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Articles 1 - 30 of 41
Full-Text Articles in Entire DC Network
The Role Of Suspicion In Federal Equal Protection, Paul E. Mcgreal
The Role Of Suspicion In Federal Equal Protection, Paul E. Mcgreal
William & Mary Bill of Rights Journal
Recently, Professor Jed Rubenfeld wrote an essay arguing that the Supreme Court's strict scrutiny test for equal protection works best to "smoke out" the purpose of laws to determine whether they were enacted because of racial bias or preference. Professor Rubenfeld criticized the Court's most recent affirmative action decision in Adarand Constructors, Inc. v. Pena for departing from this "smoking out" approach.
In this Essay, Professor McGreal explores how this "smoking out" process is applied in federal equal protection cases. Counter to Professor Rubenfeld's view, he argues that the Supreme Court did use a "smoking out" approach in Adarand. His …
The Inevitable Infidelities Of Constitutional Translation: The Case Of The New Deal, John O. Mcginnis
The Inevitable Infidelities Of Constitutional Translation: The Case Of The New Deal, John O. Mcginnis
William & Mary Law Review
No abstract provided.
Table Of Contents And Masthead (V. 41, No. 1)
Table Of Contents And Masthead (V. 41, No. 1)
William & Mary Law Review
No abstract provided.
The Unusual Suspects: Journalists As Thieves, William E. Lee
The Unusual Suspects: Journalists As Thieves, William E. Lee
William & Mary Bill of Rights Journal
The publication of confidential information by the press stands in stark contrast to the press' dedication to protecting the confidentiality of sources. While the Supreme Court has taken the position that the press may publish confidential information acquired through "routine" newsgathering methods, the contours of the phrase "routine " newsgathering methods are poorly defined In this Article, Professor Lee describes the link between the manner in which information is obtained and the First Amendment's protection of the publication of the information. He concludes that the proper analysis would separate the interests affected by publication from the interests affected by illegal …
The Fragmented Liberty Clause, Rebecca L. Brown
The Fragmented Liberty Clause, Rebecca L. Brown
William & Mary Law Review
No abstract provided.
Power, Policy, And The Hyde Amendment: Ensuring Sound Judicial Interpretation Of The Criminal Attorney's Fees Law, Lawrence Judson Welle
Power, Policy, And The Hyde Amendment: Ensuring Sound Judicial Interpretation Of The Criminal Attorney's Fees Law, Lawrence Judson Welle
William & Mary Law Review
No abstract provided.
Unique Mental Health Needs Of Hiv-Infected Women Inmates: What Services Are Required Under The Constitution And The Americans With Disabilities Act?, Connie M. Mayer
Unique Mental Health Needs Of Hiv-Infected Women Inmates: What Services Are Required Under The Constitution And The Americans With Disabilities Act?, Connie M. Mayer
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Neonaticide And The Misuse Of The Insanity Defense, Megan C. Hogan
Neonaticide And The Misuse Of The Insanity Defense, Megan C. Hogan
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Sec Rule 14e-3 In The Wake Of United States V. O'Hagan: Proper Prophylactic Scope And The Future Of Warehousing, Jeff Lobb
William & Mary Law Review
No abstract provided.
The Founders And The President's Authority Over Foreign Affairs, H. Jefferson Powell
The Founders And The President's Authority Over Foreign Affairs, H. Jefferson Powell
William & Mary Law Review
No abstract provided.
Evidence Myopia: The Failure To See The Federal Rules Of Evidence As A Codification Of The Common Law, Glen Weissenberger
Evidence Myopia: The Failure To See The Federal Rules Of Evidence As A Codification Of The Common Law, Glen Weissenberger
William & Mary Law Review
No abstract provided.
Nomos, Narrative, And Adjudication: Toward A Jurisgenetic Theory Of Law, Franklin G. Snyder
Nomos, Narrative, And Adjudication: Toward A Jurisgenetic Theory Of Law, Franklin G. Snyder
William & Mary Law Review
No abstract provided.
Fighting The Devil We Don't Know: Kansas V. Hendricks, A Case Study Exploring The Civilization Of Criminal Punishment And Its Ineffectiveness In Preventing Child Sexual Abuse, Cynthia A. King
William & Mary Law Review
No abstract provided.
Technology And The Right To Privacy: The Convergence Of Surveillance And Information Privacy Concerns, Thomas B. Kearns
Technology And The Right To Privacy: The Convergence Of Surveillance And Information Privacy Concerns, Thomas B. Kearns
William & Mary Bill of Rights Journal
While the privacy concerns raised by advances in surveillance and information technologies are widely recognized, recent developments have led to a convergence of these technologies in many situations, presenting new challenges to the right to privacy. This Note examines this convergence of surveillance and information technologies and its potential impact on individual privacy interests.
