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Full-Text Articles in Law
A Century In The Making: The Glorious Revolution, The American Revolution, And The Origins Of The U.S. Constitution’S Eighth Amendment, John D. Bessler
A Century In The Making: The Glorious Revolution, The American Revolution, And The Origins Of The U.S. Constitution’S Eighth Amendment, John D. Bessler
William & Mary Bill of Rights Journal
The sixteen words in the U.S. Constitution’s Eighth Amendment have their roots in England’s Glorious Revolution of 1688–89. This Article traces the historical events that initially gave rise to the prohibitions against excessive bail, excessive fines, and cruel and unusual punishments. Those three proscriptions can be found in the English Declaration of Rights and in its statutory counterpart, the English Bill of Rights. In particular, the Article describes the legal cases and draconian punishments during the Stuart dynasty that led English and Scottish parliamentarians to insist on protections against cruelty and excessive governmental actions. In describing the grotesque punishments of …
The First Century Of Magna Carta: The Diffusion Of Texts And Knowledge Of The Charter, Paul Brand
The First Century Of Magna Carta: The Diffusion Of Texts And Knowledge Of The Charter, Paul Brand
William & Mary Bill of Rights Journal
No abstract provided.
Interpretation And Re-Interpretation Of A Clause: Magna Carta And The Widow’S Quarantine, Janet Loengard
Interpretation And Re-Interpretation Of A Clause: Magna Carta And The Widow’S Quarantine, Janet Loengard
William & Mary Bill of Rights Journal
No abstract provided.
The Great Charter Turned 800: Remembering Its 700th Birthday, Karl Shoemaker
The Great Charter Turned 800: Remembering Its 700th Birthday, Karl Shoemaker
William & Mary Bill of Rights Journal
No abstract provided.
Forest Law Through The Looking Glass: Distortions Of The Forest Charter In The Outlaw Fiction Of Late Medieval England, Sarah Harlan-Haughey
Forest Law Through The Looking Glass: Distortions Of The Forest Charter In The Outlaw Fiction Of Late Medieval England, Sarah Harlan-Haughey
William & Mary Bill of Rights Journal
No abstract provided.
The Legacy Of Magna Carta: Law And Justice In The Fourteenth Century, Anthony Musson
The Legacy Of Magna Carta: Law And Justice In The Fourteenth Century, Anthony Musson
William & Mary Bill of Rights Journal
No abstract provided.
Magna Carta In The Late Middle Ages: Over-Mighty Subjects, Under-Mighty Kings, And A Turn Away From Trial By Jury, David J. Seipp
Magna Carta In The Late Middle Ages: Over-Mighty Subjects, Under-Mighty Kings, And A Turn Away From Trial By Jury, David J. Seipp
William & Mary Bill of Rights Journal
No abstract provided.
Forest Eyre Justices In The Reign Of Henry Iii (1216–1272), Ryan Rowberry
Forest Eyre Justices In The Reign Of Henry Iii (1216–1272), Ryan Rowberry
William & Mary Bill of Rights Journal
No abstract provided.
Magna Carta In The Fourteenth Century: From Law To Symbol?: Reflections On The “Six Statutes”, Charles Donahue Jr.
Magna Carta In The Fourteenth Century: From Law To Symbol?: Reflections On The “Six Statutes”, Charles Donahue Jr.
William & Mary Bill of Rights Journal
No abstract provided.
The Church And Magna Carta, R. H. Helmholz
The Church And Magna Carta, R. H. Helmholz
William & Mary Bill of Rights Journal
No abstract provided.
Salvation By Statute: Magna Carta, Legislation, And The King’S Soul, Thomas J. Mcsweeney
Salvation By Statute: Magna Carta, Legislation, And The King’S Soul, Thomas J. Mcsweeney
William & Mary Bill of Rights Journal
No abstract provided.
A Brief History Of The Fifth Amendment Guarantee Against Double Jeopardy, David S. Rudstein
A Brief History Of The Fifth Amendment Guarantee Against Double Jeopardy, David S. Rudstein
William & Mary Bill of Rights Journal
No abstract provided.
Modernizing The Law Of Open-Air Speech: The Hughes Court And The Birth Of Content-Neutral Balancing, William E. Lee
Modernizing The Law Of Open-Air Speech: The Hughes Court And The Birth Of Content-Neutral Balancing, William E. Lee
William & Mary Bill of Rights Journal
No abstract provided.
The State Of The Canon In Constitutional Law: Lessons From The Jurisprudence Of John Marshall, David E. Marion
The State Of The Canon In Constitutional Law: Lessons From The Jurisprudence Of John Marshall, David E. Marion
William & Mary Bill of Rights Journal
Constitutional law has been an active battlefield as competing groups within the academy seek to deconstruct, reconstruct, and/or relegitimize the teaching and practice of law in the United States. Much of the rhetoric of the debate is couched in the language of rights. There is a danger that diminished attention to powers in the rhetoric and teaching of constitutional law may compromise sober and moderate constitutional reasoning. By reinvigorating reflection on powers-related issues, the legal profession can do its part to promote sobriety, and hence an added dose of prudence, in constitutional reflection and discourse by a democratic citizenry whose …
The Founders Go On-Line: An Original Intent Solution To A Jurisdictional Dilemma, Christine G. Heslinga
The Founders Go On-Line: An Original Intent Solution To A Jurisdictional Dilemma, Christine G. Heslinga
William & Mary Bill of Rights Journal
The Internet has created a blossoming cyber-economy and a new way of conducting business. Unfortunately for those looking for jurisdictional certainty, however, cyberspace also effectively eliminates geographic boundaries. The unprecedented circumstances set by this new frontier have put federal courts in the unenviable position of deciding whether Internet-based cases meet diversity jurisdiction requirements. Examining the constitutional history and recent use of diversity, this Note argues that the Founders did not foresee an era where every contract or sales case would end up in federal court; rather, they intended diversity jurisdiction to be a rare and perhaps temporary proposition. The author …
Rights In The Modern Era: Applying The Bill Of Rights To The States, Stephen J. Wermiel
Rights In The Modern Era: Applying The Bill Of Rights To The States, Stephen J. Wermiel
William & Mary Bill of Rights Journal
No abstract provided.
The Adoption Of The Bill Of Rights, Maeva Marcus
The Adoption Of The Bill Of Rights, Maeva Marcus
William & Mary Bill of Rights Journal
No abstract provided.