Supreme Court has long accorded rights to corporations based on the rationale that corporations represent associations of people from whom such rights are derived. The Article draws on the history of business corporations in America to argue that the Court’s characterization of corporations as associations made sense throughout most of the nineteenth century. By the late nineteenth century, however, when the Court was deciding several key cases involving corporate rights, this associational view was already becoming a poor fit for some corporations. The Court’s failure …
Is Guilt Dispositive? Federal Habeas After Martinez, Justin F. Marceau
Is Guilt Dispositive? Federal Habeas After Martinez, Justin F. Marceau
William & Mary Law Review
Federal habeas review of criminal convictions is not supposed to be a second opportunity to adjudge guilt. Oliver Wendell Holmes, among others, has said that the sole question on federal habeas is whether the prisoner’s constitutional rights were violated. By the early 1970s, however, scholars criticized this rights-based view of habeas and sounded the alarm that postconviction review had become too far removed from questions of innocence. Most famously, in 1970 Judge Friendly criticized the breadth of habeas corpus by posing a single question: Is innocence irrelevant? In his view habeas review that focused exclusively on questions of rights in …
Windsor Beyond Marriage: Due Process, Equality & Undocumented Immigration, Anthony O'Rourke
Windsor Beyond Marriage: Due Process, Equality & Undocumented Immigration, Anthony O'Rourke
William & Mary Law Review
The Supreme Court’s recent decision in United States v. Windsor, invalidating part of the federal Defense of Marriage Act, presents a significant interpretive challenge. Early commentators have criticized the majority opinion’s lack of analytical rigor, and expressed doubt that Windsor can serve as a meaningful precedent with respect to constitutional questions outside the area of same-sex marriage. This Article offers a more rehabilitative reading of Windsor and shows how the decision can be used to analyze a significant constitutional question concerning the use of state criminal procedure to regulate immigration.
From Windsor’s holding, the Article distills two concrete doctrinal propositions …
Presidential Constitutionalism And Civil Rights, Joseph Landau
Presidential Constitutionalism And Civil Rights, Joseph Landau
William & Mary Law Review
As the judicial and legislative branches have taken a more passive approach to civil rights enforcement, the President’s exercise of independent, extrajudicial constitutional judgment has become increasingly important. Modern U.S. presidents have advanced constitutional interpretations on matters of race, gender, HIV-status, self-incrimination, reproductive liberty, and gun rights, and President Obama has been especially active in promoting the rights of lesbian, gay, bisexual, and transgender (LGBT) persons—most famously by refusing to defend the Defense of Marriage Act (DOMA). Commentators have criticized the President’s refusal to defend DOMA from numerous perspectives but have not considered how the President’s DOMA policy fits within …
Flunking The Class-Of-One/Failing Equal Protection, William D. Araiza
Flunking The Class-Of-One/Failing Equal Protection, William D. Araiza
William & Mary Law Review
This Article considers the equal protection “class-of-one” doctrine in light of recent developments, both at the Supreme Court and in the lower courts. After Part I explains the background and current state of the doctrine, Part II considers how that doctrine provides insights into such basic equal protection concepts as discriminatory intent and animus. It also critiques the Court’s analysis of the class-of-one, arguing that the Court has mishandled these concepts and in so doing caused doctrinal anomalies and lower court confusion. Part II offers an alternative approach to the class-of-one that corrects those problems while still addressing the concerns …
Tragic Rights: The Rights Critique In The Age Of Obama, Robin L. West
Tragic Rights: The Rights Critique In The Age Of Obama, Robin L. West
William & Mary Law Review
No abstract provided.
Rethinking The History Of American Freedom, Michael J. Klarman
Rethinking The History Of American Freedom, Michael J. Klarman
William & Mary Law Review
No abstract provided.
Conceptual Gulfs In City Of Boerne V. Flores, Douglas Laycock
Conceptual Gulfs In City Of Boerne V. Flores, Douglas Laycock
William & Mary Law Review
No abstract provided.
The Rise And Fall Of Supreme Court Concern For Racial Minorities, John E. Nowak
The Rise And Fall Of Supreme Court Concern For Racial Minorities, John E. Nowak
William & Mary Law Review
No abstract provided.
Imposition, Richard Delgado, Jean Stefancic
Imposition, Richard Delgado, Jean Stefancic
William & Mary Law Review
No abstract provided.
Ethnicity And Prejudice: Reevaluating "National Origin" Discrimination Under Title Vii, Juan F. Perea
Ethnicity And Prejudice: Reevaluating "National Origin" Discrimination Under Title Vii, Juan F. Perea
William & Mary Law Review
No abstract provided.
