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- United States Constitution 14th Amendment (25)
- Due Process of Law (13)
- Constitutional Interpretation (5)
- Economic Liberty and 1937 (5)
- Institute of Bill of Rights Symposium: Fidelty (5)
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- United States Constitution 1st Amendment (5)
- Constitutional History (4)
- Constitutional Law (4)
- Equal Protection (3)
- Federalism (2)
- United States Constitution 5th Amendment (2)
- And 1937 (1)
- Antitrust Law (1)
- Bond v. United States (131 S. Ct. 2355 (2011)) (1)
- Child Custody (1)
- Child Sexual Abuse (1)
- Child Welfare (1)
- Chinese (Asian People) (1)
- Civil Commitment of Sex Offenders (1)
- Correctional Law (1)
- Criminal Sentencing (1)
- Defense (Criminal procedure) (1)
- Distribution of wealth (1)
- Due process of law (1)
- Economic Liberty (1)
- Equal Protection Clause (1)
- Equal protection (1)
- Equality (1)
- Erie Railroad v. Tompkins (304 U.S. 64 (1938)) (1)
- Evidence (1)
Articles 1 - 30 of 31
Full-Text Articles in Fourteenth Amendment
No Child Left Behind Bars: Applying The Principles Of Strict Scrutiny When Sentencing Juveniles Tried As Adults, Max Chu
William & Mary Law Review
The Commonwealth of Virginia was the first in the nation to pass legislation that provides judges with the discretion to veer away from the mandatory minimum sentence and to impose trauma-informed and age-appropriate sentences for juvenile offenders convicted of felonies and tried as adults. Although Virginia’s new law, House Bill 744 (HB 744), is a pioneering step in the right direction, this Note argues that the law may now provide judges with too much discretion. In other words, HB 744 alone, without more guidance, does not go far enough to protect the rights of juvenile offenders.
Therefore, this Note proposes …
Jury Bias Resulting In Indefinite Commitment: Expanding Procedural Protections In Svp Civil Commitment Proceedings Under The Mathews Test, Alli M. Mentch
Jury Bias Resulting In Indefinite Commitment: Expanding Procedural Protections In Svp Civil Commitment Proceedings Under The Mathews Test, Alli M. Mentch
William & Mary Law Review
Twenty states, the District of Columbia, and the federal government have enacted Sexually Violent Predator (SVP) laws that permit the civil commitment of sex offenders. Under these laws, imprisoned sex offenders serving criminal sentences are transferred to treatment facilities and held indefinitely. As one individual describes civil commitment, “It’s worse than prison. In prison I wasn’t happy, but I was content because I knew I had a release date.” An estimated 5,400 individuals are currently civilly committed under these laws.
This Note argues that such laws do not adequately protect respondents’ due process rights. To that end, this Note proposes …
Force-Feeding Pretrial Detainees: A Constitutional Violation, Bryn L. Clegg
Force-Feeding Pretrial Detainees: A Constitutional Violation, Bryn L. Clegg
William & Mary Law Review
No abstract provided.
