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Articles 1 - 10 of 10
Full-Text Articles in Law
Dumbo's Feather: An Examination And Critque Of The Supreme Court's Use, Misuse, And Abuse Of Tradition In Protecting Fundamental Rights, Ronald J. Krotoszynski Jr.
Dumbo's Feather: An Examination And Critque Of The Supreme Court's Use, Misuse, And Abuse Of Tradition In Protecting Fundamental Rights, Ronald J. Krotoszynski Jr.
William & Mary Law Review
The Justices of the Supreme Court have a great deal in common with the gifted pachyderm from the Walt Disney animated classic feature Dumbo. Like Dumbo's "magic" feather that purportedly enabled him to exercise his natural ability to fly, the tradition limitation on the Court's jurisprudence on unenumerated fundamental constitutional rights provides a more-apparent-than real constraint on the Court's almost unlimited ability to nullify legislative and executive action. In all too many substantive due process cases, reason seems to follow a predetermined result, rather than the result in the case following from the applicable governing principles. In this Article, Professor …
How To Survive A Terrorist Attack: The Constitution's Majority Quorum Requirement And The Continuity Of Congress, John Bryan Williams
How To Survive A Terrorist Attack: The Constitution's Majority Quorum Requirement And The Continuity Of Congress, John Bryan Williams
William & Mary Law Review
Since their realization that United Airlines Flight 93 was headed toward the U.S. Capitol on the morning of September 11, 2001, legislators and policymakers have been debating how the legislative branch would continue functioning in the aftermath of a terrorist attack that killed or incapacitated large numbers of sehators or representatives. This Article reviews the current House and Senate "Continuity of Congress"plans, and argues they are both practically and constitutionally inadequate. Focusing particularly on the Constitution's majority quorum requirement in Article I, Section Five, Clause One, this Article argues that a House or Senate operating in accordance with the current …
Corporate Speech, Securities Regulation, And An Institutional Approach To The First Amendment, Michael R. Siebecker
Corporate Speech, Securities Regulation, And An Institutional Approach To The First Amendment, Michael R. Siebecker
William & Mary Law Review
Does the First Amendment shield politically tinged corporate speech from the compelled disclosure and reporting requirements embedded in the U.S. securities laws? The question arises in the securities regulation context because of an impending jurisprudential train wreck between the Supreme Court's commercial speech doctrine and its approach to corporate political speech. As corporations begin mixing commercial messages with political commentary, First Amendment jurisprudence simply provides insufficient guidance on the role government should play in regulating that speech. Although First Amendment jurisprudence generally counsels against governmental restrictions on corporate political speech without regard to the truth or falsity of the message, …
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 …
Protecting Our Children And The Constitution: An Analysis Of The "Virtual" Child Pornography Provisions Of The Protect Act Of 2003, James Nicholas Kornegay
Protecting Our Children And The Constitution: An Analysis Of The "Virtual" Child Pornography Provisions Of The Protect Act Of 2003, James Nicholas Kornegay
William & Mary Law Review
No abstract provided.
"Tucker's Rule": St. George Tucker And The Limited Construction Of Federal Power, Kurt T. Lash
"Tucker's Rule": St. George Tucker And The Limited Construction Of Federal Power, Kurt T. Lash
William & Mary Law Review
No abstract provided.
St. George Tucker And The Limits Of States' Rights Constitutionalism: Understanding The Federal Compact In The Early Republic, David Thomas Konig
St. George Tucker And The Limits Of States' Rights Constitutionalism: Understanding The Federal Compact In The Early Republic, David Thomas Konig
William & Mary Law Review
No abstract provided.
Transforming Society Through Law: St. George Tucker, Women's Property Rights And An Active Republican Judiciary, Mark Douglas Mcgarvie
Transforming Society Through Law: St. George Tucker, Women's Property Rights And An Active Republican Judiciary, Mark Douglas Mcgarvie
William & Mary Law Review
No abstract provided.
St. George Tucker And The Legacy Of Slavery, Michael Kent Curtis
St. George Tucker And The Legacy Of Slavery, Michael Kent Curtis
William & Mary Law Review
No abstract provided.
The Dragon St. George Could Not Slay: Tucker's Plan To End Slavery, Paul Finkelman
The Dragon St. George Could Not Slay: Tucker's Plan To End Slavery, Paul Finkelman
William & Mary Law Review
No abstract provided.