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Full-Text Articles in Law
Law And Human Dignity: The Judicial Soul Of Justice Brennan, Stephen J. Wermiel
Law And Human Dignity: The Judicial Soul Of Justice Brennan, Stephen J. Wermiel
William & Mary Bill of Rights Journal
The concept of human dignity has emerged in the United States in recent decades as an important theoretical and sometimes practical source of individual rights and liberties. Human dignity is cited in jurisprudential writings and discussed in some court opinions as a means of enhancing the broad phrases of the Bill of Rights and the Fourteenth Amendment. This Essay examines the pivotal role that the late Justice William J. Brennan, Jr., played on the United States Supreme Court in making concepts of human dignity a valued and essential part of rights formulation. This essay explores Justice Brennan 's vision of …
The Moral Failure Of The Clear And Present Danger Test, David R. Dow
The Moral Failure Of The Clear And Present Danger Test, David R. Dow
William & Mary Bill of Rights Journal
The clear and present danger test has been used for almost a century to determine the speech the government may restrain. This test assumes that at some point speech transforms into an act and at that moment the speech becomes punishable. Under the clear and present danger test, the First Amendment does not protect speech that is an incitement to imminent lawless action. Professor Dow suggests that the clear and present danger test protects too little speech. He posits that speech should be protected unless the following three conditions are met: (1) the speaker's specific intent in uttering the words …
Justice John Marshall Harlan As Prophet: The Plessy Dissenter's Color-Blind Constitution, Molly Townes O'Brien
Justice John Marshall Harlan As Prophet: The Plessy Dissenter's Color-Blind Constitution, Molly Townes O'Brien
William & Mary Bill of Rights Journal
The concept of color-blindness has long elicited much debate over its precise meaning and the role it should play in jurisprudence. Such debate was catalyzed by Justice John Marshall Harlan's well-known Plessy dissent. In the wake of the efforts of both civil rights activists and conservatives to use color-blindness to further their respective goals, Professor O'Brien seeks to clarify Harlan's vision of color-blind jurisprudence and examines the ways in which recent Supreme Court decisions echo Harlan's concepts regarding a color-blind constitution.
Professor O'Brien first provides a brief introduction to the concept of color-blindness. O'Brien then examines Harlan's experiences in politics …
Justice Or Injustice For The Poor?: A Look At The Constitutionality Of Congressional Restrictions On Legal Services, J. Dwight Yoder
Justice Or Injustice For The Poor?: A Look At The Constitutionality Of Congressional Restrictions On Legal Services, J. Dwight Yoder
William & Mary Bill of Rights Journal
Upon enacting the Legal Services Corporation Act in 1974, Congress created the Legal Services Corporation (LSC), which provides federal funding to grantees that perform legal services for low-income individuals. In recent years, Congress has enacted restrictions upon grantees' receipt of such federal funding, limiting the legal services these legal aid attorneys can provide to their clients. This move has sparked great debate. Proponents of the restrictions argue that they are needed to correct abuse and misuse of the legal services program, while opponents argue that the restrictions only harm low-income individuals.
In this Note, the author addresses this controversial issue …
How Not To Challenge The Court, Neal Devins
How Not To Challenge The Court, Neal Devins
William & Mary Law Review
No abstract provided.
Justice O'Conner's Dilemma: The Baseline Question, Suzanna Sherry
Justice O'Conner's Dilemma: The Baseline Question, Suzanna Sherry
William & Mary Law Review
No abstract provided.
Why Now Is Not The Time For Constitutional Amendment: The Limited Reach Of City Of Boerne V. Flores, Kent Greenawalt
Why Now Is Not The Time For Constitutional Amendment: The Limited Reach Of City Of Boerne V. Flores, Kent Greenawalt
William & Mary Law Review
No abstract provided.
Two Section Twos And Two Section Fives: Voting Rights And Remedies After Flores, Pamela S. Karlan
Two Section Twos And Two Section Fives: Voting Rights And Remedies After Flores, Pamela S. Karlan
William & Mary Law Review
No abstract provided.
The Religious Freedom Restoration Act Is A Constitutional Expansion Of Rights, Erwin Chemerinsky
The Religious Freedom Restoration Act Is A Constitutional Expansion Of Rights, Erwin Chemerinsky
William & Mary Law Review
No abstract provided.
Rfra, David P. Currie
Why The Congress Was Wrong And The Court Was Right - Reflections On City Of Boerne V. Flores, Ira C. Lupu
Why The Congress Was Wrong And The Court Was Right - Reflections On City Of Boerne V. Flores, Ira C. Lupu
William & Mary Law Review
No abstract provided.
Judicial Supremacy And The Settlement Function, Robert F. Nagel
Judicial Supremacy And The Settlement Function, Robert F. Nagel
William & Mary Law Review
No abstract provided.
Two Versions Of Judicial Supremacy, Mark Tushnet
Two Versions Of Judicial Supremacy, Mark Tushnet
William & Mary Law Review
No abstract provided.
City Of Boerne V. Flores: A Landmark For Structural Analysis, Marci A. Hamilton
City Of Boerne V. Flores: A Landmark For Structural Analysis, Marci A. Hamilton
William & Mary Law Review
No abstract provided.
Freedom From Persecution Or Protection Of The Rights Of Conscience?: A Critique Of Justice Scalia's Historical Arguments In City Of Boerne V. Flores, Michael W. Mcconnell
Freedom From Persecution Or Protection Of The Rights Of Conscience?: A Critique Of Justice Scalia's Historical Arguments In City Of Boerne V. Flores, Michael W. Mcconnell
William & Mary Law Review
No abstract provided.