Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 19 of 19
Full-Text Articles in Law
The President And Individual Rights, Mark Tushnet
The President And Individual Rights, Mark Tushnet
William & Mary Bill of Rights Journal
No abstract provided.
Destructive Federal Decentralization, David Fontana
Destructive Federal Decentralization, David Fontana
William & Mary Bill of Rights Journal
This Article—written for a symposium hosted by the William & Mary Bill of Rights Journal—focuses on the efforts by the Trump administration to relocate federal officials outside of Washington to reduce the capacity of the federal government. Federalism and the separation of powers are usually the twin pillars of structural constitutional law. Locating federal officials outside of Washington— federal decentralization—has been an additional tool of diffusing power that has started to gain some scholarly attention. These debates largely focus on structural constitutional law as constructive—as improving the capacity and operation of the federal and state governments. The power …
Who Constrains Presidential Exercise Of Delegated Powers?, Rebecca L. Brown
Who Constrains Presidential Exercise Of Delegated Powers?, Rebecca L. Brown
William & Mary Bill of Rights Journal
Building on the work of administrative law scholars who have identified and illuminated the several components of the problem over the years, this Article will seek to show what has happened when a cluster of separate circumstances have come together to create a new and serious threat to individual liberty when the President exercises expansive delegated authority. Several doctrinal components lead to this confluence: First, the moribund “intelligible principle” test has evolved to provide little or no constraint on this or any other delegation. Second, a delegation to the President, specifically, is not subject to the procedural requirements of the …
How To Make Sense Of Supreme Court Standing Cases – A Plea For The Right Kind Of Realism, Richard H. Fallon Jr.
How To Make Sense Of Supreme Court Standing Cases – A Plea For The Right Kind Of Realism, Richard H. Fallon Jr.
William & Mary Bill of Rights Journal
No abstract provided.
Does The Supreme Court Ignore Standing Problems To Reach The Merits? Evidence (Or Lack Thereof) From The Roberts Court, Heather Elliott
Does The Supreme Court Ignore Standing Problems To Reach The Merits? Evidence (Or Lack Thereof) From The Roberts Court, Heather Elliott
William & Mary Bill of Rights Journal
No abstract provided.
Standing And The Role Of Federal Courts: Triple Error Decisions In Clapper V. Amnesty International Usa And City Of Los Angeles V. Lyons, Vicki C. Jackson
Standing And The Role Of Federal Courts: Triple Error Decisions In Clapper V. Amnesty International Usa And City Of Los Angeles V. Lyons, Vicki C. Jackson
William & Mary Bill of Rights Journal
No abstract provided.
Governmental Sovereignty Actions, Ann Woolhandler
Governmental Sovereignty Actions, Ann Woolhandler
William & Mary Bill of Rights Journal
No abstract provided.
An Unusual Separation Of Power Episode: Samantar V. Yousuf And The Need For The Executive Branch To Assert Control Over Foreign Official Sovereign Immunity Determinations, Laura Manns
William & Mary Bill of Rights Journal
No abstract provided.
Constitutional Solipsism: Toward A Thick Doctrine Of Article Iii Duty; Or Why The Federal Circuits' Nonprecedential Status Rules Are (Profoundly) Unconstitutional, Penelope Pether
William & Mary Bill of Rights Journal
No abstract provided.
Congressional Criminality And Balance Of Powers: Are Internal Filter Teams Really What Our Forefathers Envisioned?, Emily E. Eineman
Congressional Criminality And Balance Of Powers: Are Internal Filter Teams Really What Our Forefathers Envisioned?, Emily E. Eineman
William & Mary Bill of Rights Journal
No abstract provided.
Signing Statements And Divided Government, Neal Devins
Signing Statements And Divided Government, Neal Devins
William & Mary Bill of Rights Journal
No abstract provided.
Second Class Citizen Soldiers: A Proposal For Greater First Amendment Protections For America's Military Personnel, Emily Reuter
Second Class Citizen Soldiers: A Proposal For Greater First Amendment Protections For America's Military Personnel, Emily Reuter
William & Mary Bill of Rights Journal
No abstract provided.
The On/Off Switch, Philip Heymann
The On/Off Switch, Philip Heymann
William & Mary Bill of Rights Journal
No abstract provided.
Presidential Signing Statements In Perspective, Nelson Lund
Presidential Signing Statements In Perspective, Nelson Lund
William & Mary Bill of Rights Journal
No abstract provided.
Presidential Signing Statements And The Rule Of Law As An "Unstructured Institution", Peter M. Shane
Presidential Signing Statements And The Rule Of Law As An "Unstructured Institution", Peter M. Shane
William & Mary Bill of Rights Journal
No abstract provided.
Litigating Presidential Signing Statements, Michele Estrin Gilman
Litigating Presidential Signing Statements, Michele Estrin Gilman
William & Mary Bill of Rights Journal
No abstract provided.
Signing Statements As Declaratory Judgments: The President As Judge, Phillip J. Cooper
Signing Statements As Declaratory Judgments: The President As Judge, Phillip J. Cooper
William & Mary Bill of Rights Journal
No abstract provided.
The "Benefits" Of Non-Delegation: Using The Non-Delegation Doctrine To Bring More Rigor To Benefit-Cost Analysis, Victor B. Flatt
The "Benefits" Of Non-Delegation: Using The Non-Delegation Doctrine To Bring More Rigor To Benefit-Cost Analysis, Victor B. Flatt
William & Mary Bill of Rights Journal
No abstract provided.
Religious Land Use And Institutionalized Persons Act Of 2000: The Land Use Provisions Are Both Unconstitutional And Unnecessary, Ada-Marie Walsh
Religious Land Use And Institutionalized Persons Act Of 2000: The Land Use Provisions Are Both Unconstitutional And Unnecessary, Ada-Marie Walsh
William & Mary Bill of Rights Journal
The Religious Land Use and Institutionalized Persons Act of 2000 was Congress 'response to the Supreme Court's striking down of the Religious Freedom Restoration Act in City of Boerne v. Flores. In promulgating the Religious Land Use and Institutionalized Persons Act, Congress, inter alia, sought to protect the free exercise of religion from excessive governmental meddling while remedying discrimination suffered by religious individuals and groups in the area of land use. In dealing solely with land use provisions of the RLUIPA, the author argues that the Religious Land Use and lnstitutionalized Person Act is unconstitutional because it violates the Establishment …