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Articles 1 - 13 of 13
Full-Text Articles in Law
The Evolution Of Sodomy Decriminalization Jurisprudence In Transnational And Comparative Constitutional Perspective, Ayodeji Kamau Perrin
The Evolution Of Sodomy Decriminalization Jurisprudence In Transnational And Comparative Constitutional Perspective, Ayodeji Kamau Perrin
William & Mary Bill of Rights Journal
In this Article, I demonstrate that legal mobilization by activist litigants combined with a comparative methodological jurisprudence has been central to the “transnational legal process” of the generation and diffusion of the sodomy decriminalization norm since the 1950s. My analysis of the transnational comparative jurisprudence relies on a comprehensive legal survey of seven decades of decriminalization jurisprudence (1954–2022), primarily using successful cases. Although the scholarship on the well-known Dudgeon, Toonen, and NCGLE cases often asserts the influence that these cases had on subsequent domestic court constitutional jurisprudence, I suggest that it is the domestic privacy jurisprudence of lobbyists, …
On The Nexus Between The Strength Of The Separation Of Powers And The Power Of The Judiciary, Rivka Weill
On The Nexus Between The Strength Of The Separation Of Powers And The Power Of The Judiciary, Rivka Weill
William & Mary Bill of Rights Journal
This Article makes four novel arguments: (1) There is an inverse relationship between the strength of a separation of powers structure and the strength of the judiciary. In a strong separation of powers structure, one should expect a weaker judiciary, and vice versa. This nexus exists empirically, and is supported on normative and strategic grounds. (2) This nexus is manifested through a web of common law doctrines that developed to support a given separation of powers structure and shape the judicial oversight of the political branches. This Article identifies a list of common law doctrines—including standing, justiciability, deference, and judicial …
From Private Prejudice To Public Policy: How Religious Conservatives Use Liberalism To Control Women's Bodies -- The United States And Israel In Comparative Perspective, Gila Stopler
William & Mary Bill of Rights Journal
The Article uses the feminist critique of the patriarchal nature of religion and liberalism, the feminist critique of flaws in political liberalism, and a socio-political analysis of the power of religious conservative groups in the United States and Israel to claim that religious conservatives use the patriarchal nature of liberalism, its inherent flaws, and conservative political power to turn private religious prejudice into public policy. Analyzing the constitutional and legal status of religion in the United States and the recent dramatic changes it has undergone, the Article shows that contrary to popular belief, and due to the aforementioned factors, the …
A Comparative Examination Of Police Interrogation Of Criminal Suspects In Australia, Canada, England And Wales, New Zealand, And The United States, Carol A. Brook, Bruno Fiannaca, David Harvey, Paul Marcus, Renee Pomerance, Paul Roberts
A Comparative Examination Of Police Interrogation Of Criminal Suspects In Australia, Canada, England And Wales, New Zealand, And The United States, Carol A. Brook, Bruno Fiannaca, David Harvey, Paul Marcus, Renee Pomerance, Paul Roberts
William & Mary Bill of Rights Journal
The interrogation process is central to the investigation and resolution of criminal matters throughout the world. It is fundamental to a comprehensive understanding of comparative criminal procedure to study and appreciate the different approaches to the interrogation process in different nations. This Article developed through a series of conversations between six international criminal justice professionals— practicing attorneys, scholars, and judges—regarding the interrogation practices and rules in their respective countries. Providing a comparative look at this important area, this Article examines the applicable practices and procedures in the common law nations of Australia, Canada, England and Wales, New Zealand, and the …
Who Will Save The Redheads? Towards An Anti-Bully Theory Of Judicial Review And Protection Of Democracy, Yaniv Roznai
Who Will Save The Redheads? Towards An Anti-Bully Theory Of Judicial Review And Protection Of Democracy, Yaniv Roznai
William & Mary Bill of Rights Journal
