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- Apprendi v. New Jersey (530 U.S. 466 (2000)) (1)
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Articles 1 - 30 of 31
Full-Text Articles in Law
The Constitutional Canon As Argumentative Metonymy, Ian Bartrum
The Constitutional Canon As Argumentative Metonymy, Ian Bartrum
William & Mary Bill of Rights Journal
No abstract provided.
A Promise The Nation Cannot Keep: What Prevents The Application Of The Thirteenth Amendment In Prison?, Raja Raghunath
A Promise The Nation Cannot Keep: What Prevents The Application Of The Thirteenth Amendment In Prison?, Raja Raghunath
William & Mary Bill of Rights Journal
The walls of the prison are not solely physical. The doctrine of judicial deference to prison officials, which compels courts to defer to the discretion of those officials in almost all instances, obstructs the effective scrutiny of modern practices of punishment. Since its ratification, the Thirteenth Amendment—which prohibits slavery or involuntary servitude anywhere within the United States or its jurisdiction, except where imposed “as a punishment for crime whereof the party shall have been duly convicted”1—has been seen by courts as one brick in this wall. This Article makes the novel argument that, properly read, the amendment should function instead …
Georgia V. Randolph, The Red-Headed Stepchild Of An Ugly Family: Why Third Party Consent Search Doctrine Is An Unfortunate Fourth Amendment Development That Should Be Restrained, Aubrey H. Brown
William & Mary Bill of Rights Journal
No abstract provided.
Rescuing The Fourteenth Amendment Privileges Or Immunities Clause: How "Attrition Or Parliamentary Processes" Begat Accidental Ambiguity; How Ambiguity Begat Slaughter-House, Michael Anthony Lawrence
Rescuing The Fourteenth Amendment Privileges Or Immunities Clause: How "Attrition Or Parliamentary Processes" Begat Accidental Ambiguity; How Ambiguity Begat Slaughter-House, Michael Anthony Lawrence
William & Mary Bill of Rights Journal
No abstract provided.
Appeal To Heaven: On The Religious Origins Of The Constitutional Right Of Revolution, John M. Kang
Appeal To Heaven: On The Religious Origins Of The Constitutional Right Of Revolution, John M. Kang
William & Mary Bill of Rights Journal
No abstract provided.
The Bapcpa, The Gag Rule, And The First Amendment: A Proposal For Alignment Through Interpretive And Analytical Change, Cullen Ann Drescher
The Bapcpa, The Gag Rule, And The First Amendment: A Proposal For Alignment Through Interpretive And Analytical Change, Cullen Ann Drescher
William & Mary Bill of Rights Journal
No abstract provided.
Discriminatory Acquittal, Tania Tetlow
Discriminatory Acquittal, Tania Tetlow
William & Mary Bill of Rights Journal
This article is the first to analyze a pervasive and unexplored constitutional problem: the rights of crime victims against unconstitutional discrimination by juries. From the Emmett Till trial to that of Rodney King, there is a long history of juries acquitting white defendants charged with violence against black victims. Modem empirical evidence continues to show a devaluation of black victims; dramatic disparities exist in death sentence and rape conviction rates according to the race of the victim. Moreover, just as juries have permitted violence against those who allegedly violated the racial order, juries use acquittals to punish female victims of …
Scaling Property With Professor Ellickson, Lee Anne Fennell
Scaling Property With Professor Ellickson, Lee Anne Fennell
William & Mary Bill of Rights Journal
Presented at the 2008 Brigham-Kanner Property Rights Conference.
Must God Be Dead Or Irrelevant: Drawing A Circle That Lets Me In, Richard M. Esenberg
Must God Be Dead Or Irrelevant: Drawing A Circle That Lets Me In, Richard M. Esenberg
William & Mary Bill of Rights Journal
Some scholars claim that current Establishment Clause doctrine can increasingly be explained in terms of substantive neutrality-that is, the idea that government ought to treat religion and irreligion (or comparable secular activities) in the same way. Whether a product of the Court's commitment to the idea or an artifact of the positions of the "swing" Justices, this proposition has considerable explanatory power. The Supreme Court has, in recent years, permitted the government to make financial support equally available for religious uses, as long as it is done on a neutral basis and through the private choice of the recipients. It …
Ellickson's Extraordinary Look At The Ordinary, Henry E. Smith
Ellickson's Extraordinary Look At The Ordinary, Henry E. Smith
William & Mary Bill of Rights Journal
Presented at the 2008 Brigham-Kanner Property Rights Conference.
