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- Freedom of Speech (3)
- United States Constitution 1st Amendment (3)
- Freedom of the Press (2)
- Libel and Slander (2)
- Milkovich V. Lorain Journal Co. (497 U.S. 1 (1990)) (1)
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- New York Times Co. v. Sullivan (376 U.S. 254 (1964)) (1)
- Abortion (1)
- Abortion and American Politics (1)
- Antonin Scalia (1)
- Austin v. United States (113 S. Ct. 2801 (1993) (1)
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- Censorship (1)
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- Cohen v. Cowles Media Co. (501 U.S. 663 (1991)) (1)
- Compensation (1)
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- Constitutional Law (1)
- Cruel and Unusual Punishment (1)
- David M. O'Brien (1)
- Economics (1)
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- Executive Power (1)
- Forfeiture (1)
- Publication
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Articles 1 - 18 of 18
Full-Text Articles in Law
Applying The Eighth Amendment To Civil Forfeiture After Austin V. United States: Excessiveness And Proportionality, Douglas S. Reinhart
Applying The Eighth Amendment To Civil Forfeiture After Austin V. United States: Excessiveness And Proportionality, Douglas S. Reinhart
William & Mary Law Review
No abstract provided.
The Future Of Communications Policymaking, Fred H. Cate
The Future Of Communications Policymaking, Fred H. Cate
William & Mary Bill of Rights Journal
No abstract provided.
Media Violence And The Obscenity Exception To The First Amendment, Kevin W. Saunders
Media Violence And The Obscenity Exception To The First Amendment, Kevin W. Saunders
William & Mary Bill of Rights Journal
No abstract provided.
Does The Fourth Amendment Apply To The Armed Forces?, Fredric I. Lederer, Frederic L. Borch
Does The Fourth Amendment Apply To The Armed Forces?, Fredric I. Lederer, Frederic L. Borch
William & Mary Bill of Rights Journal
No abstract provided.
The Partial Republican, John O. Mcginnis
The Partial Republican, John O. Mcginnis
William & Mary Law Review
No abstract provided.
Turner Broadcasting V. Fcc: A First Amendment Challenge To Cable Television Must-Carry Rules, Marc Peritz
Turner Broadcasting V. Fcc: A First Amendment Challenge To Cable Television Must-Carry Rules, Marc Peritz
William & Mary Bill of Rights Journal
No abstract provided.
A Matter Of Opinion: Milkovich Four Years Later, Kathryn Dix Sowle
A Matter Of Opinion: Milkovich Four Years Later, Kathryn Dix Sowle
William & Mary Bill of Rights Journal
No abstract provided.
The H-Bomb And The First Amendment, Erwin Knoll
The H-Bomb And The First Amendment, Erwin Knoll
William & Mary Bill of Rights Journal
No abstract provided.
Whither The Press: The Fourth Estate And The Journalism Of Blame, Gerald G. Ashdown
Whither The Press: The Fourth Estate And The Journalism Of Blame, Gerald G. Ashdown
William & Mary Bill of Rights Journal
No abstract provided.
Is Electrocution An Unconstitutional Method Of Execution? The Engineering Of Death Over The Century, Deborah W. Denno
Is Electrocution An Unconstitutional Method Of Execution? The Engineering Of Death Over The Century, Deborah W. Denno
William & Mary Law Review
No abstract provided.
Cohen V. Cowles Media And Its Significance For First Amendment Law And Journalism, Jerome A. Barron
Cohen V. Cowles Media And Its Significance For First Amendment Law And Journalism, Jerome A. Barron
William & Mary Bill of Rights Journal
No abstract provided.
"Buying Up Speech": Active Government And The Terms Of The First Amendment And Fourteenth Amendments, William T. Mayton
"Buying Up Speech": Active Government And The Terms Of The First Amendment And Fourteenth Amendments, William T. Mayton
William & Mary Bill of Rights Journal
No abstract provided.
Through The Looking Glass: What Abortion Teaches Us About American Politics, Neal Devins
Through The Looking Glass: What Abortion Teaches Us About American Politics, Neal Devins
Faculty Publications
No abstract provided.
Rediscovering Nonjusticiability: Judicial Review Of Impeachments After Nixon, Michael J. Gerhardt
Rediscovering Nonjusticiability: Judicial Review Of Impeachments After Nixon, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades
Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades
Faculty Publications
Viewing the Takings Clause of the Fifth Amendment as a form of insurance appeals to our intuition. The government, like fire, does not often "take" property, but when faced with extraordinary risk property owners naturally desire compensation. Recent scholarship, however, has dissolved the attractiveness of this perspective. This literature, through economic analysis, claims that the Takings Clause should be repealed and replaced with private takings insurance. This is the "no-compensation" result. This article argues that the insurance-based understanding of the just compensation requirement can be preserved without reaching the surprising no-compensation result. The intuitive appeal of understanding the Takings Clause …
The Second Amendment And The Personal Right To Arms, William W. Van Alstyne
The Second Amendment And The Personal Right To Arms, William W. Van Alstyne
Faculty Publications
For many years, the Second Amendment was politely ignored, or summarily dismissed, by America's legal academy. In recent years, however, more and more law professors have begun taking the Second Amendment seriously. Professor William Van Alstyne, one of the nation's most respected Constitutional law professors, and the author of a leading Constitutional law casebook; offers his contribution in this essay. Van Alstyne suggests that the Second Amendment means exactly what it says: that individual citizens have a right, not merely a privilege, to own and carry firearms. He also commends the National Rifle Association for its constructive role as a …
Unitariness And Independence: Solicitor General Control Over Independent Agency Litigation, Neal Devins
Unitariness And Independence: Solicitor General Control Over Independent Agency Litigation, Neal Devins
Faculty Publications
With a few exceptions, the Solicitor General controls all aspects of independent agency litigation before the Supreme Court. Solicitor General control of Supreme Court litigation creates a tension between independent agency freedom and the Solicitor General's authority. On the one hand, Solicitor General control provides the United States with a unitary voice before the Supreme Court, and provides the Court with a trustworthy litigator to explicate the government's position. On the other hand, such control may undermine the autonomy of independent agency decision making. In this Article, the author argues for a hybrid model of independent agency litigation in the …
A Tale Of Two Textualists: A Critical Comparison Of Justices Black And Scalia, Michael J. Gerhardt
A Tale Of Two Textualists: A Critical Comparison Of Justices Black And Scalia, Michael J. Gerhardt
Faculty Publications
No abstract provided.