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Full-Text Articles in Law
Force-Feeding Pretrial Detainees: A Constitutional Violation, Bryn L. Clegg
Force-Feeding Pretrial Detainees: A Constitutional Violation, Bryn L. Clegg
William & Mary Law Review
No abstract provided.
The Epistemic Function Of Fusing Equal Protection And Due Process, Deborah Hellman
The Epistemic Function Of Fusing Equal Protection And Due Process, Deborah Hellman
William & Mary Bill of Rights Journal
The fusion of equal protection and due process has attracted significant attention with scholars offering varied accounts of its purpose and function. Some see the combination as productive, creating a constitutional violation that neither clause would generate alone. Others see the combination as merely strategic, offered to make a claim acceptable at a particular historical moment but not genuinely necessary. This Article offers a third alternative. Judges have and should bring both equal protection and due process together to learn what each clause independently requires. On this Epistemic vision of constitutional fusion, a focus on equality helps judges learn what …
The Lawfulness Of The Same-Sex Marriage Decisions: Charles Black On Obergefell, Toni M. Massaro
The Lawfulness Of The Same-Sex Marriage Decisions: Charles Black On Obergefell, Toni M. Massaro
William & Mary Bill of Rights Journal
No abstract provided.
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 …
Abortion, The Undue Burden Standard, And The Evisceration Of Women's Privacy, Caitlin E. Borgmann
Abortion, The Undue Burden Standard, And The Evisceration Of Women's Privacy, Caitlin E. Borgmann
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.