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Articles 1 - 30 of 31
Full-Text Articles in Law
Dodging A Bullet: Mcdonald V. City Of Chicago And The Limits Of Progessive Originalism, Dale E. Ho
Dodging A Bullet: Mcdonald V. City Of Chicago And The Limits Of Progessive Originalism, Dale E. Ho
William & Mary Bill of Rights Journal
The Supreme Court’s decision in last term’s gun rights case, McDonald v. City of Chicago, punctured the conventional wisdom after District of Columbia v. Heller that “we are all originalists now.” Surprisingly, many progressive academics were disappointed. For “progressive originalists,” McDonald was a missed opportunity to overrule the Slaughter-House Cases and to revitalize the Privileges or Immunities Clause of the Fourteenth Amendment. In their view, such a ruling could have realigned progressive constitutional achievements with originalism and relieved progressives of the albatross of substantive due process, while also unlocking long-dormant constitutional text to serve as the source of new unenumerated …
Constantly Approximating Popular Sovereignty: Seven Fundamental Principles Of Constitutional Law, Wilson R. Huhn
Constantly Approximating Popular Sovereignty: Seven Fundamental Principles Of Constitutional Law, Wilson R. Huhn
William & Mary Bill of Rights Journal
No abstract provided.
Grand Jury Innovation: Toward A Functional Makeover Of The Ancient Bulwark Of Liberty, Roger A. Fairfax Jr.
Grand Jury Innovation: Toward A Functional Makeover Of The Ancient Bulwark Of Liberty, Roger A. Fairfax Jr.
William & Mary Bill of Rights Journal
No abstract provided.
The Melendez-Diaz Dilemma: Virginia's Response, A Model To Follow, Anne Hampton Andrews
The Melendez-Diaz Dilemma: Virginia's Response, A Model To Follow, Anne Hampton Andrews
William & Mary Bill of Rights Journal
No abstract provided.
Huppert, Reilly, And The Increasing Futility Of Relying On The First Amendment To Protect Employee Speech, John Q. Mulligan
Huppert, Reilly, And The Increasing Futility Of Relying On The First Amendment To Protect Employee Speech, John Q. Mulligan
William & Mary Bill of Rights Journal
No abstract provided.
Faulty Foundations: How The False Analogy To Routine Fingerprinting Undermines The Argument For Arrestee Dna Sampling, Corey Preston
Faulty Foundations: How The False Analogy To Routine Fingerprinting Undermines The Argument For Arrestee Dna Sampling, Corey Preston
William & Mary Bill of Rights Journal
No abstract provided.
Hate Speech And Harassment: The Constitutionality Of Campus Codes That Prohibit Racial Insults, Alan E. Brownstein
Hate Speech And Harassment: The Constitutionality Of Campus Codes That Prohibit Racial Insults, Alan E. Brownstein
William & Mary Bill of Rights Journal
No abstract provided.
Protecting Victims From Themselves, But Not Necessarily From Abusers: Issuing A No-Contact Order Over The Objection Of The Victim-Spouse, Robert F. Friedman
Protecting Victims From Themselves, But Not Necessarily From Abusers: Issuing A No-Contact Order Over The Objection Of The Victim-Spouse, Robert F. Friedman
William & Mary Bill of Rights Journal
No abstract provided.
The Inherent Structure Of Free Speech Law, Joshua P. Davis, Joshua D. Rosenberg
The Inherent Structure Of Free Speech Law, Joshua P. Davis, Joshua D. Rosenberg
William & Mary Bill of Rights Journal
To date no one has discovered a set of organizing principles for free speech doctrine, an area of the law that has been criticized as complex, ad hoc, and even incoherent. We provide a framework that distills free speech law down to three judgments: the first about the role of government; the second about the target of government regulation; and the third a constrained cost-benefit analysis. The framework can be summarized by three propositions: first, the Constitution constrains government if it regulates private speech, but not if government speaks, sponsors speech or restricts expression in managing an internal governmental function; …
Oral Dissenting On The Supreme Court, Christopher W. Schmidt, Carolyn Shapiro
Oral Dissenting On The Supreme Court, Christopher W. Schmidt, Carolyn Shapiro
William & Mary Bill of Rights Journal
In this Article we offer the first comprehensive evaluation of oral dissenting on the Supreme Court. We examine the practice in both historical and contemporary perspective, take stock of the emerging academic literature on the subject, and suggest a new framework for analysis of oral dissenting. Specifically, we put forth several claims. Contrary to the common assumption of scholarship and media coverage, oral dissents are nothing new. Oral dissenting has a long tradition, and its history provides valuable lessons for understanding the potential and limits of oral dissents today. Furthermore, not all oral dissents are alike. Dissenting Justices may have …
The Constitutional Right To Hunt: New Recognition Of An Old Liberty In Virginia, Stephen P. Halbrook
The Constitutional Right To Hunt: New Recognition Of An Old Liberty In Virginia, Stephen P. Halbrook
William & Mary Bill of Rights Journal
No abstract provided.
