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Articles 1 - 30 of 48
Full-Text Articles in Law
Introduction: The First And Second Annual Brigham-Kanner Property Rights Conferences
Introduction: The First And Second Annual Brigham-Kanner Property Rights Conferences
William & Mary Bill of Rights Journal
Presented at the Brigham-Kanner Property Rights Conference.
Reaffirming The Right To Pretrial Assistance: The Surprising Little Case Of Fellers V. United States, James K. Tomkovicz
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.
Are Credit Card Late Fees Unconstitutional?, Seana Valentine Shiffrin
Are Credit Card Late Fees Unconstitutional?, Seana Valentine Shiffrin
William & Mary Bill of Rights Journal
State Farm Mutual Automobile Insurance Co. v. Campbell articulated serious and specific constitutional constraints upon the imposition of punitive damages. Justice Kennedy's majority opinion announced that, apart from exceptional cases, punitive damages should not exceed nine times the amount of the actual losses sustained by the plaintiff and should usually be far lower. Indeed, the opinion observed, they typically should be much lower, citing double, treble, and quadruple multipliers as "instructive" examples. Some commentators have worried that the decision could adversely affect consumer interests by offering insulation for tortious behavior that is difficult to detect or litigate. This Article will …
Impact Of Richard A. Epstein, James W. Ely
Impact Of Richard A. Epstein, James W. Ely
William & Mary Bill of Rights Journal
Presented at the 2005 Brigham-Kanner Property Rights Conference.
Conflicting Commerce Clauses: How Raich And American Trucking Dishonor Their Doctrines, John W. Moorman
Conflicting Commerce Clauses: How Raich And American Trucking Dishonor Their Doctrines, John W. Moorman
William & Mary Bill of Rights Journal
No abstract provided.
Michelman As Doctrinalist, Gregory S. Alexander
Michelman As Doctrinalist, Gregory S. Alexander
William & Mary Bill of Rights Journal
Presented at the 2004 Brigham-Kanner Property Rights Conference.
The Contradiction Between Equal Protection's Meaning And Its Legal Substance: How Deliberate Indifference Can Cure It, Derek W. Black
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 lacks any basis …
E-Lawyering, The Aba's Current Choice Of Ethics Law Rule & The Dormant Commerce Clause Invalidates Model Rule 8.5(B)(2) When Applied To Attorney Internet Representations Of Clients, Michael W. Loudenslager
E-Lawyering, The Aba's Current Choice Of Ethics Law Rule & The Dormant Commerce Clause Invalidates Model Rule 8.5(B)(2) When Applied To Attorney Internet Representations Of Clients, Michael W. Loudenslager
William & Mary Bill of Rights Journal
The Internet is becoming the primary manner in which some attorneys serve clients. States have already taken differing views on whether it is acceptable for an attorney to engage in electronic representations of clients. Thus, determining what jurisdiction's law applies to such attorney conduct can be very important in deciding whether this activity constitutes the unauthorized practice of law and, if not, determining the exact duties of an attorney in such representations. This Article argues that the current version of Model Rule of Professional Responsibility 8.5(b), which governs choice of ethics law, can be interpreted to apply the legal ethics …
Sex Offenders In The Community: Their Public Persona And The Media's Corresponding Privilege To Report, Douglas Griswold
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.
Kelo's Moral Failure, Laura S. Underkuffler
Kelo's Moral Failure, Laura S. Underkuffler
William & Mary Bill of Rights Journal
Presented at the 2004 Brigham-Kanner Property Rights Conference.
Nuance And Complexity In Regulatory Takings Law, Gregory M. Stein
Nuance And Complexity In Regulatory Takings Law, Gregory M. Stein
William & Mary Bill of Rights Journal
Presented at the 2004 Brigham-Kanner Property Rights Conference.
Taking Stock Of Takings: An Author's Retrospective, Richard A. Epstein
Taking Stock Of Takings: An Author's Retrospective, Richard A. Epstein
William & Mary Bill of Rights Journal
Presented at the 2005 Brigham-Kanner Property Rights Conference.
Reconstrucing Richard Epstein, Eduardo M. Penalver
Reconstrucing Richard Epstein, Eduardo M. Penalver
William & Mary Bill of Rights Journal
Presented at the 2005 Brigham-Kanner Property Rights Conference.
Takings: An Appreciative Retrospective, Eric R. Claeys
Takings: An Appreciative Retrospective, Eric R. Claeys
William & Mary Bill of Rights Journal
Presented at the 2005 Brigham-Kanner Property Rights Conference.
In Katrina's Wake: Rethinking The Military's Role In Domestic Emergencies, Scott R. Tkacz
In Katrina's Wake: Rethinking The Military's Role In Domestic Emergencies, Scott R. Tkacz
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
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.
Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz
Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz
William & Mary Bill of Rights Journal
No abstract provided.
Pluralism And Public Legal Reason, Lawrence B. Solum
Pluralism And Public Legal Reason, Lawrence B. Solum
William & Mary Bill of Rights Journal
No abstract provided.
Religions, Fragmentations, And Doctrinal Limits, Frederick Mark Gedicks
Religions, Fragmentations, And Doctrinal Limits, Frederick Mark Gedicks
William & Mary Bill of Rights Journal
No abstract provided.
Empiricism, Religion, And Judicial Decision-Making, Stephen M. Feldman
Empiricism, Religion, And Judicial Decision-Making, Stephen M. Feldman
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
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.
Form And Substance In Parentage Law, Lynn D. Wardle
Form And Substance In Parentage Law, Lynn D. Wardle
William & Mary Bill of Rights Journal
No abstract provided.
Introduction: Religion, Division, And The Constitution, Richard W. Garnett
Introduction: Religion, Division, And The Constitution, Richard W. Garnett
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
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 intelligence …
Time To Overturn Turney, Paul A. Lafata
Time To Overturn Turney, Paul A. Lafata
William & Mary Bill of Rights Journal
No abstract provided.
Cutter And The Preferred Position Of The Free Exercise Clause, Steven Goldberg
Cutter And The Preferred Position Of The Free Exercise Clause, Steven Goldberg
William & Mary Bill of Rights Journal
No abstract provided.
A Clearing In The Forest: Infusing The Labor Union Dues Dispute With First Amendment Values, Harry G. Hutchinson
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 the …
From Stonewall To The Suburbs? Toward A Political Economy Of Sexuality, Angela P. Harris
From Stonewall To The Suburbs? Toward A Political Economy Of Sexuality, Angela P. Harris
William & Mary Bill of Rights Journal
No abstract provided.
Speech And The Self-Governance Value, Brian C. Murchison
Speech And The Self-Governance Value, Brian C. Murchison
William & Mary Bill of Rights Journal
No abstract provided.
Foreword: Disabling Brown, Michael Ashley Stein
Foreword: Disabling Brown, Michael Ashley Stein
William & Mary Bill of Rights Journal
No abstract provided.