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Articles 1 - 27 of 27
Full-Text Articles in Law
Voter Knowledge And Constitutional Change: Assessing The New Deal Experience, Ilya Somin
Voter Knowledge And Constitutional Change: Assessing The New Deal Experience, Ilya Somin
William & Mary Law Review
No abstract provided.
What The Supreme Court Could Learn About The Child Online Protection Act By Reading Playboy, Shaun Richardson
What The Supreme Court Could Learn About The Child Online Protection Act By Reading Playboy, Shaun Richardson
William & Mary Bill of Rights Journal
Due to the ease of Internet searching, Congress has passed the Child Online Protection Act to protect children from sexually explicit material. Although the Supreme Court has not directly decided the issue, it has hinted that the Act may survive a First Amendment challenge. In this Note, the author argues reasons why the Act should not survive a First Amendment challenge, and that measures such as parental empowerment via government-facilitated use of Internet filtering software are preferable
The Jurisprudential Revolution: Unlocking Human Potential In Grutter And Lawrence, Wilson Huhn
The Jurisprudential Revolution: Unlocking Human Potential In Grutter And Lawrence, Wilson Huhn
William & Mary Bill of Rights Journal
No abstract provided.
Privacy Rights Versus Foia Disclosure Policy: The "Uses And Effects" Double Standard In Access To Personally-Identifiable Information In Government Records, Michael Hoefges, Martin E. Halstuk, Bill F. Chamberlin
Privacy Rights Versus Foia Disclosure Policy: The "Uses And Effects" Double Standard In Access To Personally-Identifiable Information In Government Records, Michael Hoefges, Martin E. Halstuk, Bill F. Chamberlin
William & Mary Bill of Rights Journal
The U.S. government maintains a vast amount of personally-identifiable information on millions of American citizens. Much of this information is contained in electronic databases maintained by federal agencies. Various Freedom of Information Act (FOIA) requesters, such as journalists, marketers, and union organizers seek this information for different purposes including investigative reporting and targeted solicitations. These kinds of uses are known as "derivative uses" because this government-compiled information is requested for purposes other than the official purposes for which the information was originally gathered. These and other derivative uses of personally-identifiable information often implicate privacy concerns. Conversely, restrictions on public access …
"Critical Stage": Extending The Right To Counsel To The Motion For New Trial Phase, Jonathan G. Neal
"Critical Stage": Extending The Right To Counsel To The Motion For New Trial Phase, Jonathan G. Neal
William & Mary Law Review
No abstract provided.
Using Statutes To Set Legislative Rules: Entrenchment, Separation Of Powers, And The Rules Of Proceedings Clause, Aaron-Andrew P. Bruhl
Using Statutes To Set Legislative Rules: Entrenchment, Separation Of Powers, And The Rules Of Proceedings Clause, Aaron-Andrew P. Bruhl
Faculty Publications
No abstract provided.
Rhetorically Reasonable Police Practices: Viewing The Supreme Court's Multiple Discourse Paths, Kathryn R. Urbonya
Rhetorically Reasonable Police Practices: Viewing The Supreme Court's Multiple Discourse Paths, Kathryn R. Urbonya
Faculty Publications
This Article analyzes the United States Supreme Court's numerous and shifting rhetorical discourse paths for declaring whether particular governmental practices constituted unreasonable searches or seizures under the Fourth Amendment to the United States Constitution. It examines how the Court has manipulated classic discourse paths arising from text, history, precedent and structure. It reveals that among and within each of these categories, the Court has created conflicting approaches. The Article argues that the Court's construction of Fourth Amendment reasonableness has depended upon which discourse paths it has selected as well as how it has characterized the values embedded within the discourse …
Section 7: Federalism In The Rehnquist Court, Institute Of Bill Of Rights Law, William & Mary Law School
Section 7: Federalism In The Rehnquist Court, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
The Rhetorical Uses Of Marbury V. Madison: The Emergence Of A "Great Case", Davison M. Douglas
The Rhetorical Uses Of Marbury V. Madison: The Emergence Of A "Great Case", Davison M. Douglas
Faculty Publications
Marbury v. Madison is today indisputably one of the "great cases" of American constitutional law because of its association with the principle of judicial review. But for much of its history, Marbury has not been regarded as a seminal decision. Between 1803 and 1887, the Supreme Court never once cited Marbury for the principle of judicial review, and nineteenth century constitutional law treatises were far more likely to cite Marbury for the decision's discussion of writs of mandamus or the Supreme Court's original jurisdiction than for its discussion of judicial review. During the late nineteenth century, however, the exercise of …
Bring Back The Draft?, Neal Devins
Constitutional Decision-Making Outside The Courts, Michael J. Gerhardt
Constitutional Decision-Making Outside The Courts, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Attitudes About Attitudes, Michael J. Gerhardt
Attitudes About Attitudes, Michael J. Gerhardt
Faculty Publications
No abstract provided.
