Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Akhil Reed Amar (4)
- Book Reviews (4)
- Civil Rights (4)
- United States Constitutional Amendments (4)
- Constitutional Amendments (3)
-
- Freedom of Speech (2)
- Government Liability (2)
- Abortion (1)
- Agricultural Industry (1)
- Bruce Watson (1)
- Capital Punishment (1)
- Conflict of Laws (1)
- Constitutional History (1)
- Diversity Jurisdiction (1)
- E-Commerce (1)
- Eminent Domain (1)
- Federalism (1)
- Internet Services (1)
- Jonathan Zittrain (1)
- Jurisdiction (1)
- Justice (1)
- Libel and Slander (1)
- Marine Salvage (1)
- Pornography (1)
- Religious Right (1)
- Shipwrecks (1)
- United States Constitution 11th Amendment (1)
Articles 1 - 10 of 10
Full-Text Articles in Law
The Founders Go On-Line: An Original Intent Solution To A Jurisdictional Dilemma, Christine G. Heslinga
The Founders Go On-Line: An Original Intent Solution To A Jurisdictional Dilemma, Christine G. Heslinga
William & Mary Bill of Rights Journal
The Internet has created a blossoming cyber-economy and a new way of conducting business. Unfortunately for those looking for jurisdictional certainty, however, cyberspace also effectively eliminates geographic boundaries. The unprecedented circumstances set by this new frontier have put federal courts in the unenviable position of deciding whether Internet-based cases meet diversity jurisdiction requirements. Examining the constitutional history and recent use of diversity, this Note argues that the Founders did not foresee an era where every contract or sales case would end up in federal court; rather, they intended diversity jurisdiction to be a rare and perhaps temporary proposition. The author …
Everyone Benefits, Everyone Pays: Does The Fifth Amendment Mandate Compensation When Property Is Damaged During The Course Of Police Activities?, C. Wayne Owen Jr.
Everyone Benefits, Everyone Pays: Does The Fifth Amendment Mandate Compensation When Property Is Damaged During The Course Of Police Activities?, C. Wayne Owen Jr.
William & Mary Bill of Rights Journal
The Fifth Amendment of the United States Constitution, along with similar provisions in state constitutions, forbids the taking of private property by the government for a public use without just compensation. Despite this protection, many courts have denied takings claims made by innocent third party landowners when police officers caused damage to their property during the course of executing their official duties. These courts held that the damage was not for a "public use" in the narrow sense, and have refused to analyze the claims under takings jurisprudence. This narrow view of "public use" ignores the fact that society as …
Abortion, Capital Punishment, And The Politics Of "God's" Will, Kimberly J. Cook
Abortion, Capital Punishment, And The Politics Of "God's" Will, Kimberly J. Cook
William & Mary Bill of Rights Journal
In her paper, Professor Kimberly J. Cook uses statistics to illustrate the role the Christian Right plays in the public discourse over two issues permeated with religious overtones: abortion and the death penalty. She shows how the Christian Right's approach to these issues is based on an ideological notion of 'Justice " that is primarily focused on vengeance and punishment, to the exclusion of forgiveness. Professor Cook's exploration of the modern roots of this ideology leads to a movement dating from the 1960s known as Christian Reconstructionism, which advocates using state action to enforce its unique interpretation of "God's Will." …
Student Division Symposium Sponsored By The Institute Of The Bill Of Rights Law: Policing Obscenity And Pornography In An Online World, Ann Beeson, Deirdre Mulligan, Bruce Taylor, Bruce Watson, Jonathan Zittrain
Student Division Symposium Sponsored By The Institute Of The Bill Of Rights Law: Policing Obscenity And Pornography In An Online World, Ann Beeson, Deirdre Mulligan, Bruce Taylor, Bruce Watson, Jonathan Zittrain
William & Mary Bill of Rights Journal
No abstract provided.
Two Degrees Of Speech Protection: Free Speech Through The Prism Of Agricultural Disparagement Laws, Harold M. Wasserman
Two Degrees Of Speech Protection: Free Speech Through The Prism Of Agricultural Disparagement Laws, Harold M. Wasserman
William & Mary Bill of Rights Journal
In the wake of a 1989 national television broadcast reporting the alleged cancer risk of a chemical applied to apples on trees, many states passed agricultural product disparagement (APD) statutes. These statutes grant civil causes of action to the growers and sellers of perishable food products, against anyone who speaks negatively or disparagingly, without basis in scientific evidence, about the product's safety. In this Article, Howard M Wasserman explores the interplay between the APD statutes and the First Amendment. First, Mr. Wasserman discusses the three categories of restrictions on the freedom of speech, focusing primarily on private civil tort actions …
Federal Jurisdiction Over State Claims To Shipwrecks: Should The Eleventh Amendment Go Down With The Ship?, Mark R. Baumgartner
Federal Jurisdiction Over State Claims To Shipwrecks: Should The Eleventh Amendment Go Down With The Ship?, Mark R. Baumgartner
William & Mary Bill of Rights Journal
The Eleventh Amendment prohibits citizens from bringing actions in law or equity against individual states in federal courts. The Amendment does not address whether states are subject to federal jurisdiction for actions in admiralty in which both a shipwreck salvor and a state claim title to a shipwreck Analyzing applicable admiralty, federal, and common law in the context of Eleventh Amendment jurisprudence, this Note examines whether the states are subject to pure admiralty actions in federal court by citizen-salvors seeking either title to or reward for salvaging a shipwreck. The original intentions of admiralty law: rewarding salvors for their efforts, …
The Bill Of Rights: Creation And Reconstruction By Akhil Reed Amar
The Bill Of Rights: Creation And Reconstruction By Akhil Reed Amar
William & Mary Bill of Rights Journal
No abstract provided.
The Bill Of Rights, The Fourteenth Amendment, And The Seven Deadly Sins Of Legal Scholarship, Richard L. Aynes
The Bill Of Rights, The Fourteenth Amendment, And The Seven Deadly Sins Of Legal Scholarship, Richard L. Aynes
William & Mary Bill of Rights Journal
No abstract provided.
A Story For All Seasons: Akhil Reed Amar On The Bill Of Rights, Michael Kent Curtis
A Story For All Seasons: Akhil Reed Amar On The Bill Of Rights, Michael Kent Curtis
William & Mary Bill of Rights Journal
No abstract provided.
Comments On Akhil Reed Amar's The Bill Of Rights: Creation And Reconstruction, Melvin I. Urofsky
Comments On Akhil Reed Amar's The Bill Of Rights: Creation And Reconstruction, Melvin I. Urofsky
William & Mary Bill of Rights Journal
No abstract provided.