Private Norms And Public Spaces, Nicole Stelle Garnett
Private Norms And Public Spaces, Nicole Stelle Garnett
William & Mary Bill of Rights Journal
Presented at the 2008 Brigham-Kanner Property Rights Conference.
Of Natural Threads And Legal Hoops: Bob Ellickson's Property Scholarship, Carol M. Rose
Of Natural Threads And Legal Hoops: Bob Ellickson's Property Scholarship, Carol M. Rose
William & Mary Bill of Rights Journal
Presented at the 2008 Brigham-Kanner Property Rights Conference.
Your Honor, I Seen Him With That Gang: The Constitutionality Of The Federal Criminal Street Gang Statute In The Wake Of Apprendi V. New Jersey, Jennifer E. Fleming
Your Honor, I Seen Him With That Gang: The Constitutionality Of The Federal Criminal Street Gang Statute In The Wake Of Apprendi V. New Jersey, Jennifer E. Fleming
William & Mary Bill of Rights Journal
No abstract provided.
The Unbearable Lightness Of Marriage In The Abortion Decisions Of The Supreme Court: Altered States In Constitutional Law, William W. Van Alstyne
The Unbearable Lightness Of Marriage In The Abortion Decisions Of The Supreme Court: Altered States In Constitutional Law, William W. Van Alstyne
William & Mary Bill of Rights Journal
No abstract provided.
In Defense Of Ideology: A Principled Apporach To The Supreme Court Confirmation Process, Lori A. Ringhand
In Defense Of Ideology: A Principled Apporach To The Supreme Court Confirmation Process, Lori A. Ringhand
William & Mary Bill of Rights Journal
In this paper, Professor Ringhand offers a principled defense of an ideological approach to the Supreme Court Justice confirmation process. In constructing her argument, she does three things. First, she explores how the insights provided by recent empirical legal scholarship have created a need to rethink the role of the Supreme Court and, consequently, the process by which we select Supreme Court Justices. In doing so, Professor Ringhand explains how these insights have called into question much of our conventional constitutional narrative, and how this failure of the conventional narrative has in turn undermined traditional objections to an ideologically-based confirmation …
Prisoners For Sale: Making The Thirteenth Amendment Case Against State Private Prison Contracts, Ryan S. Marion
Prisoners For Sale: Making The Thirteenth Amendment Case Against State Private Prison Contracts, Ryan S. Marion
William & Mary Bill of Rights Journal
No abstract provided.
Constitutional Solipsism: Toward A Thick Doctrine Of Article Iii Duty; Or Why The Federal Circuits' Nonprecedential Status Rules Are (Profoundly) Unconstitutional, Penelope Pether
William & Mary Bill of Rights Journal
No abstract provided.
Guns And Speech Technologies: How The Right To Bear Arms Affects Copyright Regulations Of Speech Technologies, Edward Lee
William & Mary Bill of Rights Journal
This Article examines the possible effect the Supreme Court's landmark Second Amendment ruling in District of Columbia v. Heller will have on future cases brought under the Free Press Clause.' Based on the text and history of the Constitution, the connection between the two Clauses is undeniable, as the Heller Court itself repeatedly suggested. Only two provisions in the entire Constitution protect individual rights to a technology: the Second Amendment's right to bear "arms" and the Free Press Clause's right to the freedom of the "press," meaning the printing press. Both rights were viewed, moreover, as pre-existing, natural rights to …
The Congressional Chaplaincies, Christopher C. Lund
The Congressional Chaplaincies, Christopher C. Lund
William & Mary Bill of Rights Journal
Roughly twenty-five years ago, in Marsh v. Chambers, the Supreme Court considered the congressional chaplaincies, and concluded that they were not "an 'establishment' of religion or a step toward establishment," but instead were "simply a tolerable acknowledgment of beliefs widely held among the people of this country."' That latter phrase has been repeated hundreds of times in cases and law review articles; it suggests that the chaplaincies are uninteresting and uncontroversial and that they have been so throughout our history. The Court in Marsh looked only briefly at the history of the chaplaincies.2 A deeper look at that history reveals …
Is Sharif's Castle Deductible? Islam And The Tax Treatment Of Mortgage Debt, Roberta Mann
Is Sharif's Castle Deductible? Islam And The Tax Treatment Of Mortgage Debt, Roberta Mann
William & Mary Bill of Rights Journal
This Article examines the tax treatment of Islamic mortgage alternatives and considers the cultural and constitutional implications of the tax treatment of mortgage debt. Islamic law cannot be separated from the religion of Islam, and one of the primary tenets of Islamic law is the prohibition of riba, which is defined by some Islamic jurists as the payment of interest on any loan. Financing institutions, working with Muslim religious leaders, have developed a number of financing instruments that do not violate the prohibition against riba, thus facilitating home ownership for those Muslims who do not feel comfortable with a traditional …
Standing To Challenge State And Local Immigration Regulation: How The Notion Of Expressive Injury Can Restore Federal Power Over Immigration, Timothy A. Newman
Standing To Challenge State And Local Immigration Regulation: How The Notion Of Expressive Injury Can Restore Federal Power Over Immigration, Timothy A. Newman
William & Mary Bill of Rights Journal
No abstract provided.
