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William & Mary Law Review

Federalism

Civil Rights and Discrimination

Publication Year

Articles 1 - 4 of 4

Full-Text Articles in Law

Windsor Beyond Marriage: Due Process, Equality & Undocumented Immigration, Anthony O'Rourke Jun 2014

Windsor Beyond Marriage: Due Process, Equality & Undocumented Immigration, Anthony O'Rourke

William & Mary Law Review

The Supreme Court’s recent decision in United States v. Windsor, invalidating part of the federal Defense of Marriage Act, presents a significant interpretive challenge. Early commentators have criticized the majority opinion’s lack of analytical rigor, and expressed doubt that Windsor can serve as a meaningful precedent with respect to constitutional questions outside the area of same-sex marriage. This Article offers a more rehabilitative reading of Windsor and shows how the decision can be used to analyze a significant constitutional question concerning the use of state criminal procedure to regulate immigration.

From Windsor’s holding, the Article distills two concrete doctrinal propositions …


The Vote From Beyond The Grave, Krysta R. Edwards Mar 2010

The Vote From Beyond The Grave, Krysta R. Edwards

William & Mary Law Review

No abstract provided.


Connecting The Dots: Grutter, School Desegregation, And Federalism, Wendy Parker Mar 2004

Connecting The Dots: Grutter, School Desegregation, And Federalism, Wendy Parker

William & Mary Law Review

No abstract provided.


Conceptual Gulfs In City Of Boerne V. Flores, Douglas Laycock Mar 1998

Conceptual Gulfs In City Of Boerne V. Flores, Douglas Laycock

William & Mary Law Review

No abstract provided.