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William & Mary Law School

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Full-Text Articles in Law

The Senate: Out Of Order?, Aaron-Andrew P. Bruhl May 2011

The Senate: Out Of Order?, Aaron-Andrew P. Bruhl

Faculty Publications

Due to the routine use of the filibuster and related devices, today’s Senate operates as a supermajoritarian body. This Symposium Article considers whether this supermajoritarian aspect of the Senate renders it dysfunctional and, if so, what can be done about it. I contend that the Senate is indeed broken. Its current supermajoritarian features have pernicious effects. Further, and contrary to the claims of many of the Senate’s defenders, this aspect of the Senate is not part of the original design. I go on to explain why the Senate’s procedures, despite their deficiencies, have nonetheless proven resistant to reform. The impediment …


The Constitutionality Of The Filibuster, Michael J. Gerhardt Jul 2004

The Constitutionality Of The Filibuster, Michael J. Gerhardt

Faculty Publications

No abstract provided.


The Radical Possibility Of Limited Community-Based Interpretation Of The Constitution, Mark D. Rosen Feb 2002

The Radical Possibility Of Limited Community-Based Interpretation Of The Constitution, Mark D. Rosen

William & Mary Law Review

No abstract provided.


Crimes Against Autonomy: Gerald Dworkin On The Enforcement Of Morality, Lawrence C. Becker Mar 1999

Crimes Against Autonomy: Gerald Dworkin On The Enforcement Of Morality, Lawrence C. Becker

William & Mary Law Review

No abstract provided.


On Difference And Equality, Cynthia V. Ward Jan 1997

On Difference And Equality, Cynthia V. Ward

Faculty Publications

No abstract provided.


Elements Of Liberal Equality: Introduction To Kirp, Hochschild, And Strauss, Lawrence C. Becker Oct 1992

Elements Of Liberal Equality: Introduction To Kirp, Hochschild, And Strauss, Lawrence C. Becker

William & Mary Law Review

No abstract provided.


The Left, The Right, And Certainty In Constitutional Law, Gene R. Nichol May 1992

The Left, The Right, And Certainty In Constitutional Law, Gene R. Nichol

William & Mary Law Review

No abstract provided.