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Articles 1 - 6 of 6

Full-Text Articles in Law

The Unborn Victims Of Violence Act And Its Impact On Reproductive Rights, April A. Alongi Sep 2008

The Unborn Victims Of Violence Act And Its Impact On Reproductive Rights, April A. Alongi

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Repeal Of "Don't Ask, Don't Tell:" A Smooth Transition, Sharon E. Debbage Alexander, Kathi S. Westcott Sep 2008

Repeal Of "Don't Ask, Don't Tell:" A Smooth Transition, Sharon E. Debbage Alexander, Kathi S. Westcott

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Designing Transparency: The 9/11 Commission And Institutional Form, Mark Fenster Sep 2008

Designing Transparency: The 9/11 Commission And Institutional Form, Mark Fenster

Washington and Lee Law Review

Surpassing the low expectations established by previous investigatory commissions and overcoming the political and legal obstacles created by the Bush administration's opposition to its creation, the 9/11 Commission accomplished what appeared to be the impossible: an authoritative investigation, a widely-read final report, and direct influence on significant legislation. This Article argues that the 9/11 Commission represents an important institutional model for encouraging orforcing the Executive Branch to disclose information about an especially significant and controversial past event or future decision. It suggests that Congress or the President consider establishing such commissions when information held by the Executive Branch can help …


The Underappreciated First Amendment Importance Of Lawrence V. Texas, Michael P. Allen Jan 2008

The Underappreciated First Amendment Importance Of Lawrence V. Texas, Michael P. Allen

Washington and Lee Law Review

No abstract provided.


Where's The Harm?: Free Speech And The Regulation Of Lies, Lyrissa Barnett Lidsky Jan 2008

Where's The Harm?: Free Speech And The Regulation Of Lies, Lyrissa Barnett Lidsky

Washington and Lee Law Review

No abstract provided.


The Return Of Reasonableness: Saving The Fourth Amendment From The Supreme Court, Melanie D. Wilson Jan 2008

The Return Of Reasonableness: Saving The Fourth Amendment From The Supreme Court, Melanie D. Wilson

Scholarly Articles

Although there is no recipe for defining Fourth Amendment reasonableness, the Supreme Court produces its most anomalous Fourth Amendment outcomes when it decides "mixed" questions of reasonableness, assessing issues that turn on how ordinary, prudent citizens think and behave. The Court treats these mixed issues, combinations of fact and law, as if they raise purely legal questions. But mixed issues are more complex and require someone to determine historical facts, apply those facts to principles of Fourth Amendment law, and consider the totality of the circumstances, including taking into account community and cultural influences. The Supreme Court will take its …