Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- First Amendment (21)
- Civil Rights and Discrimination (6)
- State and Local Government Law (4)
- Supreme Court of the United States (4)
- Criminal Law (3)
-
- Fourth Amendment (3)
- Commercial Law (2)
- Criminal Procedure (2)
- Election Law (2)
- Family Law (2)
- Fourteenth Amendment (2)
- Health Law and Policy (2)
- Immigration Law (2)
- Internet Law (2)
- National Security Law (2)
- Second Amendment (2)
- Air and Space Law (1)
- Business Organizations Law (1)
- Courts (1)
- Environmental Law (1)
- Indigenous, Indian, and Aboriginal Law (1)
- Insurance Law (1)
- Intellectual Property Law (1)
- Jurisdiction (1)
- Law and Politics (1)
- Law and Psychology (1)
- Law and Race (1)
- Law of the Sea (1)
- Keyword
-
- United States Constitution 1st Amendment (18)
- Freedom of Speech (15)
- Constitutional Law (9)
- Same-Sex Marriage (4)
- United States Constitution (4)
-
- Disclosure of Information (3)
- Discrimination (3)
- States (3)
- United States Constitution 14th Amendment (3)
- United States Constitution 4th Amendment (3)
- Civil Rights (2)
- Constitutional Interpretation (2)
- Criminal Procedure (2)
- Due Process of Law (2)
- Freedom of Religion (2)
- Habeas Corpus (2)
- Immigration Law (2)
- Leaks (2)
- Marriage (2)
- Privacy (2)
- Separation of Powers (2)
- United States Constitution 5th Amendment (2)
- United States Constitution 6th Amendment (2)
- Voting Rights Act of 1965 (2)
- 1179 (9th Cir. 20 14)) (1)
- 133 S. Ct. 2612 (2013) (1)
- Affirmtive Action (1)
- American Supreme Court Justices (1)
- Attorneys General (1)
- Batson v. Kentucky (476 U.S. 79 (1986)) (1)
- Publication
- Publication Type
Articles 1 - 30 of 58
Full-Text Articles in Constitutional Law
The (Not So Dire) Future Of The Necessary And Proper Power After National Federation Of Independent Business V. Sebelius, Celestine Richards Mcconville
The (Not So Dire) Future Of The Necessary And Proper Power After National Federation Of Independent Business V. Sebelius, Celestine Richards Mcconville
William & Mary Bill of Rights Journal
No abstract provided.
The Eighth Amendment And Tax Evasion: Whether Fatca Non-Compliance Fines And Fbar Penalties Are Excessive, Tyler R. Murray
The Eighth Amendment And Tax Evasion: Whether Fatca Non-Compliance Fines And Fbar Penalties Are Excessive, Tyler R. Murray
William & Mary Bill of Rights Journal
No abstract provided.
The Lost History Of The Political Question Doctrine, Tara Leigh Grove
The Lost History Of The Political Question Doctrine, Tara Leigh Grove
Faculty Publications
This Article challenges the conventional narrative about the political question doctrine. Scholars commonly assert that the doctrine, which instructs that certain constitutional questions are “committed” to Congress or to the executive branch, has been part of our constitutional system since the early nineteenth century. Furthermore, scholars argue that the doctrine is at odds with the current Supreme Court’s view of itself as the “supreme expositor” of all constitutional questions. This Article calls into question both claims. The Article demonstrates, first, that the current political question doctrine does not have the historical pedigree that scholars attribute to it. In the nineteenth …
Naiming The States Where Loving Will Be Recognized: On Tea Leaves, Horizontal Federalism, And Same-Sex Marriage, Mark Strasser
Naiming The States Where Loving Will Be Recognized: On Tea Leaves, Horizontal Federalism, And Same-Sex Marriage, Mark Strasser
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Thinking Under The Box--Public Choice And Constitutional Law Perspectives On City-Level Environmental Policy, Harri Kalimo, Reid Lifset
Thinking Under The Box--Public Choice And Constitutional Law Perspectives On City-Level Environmental Policy, Harri Kalimo, Reid Lifset
William & Mary Environmental Law and Policy Review
No abstract provided.