The Note first discusses the right to privacy, personal information, and surveillance technology separately, noting ways that new technologies create privacy concerns. The Note then describes the merging of surveillance and information technologies and the resulting convergence of two formerly distinct privacy issues. Finally, the Note …
Private Amici Curaie And The Supreme Court's 1997-1998 Term Employment Law Jurisprudence, Andrew P. Morriss
Private Amici Curaie And The Supreme Court's 1997-1998 Term Employment Law Jurisprudence, Andrew P. Morriss
William & Mary Bill of Rights Journal
The amicus curiae brief has become a common occurrence in today's legal arena, especially with the proliferation of private interest groups that specialize in numerous topics of political and social interest. The substantial increase in the use of amici briefs, however, has sparked criticism concerning both the costs (in effort and resources) associated with filing these griefs and the persuasive effect (or lack thereof) the briefs have on the Court. Much of this criticism arises from the failure of many interest groups to posit "legal" arguments that apply the facts of a given case to the law. Instead, the amici …
Arbitration And Reform In Private Securities Litigation: Dealing With The Meritorious As Well As The Frivolous, Steven A. Ramirez
Arbitration And Reform In Private Securities Litigation: Dealing With The Meritorious As Well As The Frivolous, Steven A. Ramirez
William & Mary Law Review
No abstract provided.
Gazing Into The Crystal Ball: Reflections On The Standards State Judges Should Use To Ascertain Federal Law, Donald H. Zeigler
Gazing Into The Crystal Ball: Reflections On The Standards State Judges Should Use To Ascertain Federal Law, Donald H. Zeigler
William & Mary Law Review
No abstract provided.
Explaining The Controversy Surrounding United States V. Smithfield Foods, Inc., Robert H. Fuhrman, Patrick D. Traylor
Explaining The Controversy Surrounding United States V. Smithfield Foods, Inc., Robert H. Fuhrman, Patrick D. Traylor
William & Mary Environmental Law and Policy Review
No abstract provided.
Smithfield Foods: A Case For Federal Action, Lee R. Okster
Smithfield Foods: A Case For Federal Action, Lee R. Okster
William & Mary Environmental Law and Policy Review
No abstract provided.
United States V. Smithfield: A Paradigmatic Example Of Lax Enforcement Of The Clean Water Act By The Commonwealth Of Virginia, Derek A. Yeo, Roy A. Hoagland
United States V. Smithfield: A Paradigmatic Example Of Lax Enforcement Of The Clean Water Act By The Commonwealth Of Virginia, Derek A. Yeo, Roy A. Hoagland
William & Mary Environmental Law and Policy Review
No abstract provided.
Gwaltney Of Smithfield Revisited, Ann Powers
Gwaltney Of Smithfield Revisited, Ann Powers
William & Mary Environmental Law and Policy Review
No abstract provided.
Evaluating U.S. Endangered Species Legislation - The Endangered Species Act As An International Example, Charlene D. Daniel
Evaluating U.S. Endangered Species Legislation - The Endangered Species Act As An International Example, Charlene D. Daniel
William & Mary Environmental Law and Policy Review
No abstract provided.
Pansexuality And The Law, Jennifer Ann Drobac
Pansexuality And The Law, Jennifer Ann Drobac
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Pockets Of Poverty: The Second Wives Club - Examining The Financial (In)Security Of Women In Remarriages, Margorie Engel
Pockets Of Poverty: The Second Wives Club - Examining The Financial (In)Security Of Women In Remarriages, Margorie Engel
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Customary International Law And International Human Rights Litigation In United States Courts: Revitalizing The Legacy Of The Paquete Habana, Kathleen M. Kedian
Customary International Law And International Human Rights Litigation In United States Courts: Revitalizing The Legacy Of The Paquete Habana, Kathleen M. Kedian
William & Mary Law Review
No abstract provided.
Coercing Privacy, Anita L. Allen
Devlin Was Right: Law And The Enforcement Of Morality, Gerald Dworkin
Devlin Was Right: Law And The Enforcement Of Morality, Gerald Dworkin
William & Mary Law Review
No abstract provided.
Expressive Liberty, Moral Pluralism, Political Pluralism: Three Sources Of Liberal Theory, William A. Galston
Expressive Liberty, Moral Pluralism, Political Pluralism: Three Sources Of Liberal Theory, William A. Galston
William & Mary Law Review
No abstract provided.
Reconstructing Galston's Conception Of State Neutrality, George W. Harris
Reconstructing Galston's Conception Of State Neutrality, George W. Harris
William & Mary Law Review
No abstract provided.
Autonomy And Agency, Thomas E. Hill Jr.
Autonomy And Agency, Thomas E. Hill Jr.
William & Mary Law Review
No abstract provided.