Law Commons^™

Introduction: How We Vote: Electronic Voting And Other Voting Practices In The United States, Davison M. Douglas

William & Mary Bill of Rights Journal

No abstract provided.

Giving Dissenters Back Their Rights: How The White House Presidential Advance Manual Changes The First Amendment And Standing Debates, Kimberly Albrecht-Taylor

William & Mary Bill of Rights Journal

No abstract provided.

Machine Errors And Undervotes In Florida 2006 Revisited, Walter R. Mebane

William & Mary Bill of Rights Journal

The 2006 election for U.S. House of Representatives District 13 in Sarasota County, Florida, attracted extensive controversy because an unusually high proportion of the ballots cast lacked a vote for that office, and the unusual number of undervotes probably changed the election outcome. Intensive technical studies based on examining software and hardware from the iVotronic touchscreen voting machines used to conduct the election failed to find mechanical flaws sufficient to explain the undervotes. Studies that examined the ballots used in Sarasota and in some other counties concluded the high undervote rate was caused by peculiar features of the ballot's format …

The Case Of The Disappearing Votes: Lessons From The Jennings V. Buchanan Congressional Election Contest, Jessica Ring Amunson, Sam Hirsch

William & Mary Bill of Rights Journal

No abstract provided.

Early Voting Reforms And American Elections, Paul Gronke

William & Mary Bill of Rights Journal

No abstract provided.

Voter Registration And Election Reform, Daniel P. Tokaji

William & Mary Bill of Rights Journal

No abstract provided.

Voting System Risk Assessment Via Computational Complexity Analysis, Dan S. Wallach

William & Mary Bill of Rights Journal

Any voting system must be designed to resist a variety of failures, ranging from inadvertent misconfiguration to intentional tampering. The problem with conducting analyses of these issues, particularly across widely divergent technologies, is that it is very difficult to make apples-to-apples comparisons. This paper considers the use of a standard technique used in the analysis of algorithms, namely complexity analysis with its "big-O" notation, which can provide a high-level abstraction that allows for direct comparisons across voting systems. We avoid the need for making unreliable estimates of the probability a system might be hacked or of the cost of bribing …

Voting Technology And The 2008 New Hampshire Primary, Michael C. Herron, Walter R. Mebane, Jonathan N. Wand

William & Mary Bill of Rights Journal

No abstract provided.

Gatekeeping Vs. Balancing In The Constitutional Law Of Elections: Methodological Uncertainty On The High Court, Christopher S. Elmendorf, Edward B. Foley

William & Mary Bill of Rights Journal

This Essay examines the methodological upheaval created by the quartet of constitutional election law cases decided during October Term 2007. Prior to this Term, the ascendant analytic approach called for a threshold characterization of the burden on the plaintiff's rights, which characterization determined whether the court would apply strict scrutiny or lax, rational-basis-like review. The characterization was generally formal in nature. But in light of the Supreme Court's latest decisions, it is now open to a lower court adjudicating a First Amendment or Equal Protection challenge to an election law-absent a Supreme Court precedent squarely on point- (1) to engage …

A Constitutional Anomaly: Safeguarding Confidential National Security Information Within The Enigma That Is The American Vice Presidency, Todd Garvey

William & Mary Bill of Rights Journal

No abstract provided.

Civil Procedure And The Establishment Clause: Exploring The Ministerial Exception, Subject-Matter Jurisdiction, And The Freedom Of The Church, Gregory A. Kalscheur

William & Mary Bill of Rights Journal

What sort of defense is provided by the ministerial exception to employment discrimination claims? The ministerial exception bars civil courts from reviewing the decisions of religious organizations regarding the employment of their ministerial employees. While the exception itself is widely recognized by courts, there is confusion with respect to the proper characterization of the defense provided by the exception: should it be seen as a subject matter jurisdiction defense, or as a challenge to the legal sufficiency of the plaintiff's claim? This Article argues that articulating the right answer to this question of civil procedure is crucial to a proper …

Metaphors And Modalities: Meditations On Bobbit's Theory Of The Constitution, Ian C. Bartrum

William & Mary Bill of Rights Journal

No abstract provided.

Justifying Motive Analysis In Judicial Review, Gordon G. Young

William & Mary Bill of Rights Journal

Motives concern us in ordinary life and in the law of torts and crimes, and that concern is justified by consequentialist ethics. Despite occasional judicial protestations, motive analysis pervades large parts of constitutional law. Illegitimate motives aimed at suspect classes, or "designed to strike" at any number of rights identified as fundamental, presumptively invalidate the official actions that they animate. The consequentialist arguments for the use of motive review in this class of cases are relatively simple. Such illegitimate official motives tend to cause bad distributions of tangible benefits and burdens, or cause direct cognitive or emotional harm to the …

Freedom To Err: The Idea Of Natural Selection In Politics, Schools, And Courts, Paul D. Carrington

William & Mary Bill of Rights Journal

No abstract provided.