The Civil Rights Act Of 1991: A Continuation Of The Wards Cove Standard Of Business Necessity, Philip S. Runkel
The Civil Rights Act Of 1991: A Continuation Of The Wards Cove Standard Of Business Necessity, Philip S. Runkel
William & Mary Law Review
No abstract provided.
The Survival Of Racism Under The Constitution, Juan Williams
The Survival Of Racism Under The Constitution, Juan Williams
William & Mary Law Review
No abstract provided.
Where's The Politics?: Introduction To Williams, Eastland, Days, And Rabkin, Neal Devins
Where's The Politics?: Introduction To Williams, Eastland, Days, And Rabkin, Neal Devins
William & Mary Law Review
No abstract provided.
Presumed Frivolous: Application Of Stringent Pleading Requirements In Civil Rights Litigation, Douglas A. Blaze
Presumed Frivolous: Application Of Stringent Pleading Requirements In Civil Rights Litigation, Douglas A. Blaze
William & Mary Law Review
No abstract provided.
James Madison, Virginia Politics, And The Bill Of Rights, J. Gordon Hylton
James Madison, Virginia Politics, And The Bill Of Rights, J. Gordon Hylton
William & Mary Law Review
No abstract provided.
Revisiting The New Property After Twenty-Five Years, Paul R. Verkuil
Revisiting The New Property After Twenty-Five Years, Paul R. Verkuil
William & Mary Law Review
No abstract provided.
James Madison, The Bill Of Rights, And The Problem Of The States, Charles F. Hobson
James Madison, The Bill Of Rights, And The Problem Of The States, Charles F. Hobson
William & Mary Law Review
No abstract provided.
A Cultural Historian's Reading Of Charles Reich's Impact On The Contemporary Discourse On "Welfare", Brigitte Fleischmann
A Cultural Historian's Reading Of Charles Reich's Impact On The Contemporary Discourse On "Welfare", Brigitte Fleischmann
William & Mary Law Review
No abstract provided.
Preserving The Bill Of Rights In The Modern Administrative-Industrial State, Rodney A. Smolla
Preserving The Bill Of Rights In The Modern Administrative-Industrial State, Rodney A. Smolla
William & Mary Law Review
No abstract provided.
Introduction To The Bill Of Rights At 200 Years: Bicentennial Perspectives, Rodney A. Smolla
Introduction To The Bill Of Rights At 200 Years: Bicentennial Perspectives, Rodney A. Smolla
William & Mary Law Review
No abstract provided.
The Trivialization Of The Bill Of Rights: One Historian's View Of How The Purposes Of The First Ten Amendments Have Been Defiled, Robert A. Rutland
The Trivialization Of The Bill Of Rights: One Historian's View Of How The Purposes Of The First Ten Amendments Have Been Defiled, Robert A. Rutland
William & Mary Law Review
No abstract provided.
The Madisonian Theory Of Rights, Jack N. Rakove
The Madisonian Theory Of Rights, Jack N. Rakove
William & Mary Law Review
No abstract provided.
The Liberty Impact Of The New Property, Charles A. Reich
The Liberty Impact Of The New Property, Charles A. Reich
William & Mary Law Review
No abstract provided.
Separation Of Powers And Federalism: Their Impact On Individual Liberty And The Functioning Of Our Government, Candace H. Beckett
Separation Of Powers And Federalism: Their Impact On Individual Liberty And The Functioning Of Our Government, Candace H. Beckett
William & Mary Law Review
No abstract provided.
Congressional Power To Contradict The Supreme Court's Constitutional Decisions: Accomodation Of Rights In Conflict, J. Edmond Nathanson
Congressional Power To Contradict The Supreme Court's Constitutional Decisions: Accomodation Of Rights In Conflict, J. Edmond Nathanson
William & Mary Law Review
No abstract provided.
The Alien Tort Statute: United States Jurisdiction Over Acts Of Torture Committed Abroad, Timothy Mcdonnell
The Alien Tort Statute: United States Jurisdiction Over Acts Of Torture Committed Abroad, Timothy Mcdonnell
William & Mary Law Review
No abstract provided.
Constitutional Privacy, The Right To Die And The Meaning Of Life: A Moral Analysis, David A.J. Richards
Constitutional Privacy, The Right To Die And The Meaning Of Life: A Moral Analysis, David A.J. Richards
William & Mary Law Review
No abstract provided.
United States V. City Of Chicago: Impact Standard Applicable To State And Local Governments Under Title Vii, Lydia C. Taylor, Francis C. Bagbey
United States V. City Of Chicago: Impact Standard Applicable To State And Local Governments Under Title Vii, Lydia C. Taylor, Francis C. Bagbey
William & Mary Law Review
No abstract provided.