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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 Feb 1995

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 Jan 1994

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 Oct 1993

Foreword: Elected Branch Influences In Constitutional Decisionmaking, Neal Devins

Faculty Publications

No abstract provided.


The Central Meaning Of The Fourth Amendment, Tracey Maclin Oct 1993

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 May 1992

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 Feb 1992

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 Jan 1992

Correspondence: The Stuff Of Constitutional Law, Neal Devins

Faculty Publications

No abstract provided.


Textualism, Constitutionalism, And Federal Statutes, Jerry L. Mashaw Apr 1991

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 Apr 1991

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 Feb 1991

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 Jan 1991

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 Jan 1991

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 Apr 1989

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 Feb 1989

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 Oct 1987

"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 Oct 1987

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 Oct 1987

The Constitution As Text And Rule, Frederick Schauer

William & Mary Law Review

No abstract provided.


Commentary On Law: Wallowing In Intention, Gene R. Nichol Jul 1987

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 Jan 1987

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 Apr 1986

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 Jan 1986

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 Apr 1985

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 Feb 1985

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 Jan 1985

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 Apr 1983

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 Apr 1983

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 Jan 1982

A Graphic Review Of The Free Speech Clause, William W. Van Alstyne

Faculty Publications

No abstract provided.


An Essay On Constitutional Language, Frederick Schauer Jan 1982

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 Mar 1960

Observations On The Tax Immunity Of Federal Properties And Operations In Virginia, John M. Court

William & Mary Law Review

No abstract provided.