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- United States Constitution 1st Amendment (8)
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Articles 1 - 25 of 25
Full-Text Articles in Law
The Market For Legal Education And Freedom Of Association: Why The "Solomon Amendment" Is Constitutional And Law Schools Are Not Expressive Associations, Andrew P. Morriss
The Market For Legal Education And Freedom Of Association: Why The "Solomon Amendment" Is Constitutional And Law Schools Are Not Expressive Associations, Andrew P. Morriss
William & Mary Bill of Rights Journal
This term the Supreme Court will confront the constitutionality of the Solomon Amendment, which mandates equal access for military recruiters at universities that accept federal funding. The Third Circuit previously held the statute unconstitutional. This Article argues that the Court should reverse and uphold the statute because the lower court failed to consider the cartelized nature of legal education and so assumed that law schools are "expressive associations" entitled to assert First Amendment claims; the court also failed to give proper deference to Congress's exercise of its Article I power to raise and support armies and over-valued law faculties' interest …
Cleaning Up The Eighth Amendment Mess, Tom Stacy
Cleaning Up The Eighth Amendment Mess, Tom Stacy
William & Mary Bill of Rights Journal
This article criticizes the Court's interpretation of the Eighth Amendment's Cruel and Unusual Punishment Clause and offers its own understanding. The Court's jurisprudence is plagued by deep inconsistencies concerning the Amendment's text, the Court's own role, and a constitutional requirement of proportionate punishment. In search of ways to redress these fundamental shortcomings, the article explores three alternative interpretations of the Clause: (1) a textualist approach; (2) Justice Scalia's understanding that the Clause forbids only punishments unacceptable for all offenses; and (3) a majoritarian approach that would consistently define cruel and unusual punishment in terms of legislative judgments and penal custom. …
Turning A Government Search Into A Permanent Power: Thornton V. United States And The "Progressive Distortion" Of Search Incident To Arrest, George M. Dery Iii, Michael J. Hernandez
Turning A Government Search Into A Permanent Power: Thornton V. United States And The "Progressive Distortion" Of Search Incident To Arrest, George M. Dery Iii, Michael J. Hernandez
William & Mary Bill of Rights Journal
No abstract provided.
Up Against The Wall Of Separation: The Question Of American Religious Democracy, Bruce Ledewitz
Up Against The Wall Of Separation: The Question Of American Religious Democracy, Bruce Ledewitz
William & Mary Bill of Rights Journal
No abstract provided.
"So Long As Our System Shall Exist": Myth, History, And The New Federalism, Paul D. Moreno
"So Long As Our System Shall Exist": Myth, History, And The New Federalism, Paul D. Moreno
William & Mary Bill of Rights Journal
This article provides the broad historical context necessary to understand contemporary developments in federalism doctrine. It shows that dual federalism has a long and varied history and that federalism is a content-neutral principle to which both sides in major political contests have appealed. It seeks to show that the predominant perspective on federalism today - that it is an inherently conservative principle - is the result of historical misperception. This article reinterprets the history of American federalism in light of recent historical scholarship concerning various periods: principally the country's founding; slavery, the Civil War, and Reconstruction; the late nineteenth-century social …
A Convenient Blanket Of Secrecy: The Oft-Cited But Nonexistent Housekeeping Privilege, William Bradley Russell Jr.
A Convenient Blanket Of Secrecy: The Oft-Cited But Nonexistent Housekeeping Privilege, William Bradley Russell Jr.
William & Mary Bill of Rights Journal
No abstract provided.
The Fear Factor: How Fcc Fines Are Chilling Free Speech, Noelle Coates
The Fear Factor: How Fcc Fines Are Chilling Free Speech, Noelle Coates
William & Mary Bill of Rights Journal
No abstract provided.
Ten Commandments, Nine Judges, And Five Versions Of One Amendment - The First. ("Now What?"), William W. Van Alstyne
Ten Commandments, Nine Judges, And Five Versions Of One Amendment - The First. ("Now What?"), William W. Van Alstyne
William & Mary Bill of Rights Journal
No abstract provided.
The Original Meaning Of The Establishment Clause, Robert G. Natelson
The Original Meaning Of The Establishment Clause, Robert G. Natelson
William & Mary Bill of Rights Journal
No abstract provided.