Government Identity Speech And Religion: Establishment Clause Limits After Summum, Mary Jean Dolan
Government Identity Speech And Religion: Establishment Clause Limits After Summum, Mary Jean Dolan
William & Mary Bill of Rights Journal
This Article offers in-depth analysis of the opinions in Pleasant Grove v. Summum. Summum is a significant case because it expands “government speech” to cover broad, thematic government identity messages in the form of donated monuments, including the much-litigated Fraternal Order of Eagles-donated Ten Commandments. The Article explores the fine distinctions between the new “government speech doctrine”— a defense in Free Speech Clause cases that allows government to express its own viewpoint and to reject alternative views—and “government speech” analyzed under the Establishment Clause, which prohibits government from expressing a viewpoint on religion, and from favoring some religions over others. …
Color Conscious: The Unconstitutionality Of Adoptive Parents' Expression Of Racial Preferences In The Adoption Process, Colin Schlueter
Color Conscious: The Unconstitutionality Of Adoptive Parents' Expression Of Racial Preferences In The Adoption Process, Colin Schlueter
William & Mary Bill of Rights Journal
No abstract provided.
Fundamentalism, The First Amendment, And The Rise Of The Religious Right, Randall Balmer
Fundamentalism, The First Amendment, And The Rise Of The Religious Right, Randall Balmer
William & Mary Bill of Rights Journal
No abstract provided.
The Nonproblem Of Fundamentalism, Andrew Koppelman
The Nonproblem Of Fundamentalism, Andrew Koppelman
William & Mary Bill of Rights Journal
No abstract provided.
The "Licentiousness" In Religious Organizations And Why It Is Not Protected Under Religious Liberty Constitutional Provisions, Marci A. Hamilton
The "Licentiousness" In Religious Organizations And Why It Is Not Protected Under Religious Liberty Constitutional Provisions, Marci A. Hamilton
William & Mary Bill of Rights Journal
No abstract provided.
Fundamentalist Challenges To Core Democratic Values: Exit And Homeschooling, Catherine J. Ross
Fundamentalist Challenges To Core Democratic Values: Exit And Homeschooling, Catherine J. Ross
William & Mary Bill of Rights Journal
No abstract provided.
No Ambiguity Left Behind: A Discussion Of The Clear Statement Rule And The Unfunded Mandates Clause Of No Child Left Behind, Andrew G. Caffrey
No Ambiguity Left Behind: A Discussion Of The Clear Statement Rule And The Unfunded Mandates Clause Of No Child Left Behind, Andrew G. Caffrey
William & Mary Bill of Rights Journal
No abstract provided.
Introduction: Perspectives On Religious Fundamentalism And Families In The U.S., Vivian E. Hamilton
Introduction: Perspectives On Religious Fundamentalism And Families In The U.S., Vivian E. Hamilton
William & Mary Bill of Rights Journal
No abstract provided.
God Of Our Fathers, Gods For Ourselves: Fundamentalism And Postmodern Belief, Frederick Mark Gedicks
God Of Our Fathers, Gods For Ourselves: Fundamentalism And Postmodern Belief, Frederick Mark Gedicks
William & Mary Bill of Rights Journal
No abstract provided.
Privatizing Family Law In The Name Of Religion, Robin Fretwell Wilson
Privatizing Family Law In The Name Of Religion, Robin Fretwell Wilson
William & Mary Bill of Rights Journal
No abstract provided.
Embryo Fundamentalism, June Carbone, Naomi Cahn
Embryo Fundamentalism, June Carbone, Naomi Cahn
William & Mary Bill of Rights Journal
No abstract provided.
Family Values, Courts, And Culture War: The Case Of Abstinence-Only Sex Education, John E. Taylor
Family Values, Courts, And Culture War: The Case Of Abstinence-Only Sex Education, John E. Taylor
William & Mary Bill of Rights Journal
No abstract provided.
Setting The Boundaries Of The Census Clause: Normitive And Legal Concerns Regarding The American Community Survey, Carrie Pixler
Setting The Boundaries Of The Census Clause: Normitive And Legal Concerns Regarding The American Community Survey, Carrie Pixler
William & Mary Bill of Rights Journal
No abstract provided.
Of Fat People And Fundamental Rights: The Constitutionality Of The New York City Trans-Fat Ban, Katharine Kruk
Of Fat People And Fundamental Rights: The Constitutionality Of The New York City Trans-Fat Ban, Katharine Kruk
William & Mary Bill of Rights Journal
No abstract provided.
The Election Period And Regulation Of The Democratic Process, Saul Zipkin
The Election Period And Regulation Of The Democratic Process, Saul Zipkin
William & Mary Bill of Rights Journal
No abstract provided.
Impeachment As Judicial Selection?, Tuan Samahon
Impeachment As Judicial Selection?, Tuan Samahon
William & Mary Bill of Rights Journal
No abstract provided.
Making Sense Of Facial And As-Applied Challenges, Alex Kreit
Making Sense Of Facial And As-Applied Challenges, Alex Kreit
William & Mary Bill of Rights Journal
No abstract provided.
Challenges To State Anti-Preference Laws And The Role Of Federal Courts, Michael E. Rosman
Challenges To State Anti-Preference Laws And The Role Of Federal Courts, Michael E. Rosman
William & Mary Bill of Rights Journal
No abstract provided.
The Sit-Ins And The State Action Doctrine, Christopher W. Schmidt
The Sit-Ins And The State Action Doctrine, Christopher W. Schmidt
William & Mary Bill of Rights Journal
By taking their seats at “whites only” lunch counters across the South in the spring of 1960, African American students not only launched a dramatic new stage in the civil rights movement, they also sparked a national reconsideration of the scope of the constitutional equal protection requirement. The critical constitutional question raised by the sit-in movement was whether the Fourteenth Amendment, which after Brown v. Board of Education1 prohibited racial segregation in schools and other stateoperated facilities, applied to privately owned accommodations open to the general public. From the perspective of the student protesters, the lunch counter operators, and most …