The Revival Of "Privileges Or Immunities" And The Controversy Over State Bar Admission Requirements: The Makings Of A Future Constitutional Dilemma?, Wilson Pasley
William & Mary Bill of Rights Journal
The Supreme Court's 1999 decision in Saenz v. Roe relied upon the long ignored Privileges or Immunities Clause of the Fourteenth Amendment, which had laid dormant since the Slaughter-House Cases of more than a century ago. The Saenz decision sparked considerable debate as to the meaning of the Privileges or Immunities Clause and caused speculation as to the statutes vulnerable to a constitutional challenge under the Clause. This Note examines the potential impact of the Privileges or Immunities Clause on state bar admission requirements and other restrictions on the practice of law. It concludes that the Clause does not create …
Mandatory Fingerprinting Of Public School Teachers: Fascilitating Background Checks Or Infringing On Individuals' Constitutional Rights?, Christina Buschmann
Mandatory Fingerprinting Of Public School Teachers: Fascilitating Background Checks Or Infringing On Individuals' Constitutional Rights?, Christina Buschmann
William & Mary Bill of Rights Journal
With the continuing growth of governmental intrusions into the private lives of its citizens, critics increasingly have taken aim at state actions which unnecessarily burden an individual's right to be let alone. One group in particular - public school teachers - often endure tedious examinations of their private affairs as a condition of employment. This Note examines the current state of privacy concerns, specifically in the realm of public school teachers, and argues that a compromise must be struck that better balances the public's need to protect children from dangerous teachers with the individual teacher's right to privacy. The Note …
Establishment And Disestablishment At The Founding, Part I: Establishment Of Religion, Michael W. Mcconnell
Establishment And Disestablishment At The Founding, Part I: Establishment Of Religion, Michael W. Mcconnell
William & Mary Law Review
No abstract provided.
Regulating Political Parties Under A "Public Rights" First Amendment, Gregory P. Magarian
Regulating Political Parties Under A "Public Rights" First Amendment, Gregory P. Magarian
William & Mary Law Review
No abstract provided.
Congress, Civil Liberties, And The War On Terrorism, Neal Devins
Congress, Civil Liberties, And The War On Terrorism, Neal Devins
William & Mary Bill of Rights Journal
In exercising his war-making powers, the President has historically pursued war-related initiatives that implicate civil liberties. Meanwhile, the Congress, with little incentive to resist these initiatives, has played a steadily declining role in warmaking. In this Essay, Professor Devins examines this dynamic, and argues that with Congress largely standing on the sidelines as the President leads the nation in war, it is the American public that has become the principal check on the powers of the President in wartime.
Federalism And Formalism, Allison H. Eid
Federalism And Formalism, Allison H. Eid
William & Mary Bill of Rights Journal
Many commentators have criticized the Supreme Court's New Federalism decisions as "excessively formalistic. " In this Article, Professor Eid argues that this "standard critique" is wrong on both a descriptive and normative level. Descriptively, she argues that the standard critique mistakenly downplays the extent to which the New Federalism decisions consider the values that federalism serves, and contends that they employ the same sort of formalism/functionalism blend that is found in the Court's separation of powers jurisprudence. Professor Eid then contends that the standard critique's normative prescription - a case-by-case balancing test that would weigh the federal interest against the …
Treating The Pen And The Sword As Constitutional Equals: How And Why The Supreme Court Should Apply Its First Amendment Expertise To The Great Second Amendment Debate, David G. Browne
William & Mary Law Review
No abstract provided.
State Courts As Agents Of Federalism: Power And Interpretation In State Constitutional Law, James A. Gardner
State Courts As Agents Of Federalism: Power And Interpretation In State Constitutional Law, James A. Gardner
William & Mary Law Review
In the American constitutional tradition, federalism is commonly understood as a mechanism designed to institutionalize a kind of permanent struggle between state and national power. The same American constitutional tradition also holds that courts are basically passive institutions whose mission is to apply the law impartially while avoiding inherently political power struggles. These two commonplace understandings conflict on their face. The conflict may be dissolved for federal courts by conceiving their resistance to state authority as the impartial consequence of limitations on state power imposed by the United States Constitution. This reconciliation, however, is unavailable for state courts, which, by …
What If I Want My Kids To Watch Pornography?: Protecting Children From "Indecent" Speech, Ashutosh Bhagwat
What If I Want My Kids To Watch Pornography?: Protecting Children From "Indecent" Speech, Ashutosh Bhagwat
William & Mary Bill of Rights Journal
Under current First Amendment doctrine, a law directed at indecent speech is treated as "content-based" regulation of speech, and thus must satisfy the "strict scrutiny" test to survive constitutional challenge - the regulation must be narrowly tailored to advance a compelling state interest. A number of laws regulating indecent speech have been passed in recent years, and when challenged, the government has defended these regulations on the ground that the State has a compelling interest in the protection of children from harmful materials. Underlying this argument, however, is a deep ambiguity regarding the precise nature of the government's legitimate objectives …
Politics And Principle: An Alternative Take On Seth P. Waxman's Defending Congress, Neal Devins
Politics And Principle: An Alternative Take On Seth P. Waxman's Defending Congress, Neal Devins
Faculty Publications
No abstract provided.
The Uneasy Case For Department Of Justice Control Of Federal Litigation, Neal Devins, Michael Herz
The Uneasy Case For Department Of Justice Control Of Federal Litigation, Neal Devins, Michael Herz
Faculty Publications
No abstract provided.
Federalism, U.S. Style, James S. Heller
Federalism, U.S. Style, James S. Heller
Library Staff Publications
No abstract provided.
The Constitution Outside The Courts, Michael J. Gerhardt
The Constitution Outside The Courts, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Wagering On Religious Liberty, Nathan B. Oman
Wagering On Religious Liberty, Nathan B. Oman
Faculty Publications
No abstract provided.
Vectoral Federalism, Scott Dodson
Vectoral Federalism, Scott Dodson
Faculty Publications
In this Article, I offer a new framework for understanding federalism. “Vectoral federalism” engages directional metaphors—horizontal and vertical—to group various federalism doctrines together into two principal groups.Horizontal federalism concerns the battle between the federal and the state governments for the power to regulate individuals. Vertical federalism concerns the federal government’s power to regulate states and the states’ concomitant power to resist this regulation. Viewing federalism doctrines as having vertical or horizontal vectors (or both) identifies their common justifications and characteristics, which can assist in understanding and in applying the principles of federalism. The directional synthesis also illuminates and helps to …