Democracy is in crisis throughout the world. And courts play a key role within this process as a main target of populist leaders and in light of their ability to hinder administrative, legal, and constitutional changes. Focusing on the ability of courts to block constitutional changes, this Article analyzes the main tensions situated at the heart of democratic erosion processes around the world: the conflict between substantive and formal notions of democracy; a conflict between believers and nonbelievers that courts can save democracy; and the tension between strategic and legal considerations courts consider when they face pressure from political branches. …
The Protection Of Free Choice And The Right To Passivity: Applying The Privilege Against Self-Incrimination To Physical Examinations And Documents' Submission, Rinat Kitai-Sangero
The Protection Of Free Choice And The Right To Passivity: Applying The Privilege Against Self-Incrimination To Physical Examinations And Documents' Submission, Rinat Kitai-Sangero
William & Mary Bill of Rights Journal
This Article addresses the question of whether the privilege against selfincrimination should cover physical examinations as well as the obligation to submit documents. This question requires a serious examination of the justifications underlying the privilege against self-incrimination and is of particular relevance in the current age of technological progress that expands the powers assigned to law enforcement agencies to access knowledge and thoughts stored in individuals’ minds. After addressing the comparative law regarding the applicability of the privilege against selfincrimination to physical examinations and to the obligation to submit documents and discussing key justifications for the privilege against self-incrimination, dividing …
Saving The Marketplace From Market Failure: Reorienting Marketplace Theory In The Era Of Ai Communicators, Jared Schroeder
Saving The Marketplace From Market Failure: Reorienting Marketplace Theory In The Era Of Ai Communicators, Jared Schroeder
William & Mary Bill of Rights Journal
Artificially Intelligent (AI) communicators represent a new type of actor within public discourse. These entities have played influential roles in recent elections in the U.S. and Europe. This Article examines expression rights for AI actors through the lenses provided by the foundational assumptions of the marketplace of ideas theory and existing free-expression-related rationales regarding non-human actors in the U.S. and European legal systems. The Article contends that the fundamental assumptions of the marketplace model must be revised to focus on the flow of information, the development of truth, rather than the more Enlightenment-oriented competition of ideas that leads to the …
The Burka Ban: Divergent Approaches To Freedom Of Religion In France And In The U.S.A., Ioanna Tourkochoriti
The Burka Ban: Divergent Approaches To Freedom Of Religion In France And In The U.S.A., Ioanna Tourkochoriti
William & Mary Bill of Rights Journal
Six years after prohibiting the wearing of headscarves by students in public schools, the French state passed a law prohibiting the wearing of burkas in public places. Compared to France, in the United States there is more tolerance for wearing signs of religious affiliation. The difference in legal responses can be understood in reference to a different background understanding of the fundamental presuppositions of republicanism in the two legal and political orders, which also define their conception of secularism. The law enacted in France can be understood in a general frame of a paternalistic state, which is seen as permitted …
Privatizing Family Law In The Name Of Religion, Robin Fretwell Wilson
Privatizing Family Law In The Name Of Religion, Robin Fretwell Wilson
William & Mary Bill of Rights Journal
No abstract provided.
The Promise Of Equality: A Comparative Analysis Of The Constitutional Guarantees Of Equality In India And The United States, Nicole Lillibridge
The Promise Of Equality: A Comparative Analysis Of The Constitutional Guarantees Of Equality In India And The United States, Nicole Lillibridge
William & Mary Bill of Rights Journal
No abstract provided.
Introduction To The Symposium: The Rule Of Law Of China, Lan Cao
Introduction To The Symposium: The Rule Of Law Of China, Lan Cao
William & Mary Bill of Rights Journal
No abstract provided.
Law Without Law, Or Is "Chinese Law" An Oxymoron?, Teemu Ruskola
Law Without Law, Or Is "Chinese Law" An Oxymoron?, Teemu Ruskola
William & Mary Bill of Rights Journal
No abstract provided.
Trading Winds In Puerto Rico: The Dawn Of Self-Determination Shines On A Legal System, Antonio Fernós
Trading Winds In Puerto Rico: The Dawn Of Self-Determination Shines On A Legal System, Antonio Fernós
William & Mary Bill of Rights Journal
No abstract provided.