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Full-Text Articles in Law
Pole Dancing Reprise/Reprieve, Timothy Zick
The Sanctity Of Polling Places, Timothy Zick
A Darwinist View Of The Living Constitution, Scott Dodson
A Darwinist View Of The Living Constitution, Scott Dodson
Faculty Publications
The metaphor of a “living” Constitution imports terms from biology into law and, in the process, relies on biology for its meaning. A proper understanding of biology is therefore central to understanding the idea of “living” constitutionalism. Yet despite its rampant use by both opponents and proponents of living constitutionalism, and despite the current fervent debate over whether biology can be useful to the law, no one has evaluated the metaphor from a biological perspective. This Essay begins that inquiry in an interdisciplinary study of law, science, and philology. The Essay first evaluates the metaphor as it is currently used …
Tempest In An Empty Teapot: Why The Constitution Does Not Regulate Gerrymandering, Larry Alexander, Saikrishna B. Prakash
Tempest In An Empty Teapot: Why The Constitution Does Not Regulate Gerrymandering, Larry Alexander, Saikrishna B. Prakash
William & Mary Law Review
Judges and scholars are convinced that the Constitution forbids gerrymandering that goes "too far"--legislative redistrictings that are too partisan, too focused on race, etc. Gerrymanders are said to be unconstitutional for many reasons-they dilute votes, they are anti-democratic, and they generate uncompetitive elections won by extremist candidates. Judges and scholars cite numerous clauses that gerrymanders supposedly violate- the Equal Protection Clause, the Guarantee Clause, and even the First Amendment. We dissent from this orthodoxy. Most of these claims rest on the notion that the Constitution establishes certain ideals about representation in legislatures and about the outcome and conduct of elections. …
Pole Dancing: The New Pilates?, Timothy Zick
Baghdad, Tokyo, Kabul….Constitution Making In Occupied States, Zachary Elkins, Tom Ginsburg, James Melton
Baghdad, Tokyo, Kabul….Constitution Making In Occupied States, Zachary Elkins, Tom Ginsburg, James Melton
William & Mary Law Review
No abstract provided.
Popular Authorship And Constitution Making: Comparing And Contrasting The Drc And Kenya, James Thuo Gathii
Popular Authorship And Constitution Making: Comparing And Contrasting The Drc And Kenya, James Thuo Gathii
William & Mary Law Review
No abstract provided.
What's In A Name? Reflections On Timing, Naming, And Constitution-Making, Vicki C. Jackson
What's In A Name? Reflections On Timing, Naming, And Constitution-Making, Vicki C. Jackson
William & Mary Law Review
No abstract provided.
Expanding Participation In Constitution Making: Challenges And Opportunities, Angela M. Banks
Expanding Participation In Constitution Making: Challenges And Opportunities, Angela M. Banks
William & Mary Law Review
No abstract provided.
Conciliatory Institutions And Constitutional Processes In Post-Conflict States, Donald L. Horowitz
Conciliatory Institutions And Constitutional Processes In Post-Conflict States, Donald L. Horowitz
William & Mary Law Review
No abstract provided.
Constitution Making At The Edges Of Constituional Order, Karol Edward Soltan
Constitution Making At The Edges Of Constituional Order, Karol Edward Soltan
William & Mary Law Review
No abstract provided.
Quintessential Elements Of Meaningful Constitutions In Post-Conflict States, William W. Van Alstyne
Quintessential Elements Of Meaningful Constitutions In Post-Conflict States, William W. Van Alstyne
William & Mary Law Review
No abstract provided.
Could And Should America Have Made An Ottoman Republic In 1919?, Paul D. Carrington
Could And Should America Have Made An Ottoman Republic In 1919?, Paul D. Carrington
William & Mary Law Review
No abstract provided.