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Full-Text Articles in Law
Shaping California's Prisons: How The Alternative Custody Program, Designed To Remedy The State's Eighth Amendment Violations In The Prison System, Encroaches On Equal Protection, Emilie A. Whitehurst
Shaping California's Prisons: How The Alternative Custody Program, Designed To Remedy The State's Eighth Amendment Violations In The Prison System, Encroaches On Equal Protection, Emilie A. Whitehurst
William & Mary Bill of Rights Journal
No abstract provided.
The Equal Protection Implications Of Government's Hateful Speech, Helen Norton
The Equal Protection Implications Of Government's Hateful Speech, Helen Norton
William & Mary Law Review
Under what circumstances should we understand government’s racist or otherwise hateful speech to violate the Equal Protection Clause? Government speech that communicates hostility or animus on the basis of race, gender, national origin, sexual orientation, or other class status can facilitate private parties’ discriminatory behavior, deter its targets from certain important opportunities or activities, and communicate a message of exclusion and second-class status. Contemporary equal protection doctrine, however, does not yet fully address the harms that such government expression potentially poses. The recent emergence of the Court’s government speech doctrine—which to date has emphasized the value of government expression without …
Resolving Election Error: The Dynamic Assessment Of Materiality, Justin Levitt
Resolving Election Error: The Dynamic Assessment Of Materiality, Justin Levitt
William & Mary Law Review
The ghosts of the 2000 presidential election will return in 2012. Photo-finish and error-laden elections recur in each cycle. When the margin of error exceeds the margin of victory, officials and courts must decide which, if any, errors to discount or excuse, knowing that the answer will likely determine the election’s winner. Yet despite widespread agreement on the likelihood of another national meltdown, neither courts nor scholars have developed consistent principles for resolving the errors that cause the chaos.
This Article advances such a principle, reflecting the underlying values of the electoral process. It argues that the resolution of an …
Desperate Times Call For Desperate Measures: Reclassifying Drug Possession Offense In Response To The Indigent Defense Crisis, Kaitlin C. Gratton
Desperate Times Call For Desperate Measures: Reclassifying Drug Possession Offense In Response To The Indigent Defense Crisis, Kaitlin C. Gratton
William & Mary Law Review
No abstract provided.