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Full-Text Articles in Criminal Procedure
Your Honor, I Seen Him With That Gang: The Constitutionality Of The Federal Criminal Street Gang Statute In The Wake Of Apprendi V. New Jersey, Jennifer E. Fleming
Your Honor, I Seen Him With That Gang: The Constitutionality Of The Federal Criminal Street Gang Statute In The Wake Of Apprendi V. New Jersey, Jennifer E. Fleming
William & Mary Bill of Rights Journal
No abstract provided.
Sex, Booze, And Clarity: Defining Sexual Assault On A College Campus, Justin Neidig
Sex, Booze, And Clarity: Defining Sexual Assault On A College Campus, Justin Neidig
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Roe At Thirty-Six And Beyond: Enhancing Protection For Abortion Rights Through State Constitutions, Linda J. Wharton
Roe At Thirty-Six And Beyond: Enhancing Protection For Abortion Rights Through State Constitutions, Linda J. Wharton
William & Mary Journal of Race, Gender, and Social Justice
In a series of decisions over the past three decades, the Supreme Court has seriously undermined Roe v. Wade's promise of full and meaningful federal constitutional protection for women's access to abortion. While the new Obama administration will enhance protection for reproductive rights at the federal level, the reality remains that reconstituting the Supreme Court with a majority of Justices amenable to fully restoring Roe's strict protections will likely take many years. This Article considers whether state constitutions are a promising avenue for enhancing protection for abortion rights.
This Article looks back on thirty years of reproductive rights litigation under …
Lawrence As An Eighth Amendment Case: Sodomy And The Evolving Standards Of Decency, Sheldon Bernard Lyke
Lawrence As An Eighth Amendment Case: Sodomy And The Evolving Standards Of Decency, Sheldon Bernard Lyke
William & Mary Journal of Race, Gender, and Social Justice
This Article offers an alternate reading of Lawrence v. Texas, the 2003 U.S. Supreme Court case that struck down the Texas sodomy statute that criminalized private, consensual, and adult same-sex intercourse. While most scholars discuss Lawrence as a substantive due process case and struggle to find meaning in the ambiguity of the decision's language, I propose that Lawrence is better read as an Eighth Amendment case. This Article argues that the majority opinion analyzed the constitutionality of the Texas sodomy law as it would analyze the cruelty and unusualness of a criminal law in an Eighth Amendment evolving standards of …