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Full-Text Articles in Law
The Rise Of Trump And The Death Of Civility, Keith Bybee
The Rise Of Trump And The Death Of Civility, Keith Bybee
Institute for the Study of the Judiciary, Politics, and the Media at Syracuse University
According to supporters and opponents alike, Donald Trump has been an unconventional candidate and president. In this article, I evaluate the relationship between Trump’s unconventional behavior and the requirements of civility. I provide a definition of civility, and I explain why it makes sense to relate Trump’s actions to civil norms. I then discuss how civility is enacted, I examine criticisms of civility’s triviality, and I explore the ways in which civility may repress dissent and maintain hierarchy. Although I consider the degree to which Trump’s actions are strategic, I ultimately argue that Trump’s incivilities should be understood as an …
Render Unto Caesar: How Misunderstanding A Century Of Free Exercise Jurisprudence Forged And Then Fractured The Rfra Coalition, John S. Blattner
Render Unto Caesar: How Misunderstanding A Century Of Free Exercise Jurisprudence Forged And Then Fractured The Rfra Coalition, John S. Blattner
CMC Senior Theses
This thesis provides a comprehensive history of Supreme Court Free Exercise Clause jurisprudence from 1879 until the present day. It describes how a jurisdictional approach to free exercise dominated the Court’s rulings from its first Free Exercise Clause case in 1879 until Sherbert v. Verner in 1963, and how Sherbert introduced an accommodationist precedent which was ineffectively, incompletely, and inconsistently defined by the Court. This thesis shows how proponents of accommodationism furthered a false narrative overstating the scope and consistency of Sherbert’s precedent following the Court’s repudiation of accommodationism and return to full jurisdictionalism with Employment Division v. Smith …
The Right To Vote: Is The Amendment Game Worth The Candle?, Heather K. Gerken
The Right To Vote: Is The Amendment Game Worth The Candle?, Heather K. Gerken
William & Mary Bill of Rights Journal
No abstract provided.
Theories Of Representation: For The District Of Columbia, Only Statehood Will Do, Mary M. Cheh
Theories Of Representation: For The District Of Columbia, Only Statehood Will Do, Mary M. Cheh
William & Mary Bill of Rights Journal
No abstract provided.
Three Questions For The "Right To Vote" Amendment, Richard Briffault
Three Questions For The "Right To Vote" Amendment, Richard Briffault
William & Mary Bill of Rights Journal
No abstract provided.
Welcome To New Columbia: The Fiscal, Economic And Political Consequences Of Statehood For D.C., David Schleicher
Welcome To New Columbia: The Fiscal, Economic And Political Consequences Of Statehood For D.C., David Schleicher
William & Mary Bill of Rights Journal
No abstract provided.
"…Chosen By The People Of The Several States…": Statehood For The District Of Columbia, Larry Mirel, Joe Sternlieb
"…Chosen By The People Of The Several States…": Statehood For The District Of Columbia, Larry Mirel, Joe Sternlieb
William & Mary Bill of Rights Journal
No abstract provided.
Democratic Capital: A Voting Rights Surge In Washington Could Strengthen The Constitution For Everyone, Jamin Raskin
Democratic Capital: A Voting Rights Surge In Washington Could Strengthen The Constitution For Everyone, Jamin Raskin
William & Mary Bill of Rights Journal
No abstract provided.
"Eighteen Million Cracks": Gender's Role In The 2008 Presidential Campaign, Gregory S. Parks, Quinette M. Roberson
"Eighteen Million Cracks": Gender's Role In The 2008 Presidential Campaign, Gregory S. Parks, Quinette M. Roberson
William & Mary Journal of Race, Gender, and Social Justice
In light of the 2008 presidential campaign, Gregory S. Parks
and Jeffrey J. Rachlinski wrote an extensive analysis, titled A Better
Metric, likening the campaign to an interview process and hiring
decision for a high-ranking job. Though unpublished, their work
spawned a number of published articles, book chapters, and a book
on the role of unconscious race and gender bias in the evaluations of
President Barack Obama, First Lady Michelle Obama, and Secretary
of State Hillary Clinton. In light of the analogy between voting and
hiring decisions, this article argues that questions about sexism and
gender bias along the campaign …
The More Things Change, The More They Stay The Same, Neal Devins
The More Things Change, The More They Stay The Same, Neal Devins
Faculty Publications
No abstract provided.
Politique Partisane Et Indépendence Judiciare, Neal Devins
Politique Partisane Et Indépendence Judiciare, Neal Devins
Faculty Publications
No abstract provided.
Norm Theory And The Future Of The Federal Appointments Process, Michael J. Gerhardt
Norm Theory And The Future Of The Federal Appointments Process, Michael J. Gerhardt
Faculty Publications
No abstract provided.
A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne
A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne
Faculty Publications
No abstract provided.