Regulating Drones Under The First And Fourth Amendments, Marc Jonathan Blitz, James Grimsley, Stephen E. Henderson, Joseph Thai
Regulating Drones Under The First And Fourth Amendments, Marc Jonathan Blitz, James Grimsley, Stephen E. Henderson, Joseph Thai
William & Mary Law Review
The FAA Modernization and Reform Act of 2012 requires the Federal Aviation Administration to integrate unmanned aerial vehicles (UAVs), or drones, into the national airspace system by September 2015. Yet perhaps because of their chilling accuracy in targeted killings abroad, perhaps because of an increasing consciousness of diminishing privacy more generally, and perhaps simply because of a fear of the unknown, divergent UAV-restrictive legislation has been proposed in Congress and enacted in a number of states. Given UAV utility and cost-effectiveness over a vast range of tasks, however, widespread commercial use ultimately seems certain. Consequently, it is imperative to understand …
Habeas Corpus Petitions In Federal And Tribal Courts: A Search For Individualized Justice, Carrie E. Garrow
Habeas Corpus Petitions In Federal And Tribal Courts: A Search For Individualized Justice, Carrie E. Garrow
William & Mary Bill of Rights Journal
No abstract provided.
Sex Offender Residency Restrictions: Government Regulation Of Public Health, Safety, And Morality, John Kip Cornwell
Sex Offender Residency Restrictions: Government Regulation Of Public Health, Safety, And Morality, John Kip Cornwell
William & Mary Bill of Rights Journal
Sex offender residency restrictions have proliferated throughout the United States over the past decade. A number of commentators have likened these laws to medieval banishment, when political outcasts and undesirables are exiled to remote areas where they cannot threaten civilized society. This Article argues first that likening modern residency restrictions to “banishment” largely misconstrues this practice as it has been practiced historically. Instead, these statutory initiatives are better understood as an assertion of governments’ police power to protect public health, safety, and morality. Seen through this lens, this Article evaluates the laws’ constitutional sufficiency with attention to their allegedly punitive …
Adjusting The Benefits And Burdens Of Economic Life For The Public Good: The Aca's Medical Loss Ratio As A Constitutional Regulation Of Health Insurance Companies, Susanne Cordner
William & Mary Bill of Rights Journal
No abstract provided.
Incorporation, Total Incorporation, And Nothing But Incorporation?, Christopher R. Green
Incorporation, Total Incorporation, And Nothing But Incorporation?, Christopher R. Green
William & Mary Bill of Rights Journal
Kurt T. Lash’s The Fourteenth Amendment and the Privileges and Immunities of American Citizenship (2014) defends the view that the Fourteenth Amendment’s “privileges or immunities of citizens of the United States” cover only rights enumerated elsewhere in the Constitution. My own book, however, Equal Citizenship, Civil Rights, and the Constitution: The Original Sense of the Privileges or Immunities Clause (2015), reads the Clause to guarantee equality broadly among similarly situated citizens of the United States. Incorporation of an enumerated right into the Fourteenth Amendment requires, I say, national consensus such that an outlier state’s invasion of the right would produce …
The Right To Remain Armed, Jeffrey Bellin
The Right To Remain Armed, Jeffrey Bellin
Faculty Publications
The laws governing gun possession are changing rapidly. In the past two years, federal courts have wielded a revitalized Second Amendment to invalidate longstanding gun carrying restrictions in Chicago, the District of Columbia, and throughout California. Invoking similar Second Amendment themes, legislators across the country have steadily deregulated public gun carrying, preempting municipal gun control ordinances in cities like Philadelphia, Atlanta, and Cleveland.
