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Articles 1 - 30 of 44

Full-Text Articles in Law

Conflicting Commerce Clauses: How Raich And American Trucking Dishonor Their Doctrines, John W. Moorman Dec 2006

Conflicting Commerce Clauses: How Raich And American Trucking Dishonor Their Doctrines, John W. Moorman

William & Mary Bill of Rights Journal

No abstract provided.


Reaffirming The Right To Pretrial Assistance: The Surprising Little Case Of Fellers V. United States, James K. Tomkovicz Dec 2006

Reaffirming The Right To Pretrial Assistance: The Surprising Little Case Of Fellers V. United States, James K. Tomkovicz

William & Mary Bill of Rights Journal

No abstract provided.


Sex Offenders In The Community: Their Public Persona And The Media's Corresponding Privilege To Report, Douglas Griswold Dec 2006

Sex Offenders In The Community: Their Public Persona And The Media's Corresponding Privilege To Report, Douglas Griswold

William & Mary Bill of Rights Journal

No abstract provided.


The Contradiction Between Equal Protection's Meaning And Its Legal Substance: How Deliberate Indifference Can Cure It, Derek W. Black Dec 2006

The Contradiction Between Equal Protection's Meaning And Its Legal Substance: How Deliberate Indifference Can Cure It, Derek W. Black

William & Mary Bill of Rights Journal

This Article highlights the inherent ambiguities of racial antidiscrimination's core legal language: "equal protection under the law" and "discrimination based on race." It then analyzes how and why the Court has never answered fundamental questions regarding the meaning of these terms. Thus, this Article answers these fundamental questions itself by exploring the original intent behind the Equal Protection Clause. Against this backdrop, this Article reveals how the Court's standard for assessing discrimination claims, the intent doctrine, assumes a meaning for equal protection that is inconsistent with its original meaning. Rather than reflecting equal protection's meaning, the standard ...


Dumbo's Feather: An Examination And Critque Of The Supreme Court's Use, Misuse, And Abuse Of Tradition In Protecting Fundamental Rights, Ronald J. Krotoszynski Jr. Dec 2006

Dumbo's Feather: An Examination And Critque Of The Supreme Court's Use, Misuse, And Abuse Of Tradition In Protecting Fundamental Rights, Ronald J. Krotoszynski Jr.

William & Mary Law Review

The Justices of the Supreme Court have a great deal in common with the gifted pachyderm from the Walt Disney animated classic feature Dumbo. Like Dumbo's "magic" feather that purportedly enabled him to exercise his natural ability to fly, the tradition limitation on the Court's jurisprudence on unenumerated fundamental constitutional rights provides a more-apparent-than real constraint on the Court's almost unlimited ability to nullify legislative and executive action. In all too many substantive due process cases, reason seems to follow a predetermined result, rather than the result in the case following from the applicable governing principles. In ...


How To Survive A Terrorist Attack: The Constitution's Majority Quorum Requirement And The Continuity Of Congress, John Bryan Williams Dec 2006

How To Survive A Terrorist Attack: The Constitution's Majority Quorum Requirement And The Continuity Of Congress, John Bryan Williams

William & Mary Law Review

Since their realization that United Airlines Flight 93 was headed toward the U.S. Capitol on the morning of September 11, 2001, legislators and policymakers have been debating how the legislative branch would continue functioning in the aftermath of a terrorist attack that killed or incapacitated large numbers of sehators or representatives. This Article reviews the current House and Senate "Continuity of Congress"plans, and argues they are both practically and constitutionally inadequate. Focusing particularly on the Constitution's majority quorum requirement in Article I, Section Five, Clause One, this Article argues that a House or Senate operating in accordance ...


