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Full-Text Articles in Law
Marriage Equality's Lessons For Social Movements And Constitutional Change, William N. Eskridge Jr.
Marriage Equality's Lessons For Social Movements And Constitutional Change, William N. Eskridge Jr.
William & Mary Law Review
The marriage equality movement won its first state victory in 2003, and within a dozen years fifty states were handing out marriage licenses. The swiftness of the constitutional triumph was only possible because public opinion underwent a sea change in that period. Sexual and gender minorities achieved this remarkable turnaround once a critical mass, widely dispersed in the country, came out of their closets as committed couples (often raising children), and mainstream America found their stories more consistent with their own lives than they did a generation earlier. Other lessons of marriage equality’s success, however, are how hard it is …
Constitutional Moral Hazard And Campus Speech, Jamal Greene
Constitutional Moral Hazard And Campus Speech, Jamal Greene
William & Mary Law Review
One underappreciated cost of constitutional rights enforcement is moral hazard. In economics, moral hazard refers to the increased propensity of insured individuals to engage in costly behavior. This Essay concerns what I call “constitutional moral hazard,” defined as the use of constitutional rights (or their conspicuous absence) to shield potentially destructive behavior from moral or pragmatic assessment. What I have in mind here is not simply the risk that people will make poor decisions when they have a right to do so, but that people may, at times, make poor decisions because they have a right. Moral hazard is not …
Pro-Constitutional Representation: Comparing The Role Obligations Of Judges And Elected Representatives In Constitutional Democracy, Vicki C. Jackson
Pro-Constitutional Representation: Comparing The Role Obligations Of Judges And Elected Representatives In Constitutional Democracy, Vicki C. Jackson
William & Mary Law Review
The role of elected representatives in a constitutional democracy deserves more attention than it typically receives in law schools. Just as judges have a set of role obligations, which are widely discussed and debated, so, too, do representatives. Their obligations, however, are far less widely discussed in normative terms. Understandable reasons for this neglect exist, due to institutional differences between legislatures and courts, law schools' long-standing focus on courts, and the intensely competing demands on elected officials; but these factors do not justify the degree of silence on the normative obligations of representatives. This Essay seeks to introduce and defend …
Spandrel Or Frankenstein's Monster? The Vices And Virtues Of Retrofitting In American Law, Michael C. Dorf
Spandrel Or Frankenstein's Monster? The Vices And Virtues Of Retrofitting In American Law, Michael C. Dorf
William & Mary Law Review
No abstract provided.
Our Federalism(S), Heather K. Gerken
Interpretive Contestation And Legal Correctness, Matthew D. Adler
Interpretive Contestation And Legal Correctness, Matthew D. Adler
William & Mary Law Review
No abstract provided.
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. …
Federalism, Positive Law, And The Emergence Of The American Administrative State: Prohibition In The Taft Court Era, Robert Post
Federalism, Positive Law, And The Emergence Of The American Administrative State: Prohibition In The Taft Court Era, Robert Post
William & Mary Law Review
This Article offers a detailed analysis of major Taft Court decisions involving prohibition, including Olmstead v. United States, Carroll v. United States, United States v. Lanza, Lambert v. Yellowley, and Tumey v. Ohio. Prohibition, and the Eighteenth Amendment by which it was constitutionally entrenched, was the result of a social movement that fused progressive beliefs in efficiency with conservative beliefs in individual responsibility and self-control.
During the 1920s the Supreme Court was a strictly "bone-dry"institution that regularly sustained the administrative and law enforcement techniques deployed by the federal government in its losing effort to prevent the manufacture and sale of …
Sex, Politics, And Morality, Edward L. Rubin
Sex, Politics, And Morality, Edward L. Rubin
William & Mary Law Review
No abstract provided.
Collateral Damage: The Endangered Center In American Politics, Samuel Issacharoff
Collateral Damage: The Endangered Center In American Politics, Samuel Issacharoff
William & Mary Law Review
No abstract provided.
