Social and Behavioral Sciences Commons^™

Congressional Oversight Of Modern Warfare: History, Pathologies, And Proposals For Reform, Oona A. Hathaway, Tobias Kuehne, Randi Michel, Nicole Ng

William & Mary Law Review

Despite significant developments in the nature of twenty-first century warfare, Congress continues to employ a twentieth century oversight structure. Modern warfare tactics, including cyber operations, drone strikes, and special operations, do not neatly fall into congressional committee jurisdictions. Counterterrorism and cyber operations, which are inherently multi-jurisdictional and highly classified, illustrate the problem. In both contexts, over the past several years Congress has addressed oversight shortcomings by strengthening its reporting requirements, developing relatively robust oversight regimes. But in solving one problem, Congress has created another: deeply entrenched information silos that inhibit the sharing of information about modern warfare across committees. This …

Tribalism And Democracy, Seth Davis

William & Mary Law Review

Americans have long talked about “tribalism” as a way of talking about their democracy. In recent years, for example, commentators have pointed to “political tribalism” as what ails American democracy. According to this commentary, tribalism is incompatible with democracy. Some commentators have cited Indian Tribes as evidence to support this incompatibility thesis, and the thesis has surfaced within federal Indian law and policy in various guises up to the present day with disastrous consequences for Indian Tribes. Yet much of the talk about tribalism and democracy—within federal Indian law, and also without it—has had little to do with actual tribes. …

Privacy Or The Polls: Public Voter Registration Laws As A Modern Form Of Vote Denial, Audrey Paige Sauer

William & Mary Law Review

On May 11, 2017, President Donald J. Trump signed an executive order establishing the Presidential Advisory Commission on Election Integrity (PACEI), with the mission to “study the registration and voting processes used in Federal elections.” Pursuant to this mission, Vice Chair of the Commission, Kansas Secretary of State Kris Kobach, sent out letters to state election officials soliciting all “publicly available voter roll data,” including all registrants’ full first and last names, middle names or initials, addresses, dates of birth, political party, last four digits of Social Security numbers if available, voter history from 2006 onward, information regarding any felony …

The Court Should Not Let Politically Divided Times Affects Its Choices And Decisions, Erwin Chemerinsky

William & Mary Law Review

The Court should not let politically divided times affect its choices or decisions. Altering the Court’s role in politically divided times would require a definition of what qualifies as such an era and a theory of how to act in such times. Almost every era in American history could be deemed a politically divided time. Changing the Court’s role in politically divided times is inconsistent with its preeminent role: interpreting and enforcing the Constitution. This role does not change, and should not change, in politically charged moments. Indeed, history shows that the Court cannot know what is likely to lessen …

Why Congress Does Not Challenge Judicial Supremacy, Neal Devins

William & Mary Law Review

Members of Congress largely acquiesce to judicial supremacy both on constitutional and statutory interpretation questions. Lawmakers, however, do not formally embrace judicial supremacy; they rarely think about the courts when enacting legislation. This Article explains why this is so, focusing on why lawmakers have both strong incentive to acquiesce to judicial power and little incentive to advance a coherent view of congressional power. In particular, lawmakers are interested in advancing favored policies, winning reelection, and gaining personal power within Congress. Abstract questions of institutional power do not interest lawmakers and judicial defeats are seen as opportunities to find some other …

Judicial Supremacy Revisited: Independent Constitutional Authority In American Constitutional Law And Practice, Mark A. Graber

William & Mary Law Review

The Supreme Court exercises far less constitutional authority in American law and practice than one would gather from reading judicial opinions, presidential speeches, or the standard tomes for and against judicial supremacy. Lower federal court judges, state court justices, federal and state elected officials, persons charged with administering the law, and ordinary citizens often have the final say on particular constitutional controversies or exercise temporary constitutional authority in ways that have more influence on the parties to that controversy than the eventual Supreme Court decision. In many instances, Supreme Court doctrine sanctions or facilitates the exercise of independent constitutional authority …

The Jury And Participatory Democracy, Alexandra D. Lahav

William & Mary Law Review

No abstract provided.

Charities In Politics: A Reappraisal, Brian Galle

William & Mary Law Review

Federal law significantly limits the political activities of charities, but no one really knows why. In the wake of Citizens United, the absence of any strong normative grounding for the limits may leave the rules vulnerable to constitutional challenge. This Article steps into that breach, offering a set of policy reasons to separate politics from charity. I also sketch ways in which my more precise exposition of the rationale for the limits helps guide interpretation of the complex legal rules implementing them.

Any defense of the political limits begins with significant challenges because of a long tradition of scholarly criticism …

Can Public Debt Enhance Democracy?, Clayton P. Gillette

William & Mary Law Review

This Essay draws on historical and current examples to examine the extent to which public creditors can enhance democracy by monitoring public officials in a manner that compensates for the failures of the government debtor's constituents to monitor public officials. Creditors and constituents may share significant interests, depending on the structure of security arrangements for public debt and the identity of the debtors. Where interests overlap, the capacity of creditors to overcome collective action problems suffered by constituents may transform creditors into surrogates for constituents. Whether creditors are willing to play this role, however, may depend on the existence of …

Collateral Damage: The Endangered Center In American Politics, Samuel Issacharoff

William & Mary Law Review

No abstract provided.

Statehood As The New Personhood: The Discovery Of Fundamental "States' Rights", Timothy Zick

William & Mary Law Review

No abstract provided.

Reconstructive Tasks For A Liberal Feminist Conception Of Privacy, Linda C. Mcclain

William & Mary Law Review

No abstract provided.

Moral Reasons And The Limitation Of Liberty, Jeffrie G. Murphy

William & Mary Law Review

No abstract provided.

Crimes Against Autonomy: Gerald Dworkin On The Enforcement Of Morality, Lawrence C. Becker

William & Mary Law Review

No abstract provided.

Autonomy And Agency, Thomas E. Hill Jr.

William & Mary Law Review

No abstract provided.

Oppression, Lies, And The Dream Of Autonomy, Judy Scales-Trent

William & Mary Law Review

No abstract provided.

Introduction: Reconstructing Liberalism, Cynthia V. Ward

William & Mary Law Review

No abstract provided.

Coercing Privacy, Anita L. Allen

William & Mary Law Review

No abstract provided.

From Autonomy To Agency: Feminist Perspectives On Self-Direction, Kathryn Abrams

William & Mary Law Review

No abstract provided.

Expressive Liberty, Moral Pluralism, Political Pluralism: Three Sources Of Liberal Theory, William A. Galston

William & Mary Law Review

No abstract provided.

Reconstructing Galston's Conception Of State Neutrality, George W. Harris

William & Mary Law Review

No abstract provided.

Book Review Of Legislative Journals Of The Council Of Colonial Virginia And Minutes Of The Council And General Court Of Colonial Virginia, William F. Swindler

William & Mary Law Review

No abstract provided.