Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (107)
- Supreme Court of the United States (12)
- First Amendment (7)
- President/Executive Department (7)
- Fourteenth Amendment (6)
-
- Political Science (5)
- Social and Behavioral Sciences (5)
- Courts (4)
- Legal History (3)
- American Politics (2)
- Law and Politics (2)
- Bankruptcy Law (1)
- Civil Rights and Discrimination (1)
- Comparative and Foreign Law (1)
- Conflict of Laws (1)
- Criminal Law (1)
- Election Law (1)
- Environmental Law (1)
- Fourth Amendment (1)
- Health Law and Policy (1)
- International Relations (1)
- Juvenile Law (1)
- Legal Biography (1)
- Legal Education (1)
- Legal Profession (1)
- National Security Law (1)
- Privacy Law (1)
- Property Law and Real Estate (1)
- Rule of Law (1)
- Publication Year
- Publication
- Publication Type
Articles 91 - 119 of 119
Full-Text Articles in Law
Seventh Amendment Right To Jury Trial In Non-Article Iii Proceedings: A Study In Dysfunctional Constitutional Theory, Martin H. Redish, Daniel J. La Fave
Seventh Amendment Right To Jury Trial In Non-Article Iii Proceedings: A Study In Dysfunctional Constitutional Theory, Martin H. Redish, Daniel J. La Fave
William & Mary Bill of Rights Journal
The right to a jury trial in civil cases, as enumerated in the Seventh Amendment to the United States Constitution, is an integral part of the Bill of Rights. Nevertheless, in this Article, Professor Redish and Mr. La Fave argue that the Supreme Court has failed to preserve this right when Congress has relegated claims to a non-Article III forum. Furthermore, they argue, the Court has done so without providing any basis in constitutional theory to justify such a relinquishment.
Professor Redish and Mr. La Fave first examine the Supreme Court's interpretation of the Seventh Amendment in instances where Congress …
A Tale Of Two Textualists: A Critical Comparison Of Justices Black And Scalia, Michael J. Gerhardt
A Tale Of Two Textualists: A Critical Comparison Of Justices Black And Scalia, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Foreword: Elected Branch Influences In Constitutional Decisionmaking, Neal Devins
Foreword: Elected Branch Influences In Constitutional Decisionmaking, Neal Devins
Faculty Publications
No abstract provided.
The Central Meaning Of The Fourth Amendment, Tracey Maclin
The Central Meaning Of The Fourth Amendment, Tracey Maclin
William & Mary Law Review
No abstract provided.
The Left, The Right, And Certainty In Constitutional Law, Gene R. Nichol
The Left, The Right, And Certainty In Constitutional Law, Gene R. Nichol
William & Mary Law Review
No abstract provided.
Looking Down From The Hill: Factors Determining The Success Of Congressional Efforts To Reverse Supreme Court Interpretations Of The Constitution, Mark E. Herrmann
Looking Down From The Hill: Factors Determining The Success Of Congressional Efforts To Reverse Supreme Court Interpretations Of The Constitution, Mark E. Herrmann
William & Mary Law Review
No abstract provided.
Correspondence: The Stuff Of Constitutional Law, Neal Devins
Correspondence: The Stuff Of Constitutional Law, Neal Devins
Faculty Publications
No abstract provided.
Textualism, Constitutionalism, And Federal Statutes, Jerry L. Mashaw
Textualism, Constitutionalism, And Federal Statutes, Jerry L. Mashaw
William & Mary Law Review
No abstract provided.
United States V. United States: When Can The Federal Government Sue Itself?, Michael Herz
United States V. United States: When Can The Federal Government Sue Itself?, Michael Herz
William & Mary Law Review
No abstract provided.
Harmful Speech And The Culture Of Indeterminacy, Anthony D'Amato
Harmful Speech And The Culture Of Indeterminacy, Anthony D'Amato
William & Mary Law Review
No abstract provided.
Freedom Of Speech And The Flag Anti-Desecration Amendment: Antinomies Of Constitutional Choice, William W. Van Alstyne
Freedom Of Speech And The Flag Anti-Desecration Amendment: Antinomies Of Constitutional Choice, William W. Van Alstyne
Faculty Publications
No abstract provided.
The Role Of Precedent In Constitutional Decisionmaking And Theory, Michael J. Gerhardt
The Role Of Precedent In Constitutional Decisionmaking And Theory, Michael J. Gerhardt
Faculty Publications
No abstract provided.
