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Full-Text Articles in Law

Correspondence: November 6, 1990, Note Regarding The Lawton Chiles Rally, Sam Nunn Nov 1990

Correspondence: November 6, 1990, Note Regarding The Lawton Chiles Rally, Sam Nunn

Saffy Collection - All Textual Materials

A note from United States Senator Sam Nunn to Dr. Edna Saffy.


Presumed Frivolous: Application Of Stringent Pleading Requirements In Civil Rights Litigation, Douglas A. Blaze May 1990

Presumed Frivolous: Application Of Stringent Pleading Requirements In Civil Rights Litigation, Douglas A. Blaze

William & Mary Law Review

No abstract provided.


James Madison, Virginia Politics, And The Bill Of Rights, J. Gordon Hylton Feb 1990

James Madison, Virginia Politics, And The Bill Of Rights, J. Gordon Hylton

William & Mary Law Review

No abstract provided.


Revisiting The New Property After Twenty-Five Years, Paul R. Verkuil Feb 1990

Revisiting The New Property After Twenty-Five Years, Paul R. Verkuil

William & Mary Law Review

No abstract provided.


Constitutional Damages And Corrective Justice: A Different View, Sheldon Nahmod Feb 1990

Constitutional Damages And Corrective Justice: A Different View, Sheldon Nahmod

All Faculty Scholarship

No abstract provided.


James Madison, The Bill Of Rights, And The Problem Of The States, Charles F. Hobson Feb 1990

James Madison, The Bill Of Rights, And The Problem Of The States, Charles F. Hobson

William & Mary Law Review

No abstract provided.


A Cultural Historian's Reading Of Charles Reich's Impact On The Contemporary Discourse On "Welfare", Brigitte Fleischmann Feb 1990

A Cultural Historian's Reading Of Charles Reich's Impact On The Contemporary Discourse On "Welfare", Brigitte Fleischmann

William & Mary Law Review

No abstract provided.


Preserving The Bill Of Rights In The Modern Administrative-Industrial State, Rodney A. Smolla Feb 1990

Preserving The Bill Of Rights In The Modern Administrative-Industrial State, Rodney A. Smolla

William & Mary Law Review

No abstract provided.


On Hegel, On Slavery, But Not On My Head!, Guyora Binder Feb 1990

On Hegel, On Slavery, But Not On My Head!, Guyora Binder

Journal Articles

This Article, a sequel to “Mastery, Slavery and Emancipation,” amplified its claims that slaves conceptualized freedom primarily in solidaristic terms as social and political participation, and recognition rather than as individual autonomy or economic opportunity. It replied to skeptical objections offered by Critical Race Theorist Kendall Thomas and offered a solidaristic reading of the autobiographies of Fredercik Douglass and Sellah Martin.


Introduction To The Bill Of Rights At 200 Years: Bicentennial Perspectives, Rodney A. Smolla Feb 1990

Introduction To The Bill Of Rights At 200 Years: Bicentennial Perspectives, Rodney A. Smolla

William & Mary Law Review

No abstract provided.


The Trivialization Of The Bill Of Rights: One Historian's View Of How The Purposes Of The First Ten Amendments Have Been Defiled, Robert A. Rutland Feb 1990

The Trivialization Of The Bill Of Rights: One Historian's View Of How The Purposes Of The First Ten Amendments Have Been Defiled, Robert A. Rutland

William & Mary Law Review

No abstract provided.


The Madisonian Theory Of Rights, Jack N. Rakove Feb 1990

The Madisonian Theory Of Rights, Jack N. Rakove

William & Mary Law Review

No abstract provided.


The Liberty Impact Of The New Property, Charles A. Reich Feb 1990

The Liberty Impact Of The New Property, Charles A. Reich

William & Mary Law Review

No abstract provided.


Constitutional Damages And Corrective Justice: A Different View, Sheldon Nahmod Jan 1990

Constitutional Damages And Corrective Justice: A Different View, Sheldon Nahmod

Sheldon Nahmod

No abstract provided.


Gideon V. Wainwright Revisited: What Does The Right To Counsel Guarantee Today?, Michael B. Mushlin Jan 1990

Gideon V. Wainwright Revisited: What Does The Right To Counsel Guarantee Today?, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

In Gideon v. Wainwright, the Supreme Court unanimously held that indigent state felony defendants are constitutionally entitled to the appointment of trial counsel. The opinion aroused wide support, and even enthusiasm, almost from the moment it was announced in 1963. Two and a half decades later this support has not diminished. However, are the words of praise only lip service to the noble idea of the right to counsel? Has Gideon really made a difference? Has its promise of a fair shake for poor criminal defendants been kept, or has Gideon meant only that defendants are provided with the fleeting …


42 U.S.C. 1981 Does Not Provide A Remedy For Racial Harassment During Employment., Jeffrey A. Lacy Jan 1990

42 U.S.C. 1981 Does Not Provide A Remedy For Racial Harassment During Employment., Jeffrey A. Lacy

St. Mary's Law Journal

In Patterson v. McLean Credit Union, the United States Supreme Court held 42 U.S.C. § 1981 does not provide a remedy for racial harassment during employment. In 1976, in Runyon v. McCrary, the Court expanded the scope of § 1981 to cover private discrimination in contractual settings, including racial discrimination in private schools, when previously unavailable. More than a decade after the Runyon decision, the Supreme Court in Patterson, established that there were limits to § 1981’s applicability in private racial discrimination claims. Specifically, the Court held while § 1981 prohibits discriminatory conduct while entering into or enforcing a contract, …


Civil Rights And Civil Liberties Litigation: The Law Of Section 1983 (1986 & Cumulative Supp. 1990), Sheldon Nahmod Dec 1989

Civil Rights And Civil Liberties Litigation: The Law Of Section 1983 (1986 & Cumulative Supp. 1990), Sheldon Nahmod

Sheldon Nahmod

No abstract provided.


Presumptions Of Justice: Law, Politics, And The Mentally Retarded Parent, Robert L. Hayman Dec 1989

Presumptions Of Justice: Law, Politics, And The Mentally Retarded Parent, Robert L. Hayman

Robert L. Hayman

No abstract provided.