These changes to substantive gun laws reverberate through the constitutional criminal procedure framework. By making it lawful for citizens to carry guns even in crowded urban areas, enhanced Second Amendment rights trigger Fourth Amendment protections that could …
The Voting Rights Act, Questions Of Deference & Legislative Facts In A Digital Age, Allison Orr Larsen
The Voting Rights Act, Questions Of Deference & Legislative Facts In A Digital Age, Allison Orr Larsen
Faculty Publications
AALS Constitutional Law Panel (January 5, 2015)
Do Laws Have A Constitutional Shelf Life?, Allison Orr Larsen
Do Laws Have A Constitutional Shelf Life?, Allison Orr Larsen
Faculty Publications
Times change. A statute passed today may seem obsolete tomorrow. Does the Constitution dictate when a law effectively expires? In Shelby County v. Holder, the 2013 decision that invalidated a provision of the Voting Rights Act, the Court seems to answer that question in the affirmative. Although rational and constitutional when written, the Court held that the coverage formula of the law grew to be irrational over time and was unconstitutional now because it bears “no logical relation to the present day.” This reason for invalidating a law is puzzling. The question answered in Shelby County was not about whether …
Section 6: Criminal, Institute Of Bill Of Rights Law, William & Mary Law School
Section 6: Criminal, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Big Data Blacklisting, Margaret Hu
Big Data Blacklisting, Margaret Hu
Faculty Publications
“Big data blacklisting” is the process of categorizing individuals as administratively “guilty until proven innocent” by virtue of suspicious digital data and database screening results. Database screening and digital watchlisting systems are increasingly used to determine who can work, vote, fly, etc. In a big data world, through the deployment of these big data tools, both substantive and procedural due process protections may be threatened in new and nearly invisible ways. Substantive due process rights safeguard fundamental liberty interests. Procedural due process rights prevent arbitrary deprivations by the government of constitutionally protected interests. This Article frames the increasing digital mediation …
Article Iii In The Political Branches, Tara Leigh Grove
Article Iii In The Political Branches, Tara Leigh Grove
Faculty Publications
In many separation of powers debates, scholars excavate the practices and constitutional interpretations of Congress and the executive branch in order to discern the scope of various constitutional provisions. I argue that similar attention to political branch practice is warranted in the Article III context. That is true, in large part because much of the constitutional history of the federal courts has been written not by the federal judiciary, but by the legislative and executive branches. To illustrate this point, this Essay focuses on the Exceptions Clause of Article III. The Supreme Court has said little about the meaning of …
Measuring Party Polarization In Congress: Lessons From Congressional Participation In Amicus Curiae, Neal Devins
Measuring Party Polarization In Congress: Lessons From Congressional Participation In Amicus Curiae, Neal Devins
Faculty Publications
First, I will detail the prevalence of party polarization and how party polarization has limited congressional interest in its institutional prerogatives vis-à-vis the executive. Second, I will discuss my research findings governing congressional amicus briefs. I will consider patterns in bipartisan filings over time (comparing the less polarized 1974–1985 Supreme Court terms with the more polarized 2002–2013 terms). I will also consider the types of issues lawmakers and their institutional counsel have pursued in their filings. This investigation will reveal a decline in briefs in institutional cases and an upswing in briefs on politically salient issues that divide the parties …
First Amendment Cosmopolitanism, Skepticism, And Democracy, Timothy Zick
First Amendment Cosmopolitanism, Skepticism, And Democracy, Timothy Zick
Faculty Publications
This is a response to Professor Ronald J. Krotoszynski, Jr.’s review of my book, The Cosmopolitan First Amendment: Protecting Transborder Expressive and Religious Liberties (Cambridge University Press, 2014). The response explains the basic principles of First Amendment cosmopolitanism and highlights the importance of the First Amendment’s transborder dimension. It also responds to skeptical and critical reactions to some of the book’s arguments. Finally, the response elaborates on First Amendment cosmopolitanism’s relationship to democratic values.
The Second Amendment In The Twenty-First Century: What Hath Heller Wrought?, Patrick J. Charles
The Second Amendment In The Twenty-First Century: What Hath Heller Wrought?, Patrick J. Charles
William & Mary Bill of Rights Journal
No abstract provided.
Diagnosed With Time Is Money: Arbitrary Medicare Provisions Differentiating Observation Services From Inpatient Admissions Violate Beneficiaries’ Due Process Rights, Stephanie Masaba
William & Mary Bill of Rights Journal
No abstract provided.
What Did They Mean?: How Principles Of Group Communication Can Inform Original Meaning Jurisprudence And Address The Problem Of Collective Intent, W. Matt Morgan
William & Mary Bill of Rights Journal
No abstract provided.
Section 1983 Litigation: The Maze, The Mud, And The Madness, Karen M. Blum
Section 1983 Litigation: The Maze, The Mud, And The Madness, Karen M. Blum
William & Mary Bill of Rights Journal
No abstract provided.
