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Full-Text Articles in Law
Congress As Culprit: How Lawmakers Spurred On The Court's Anti-Congress Crusade, Neal Devins
Congress As Culprit: How Lawmakers Spurred On The Court's Anti-Congress Crusade, Neal Devins
Faculty Publications
No abstract provided.
Section 7: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School
Section 7: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Peaches, Speech, And Clarence Thomas: Yes, California, There Is A Justice Who Understands The Ramifications Of Controlling Commercial Speech, Jennifer R. Franklin
Peaches, Speech, And Clarence Thomas: Yes, California, There Is A Justice Who Understands The Ramifications Of Controlling Commercial Speech, Jennifer R. Franklin
Faculty Publications
No abstract provided.
Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, Kathryn R. Urbonya
Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, Kathryn R. Urbonya
Faculty Publications
No abstract provided.
Reanimator: Mark Tushnet And The Second Coming Of The Imperial Presidency, Neal Devins
Reanimator: Mark Tushnet And The Second Coming Of The Imperial Presidency, Neal Devins
Faculty Publications
No abstract provided.
How Constitutional Law Casebooks Perpetuate The Myth Of Judicial Supremacy, Neal Devins
How Constitutional Law Casebooks Perpetuate The Myth Of Judicial Supremacy, Neal Devins
Faculty Publications
No abstract provided.
Section 4: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School
Section 4: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 8: Federalism: A Court In Search Of Itself, Institute Of Bill Of Rights Law, William & Mary Law School
Section 8: Federalism: A Court In Search Of Itself, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
The Last Word Debate: How Social And Political Forces Shape Constitutional Values, Neal Devins
The Last Word Debate: How Social And Political Forces Shape Constitutional Values, Neal Devins
Popular Media
No abstract provided.
Section 8: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School
Section 8: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Government Lawyers And The New Deal, Neal Devins
Government Lawyers And The New Deal, Neal Devins
Faculty Publications
No abstract provided.
Section 7: Constitutional Structure: Federalism, Administrative Law, Checks And Balances, Institute Of Bill Of Rights Law, William & Mary Law School
Section 7: Constitutional Structure: Federalism, Administrative Law, Checks And Balances, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Unitariness And Independence: Solicitor General Control Over Independent Agency Litigation, Neal Devins
Unitariness And Independence: Solicitor General Control Over Independent Agency Litigation, Neal Devins
Faculty Publications
With a few exceptions, the Solicitor General controls all aspects of independent agency litigation before the Supreme Court. Solicitor General control of Supreme Court litigation creates a tension between independent agency freedom and the Solicitor General's authority. On the one hand, Solicitor General control provides the United States with a unitary voice before the Supreme Court, and provides the Court with a trustworthy litigator to explicate the government's position. On the other hand, such control may undermine the autonomy of independent agency decision making. In this Article, the author argues for a hybrid model of independent agency litigation in the …
Section 4: Moot Court: Church Of The Lukumi Babulu Aye V. City Of Hialeah, Institute Of Bill Of Rights Law, William & Mary Law School
Section 4: Moot Court: Church Of The Lukumi Babulu Aye V. City Of Hialeah, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 5: Plenary Review: Press Coverage Of The Judiciary, Institute Of Bill Of Rights Law, William & Mary Law School
Section 5: Plenary Review: Press Coverage Of The Judiciary, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Correspondence: The Stuff Of Constitutional Law, Neal Devins
Correspondence: The Stuff Of Constitutional Law, Neal Devins
Faculty Publications
No abstract provided.
Divided Justice: A Commentary On The Nomination And Confirmation Of Justice Thomas, Michael J. Gerhardt
Divided Justice: A Commentary On The Nomination And Confirmation Of Justice Thomas, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Federal Funds To Religious Groups: Where Are The First Amendment Boundaries?, Neal Devins
Federal Funds To Religious Groups: Where Are The First Amendment Boundaries?, Neal Devins
Faculty Publications
No abstract provided.
Associations' Freedom V. Freedom Of Association: Another Look At All-Male Clubs, Neal Devins
Associations' Freedom V. Freedom Of Association: Another Look At All-Male Clubs, Neal Devins
Faculty Publications
No abstract provided.
Scholarly Reflections On The Court And The Constitution, Michael Ashley Stein
Scholarly Reflections On The Court And The Constitution, Michael Ashley Stein
Faculty Publications
No abstract provided.
A Reply To Gonzalez, Interpreting This Constitution: Another Response To Professor Van Alstyne, William W. Van Alstyne
A Reply To Gonzalez, Interpreting This Constitution: Another Response To Professor Van Alstyne, William W. Van Alstyne
Faculty Publications
No abstract provided.
Notes On A Bicentennial Constitution: Part Ii, Antinomial Choices And The Role Of The Supreme Court, William W. Van Alstyne
Notes On A Bicentennial Constitution: Part Ii, Antinomial Choices And The Role Of The Supreme Court, William W. Van Alstyne
Faculty Publications
Continuing the examination of judicial review conducted around the Constitution’s bicentennial, this article lays bare the inconsistencies in the expected tasks of the Supreme Court. Where some roles of the Court have traditionally been treated as indivisible, examining those same roles separate from one another produces an incoherent view of the Court that is difficult to compromise.
Book Review Of The Second American Revolution, Neal Devins
Book Review Of The Second American Revolution, Neal Devins
Faculty Publications
No abstract provided.
What Standards Apply When Freedoms Collide?, Neal Devins
What Standards Apply When Freedoms Collide?, Neal Devins
Faculty Publications
No abstract provided.
Are Residential Quotas Constitutional?, Neal Devins
Are Residential Quotas Constitutional?, Neal Devins
Faculty Publications
No abstract provided.
Refining The Lawmaking Function Of The Supreme Court, Frederick Schauer
Refining The Lawmaking Function Of The Supreme Court, Frederick Schauer
Faculty Publications
No abstract provided.
Retroactivity: A Study In Supreme Court Doctrine As Applied, John Bernard Corr
Retroactivity: A Study In Supreme Court Doctrine As Applied, John Bernard Corr
Faculty Publications
The judicial creation of a new rule of law raises the essential question whether that rule is to be applied retroactively orprospectively only. The consistency of the traditionalm andatoryr etroactivityr ule has given way to a more flexible retroactivity ana sis. The change occurred in 1965 when the Supreme Court in Linkletter v. Walker squarelfaced a rule that, if applied retroactively, would have affected thousands of criminal convictions. The Linkletter doctrine has since defined the contours of federal retroactivity ana sis to include three basic considerations: purpose of the rule in question, reliance by theparties on the rule, and effect …
Fourth Amendment Standing And Expectations Of Privacy: Rakas V. Illinois And New Directions For Some Old Concepts, Richard A. Williamson
Fourth Amendment Standing And Expectations Of Privacy: Rakas V. Illinois And New Directions For Some Old Concepts, Richard A. Williamson
Faculty Publications
No abstract provided.
The Burger Court, 1969-1979: Continuity And Contras, William F. Swindler
The Burger Court, 1969-1979: Continuity And Contras, William F. Swindler
Faculty Publications
No abstract provided.
The Supreme Court, Warrantless Searches, And Exigent Circumstances, Richard A. Williamson
The Supreme Court, Warrantless Searches, And Exigent Circumstances, Richard A. Williamson
Faculty Publications
No abstract provided.