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Articles 1 - 18 of 18
Full-Text Articles in Law
A New Takings Clause? The Implications Of Cedar Point Nursery V. Hassid For Property Rights And Moratoria, Benjamin Alexander Mogren
A New Takings Clause? The Implications Of Cedar Point Nursery V. Hassid For Property Rights And Moratoria, Benjamin Alexander Mogren
William & Mary Bill of Rights Journal
In part, the Fifth Amendment to the Constitution holds that “no person . . . shall [have their] private property . . . taken for public use, without just compensation.” In Cedar Point Nursery v. Hassid, the U.S. Supreme Court ruled that “a California regulation that permits union organizers to enter the property of agricultural business to talk with employees about supporting a union is unconstitutional.” The purpose of this Note is to discuss what Cedar Point Nursery means generally for the future of Takings Clause analysis and will argue that Cedar Point Nursery should be seen as a …
The Dobbs Effect: Abortion Rights In The Rear-View Mirror And The Civil Rights Crisis That Lies Ahead, Terri Day, Danielle Weatherby
The Dobbs Effect: Abortion Rights In The Rear-View Mirror And The Civil Rights Crisis That Lies Ahead, Terri Day, Danielle Weatherby
William & Mary Law Review Online
On June 24, 2022, seven weeks after the first-ever leak of a draft opinion, the United States Supreme Court circulated its decision in Dobbs v. Jackson Women’s Health Organization, defying stare decisis, overruling fifty years of precedent, and shattering the hopes of millions of Americans, who wished the leaked opinion was a fiction that would never come to be.
As the leaked draft forewarned, Roe v. Wadeis no longer the law of the land. No longer is a woman’s right to terminate a pregnancy—to exercise bodily autonomy and be free to control the trajectory of her life—protected as a fundamental …
Religious Liberty Interest Convergence, Asma T. Uddin
Religious Liberty Interest Convergence, Asma T. Uddin
William & Mary Law Review
Americans are deeply polarized on a plethora of issues. One of the most prominent areas of polarization is religious liberty, which in recent years has increasingly pitted conservative, white Christians against a range of marginalized minorities, particularly Muslims. The divide threatens Muslims’ rights and the vitality of religious liberty more broadly. This Article assesses the extent to which self-interest— especially the self-interest of the conservative Justices of the Supreme Court—can help depolarize religious liberty.
Professor Derrick Bell’s theory of “interest convergence” helps connect different self-interests that, in turn, enable issue-specific coalitions strong enough to effect serious cultural and legal change. …
Ford V. Where Are We?: The Revival Of The Sliding Scale To Govern The Supreme Court's New "Relating To" Personal Jurisdiction, Zois Manaris
Ford V. Where Are We?: The Revival Of The Sliding Scale To Govern The Supreme Court's New "Relating To" Personal Jurisdiction, Zois Manaris
William & Mary Law Review
This Note proposes a test to govern “relating to” specific jurisdiction, a variation on a theme to those familiar with the doctrine: a “sliding scale” approach to contacts and relatedness, accompanied by a separate assessment of reasonableness factors the Supreme Court has outlined in previous cases to serve as a check on the sliding scale. Part I of this Note explains the “sliding scale” approach, its unpleasant first interaction with the Court, and its revival by the Ford majority. Part II defines this Note’s proposed test and demonstrates its consistency with Supreme Court precedent. Finally, Part III applies this Note’s …
Abortion Litigation And Second Amendment Litigation After Dobbs And Bruen, Institute Of Bill Of Rights Law, William & Mary Law School
Abortion Litigation And Second Amendment Litigation After Dobbs And Bruen, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
The Court And Religion, Institute Of Bill Of Rights Law, William & Mary Law School
The Court And Religion, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Judging Hard Cases, Institute Of Bill Of Rights Law, William & Mary Law School
Judging Hard Cases, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
The Roberts Court And Race, Institute Of Bill Of Rights Law, William & Mary Law School
The Roberts Court And Race, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
The Court And Limits On The Administrative State, Institute Of Bill Of Rights Law, William & Mary Law School
The Court And Limits On The Administrative State, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
The Roberts Court After A Seismic Term, Institute Of Bill Of Rights Law, William & Mary Law School
The Roberts Court After A Seismic Term, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Moot Court, Institute Of Bill Of Rights Law, William & Mary Law School
Moot Court, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
2022-2023 Supreme Court Preview: Schedule Of Events, Institute Of Bill Of Rights Law, William & Mary Law School
2022-2023 Supreme Court Preview: Schedule Of Events, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Granted Cases, Institute Of Bill Of Rights Law, William & Mary Law School
Granted Cases, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
2022-2023 Supreme Court Preview: Digital Notebook (Cover Page), Institute Of Bill Of Rights Law, William & Mary Law School
2022-2023 Supreme Court Preview: Digital Notebook (Cover Page), Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
2022-2023 Supreme Court Preview: Panelist Biographies, Institute Of Bill Of Rights Law, William & Mary Law School
2022-2023 Supreme Court Preview: Panelist Biographies, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
The Next Fight Over Guns In America, Timothy Zick, Diana Palmer
The Next Fight Over Guns In America, Timothy Zick, Diana Palmer
Popular Media
With Thursday’s Supreme Court decision [in New York State Rifle & Pistol Association Inc. v. Bruen], the only real remaining question is not whether Americans can carry firearms, but where.
Forgetting Marbury's Lesson: Qualified Immunity's Original Purpose, Tobias Kuehne
Forgetting Marbury's Lesson: Qualified Immunity's Original Purpose, Tobias Kuehne
William & Mary Bill of Rights Journal
Substantial parts of the history of qualified immunity remain unwritten. While qualified immunity is hotly debated among scholars and practitioners, we know little about qualified immunity’s origins, and the institutional pressures that shaped its historical path. This Article provides that missing history. It begins by observing the striking parallels between Pierson v. Ray—qualified immunity’s origin case—and Marbury v. Madison. Both were suits against government officials to vindicate individual rights granted by a congressional statute, and both cases arose while the Court was under intense political pressure. In each case, the Supreme Court struck a surprising middle ground: It …
Imposing A Daily Burden On Thousands Of Innocent Citizens: The Supreme Court Unnecessarily Limited Motorists' Fourth Amendment Rights In Kansas V. Glover, George M. Dery
William & Mary Journal of Race, Gender, and Social Justice
This Article analyzes Kansas v. Glover, in which the Supreme Court ruled that an officer could stop a vehicle owned by a person having a revoked license on the assumption that the owner was currently driving the vehicle. This work examines the concerns created by Glover’s ruling. This Article asserts that, in creating its new rule enabling police to stop a motorist without first confirming his or her identity, the Court based its holding on the existence of two facts, thus effectively changing its traditional “totality of the circumstances” analysis for reasonable suspicion to a categorical rule. Further, …