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Full-Text Articles in Law

The Theory And Practice Of Contestatory Federalism, James A. Gardner Nov 2018

The Theory And Practice Of Contestatory Federalism, James A. Gardner

William & Mary Law Review

Madisonian theory holds that a federal division of power is necessary to the protection of liberty, but that federalism is a naturally unstable form of government organization that is in constant danger of collapsing into either unitarism or fragmentation. Despite its inherent instability, this condition may be permanently maintained, according to Madison, through a constitutional design that keeps the system in equipoise by institutionalizing a form of perpetual contestation between national and subnational governments. The theory, however, does not specify how that contestation actually occurs, and by what means.

This paper investigates Madison’s hypothesis by documenting the methods actually deployed …


I'Ll Make You A Deal: How Repeat Informants Are Corrupting The Criminal Justice System And What To Do About It, Emily Jane Dodds Dec 2008

I'Ll Make You A Deal: How Repeat Informants Are Corrupting The Criminal Justice System And What To Do About It, Emily Jane Dodds

William & Mary Law Review

No abstract provided.


A Strategy For Mercy, Robert L. Misner Apr 2000

A Strategy For Mercy, Robert L. Misner

William & Mary Law Review

No abstract provided.


The Dead End Of Deterrence, And Beyond, Kyron Huigens Mar 2000

The Dead End Of Deterrence, And Beyond, Kyron Huigens

William & Mary Law Review

No abstract provided.


A Constitutional Charge And A Comparative Vision To Substantially Expand And Subject Matter Specialize The Federal Judiciary: A Preliminary Blueprint For Remodeling Our National Houses Of Justice And Establishing A Separate System Of Federal Criminal Courts, Victor Williams Feb 1996

A Constitutional Charge And A Comparative Vision To Substantially Expand And Subject Matter Specialize The Federal Judiciary: A Preliminary Blueprint For Remodeling Our National Houses Of Justice And Establishing A Separate System Of Federal Criminal Courts, Victor Williams

William & Mary Law Review

No abstract provided.


Silence As A Moral And Constitutional Right, R. Kent Greenawalt Oct 1981

Silence As A Moral And Constitutional Right, R. Kent Greenawalt

William & Mary Law Review

No abstract provided.