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- Due Process of Law (8)
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- Economic Liberty and 1937 (7)
- Institute of Bill of Rights Symposium: Fidelty (7)
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- Constitutional Law (3)
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- Printz v. United States (117 S. Ct. 2365 (1997)) (1)
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Articles 1 - 19 of 19
Full-Text Articles in Law
Will, Judgment, And Economic Liberty: Mr. Justice Souter And The Mistranslation Of The Due Process Clause, Alan J. Meese
Will, Judgment, And Economic Liberty: Mr. Justice Souter And The Mistranslation Of The Due Process Clause, Alan J. Meese
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.
Commercial Slogans: The First Amendment Should Shield Their Use In Campaign Speech, Raena L. Smith
Commercial Slogans: The First Amendment Should Shield Their Use In Campaign Speech, Raena L. Smith
William & Mary Bill of Rights Journal
Commercial slogans and trademarks are increasingly finding their way into every aspect of the American vernacular, including speech by political officials and candidates. A previous published Note in the Journal of Law and Politics has argued that such speech should be restricted as it infringes upon the copyright or trademark holder's rights established both under federal and state law. This Note takes the opposing view, arguing that, even if campaign speech falls under the purview of federal or state statutes, the First Amendment prevents the application of laws to restrict campaign speech.
The Unusual Suspects: Journalists As Thieves, William E. Lee
The Unusual Suspects: Journalists As Thieves, William E. Lee
William & Mary Bill of Rights Journal
The publication of confidential information by the press stands in stark contrast to the press' dedication to protecting the confidentiality of sources. While the Supreme Court has taken the position that the press may publish confidential information acquired through "routine" newsgathering methods, the contours of the phrase "routine " newsgathering methods are poorly defined In this Article, Professor Lee describes the link between the manner in which information is obtained and the First Amendment's protection of the publication of the information. He concludes that the proper analysis would separate the interests affected by publication from the interests affected by illegal …
Utilizing Statistics And Bellwether Trials In Mass Torts: What Do The Constitution And Federal Rules Of Civil Procedure Permit?, R. Joseph Barton
Utilizing Statistics And Bellwether Trials In Mass Torts: What Do The Constitution And Federal Rules Of Civil Procedure Permit?, R. Joseph Barton
William & Mary Bill of Rights Journal
Traditional judicial mechanisms that preserve litigants' rights to due process and a jury trial challenge courts to provide litigants their day in court in an efficient and timely manner. This challenge is made exponentially harder where the litigation concerns tortious conduct affecting a large number of persons and giving rise to latent injury. In response to the recent increase in mass tort filings, courts have sought an alternative means of adjudication-the extrapolation of a statistically average, representative plaintiff to other plaintiffs. This Note examines the problems associated with mass tort actions and how two circuit courts of appeals have implemented …
The Fragmented Liberty Clause, Rebecca L. Brown
The Fragmented Liberty Clause, Rebecca L. Brown
William & Mary Law Review
No abstract provided.
Lost Fidelities, Barry Cushman
Fidelity, Basic Liberties, And The Specter Of Lochner, James E. Fleming
Fidelity, Basic Liberties, And The Specter Of Lochner, James E. Fleming
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.
Ackermania: The Quest For A Common Law Of Higher Lawmaking, Michael J. Gerhardt
Ackermania: The Quest For A Common Law Of Higher Lawmaking, Michael J. Gerhardt
William & Mary Law Review
No abstract provided.
The Founders And The President's Authority Over Foreign Affairs, H. Jefferson Powell
The Founders And The President's Authority Over Foreign Affairs, H. Jefferson Powell
William & Mary Law Review
No abstract provided.
Technology And The Right To Privacy: The Convergence Of Surveillance And Information Privacy Concerns, Thomas B. Kearns
Technology And The Right To Privacy: The Convergence Of Surveillance And Information Privacy Concerns, Thomas B. Kearns
William & Mary Bill of Rights Journal
While the privacy concerns raised by advances in surveillance and information technologies are widely recognized, recent developments have led to a convergence of these technologies in many situations, presenting new challenges to the right to privacy. This Note examines this convergence of surveillance and information technologies and its potential impact on individual privacy interests.
The Note first discusses the right to privacy, personal information, and surveillance technology separately, noting ways that new technologies create privacy concerns. The Note then describes the merging of surveillance and information technologies and the resulting convergence of two formerly distinct privacy issues. Finally, the Note …
Expressive Liberty, Moral Pluralism, Political Pluralism: Three Sources Of Liberal Theory, William A. Galston
Expressive Liberty, Moral Pluralism, Political Pluralism: Three Sources Of Liberal Theory, William A. Galston
William & Mary Law Review
No abstract provided.
Tench Coxe And The Right To Keep And Bear Arms, 1787-1823, Stephen P. Halbrook, David B. Kopel
Tench Coxe And The Right To Keep And Bear Arms, 1787-1823, Stephen P. Halbrook, David B. Kopel
William & Mary Bill of Rights Journal
Tench Coxe, a member of the second rank of this nation's Founders and a leading proponent of the Constitution and the Bill of Rights, wrote prolifically about the right to keep and bear arms. In this Article, the authors trace Coxe 's story, from his early writings in support of the Constitution, through his years of public service, to his political writings in opposition to the presidential campaigns of John Adams and John Quincy Adams. The authors note that Coxe described the Second Amendment as guaranteeing an individual right, and believed that an individual right to bear arms was necessary …
Can Congress Regulate Firearms?: Printz V. United States And The Intersection Of The Commerce Clause, The Tenth Amendment, And The Second Amendment, Kevin T. Streit
Can Congress Regulate Firearms?: Printz V. United States And The Intersection Of The Commerce Clause, The Tenth Amendment, And The Second Amendment, Kevin T. Streit
William & Mary Bill of Rights Journal
The recent U.S. Supreme Court decision in Printz v. United States restricted congressional legislative authority by striking down the interim provisions of the Brady Handgun Violence Prevention Act. The decision followed United States v. Lopez, in which the Court struck down the Gun-Free School Zones Act. In both cases, the Court restricted the congressional Commerce Power and renewed the strength of the Tenth Amendment in protecting states' rights from federal intrusion.
Because both cases involved statutes regulating firearms, however, they also raised important questions regarding the Second Amendment. Following the Lopez decision, some commentators argued that both the Tenth and …
The Brandeis Gambit: The Making Of America's "First Freedom," 1909-1931, Bradley C. Bobertz
The Brandeis Gambit: The Making Of America's "First Freedom," 1909-1931, Bradley C. Bobertz
William & Mary Law Review
No abstract provided.
Getting From Here To There: The Rebirth Of Constitutional Constraints On The Special Interest State, Lynn A. Baker, Samuel H. Dinkin
Getting From Here To There: The Rebirth Of Constitutional Constraints On The Special Interest State, Lynn A. Baker, Samuel H. Dinkin
William & Mary Law Review
No abstract provided.