Establishment And Disestablishment At The Founding, Part I: Establishment Of Religion, Michael W. Mcconnell
Establishment And Disestablishment At The Founding, Part I: Establishment Of Religion, Michael W. Mcconnell
William & Mary Law Review
No abstract provided.
Easing The Spring: Strict Scrutiny And Affirmative Action After The Redistricting Cases, Pamela S. Karlan
Easing The Spring: Strict Scrutiny And Affirmative Action After The Redistricting Cases, Pamela S. Karlan
William & Mary Law Review
No abstract provided.
The Constitution In Congress: Jefferson And The West, 1801-1809, David P. Currie
The Constitution In Congress: Jefferson And The West, 1801-1809, David P. Currie
William & Mary Law Review
No abstract provided.
The Free Exercise Thereof, Stephen L. Carter
The Free Exercise Thereof, Stephen L. Carter
William & Mary Law Review
No abstract provided.
Guns, Words, And Constitutional Interpretation, L. A. Powe Jr.
Guns, Words, And Constitutional Interpretation, L. A. Powe Jr.
William & Mary Law Review
No abstract provided.
Molecular Motions: The Holmesian Judge In Theory And Practice, Thomas C. Grey
Molecular Motions: The Holmesian Judge In Theory And Practice, Thomas C. Grey
William & Mary Law Review
No abstract provided.
Property, Federalism, And Jurisprudence: A Comment On Lucas And Judicial Conservativism, Frank I. Michelman
Property, Federalism, And Jurisprudence: A Comment On Lucas And Judicial Conservativism, Frank I. Michelman
William & Mary Law Review
No abstract provided.
The Left, The Right, And Certainty In Constitutional Law, Gene R. Nichol
The Left, The Right, And Certainty In Constitutional Law, Gene R. Nichol
William & Mary Law Review
No abstract provided.
Stripped Down Like A Runner Or Enriched By Experience: Bias And Impartiality Of Judges And Jurors, Martha Minow
Stripped Down Like A Runner Or Enriched By Experience: Bias And Impartiality Of Judges And Jurors, Martha Minow
William & Mary Law Review
No abstract provided.
The Second-Best First Amendment, Frederick Schauer
The Second-Best First Amendment, Frederick Schauer
William & Mary Law Review
No abstract provided.
Citizenship, Race, And Marginality, Kenneth L. Karst
Citizenship, Race, And Marginality, Kenneth L. Karst
William & Mary Law Review
No abstract provided.
The First Amendment And The Ideal Of Civic Courage: The Brandeis Opinion In Whitney V. California, Vincent Blasi
The First Amendment And The Ideal Of Civic Courage: The Brandeis Opinion In Whitney V. California, Vincent Blasi
William & Mary Law Review
No abstract provided.
A Critique Of The "Liberal" Political-Philosophical Project, Michael J. Perry
A Critique Of The "Liberal" Political-Philosophical Project, Michael J. Perry
William & Mary Law Review
No abstract provided.
The Constitution As Compact And As Conscience: Individual Rights Abroad And At Our Gates, Louis Henkin
The Constitution As Compact And As Conscience: Individual Rights Abroad And At Our Gates, Louis Henkin
William & Mary Law Review
No abstract provided.
The Constitutional Organization Of The Government, Gerhard Casper
The Constitutional Organization Of The Government, Gerhard Casper
William & Mary Law Review
No abstract provided.
Content Regulation And The First Amendment, Geoffrey R. Stone
Content Regulation And The First Amendment, Geoffrey R. Stone
William & Mary Law Review
No abstract provided.
Constitutional Retrospect: First Series Of Cutler Lectures Revisted, William F. Swindler
Constitutional Retrospect: First Series Of Cutler Lectures Revisted, William F. Swindler
William & Mary Law Review
No abstract provided.
Silence As A Moral And Constitutional Right, R. Kent Greenawalt
Silence As A Moral And Constitutional Right, R. Kent Greenawalt
William & Mary Law Review
No abstract provided.