Wealth, Equal Protection, And Due Process, Brandon L. Garrett
Wealth, Equal Protection, And Due Process, Brandon L. Garrett
William & Mary Law Review
Increasingly, constitutional litigation challenging wealth inequality focuses on the intersection of the Equal Protection and Due Process Clauses. That intersection—between equality and due process—deserves far more careful exploration. What I call “equal process” claims arise from a line of Supreme Court and lower court cases in which wealth inequality is the central concern. For example, the Supreme Court in Bearden v. Georgia conducted analysis of a claim that criminal defendants were treated differently based on wealth in which due process and equal protection principles converged. That equal process connection is at the forefront of a wave of national litigation concerning …
No Arbitrary Power: An Originalist Theory Of The Due Process Of Law, Randy E. Barnett, Evan D. Bernick
No Arbitrary Power: An Originalist Theory Of The Due Process Of Law, Randy E. Barnett, Evan D. Bernick
William & Mary Law Review
“Due process of law” is arguably the most controversial and frequently litigated phrase in the Constitution of the United States. Although the dominant originalist view has long been that the Fifth and Fourteenth Amendment’s Due Process of Law Clauses are solely “process” guarantees that do not constrain the content or “substance” of legislation at all, originalist scholars have in recent years made fresh inquiries into the historical evidence and concluded that there is a weighty case for some form of substantive due process. In this Article, we review and critique those findings, employing our theory of good-faith originalist interpretation and …
The (Limited) Constitutional Right To Compete In An Occupation, Rebecca Haw Allensworth
The (Limited) Constitutional Right To Compete In An Occupation, Rebecca Haw Allensworth
William & Mary Law Review
Is there a constitutional right to compete in an occupation? The “right to earn a living” movement, gaining steam in policy circles and winning some battles in the lower courts, says so. Advocates for this right say that the right to compete in an occupation stands on equal footing with our most sacred constitutional rights such as the right to be free from racial discrimination. This Article takes a different view, arguing that while there is a limited constitutional right to compete in an occupation, it is—and should be—weaker than these advocates claim. Some state licensing laws run afoul of …
Knowledge Is Power: The Fundamental Right To Record Present Observations In Public, Travis Gunn
Knowledge Is Power: The Fundamental Right To Record Present Observations In Public, Travis Gunn
William & Mary Law Review
No abstract provided.
A General Theory Of Governance: Due Process And Lawmaking Power, Louise Weinberg
A General Theory Of Governance: Due Process And Lawmaking Power, Louise Weinberg
William & Mary Law Review
This Article proposes a general theory describing the nature and sources of law in American courts. Erie Railroad Co. v. Tompkins is rejected for this purpose. Better, more general theory is available, flowing from the Due Process Clauses. At its narrowest, the proposed theory is consonant with Erie but generalizes it, embracing federal as well as state law and statutory as well as decisional law in both state and federal courts. More broadly, beyond this unification of systemic thinking, the interest-analytic methodology characteristic of due process extends to a range of substantive constitutional problems. These include problems concerning both the …
Valid Rule Due Process Challenges: Bond V. United States And Erie's Constitutional Source, Kermit Roosevelt Iii
Valid Rule Due Process Challenges: Bond V. United States And Erie's Constitutional Source, Kermit Roosevelt Iii
William & Mary Law Review
No abstract provided.
Avoiding Another Eldorado: Balancing Parental Liberty And The Risk Of Error With Governmental Interest In The Well-Being Of Children In Complex Cases Of Child Removal, Andrew T. Erwin
William & Mary Law Review
No abstract provided.
The Fragmented Liberty Clause, Rebecca L. Brown
The Fragmented Liberty Clause, Rebecca L. Brown
William & Mary Law Review
No abstract provided.
Lochner, Parity, And The Chinese Laundry Cases, David E. Bernstein
Lochner, Parity, And The Chinese Laundry Cases, David E. Bernstein
William & Mary Law Review
No abstract provided.
The Fiscal Powers And The 1930s: Entrenchment, John Harrison
The Fiscal Powers And The 1930s: Entrenchment, John Harrison
William & Mary Law Review
No abstract provided.
The Inevitable Infidelities Of Constitutional Translation: The Case Of The New Deal, John O. Mcginnis
The Inevitable Infidelities Of Constitutional Translation: The Case Of The New Deal, John O. Mcginnis
William & Mary Law Review
No abstract provided.
Introduction: Fidelity, Economic Liberty, And 1937, Editors Of The William And Mary Law Review
Introduction: Fidelity, Economic Liberty, And 1937, Editors Of The William And Mary Law Review
William & Mary Law Review
No abstract provided.
Lost Fidelities, Barry Cushman
Constitutional Law - Trusts - State Action Under The Fourteenth Amendment - Evans V. Abney, 90 S. Ct. 628 (1970), Fred K. Morrison
Constitutional Law - Trusts - State Action Under The Fourteenth Amendment - Evans V. Abney, 90 S. Ct. 628 (1970), Fred K. Morrison
William & Mary Law Review
No abstract provided.
