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Full-Text Articles in Law
Constitutional Law (1959-1967), Dudley Warner Woodbridge
Constitutional Law (1959-1967), Dudley Warner Woodbridge
Virginia Bar Notes
No abstract provided.
Constitutional Law (1959-1967), Dudley Warner Woodbridge
Constitutional Law (1959-1967), Dudley Warner Woodbridge
Virginia Bar Notes
No abstract provided.
The Judicial Trend Toward Student Academic Freedom, William W. Van Alstyne
The Judicial Trend Toward Student Academic Freedom, William W. Van Alstyne
Faculty Publications
This analysis references the growing likelihood that even “private” colleges and universities may be viewed as state actors due to these institutions growing reliance on public funds and their performance of what is often considered a public function. Given such, this examination discusses the growing sphere of student rights.
The Demise Of The Right-Privilege Distinction In Constitutional Law, William W. Van Alstyne
The Demise Of The Right-Privilege Distinction In Constitutional Law, William W. Van Alstyne
Faculty Publications
The right-privilege distinction, as it appeared in an early statement by Justice Holmes, has long hampered individuals within the public sector in protecting themselves against arbitrary governmental action. In this article Professor Van Alstyne reviews the uses and misuses to which the "privilege" concept has been put and then examines those doctrines whose flanking attacks have gradually eroded its efficacy. But none of these doctrines comes to grips with Holmes' basic idea of a "privilege" to which substantive due process is inapplicable. Applying Holmes' own jurisprudence, the author argues that the concept of "privilege" is today no longer viable, and …