The Dormant Commerce Clause: Adopting A New Standard And A Return To Principle, Timothy J. Slattery
The Dormant Commerce Clause: Adopting A New Standard And A Return To Principle, Timothy J. Slattery
William & Mary Bill of Rights Journal
No abstract provided.
The Impact Of Information Overload On The Capital Jury's Ability To Assess Aggravating And Mitigating Factors, Katie Morgan, Michael J. Zydney Mannheimer
The Impact Of Information Overload On The Capital Jury's Ability To Assess Aggravating And Mitigating Factors, Katie Morgan, Michael J. Zydney Mannheimer
William & Mary Bill of Rights Journal
Since 1976, the U.S. Supreme Court has required that death penalty regimes meet two requirements. First, in order to minimize arbitrariness in the imposition of the death penalty, states must reserve capital punishment to a narrow class of offenders, those most deserving of death. States have done so by requiring that the prosecution prove at least one aggravating factor, i.e., some circumstance that separates the capital defendant on trial from those ineligible to be executed. Second, states must allow for individualization in sentencing by permitting the defendant to introduce mitigating evidence in order to persuade the jury that he is …
Unpleasant Speech On Campus, Even Hate Speech, Is A First Amendment Issue, Erwin Chemerinsky
Unpleasant Speech On Campus, Even Hate Speech, Is A First Amendment Issue, Erwin Chemerinsky
William & Mary Bill of Rights Journal
No abstract provided.
Territory, Plants, And Land-Use Rights Among The San Of Southern Africa: A Case Study In Regional Biodiversity, Traditional Knowledge, And Intellectual Property, Stephen R. Munzer, Phyllis Chen Simon
Territory, Plants, And Land-Use Rights Among The San Of Southern Africa: A Case Study In Regional Biodiversity, Traditional Knowledge, And Intellectual Property, Stephen R. Munzer, Phyllis Chen Simon
William & Mary Bill of Rights Journal
No abstract provided.
Judicial Confusion And Inconsistency In Handling Juror Misconduct: A New Proposal, Kristen D. Clardy
Judicial Confusion And Inconsistency In Handling Juror Misconduct: A New Proposal, Kristen D. Clardy
William & Mary Bill of Rights Journal
No abstract provided.
How The Diversity Rationale Lays The Groundwork For New Discrimination: Examining The Trajectory Of Equal Protection Doctrine, Michael A. Helfand
How The Diversity Rationale Lays The Groundwork For New Discrimination: Examining The Trajectory Of Equal Protection Doctrine, Michael A. Helfand
William & Mary Bill of Rights Journal
This Article advocates differentiating between two distinct categories of equal protection cases. The first-what I have termed indicator cases-are instances where courts consider whether there are sufficient factual indications to demonstrate the existence of aprimafacie equal protection violation. The second-violation casesare instances where courts consider, having already determined the existence of an equal protection violation, whether there is a good enough justification for a prima facie equal protection violation. Unfortunately, the Supreme Court has not differentiated between these two different types of cases. This has led to a string of decisions where the Supreme Court has erroneously looked for justifications …
Making Sense Of High School Speech After Morse V. Frederick, Mark W. Cordes
Making Sense Of High School Speech After Morse V. Frederick, Mark W. Cordes
William & Mary Bill of Rights Journal
No abstract provided.
Separationism To The Extreme: The Mt. Soledad Cross And The Ninth Circuit's Crusade To Burden The Free Exercise Clause, Cameron M. Rountree
Separationism To The Extreme: The Mt. Soledad Cross And The Ninth Circuit's Crusade To Burden The Free Exercise Clause, Cameron M. Rountree
William & Mary Bill of Rights Journal
No abstract provided.
Losing Our Religion: Reevaluating The Section 501(C)(3) Exemption Of Religious Organizations That Discriminate, Nicholas A. Mirkay
Losing Our Religion: Reevaluating The Section 501(C)(3) Exemption Of Religious Organizations That Discriminate, Nicholas A. Mirkay
William & Mary Bill of Rights Journal
No abstract provided.