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Articles 1 - 27 of 27

Full-Text Articles in Law

A Law Student In The Supreme Court: United States V. Drayton And The Future Of Consent Search Analysis, Dennis J. Callahan Dec 2004

A Law Student In The Supreme Court: United States V. Drayton And The Future Of Consent Search Analysis, Dennis J. Callahan

William & Mary Bill of Rights Journal

No abstract provided.


Righteous Shooting, Unreasonable Seizure? The Relevance Of An Officer's Pre-Seizure Conduct In An Excessive Force Claim, Aaron Kimber Dec 2004

Righteous Shooting, Unreasonable Seizure? The Relevance Of An Officer's Pre-Seizure Conduct In An Excessive Force Claim, Aaron Kimber

William & Mary Bill of Rights Journal

No abstract provided.


Not So Landmark After All? Lawrence V. Texas: Classical Liberalism And Due Process Jurisprudence, Davin J. Hall Dec 2004

Not So Landmark After All? Lawrence V. Texas: Classical Liberalism And Due Process Jurisprudence, Davin J. Hall

William & Mary Bill of Rights Journal

No abstract provided.


Collateral Damage: The Endangered Center In American Politics, Samuel Issacharoff Nov 2004

Collateral Damage: The Endangered Center In American Politics, Samuel Issacharoff

William & Mary Law Review

No abstract provided.


Section 6: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School Oct 2004

Section 6: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Statehood As The New Personhood: The Discovery Of Fundamental "States' Rights", Timothy Zick Oct 2004

Statehood As The New Personhood: The Discovery Of Fundamental "States' Rights", Timothy Zick

William & Mary Law Review

No abstract provided.


Beyond Gay Rights: Lawrence V. Texas And The Promise Of Liberty, Philip Chapman Oct 2004

Beyond Gay Rights: Lawrence V. Texas And The Promise Of Liberty, Philip Chapman

William & Mary Bill of Rights Journal

No abstract provided.


The Panda's Thumb: The Modest And Mercantilist Original Meaning Of The Commerce Clause, Calvin H. Johnson Oct 2004

The Panda's Thumb: The Modest And Mercantilist Original Meaning Of The Commerce Clause, Calvin H. Johnson

William & Mary Bill of Rights Journal

No abstract provided.


The Judicial Safeguards Of Federalism, Neal Devins Oct 2004

The Judicial Safeguards Of Federalism, Neal Devins

Faculty Publications

No abstract provided.


Constitutional Theory In A Nutshell, Thomas E. Baker Oct 2004

Constitutional Theory In A Nutshell, Thomas E. Baker

William & Mary Bill of Rights Journal

No abstract provided.


Challenging The Wisdom Of Solomon: The First Amendment And Military Recruitment On Campus, Clay Calvert, Robert D. Richards Oct 2004

Challenging The Wisdom Of Solomon: The First Amendment And Military Recruitment On Campus, Clay Calvert, Robert D. Richards

William & Mary Bill of Rights Journal

No abstract provided.


The Peculiar Federal Marriage Amendment, Scott Dodson Oct 2004

The Peculiar Federal Marriage Amendment, Scott Dodson

Faculty Publications

In this essay, I discuss the Constitution's commitment to three themes - state power over familial matters, individual liberty, and equality - and then demonstrate how the proposed Federal Marriage Amendment is uniquely contrary to all three. I do not intend to go so far as to suggest that the FMA would be an unconstitutional amendment, if such things are possible, nor do I mean to suggest that same-sex marriage is or should be affirmatively protected by the Constitution. I mean only to suggest that proposed amendments altering the Constitution's commitment to multiple existing themes in the Constitution should be …


Regulatory Takings And The Original Understanding Of The Takings Clause, Matthew P. Harrington Apr 2004

Regulatory Takings And The Original Understanding Of The Takings Clause, Matthew P. Harrington

William & Mary Law Review

No abstract provided.


The Futile Quest For Racial Neutrality In Capital Selection And The Eight Amendment Argument For Abolition Based On Unconscious Racial Discrimination, Scott W. Howe Apr 2004

The Futile Quest For Racial Neutrality In Capital Selection And The Eight Amendment Argument For Abolition Based On Unconscious Racial Discrimination, Scott W. Howe

William & Mary Law Review

No abstract provided.


Cross Burning, Cockfighting, And Symbolic Meaning: Toward A First Amendment Ethnography, Timothy Zick Apr 2004

Cross Burning, Cockfighting, And Symbolic Meaning: Toward A First Amendment Ethnography, Timothy Zick

William & Mary Law Review

No abstract provided.


