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William Gill

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Full-Text Articles in Law

Wartime Quartering With And Without Legislative Authorization, William Gill Dec 2014

Wartime Quartering With And Without Legislative Authorization, William Gill

William Gill

The first thing most scholars note about the Third Amendment to the Federal Constitution, which limits the government’s authority to require citizens to quarter soldiers in their homes, is its relative obscurity. In contrast to the surrounding provisions of the Bill of Rights—superstars like the First, Second, Fourth, and Fifth Amendments—the Third Amendment has been directly applied in a serious fashion in only one judicial decision, and its role in Supreme Court jurisprudence has been limited to illustrating the importance of concepts such as the right to privacy and the separation of military and civilian affairs. Depending on whom you …


A Tale Of Two Ironies: In Defense Of Tort, David Partlett, William Gill Dec 2011

A Tale Of Two Ironies: In Defense Of Tort, David Partlett, William Gill

William Gill

Charles Dickens likely never imagined that he would be quoted so often in legal discourse.' Yet it is not surprising that he resonates in the world of legal theory, rich as his work is with ironies that operate on personal as well as political levels. Take, for example, A TALE OF TWO CITIES, in which a revolution fought in the name of liberty turns to tyranny, and stable, tradition-bound Burkean ideals provide the means to freedom for those terrorized in the name of liberty.2 The seeds of such ironies have also taken root in the law of our two "cities," …