Historically Unappealing: Boumediene V. Bush, Appellate Avoidance Mechanisms, And Black Holes Extending Beyond Guantanamo Bay, Dennis Schmelzer
Historically Unappealing: Boumediene V. Bush, Appellate Avoidance Mechanisms, And Black Holes Extending Beyond Guantanamo Bay, Dennis Schmelzer
William & Mary Bill of Rights Journal
No abstract provided.
Sovereign Impunity: The Supreme Court Of Georgia’S False Textualism Expands The Doctrine Of Sovereign Immunity In The State, Laura R. Dove
Sovereign Impunity: The Supreme Court Of Georgia’S False Textualism Expands The Doctrine Of Sovereign Immunity In The State, Laura R. Dove
William & Mary Bill of Rights Journal
Until recently, sovereign immunity—the doctrine that protects state entities from suit without the State’s consent—had been held by the Supreme Court of Georgia not to apply to suits seeking solely injunctive relief to prevent the State, its departments, or agencies from acting illegally or outside the scope of their authority. This rule stemmed partly from the fact that a significant policy basis for sovereign immunity is the protection of taxpayer funds, but also was grounded on the principle that the State may not “cloak itself in the mantle of sovereign immunity” to prevent its citizens from holding the State accountable …
The Architecture Of Constitutional Time, Richard Alexander Izquierdo
The Architecture Of Constitutional Time, Richard Alexander Izquierdo
William & Mary Bill of Rights Journal
Bruce Ackerman’s account in his We the People series urges the legal recognition of constitutional amendments enacted outside of Article V as part of a larger descriptive project concerning the creation of distinct republics within the Constitution of 1787. One of its limitations is that he and other scholars have not fully appreciated the way in which the original institutional design of the Constitution has facilitated—and perhaps even anticipated—the construction of subregimes during extraordinary times. This Article presents constitutional time and presidential incentives for a lasting legacy as the most important factors influencing constitutional meaning. It is constitutional time—the extraordinary …
Law, Religious Change, And Samesex Marriage Posted On, Nathan B. Oman
Law, Religious Change, And Samesex Marriage Posted On, Nathan B. Oman
Popular Media
No abstract provided.
It’S Not Called Conduct Therapy; Talk Therapy As A Protected Form Of Speech Under The First Amendment, Warren Geoffrey Tucker
It’S Not Called Conduct Therapy; Talk Therapy As A Protected Form Of Speech Under The First Amendment, Warren Geoffrey Tucker
William & Mary Bill of Rights Journal
No abstract provided.
Reviewing The Magic Pipes: Angelex Ltd. V. United States, Oily Water Separators, And Constitutional Review Of Coast Guard Action, Benjamin Abel
Reviewing The Magic Pipes: Angelex Ltd. V. United States, Oily Water Separators, And Constitutional Review Of Coast Guard Action, Benjamin Abel
William & Mary Bill of Rights Journal
No abstract provided.
Neither Tinker, Nor Hazelwood, Nor Fraser, Nor Morse: Why Violent Student Assignments Represent A Unique First Amendment Challenge, William C. Nevin
Neither Tinker, Nor Hazelwood, Nor Fraser, Nor Morse: Why Violent Student Assignments Represent A Unique First Amendment Challenge, William C. Nevin
William & Mary Bill of Rights Journal
This Article will both (1) explore a subset of violent student speech cases that could rightly be considered under Hazelwood if only the student expression bore the sign of official school sponsorship and (2) argue for the creation of a new standard based on Hazelwood to govern non-sponsored curricular speech. Furthermore, this new standard would operate much like the current Hazelwood analysis with one key distinction: where student speech is curricular and non-sponsored in nature, the only options available to school administrators would be those representing pedagogical counter-speech. Punitive discipline, such as the suspension seen in Cuff, would not be …
Magic Words, Kiel Brennan-Marquez
Magic Words, Kiel Brennan-Marquez
William & Mary Bill of Rights Journal
Broadly speaking, this Article has two goals. The first is to demonstrate the prominence of functionalism in the interpretive practices of the Supreme Court. Reading a case like NFIB, it would be easy to conclude that the tension between labels and function reflects a deep rift in our legal order. On reflection, though, the rift turns out to be something of a mirage. While judicial opinions do occasionally employ the rhetoric of label-formalism, we are all functionalists at heart.
The Article’s second goal is to explore two exceptions to this norm. One is a faux exception—an exception to functionalism that …