The Impact Of Substantive Interests On The Law Of Federal Courts, Michael Wells
The Impact Of Substantive Interests On The Law Of Federal Courts, Michael Wells
William & Mary Law Review
No abstract provided.
The Committee On The Constitutional System Proposals: Coherence And Dominance, Philip C. Bobbitt
The Committee On The Constitutional System Proposals: Coherence And Dominance, Philip C. Bobbitt
William & Mary Law Review
No abstract provided.
"We Do Ordain And Establish": The Constitution As Literary Text, Robert A. Ferguson
"We Do Ordain And Establish": The Constitution As Literary Text, Robert A. Ferguson
William & Mary Law Review
No abstract provided.
Our "Sacred" Constitution - Another View Of The Constitution As Literary Text, Michael Les Benedict
Our "Sacred" Constitution - Another View Of The Constitution As Literary Text, Michael Les Benedict
William & Mary Law Review
No abstract provided.
The Constitution As Text And Rule, Frederick Schauer
The Constitution As Text And Rule, Frederick Schauer
William & Mary Law Review
No abstract provided.
Commentary On Law: Wallowing In Intention, Gene R. Nichol
Commentary On Law: Wallowing In Intention, Gene R. Nichol
Faculty Publications
No abstract provided.
The Idea Of The Constitution As Hard Law, William W. Van Alstyne
The Idea Of The Constitution As Hard Law, William W. Van Alstyne
Faculty Publications
No abstract provided.
Prior Restraint: Original Intentions And Modern Interpretations, Jeffrey A. Smith
Prior Restraint: Original Intentions And Modern Interpretations, Jeffrey A. Smith
William & Mary Law Review
No abstract provided.
Injury And The Disintegration Of Article Iii, Gene R. Nichol
Injury And The Disintegration Of Article Iii, Gene R. Nichol
Faculty Publications
No abstract provided.
A Lesson In Incaution, Overwork, And Fatigue: The Judicial Miscraftsmanship Of Segura V. United States, Joshua Dressler
A Lesson In Incaution, Overwork, And Fatigue: The Judicial Miscraftsmanship Of Segura V. United States, Joshua Dressler
William & Mary Law Review
No abstract provided.
The Constitutional Organization Of The Government, Gerhard Casper
The Constitutional Organization Of The Government, Gerhard Casper
William & Mary Law Review
No abstract provided.
Children Of Distant Fathers: Sketching An Ethos Of Constitutional Liberty, Gene R. Nichol
Children Of Distant Fathers: Sketching An Ethos Of Constitutional Liberty, Gene R. Nichol
Faculty Publications
In this article, Professor Gene R. Nichol argues for a constitutional right to self-governance that legitimizes the court's inquiry into the nature of fundamental personal rights. He locates this right in the ninth amendment, which affords protection to unlisted liberties. The clearest statement of the American commitment to selfgovernance, he argues, is found in Thomas Jefferson's Declaration of Independence, and in the philosophy of Jeffersonian individualism. Drawing on the writing of Jefferson and Lincoln, Professor Nichol asserts that our society has committed itself to "the progressive unfolding of individual sovereignty." Critics of the United States Supreme Court's decisions that give …
Congress, The Constitution, And The Appellate Jurisdiction Of The Supreme Court: The Letter And The Spirit Of The Exceptions Clause, Ralph A. Rossum
Congress, The Constitution, And The Appellate Jurisdiction Of The Supreme Court: The Letter And The Spirit Of The Exceptions Clause, Ralph A. Rossum
William & Mary Law Review
No abstract provided.
Interpreting This Constitution: The Unhelpful Contributions Of Special Theories Of Judicial Review, William W. Van Alstyne
Interpreting This Constitution: The Unhelpful Contributions Of Special Theories Of Judicial Review, William W. Van Alstyne
Faculty Publications
This paper examines several different theories surrounding judicial review and finds many of these theories lacking. Modern trends of literal interpretations and precise language have removed the optimistic nature of Constitutional language and is largely responsible for the hesitancy of other nations to adopt a supreme constitution.
A Graphic Review Of The Free Speech Clause, William W. Van Alstyne
A Graphic Review Of The Free Speech Clause, William W. Van Alstyne
Faculty Publications
No abstract provided.
An Essay On Constitutional Language, Frederick Schauer
An Essay On Constitutional Language, Frederick Schauer
Faculty Publications
No abstract provided.
Observations On The Tax Immunity Of Federal Properties And Operations In Virginia, John M. Court
Observations On The Tax Immunity Of Federal Properties And Operations In Virginia, John M. Court
William & Mary Law Review
No abstract provided.