Did The Government Finally Get It Right? An Analysis Of The Former Ins, The Office Of Refugee Resettlement And Unaccompanied Minor Aliens' Due Process Rights, Jessica G. Taverna Apr 2004

Did The Government Finally Get It Right? An Analysis Of The Former Ins, The Office Of Refugee Resettlement And Unaccompanied Minor Aliens' Due Process Rights, Jessica G. Taverna

William & Mary Bill of Rights Journal

No abstract provided.


"Power Over This Unfortunate Race": Race, Politics And Indian Law In United States V. Rogers, Bethany R. Berger Apr 2004

"Power Over This Unfortunate Race": Race, Politics And Indian Law In United States V. Rogers, Bethany R. Berger

William & Mary Law Review

"[F]rom the very moment the general government came into existence to this time, it has exercised its power over this unfortunate race in the spirit of humanity and justice, and has endeavoured by every means in its power to enlighten their minds and increase their comforts, and to save them if possible from the consequences of their own vices."

In 1846, in United States v. Rogers, the Supreme Court blithely announced the above vision of the history of Indian-United States relations. The first part of the quote describes Indian people as a race and an inferior one; the second part …


Connecting The Dots: Grutter, School Desegregation, And Federalism, Wendy Parker Mar 2004

Connecting The Dots: Grutter, School Desegregation, And Federalism, Wendy Parker

William & Mary Law Review

No abstract provided.


Introduction: Ancients, Moderns And Guns, Mark A. Graber Feb 2004

Introduction: Ancients, Moderns And Guns, Mark A. Graber

William & Mary Bill of Rights Journal

No abstract provided.


Gun Rights And The Constitutional Significance Of Violent Crime, Jonathan Simon Feb 2004

Gun Rights And The Constitutional Significance Of Violent Crime, Jonathan Simon

William & Mary Bill of Rights Journal

No abstract provided.


"Democratic Despotism" And Constitutional Constraint: An Empirical Analysis Of Ex Post Factor Claims In State Courts, Wayne A. Logan Feb 2004

"Democratic Despotism" And Constitutional Constraint: An Empirical Analysis Of Ex Post Factor Claims In State Courts, Wayne A. Logan

William & Mary Bill of Rights Journal

This Article explores the history of the Ex Post Facto Clause, including the Supreme Court's seminal 1798 decision in Calder v. Bull, and analyzes the results of a survey of ex post facto claims decided in state courts from 1992-2002, the first study to catalog the types of claims generated among the states, and the institutional response of state courts to them. The author provides an overview of the claims resolved in state courts, examining the nature of the laws challenged, how the challenges fared, and the rationales used by courts in their dispositions. Discussion focuses on two abiding sources …


Superb History, Dubious Constitutional And Political Theory: Comments On Uviller And Merkel, The Militia And The Right To Arms, Sanford Levinson Feb 2004

Superb History, Dubious Constitutional And Political Theory: Comments On Uviller And Merkel, The Militia And The Right To Arms, Sanford Levinson

William & Mary Bill of Rights Journal

No abstract provided.


The Authors' Reply To Commentaries On, And Criticisms Of The Militia And The Right To Arms, Or, How The Second Amendment Fell Silent, H. Richard Uviller, William G. Merkel Feb 2004

The Authors' Reply To Commentaries On, And Criticisms Of The Militia And The Right To Arms, Or, How The Second Amendment Fell Silent, H. Richard Uviller, William G. Merkel

William & Mary Bill of Rights Journal

No abstract provided.


Symbolic Counter-Speech, Harold M. Wasserman Feb 2004

Symbolic Counter-Speech, Harold M. Wasserman

William & Mary Bill of Rights Journal

No abstract provided.


Confidentiality And Juvenile Mental Health Records In Dependency Proceedings, David R. Katner Feb 2004

Confidentiality And Juvenile Mental Health Records In Dependency Proceedings, David R. Katner

William & Mary Bill of Rights Journal

Providing children's disclosures to their mental health therapists greater protection in juvenile dependency cases recognizes the importance of privacy in therapeutic communications. Numerous children are required by juvenile courts to divulge the most intimate details of their lives to mental health experts only to have those disclosures revealed in court proceedings. Reversing the presumption that children's mental health records may be discussed openly in dependency litigation and requiring courts to perform in camera reviews affords children the dignity and respect adults take for granted. Ensuring greater confidentiality for children's mental health records is one step the legal system should take …


What Brown Teaches Us About The Rehnquist Court's Federalism Revival, Neal Devins Jan 2004

What Brown Teaches Us About The Rehnquist Court's Federalism Revival, Neal Devins

Faculty Publications

No abstract provided.


Better Lucky Than Good, Neal Devins Jan 2004

Better Lucky Than Good, Neal Devins

Faculty Publications

No abstract provided.