Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 27 of 27

Full-Text Articles in Law

Ties In The Supreme Court Of The United States, Edward A. Hartnett Dec 2002

Ties In The Supreme Court Of The United States, Edward A. Hartnett

William & Mary Law Review

No abstract provided.


The Random Muse: Authorship And Indeterminacy, Alan R. Durham Dec 2002

The Random Muse: Authorship And Indeterminacy, Alan R. Durham

William & Mary Law Review

No abstract provided.


Understanding Prophylactic Remedies Through The Looking Glass Of Bush V. Gore, Tracy A. Thomas Dec 2002

Understanding Prophylactic Remedies Through The Looking Glass Of Bush V. Gore, Tracy A. Thomas

William & Mary Bill of Rights Journal

Using the context of Bush v. Gore as a vehicle for discussion, Professor Thomas examines the use and legitimacy of prophylactic remedies. In this Article, Professor Thomas advances the argument that the broad prophylactic remedy provided by the U.S. Supreme Court in Bush v. Gore may be viewed as contrary to the law of remedies in that it operated to negate, rather than enforce, legal rights. In particular, prophylactic remedies which are untailored and unachievable, as in Bush v. Gore, threaten the legitimacy of prophylaxis. Professor Thomas argues that the use of prophylactic remedies itself is not problematic, but concludes …


An Outcomes Analysis Of Scope Of Review Standards, Paul R. Verkuil Dec 2002

An Outcomes Analysis Of Scope Of Review Standards, Paul R. Verkuil

William & Mary Law Review

No abstract provided.


The Federalism-Rights Nexus: Explaining Why Senate Democrats Tolerate Rehnquist Court Decision Making But Not The Rehnquist Court, Neal Devins Oct 2002

The Federalism-Rights Nexus: Explaining Why Senate Democrats Tolerate Rehnquist Court Decision Making But Not The Rehnquist Court, Neal Devins

Faculty Publications

No abstract provided.


Federal Judicial Selection As War, Part Three: The Role Of Ideology, Michael J. Gerhardt Oct 2002

Federal Judicial Selection As War, Part Three: The Role Of Ideology, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Section 10: Miscellaneous, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2002

Section 10: Miscellaneous, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 1: Lockyer V. Andrade, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2002

Section 1: Lockyer V. Andrade, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 4: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2002

Section 4: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 3: The War On Terror, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2002

Section 3: The War On Terror, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 2: Supreme Court Advocacy, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2002

Section 2: Supreme Court Advocacy, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 8: Criminal Law & Procedure, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2002

Section 8: Criminal Law & Procedure, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 6: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2002

Section 6: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 5: Business Law, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2002

Section 5: Business Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 7: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2002

Section 7: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 9: Upcoming Issues, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2002

Section 9: Upcoming Issues, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Marbury Ascendant: The Rehnquist Court And The Power To "Say What The Law Is", Timothy Zick Jul 2002

Marbury Ascendant: The Rehnquist Court And The Power To "Say What The Law Is", Timothy Zick

Faculty Publications

No abstract provided.


John Marshall Through The Eyes Of An Admirer: John Quincy Adams, Michael Daly Hawkins Mar 2002

John Marshall Through The Eyes Of An Admirer: John Quincy Adams, Michael Daly Hawkins

William & Mary Law Review

No abstract provided.


John Marshall, Mcculloch V. Maryland, And "We The People": Revisions In Need Of Revising, Martin S. Flaherty Mar 2002

John Marshall, Mcculloch V. Maryland, And "We The People": Revisions In Need Of Revising, Martin S. Flaherty

William & Mary Law Review

No abstract provided.


Easing The Spring: Strict Scrutiny And Affirmative Action After The Redistricting Cases, Pamela S. Karlan Mar 2002

Easing The Spring: Strict Scrutiny And Affirmative Action After The Redistricting Cases, Pamela S. Karlan

William & Mary Law Review

No abstract provided.


A Judge For All Seasons, R. Kent Newmyer Mar 2002

A Judge For All Seasons, R. Kent Newmyer

William & Mary Law Review

No abstract provided.


Some Alarming Aspects Of The Legacies Of Judicial Review And Of John Marshall, Stephen B. Presser Mar 2002

Some Alarming Aspects Of The Legacies Of Judicial Review And Of John Marshall, Stephen B. Presser

William & Mary Law Review

No abstract provided.


John Marshall: Remarks Of October 6, 2000, William H. Rehnquist Mar 2002

John Marshall: Remarks Of October 6, 2000, William H. Rehnquist

William & Mary Law Review

No abstract provided.


The Use That The Future Makes Of The Past: John Marshall's Greatness And Its Lessons For Today's Supreme Court Justices, Jack M. Balkin Mar 2002

The Use That The Future Makes Of The Past: John Marshall's Greatness And Its Lessons For Today's Supreme Court Justices, Jack M. Balkin

William & Mary Law Review

No abstract provided.


The Lives Of John Marshall, Michael J. Gerhardt Mar 2002

The Lives Of John Marshall, Michael J. Gerhardt

William & Mary Law Review

No abstract provided.


The Business Of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy Of Justice George Sutherland, Samuel R. Olken Feb 2002

The Business Of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy Of Justice George Sutherland, Samuel R. Olken

William & Mary Bill of Rights Journal

In The Business of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy of Justice George Sutherland, Samuel Olken traces the dichotomy that emerged in constitutional law in the aftermath of the Lochner era between economic liberty and freedom of expression. During the 1930s, while a deeply divided United States Supreme Court adopted a laissez faire approach to economic regulation, it viewed with great suspicion laws that restricted the manner and content of expression. During this period, Justice George Sutherland often clashed with the majority consistently insisting that state regulation of private economic rights bear a close and …


Supreme Court Selection As War, Michael J. Gerhardt Jan 2002

Supreme Court Selection As War, Michael J. Gerhardt

Faculty Publications

No abstract provided.