Criminal Law - Double Jeopardy - Benton V. Maryland, 89 S. Ct. 2056 (1969), Lawrence J. Lipka
Criminal Law - Double Jeopardy - Benton V. Maryland, 89 S. Ct. 2056 (1969), Lawrence J. Lipka
William & Mary Law Review
No abstract provided.
Constitutional Law - Right Of Free Speech - Tinker V. Independent Community School District, 89 S. Ct. 733 (1969), Terry B. Light
Constitutional Law - Right Of Free Speech - Tinker V. Independent Community School District, 89 S. Ct. 733 (1969), Terry B. Light
William & Mary Law Review
No abstract provided.
Constitutional Law - Free Speech - Public Transit Advertising - Wirta V. Alameda-Contra Costa Transit Dist., 434 P.2d 982 (Cal. 1966), Joel H. Shane
Constitutional Law - Free Speech - Public Transit Advertising - Wirta V. Alameda-Contra Costa Transit Dist., 434 P.2d 982 (Cal. 1966), Joel H. Shane
William & Mary Law Review
No abstract provided.
Criminal Law - Constitutional Law - Vagrancy Statutes And Due Process - Alegata V. Commonwealtb, 231 N.E.2d 201 (Mass. 1967)
William & Mary Law Review
No abstract provided.
Constitutional Law - Criminal Law - Right To Counsel At Probation Revocation Hearings - Mempa V. Rhay, 389 U.S. 128 (1967)
William & Mary Law Review
No abstract provided.
Constitutional Rights Of Juveniles: Gault And Its Application, Karen L. Atkinson
Constitutional Rights Of Juveniles: Gault And Its Application, Karen L. Atkinson
William & Mary Law Review
No abstract provided.
Constitutional Law - Restrictive Racial Covenants - The Interference Of Proposition 14 - Reitman V. Mulkey, 87 S. Ct. 1627 (1967), Gary E. Legner
Constitutional Law - Restrictive Racial Covenants - The Interference Of Proposition 14 - Reitman V. Mulkey, 87 S. Ct. 1627 (1967), Gary E. Legner
William & Mary Law Review
No abstract provided.
The Extent Of The Exclusionary Rule, Jon W. Bruce
The Extent Of The Exclusionary Rule, Jon W. Bruce
William & Mary Law Review
No abstract provided.
Constitutional Law - Prevention Of Private Discrimination - Jones V. Alfred H. Mayer Co., 379 F.2d 33 (8th Cir. 1967), Richard A. Repp
Constitutional Law - Prevention Of Private Discrimination - Jones V. Alfred H. Mayer Co., 379 F.2d 33 (8th Cir. 1967), Richard A. Repp
William & Mary Law Review
No abstract provided.
Constitutional Law - Civil Liberties, Adderley V. Florida, 87 S.Ct. 242 (1966), Glenn J. Sedam Jr.
Constitutional Law - Civil Liberties, Adderley V. Florida, 87 S.Ct. 242 (1966), Glenn J. Sedam Jr.
William & Mary Law Review
No abstract provided.
Constitutional Law - The Poll Tax. Harper V. Virginia State Board Of Elections, 86 S. Ct. 1079 (1966), Michael Lesniak
Constitutional Law - The Poll Tax. Harper V. Virginia State Board Of Elections, 86 S. Ct. 1079 (1966), Michael Lesniak
William & Mary Law Review
No abstract provided.
Constitutional Law - Criminal Law - Right To Counsel, Biddle V. Commonwealth, 206 Va. 14 (1965), Peter Broccoletti
Constitutional Law - Criminal Law - Right To Counsel, Biddle V. Commonwealth, 206 Va. 14 (1965), Peter Broccoletti
William & Mary Law Review
No abstract provided.
Freedom Of Religion: Recent Sunday Closing Laws Cases, John E. Donaldson
Freedom Of Religion: Recent Sunday Closing Laws Cases, John E. Donaldson
William & Mary Law Review
No abstract provided.