The Continuing Threshold Test For Free Exercise Claims, Andy G. Olree

William & Mary Bill of Rights Journal

When a claimant challenges some governmental law or action under the Free Exercise Clause of the First Amendment, courts have long required the claimant to make out a prima facie case that the government has burdened the exercise of the claimant's sincerely held religious beliefs. This requirement has been referred to as the threshold test for free exercise claims, since claimants must make this showing as a threshold matter before courts will proceed to evaluate the burden and the governmental interest at stake under some standard of scrutiny. This Article argues that although the Supreme Court of the United States …

Changing State Laws To Prohibit The Display Of Hangman's Nooses: Tightening The Knot Around The First Amendment?, Allison Barger

William & Mary Bill of Rights Journal

No abstract provided.

Best Interests And Parental Presumptions: Bringing Same-Sex Custody Agreements Beyond Preclusion By The Federal Defense Of Marriage Act, Alison M. Schmieder

William & Mary Bill of Rights Journal

No abstract provided.

Support Our [Dead] Troops: Sacrificing Political Expression Rights For Familial Control Over Names And Likenesses, Clay Calvert

William & Mary Bill of Rights Journal

No abstract provided.

Higher Education, Harassment, And First Amendment Opportunism, Kenneth L. Marcus

William & Mary Bill of Rights Journal

No abstract provided.

Introduction: Universities And The First Amendment, William P. Marshall

William & Mary Bill of Rights Journal

No abstract provided.

The Cross At College: Accomodation And Acknowledgment Of Religion At Public Universities, Ira C. Lupu, Robert W. Tuttle

William & Mary Bill of Rights Journal

No abstract provided.

Free Expression And Education: Between Two Democracies, Stephen M. Feldman

William & Mary Bill of Rights Journal

No abstract provided.

Intelligent Design In Public University Science Departments: Academic Freedom Or Establishment Of Religion, Frank S. Ravitch

William & Mary Bill of Rights Journal

No abstract provided.

Considering William And Mary's History With Slavery: The Case Of President Thomas Roderick Dew, Alfred L. Brophy

William & Mary Bill of Rights Journal

Amidst the recent apologies for slavery from the legislatures of Virginia, Maryland, North Carolina, Alabama, New Jersey, and Florida, there is significant controversy over the wisdom of investigations of institutions' connections to slavery and apologies for those connections.' The divide over attitudes toward apologies falls along racial lines. This Article briefly looks to the controversy on both sides of the apology debates. Among those questions about investigations of the past, universities occupy a special place. Efforts at recovery of their connections to slavery include a study released by graduate students at Yale University in 2001,2 a report by Brown University's …

Ninth Circuit Reversal: The Removal Of Offensive Collateral Estoppel In Alienage Proceedings, Matthew D. Purcell

William & Mary Bill of Rights Journal

No abstract provided.

Lest We Regress To The Dark Ages: Holding Voluntary Surgical Castration Cruel And Unusual, Even For Child Molesters, Catherine Rylyk

William & Mary Bill of Rights Journal

No abstract provided.

Falsity, Insincerity, And The Freedom Of Expression, Mark Spottswood

William & Mary Bill of Rights Journal

Three decades ago, the Supreme Court announced that false statements of fact are devoid of constitutional value, without providing either a reasoned explanation for that principle or any supporting citations. This assertion has become one of the most frequently repeated dogmas of First Amendment law and theory, endlessly repeated and never challenged. Disturbingly, this idea has provided the theoretic foundation for a regime in which some speakers can be penalized for even honestly believed factual errors. Even worse, this dogma is flat wrong.

False statements often have value in themselves, and we should protect them even in some situations where …

"A Frequent Recurrence To Fundamental Principles": A Tribute To Jim Ely, John V. Orth

William & Mary Bill of Rights Journal

Presented at the 2006 Brigham-Kanner Property Rights Conference.

The "Ongoing Criminal Investigation" Constraint: Getting Away With Silence, Luke M. Milligan

William & Mary Bill of Rights Journal

No abstract provided.

Reinstating Treaty-Making With Native American Tribes, Phillip M. Kannan

William & Mary Bill of Rights Journal

No abstract provided.