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Articles 1 - 30 of 36
Full-Text Articles in Law
The Common Law Genius Of The Warren Court, David A. Strauss
The Common Law Genius Of The Warren Court, David A. Strauss
William & Mary Law Review
The Warren Court's most important decisions-on school segregation, reapportionment, free speech, and criminal procedure are firmly entrenched in the law. But the idea persists, even among those who are sympathetic to the results that the Warren Court reached, that what the Warren Court was doing was somehow not really law: that the Warren Court "made it up," and that the important Warren Court decisions cannot be justified by reference to conventional legal materials. It is true that the Warren Court's most important decisions cannot be easily justified on the basis of the text of the Constitution or the original understandings. …
Sense-Enhanced Searches And The Irrelevance Of The Fourth Amendment, David E. Steinberg
Sense-Enhanced Searches And The Irrelevance Of The Fourth Amendment, David E. Steinberg
William & Mary Bill of Rights Journal
No abstract provided.
Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps
Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps
William & Mary Bill of Rights Journal
A sophisticated reading of the legislative record of the framing of the Fourteenth Amendment can provide courts and scholars with some general interpretive principles to guide their application of the Amendment to current legal problems. The author argues that two common legal conceptions about the Amendment are, in fact, misconceptions. The first is that the Amendment was chiefly concerned with the immediate situation of freed slaves in the former slave states. Instead, he argues, the legislative record suggests that the framers were broadly concerned with the rights not only of freed slaves but also of foreign-born immigrants in the North …
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.
Garcetti V. Ceballos: Stifling The First Amendment In The Public Workplace, Julie A. Wenell
Garcetti V. Ceballos: Stifling The First Amendment In The Public Workplace, Julie A. Wenell
William & Mary Bill of Rights Journal
No abstract provided.
Keep Out Of Myspace!: Protecting Students From Unconstitutional Suspensions And Expulsions, Christi Cassel
Keep Out Of Myspace!: Protecting Students From Unconstitutional Suspensions And Expulsions, Christi Cassel
William & Mary Law Review
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.
Why The President Must Veto Unconstitutional Bills, Saikrishna B. Prakash
Why The President Must Veto Unconstitutional Bills, Saikrishna B. Prakash
William & Mary Bill of Rights Journal
No abstract provided.
The Unconstitutionality Of "Signing And Not-Enforcing", Michael B. Rappaport
The Unconstitutionality Of "Signing And Not-Enforcing", Michael B. Rappaport
William & Mary Bill of Rights Journal
No abstract provided.
The Presidential Signing Statements Controversy, Ronald A. Cass, Peter L. Strauss
The Presidential Signing Statements Controversy, Ronald A. Cass, Peter L. Strauss
William & Mary Bill of Rights Journal
No abstract provided.
Introduction: The Last Word? The Constitutional Implications Of Presidential Signing Statements, Charlie Savage
Introduction: The Last Word? The Constitutional Implications Of Presidential Signing Statements, Charlie Savage
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.
Signing Statements: Constitutional And Practical Limits, Louis Fisher
Signing Statements: Constitutional And Practical Limits, Louis Fisher
William & Mary Bill of Rights Journal
No abstract provided.
Fee Shifting As A Congressional Response To Adventurous Presidential Signing Statements, Harold J. Krent
Fee Shifting As A Congressional Response To Adventurous Presidential Signing Statements, Harold J. Krent
William & Mary Bill of Rights Journal
No abstract provided.
The First Word, M. Elizabeth Magill
The First Word, M. Elizabeth Magill
William & Mary Bill of Rights Journal
No abstract provided.
Presidential Signing Statements And Congressional Oversight, A. Christopher Bryant
Presidential Signing Statements And Congressional Oversight, A. Christopher Bryant
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.
A Matter Of Direction: The Reagan Administration, The Signing Statement, And The 1986 Westlaw Decision, Christopher S. Kelley
A Matter Of Direction: The Reagan Administration, The Signing Statement, And The 1986 Westlaw Decision, Christopher S. Kelley
William & Mary Bill of Rights Journal
No abstract provided.
Signing Statements And Statutory Interpretation In The Bush Administration, Neil Kinkopf
Signing Statements And Statutory Interpretation In The Bush Administration, Neil Kinkopf
William & Mary Bill of Rights Journal
No abstract provided.
Getting To Plan B: A History Of Contraceptive Rights In The United States And An Argument For A Private Right Of Action Against The Fda, Michele Slachetka
Getting To Plan B: A History Of Contraceptive Rights In The United States And An Argument For A Private Right Of Action Against The Fda, Michele Slachetka
William & Mary Bill of Rights Journal
No abstract provided.
Law's Limited Domain Confronts Morality's Universal Empire, Larry Alexander, Frederick Schauer
Law's Limited Domain Confronts Morality's Universal Empire, Larry Alexander, Frederick Schauer
William & Mary Law Review
No abstract provided.
If At First You Don't Succeed, Sign An Executive Order: President Bush And The Expansion Of Charitable Choice, Michele Estrin Gilman
If At First You Don't Succeed, Sign An Executive Order: President Bush And The Expansion Of Charitable Choice, Michele Estrin Gilman
William & Mary Bill of Rights Journal
This Article analyzes whether President Bush's charitable choice executive orders, which permit religious organizations to apply for federal funds to deliver social services, are a permissible exercise of presidential power. Although Congress has enacted charitable choice provisions in some major statutes, including a 1996 welfare reform act, it debated but did not extend charitable choice throughout the entire federal human services bureaucracy, as the President's executive orders do. The core question this Article examines is whether President Bush's charitable choice executive orders constitute permissible gap-filling of ambiguous statutes under the Chevron doctrine or impermissible exercises of executive lawmaking under Youngstown …
Introductory Remarks: The Relationship Of Law And Morality In Repect To Constitutional Law, William W. Van Alstyne
Introductory Remarks: The Relationship Of Law And Morality In Repect To Constitutional Law, William W. Van Alstyne
William & Mary Law Review
No abstract provided.
A Well-Regulated Militia: The Founding Fathers And The Origin Of Gun Control In America, David T. Hardy
A Well-Regulated Militia: The Founding Fathers And The Origin Of Gun Control In America, David T. Hardy
William & Mary Bill of Rights Journal
No abstract provided.
Public Employee Speech Rights Fall Prey To An Emerging Doctrinal Formalism, Charles W. "Rocky" Rhodes
Public Employee Speech Rights Fall Prey To An Emerging Doctrinal Formalism, Charles W. "Rocky" Rhodes
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.