The Supreme Court And The Ten Commandments: Compounding The Establishment Clause Confusion, Jay A. Sekulow, Francis J. Manion
The Supreme Court And The Ten Commandments: Compounding The Establishment Clause Confusion, Jay A. Sekulow, Francis J. Manion
William & Mary Bill of Rights Journal
No abstract provided.
Upholding The Unbroken Tradition: Constitutional Acknowledgment Of The Ten Commandments In The Public Square, Greg Abbott
Upholding The Unbroken Tradition: Constitutional Acknowledgment Of The Ten Commandments In The Public Square, Greg Abbott
William & Mary Bill of Rights Journal
No abstract provided.
Comparative And Noncomparative Justice: Some Guidelines For Constitutional Adjudication, Raleigh Hannah Levine, Russell Pannier
Comparative And Noncomparative Justice: Some Guidelines For Constitutional Adjudication, Raleigh Hannah Levine, Russell Pannier
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.
The Supreme Court And The Federalist Papers: Is There Less Here Than Meets The Eye?, Melvyn R. Durchslag
The Supreme Court And The Federalist Papers: Is There Less Here Than Meets The Eye?, Melvyn R. Durchslag
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.
Safari Into The Snake Pit: The State-Created Danger Doctrine, Laura Oren
Safari Into The Snake Pit: The State-Created Danger Doctrine, Laura Oren
William & Mary Bill of Rights Journal
No abstract provided.
A Constitutional Defense Of Legislative History, Paul E. Mcgreal
A Constitutional Defense Of Legislative History, Paul E. Mcgreal
William & Mary Bill of Rights Journal
No abstract provided.
The Promise Of Equality: A Comparative Analysis Of The Constitutional Guarantees Of Equality In India And The United States, Nicole Lillibridge
The Promise Of Equality: A Comparative Analysis Of The Constitutional Guarantees Of Equality In India And The United States, Nicole Lillibridge
William & Mary Bill of Rights Journal
No abstract provided.
"Of" As A Loaded Word: Congress Tests The Boundaries Of Its Commerce Power With An Amendment To The Federal Murder-For-Hire Statute, Michael P. Murphy
"Of" As A Loaded Word: Congress Tests The Boundaries Of Its Commerce Power With An Amendment To The Federal Murder-For-Hire Statute, Michael P. Murphy
William & Mary Bill of Rights Journal
No abstract provided.
Racial Free-Riding On The Coattails Of A Dream Deferred: Can I Borrow Your Social Capital?, Maurice R. Dyson
Racial Free-Riding On The Coattails Of A Dream Deferred: Can I Borrow Your Social Capital?, Maurice R. Dyson
William & Mary Bill of Rights Journal
No abstract provided.
The Pledge As Sacred Political Ritual, Sheldon H. Nahmod
The Pledge As Sacred Political Ritual, Sheldon H. Nahmod
William & Mary Bill of Rights Journal
No abstract provided.
Grutter And The Passion Of Justice Thomas: A Response To Professor Kearney, Ronald Turner
Grutter And The Passion Of Justice Thomas: A Response To Professor Kearney, Ronald Turner
William & Mary Bill of Rights Journal
No abstract provided.
Curioser And Curioser: Involuntary Medications And Incompetent Criminal Defendents After Sell V. United States, Dora W. Klein
Curioser And Curioser: Involuntary Medications And Incompetent Criminal Defendents After Sell V. United States, Dora W. Klein
William & Mary Bill of Rights Journal
No abstract provided.
Filibuster Vs. Supermajority Rule: From Polarization To A Consensus- And Moderation-Forcing Mechanism For Judicial Confirmations, Brent Wible
William & Mary Bill of Rights Journal
No abstract provided.
But Could They Pray At Uva? The Fourth Circuit's Application Of The Supreme Court's School Prayer Jurisprudence To The Virginia Military Institute's Adult Cadets, Alexander A. Minard
But Could They Pray At Uva? The Fourth Circuit's Application Of The Supreme Court's School Prayer Jurisprudence To The Virginia Military Institute's Adult Cadets, Alexander A. Minard
William & Mary Bill of Rights Journal
No abstract provided.