Corporate Speech, Securities Regulation, And An Institutional Approach To The First Amendment, Michael R. Siebecker Nov 2006

Corporate Speech, Securities Regulation, And An Institutional Approach To The First Amendment, Michael R. Siebecker

William & Mary Law Review

Does the First Amendment shield politically tinged corporate speech from the compelled disclosure and reporting requirements embedded in the U.S. securities laws? The question arises in the securities regulation context because of an impending jurisprudential train wreck between the Supreme Court's commercial speech doctrine and its approach to corporate political speech. As corporations begin mixing commercial messages with political commentary, First Amendment jurisprudence simply provides insufficient guidance on the role government should play in regulating that speech. Although First Amendment jurisprudence generally counsels against governmental restrictions on corporate political speech without regard to the truth or falsity of ...


The New Line Item Veto Proposal: This Time It’S Constitutional (Mostly), Aaron-Andrew P. Bruhl Oct 2006

The New Line Item Veto Proposal: This Time It’S Constitutional (Mostly), Aaron-Andrew P. Bruhl

Faculty Publications

No abstract provided.


Empiricism, Religion, And Judicial Decision-Making, Stephen M. Feldman Oct 2006

Empiricism, Religion, And Judicial Decision-Making, Stephen M. Feldman

William & Mary Bill of Rights Journal

No abstract provided.


Federalism, Positive Law, And The Emergence Of The American Administrative State: Prohibition In The Taft Court Era, Robert Post Oct 2006

Federalism, Positive Law, And The Emergence Of The American Administrative State: Prohibition In The Taft Court Era, Robert Post

William & Mary Law Review

This Article offers a detailed analysis of major Taft Court decisions involving prohibition, including Olmstead v. United States, Carroll v. United States, United States v. Lanza, Lambert v. Yellowley, and Tumey v. Ohio. Prohibition, and the Eighteenth Amendment by which it was constitutionally entrenched, was the result of a social movement that fused progressive beliefs in efficiency with conservative beliefs in individual responsibility and self-control.

During the 1920s the Supreme Court was a strictly "bone-dry"institution that regularly sustained the administrative and law enforcement techniques deployed by the federal government in its losing effort to prevent the manufacture and sale ...


Religions, Fragmentations, And Doctrinal Limits, Frederick Mark Gedicks Oct 2006

Religions, Fragmentations, And Doctrinal Limits, Frederick Mark Gedicks

William & Mary Bill of Rights Journal

No abstract provided.


Introduction: Religion, Division, And The Constitution, Richard W. Garnett Oct 2006

Introduction: Religion, Division, And The Constitution, Richard W. Garnett

William & Mary Bill of Rights Journal

No abstract provided.


Pluralism And Public Legal Reason, Lawrence B. Solum Oct 2006

Pluralism And Public Legal Reason, Lawrence B. Solum

William & Mary Bill of Rights Journal

No abstract provided.


A House Divided? What Social Science Has To Say About The Culture War, David E. Campbell Oct 2006

A House Divided? What Social Science Has To Say About The Culture War, David E. Campbell

William & Mary Bill of Rights Journal

No abstract provided.


Religious Tests In The Mirror: The Constitutional Law And Constitutional Etiquette Of Religion In Judicial Nominations, Paul Horwitz Oct 2006

Religious Tests In The Mirror: The Constitutional Law And Constitutional Etiquette Of Religion In Judicial Nominations, Paul Horwitz

William & Mary Bill of Rights Journal

No abstract provided.


The Constitutional Infirmity Of Warrantless Nsa Surveillance: The Abuse Of Presidential Power And The Injury To The Fourth Amendment, Robert Bloom, William J. Dunn Oct 2006

The Constitutional Infirmity Of Warrantless Nsa Surveillance: The Abuse Of Presidential Power And The Injury To The Fourth Amendment, Robert Bloom, William J. Dunn

William & Mary Bill of Rights Journal

In the past year, there have been many revelations about the tactics used by the Bush administration to prosecute its war on terrorism. These stories involve the exploitation of technologies that allow the government, with the cooperation of phone companies and financial institutions, to access phone and financial records. This Article focuses on the revelation and widespread criticism of the Bush administration's operation of a warrantless electronic surveillance program to monitor international phone calls and e-mails that originate or terminate with a United States party. The powerful and secret National Security Agency heads the program and leverages its significant ...


Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz Oct 2006

Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz

William & Mary Bill of Rights Journal

No abstract provided.


Gender Equality And Women's Solidarity Across Religious, Ethnic, And Class Differences In The Kenyan Constitutional Review Process, Athena D. Mutua Oct 2006

Gender Equality And Women's Solidarity Across Religious, Ethnic, And Class Differences In The Kenyan Constitutional Review Process, Athena D. Mutua

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Section 1: Moot Court, Partial Birth Abortion, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law Sep 2006

Section 1: Moot Court, Partial Birth Abortion, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


Tom Delay: Popular Constitutionalist?, Neal Devins Jul 2006

Tom Delay: Popular Constitutionalist?, Neal Devins

Faculty Publications

No abstract provided.


Protecting Our Children And The Constitution: An Analysis Of The "Virtual" Child Pornography Provisions Of The Protect Act Of 2003, James Nicholas Kornegay Apr 2006

Protecting Our Children And The Constitution: An Analysis Of The "Virtual" Child Pornography Provisions Of The Protect Act Of 2003, James Nicholas Kornegay

William & Mary Law Review

No abstract provided.


Property, Place, And Public Discourse, Timothy Zick Apr 2006

Property, Place, And Public Discourse, Timothy Zick

Faculty Publications

No abstract provided.


A Clearing In The Forest: Infusing The Labor Union Dues Dispute With First Amendment Values, Harry G. Hutchinson Apr 2006

A Clearing In The Forest: Infusing The Labor Union Dues Dispute With First Amendment Values, Harry G. Hutchinson

William & Mary Bill of Rights Journal

This article deploys public choice theory and postmodem identity claims to develop a far-reaching understanding of the union dues dispute, which suggests that the burden of proof on the existence of and/or the possibility of an enduring union community should be placed on proponents of this view. While the postmodern project can be seen as an unsettled approach that is riven by coherency issues, not the least, its insistence on offering the good without the true, it supplies modest benefits by revealing the conceivably infinite varieties of human preferences in contemporary America. The absence of preference convergence, understood from ...


Sexuality And Sovereignty: The Global Limits And Possibilities Of A Lawrence, Sonia K. Katyal Apr 2006

Sexuality And Sovereignty: The Global Limits And Possibilities Of A Lawrence, Sonia K. Katyal

William & Mary Bill of Rights Journal

No abstract provided.


Confrontation, Equity, And The Misnamed Exception For "Forfeiture" By Wrongdoing, James F. Flanagan Apr 2006

Confrontation, Equity, And The Misnamed Exception For "Forfeiture" By Wrongdoing, James F. Flanagan

William & Mary Bill of Rights Journal

No abstract provided.


Cutter And The Preferred Position Of The Free Exercise Clause, Steven Goldberg Apr 2006

Cutter And The Preferred Position Of The Free Exercise Clause, Steven Goldberg

William & Mary Bill of Rights Journal

No abstract provided.


Speech And The Self-Governance Value, Brian C. Murchison Apr 2006

Speech And The Self-Governance Value, Brian C. Murchison

William & Mary Bill of Rights Journal

No abstract provided.


Foreward: Disabling Brown, Michael Ashley Stein Apr 2006

Foreward: Disabling Brown, Michael Ashley Stein

William & Mary Bill of Rights Journal

No abstract provided.


The Backlash Thesis And Same-Sex Massiage: Learning From Brown V. Board Of Education And Its Aftermath, Carlos A. Ball Apr 2006

The Backlash Thesis And Same-Sex Massiage: Learning From Brown V. Board Of Education And Its Aftermath, Carlos A. Ball

William & Mary Bill of Rights Journal

No abstract provided.


Is Economic Exclusion A Legitimate State Interest? Four Recent Cases Test The Boundaries, Timothy Sandefur Feb 2006

Is Economic Exclusion A Legitimate State Interest? Four Recent Cases Test The Boundaries, Timothy Sandefur

William & Mary Bill of Rights Journal

No abstract provided.