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Articles 31 - 60 of 106

Full-Text Articles in Law

Section 1: Moot Court, Partial Birth Abortion, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2006

Section 1: Moot Court, Partial Birth Abortion, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 1: Moot Court, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2005

Section 1: Moot Court, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 5: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2005

Section 5: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Reflections On The Teaching Of Constitutional Law, William W. Van Alstyne Apr 2005

Reflections On The Teaching Of Constitutional Law, William W. Van Alstyne

Faculty Publications

No abstract provided.


Bridging The Enforcement Gap In Constitutional Law: A Critique Of The Supreme Court's Theory That Self-Restraint Promotes Federalism, Robert J. Pushaw Jr. Feb 2005

Bridging The Enforcement Gap In Constitutional Law: A Critique Of The Supreme Court's Theory That Self-Restraint Promotes Federalism, Robert J. Pushaw Jr.

William & Mary Law Review

No abstract provided.


Section 6: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School Oct 2004

Section 6: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


What Brown Teaches Us About The Rehnquist Court's Federalism Revival, Neal Devins Jan 2004

What Brown Teaches Us About The Rehnquist Court's Federalism Revival, Neal Devins

Faculty Publications

No abstract provided.


Better Lucky Than Good, Neal Devins Jan 2004

Better Lucky Than Good, Neal Devins

Faculty Publications

No abstract provided.


Section 7: Federalism In The Rehnquist Court, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2003

Section 7: Federalism In The Rehnquist Court, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Attitudes About Attitudes, Michael J. Gerhardt May 2003

Attitudes About Attitudes, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Federalism And Formalism, Allison H. Eid Apr 2003

Federalism And Formalism, Allison H. Eid

William & Mary Bill of Rights Journal

Many commentators have criticized the Supreme Court's New Federalism decisions as "excessively formalistic. " In this Article, Professor Eid argues that this "standard critique" is wrong on both a descriptive and normative level. Descriptively, she argues that the standard critique mistakenly downplays the extent to which the New Federalism decisions consider the values that federalism serves, and contends that they employ the same sort of formalism/functionalism blend that is found in the Court's separation of powers jurisprudence. Professor Eid then contends that the standard critique's normative prescription - a case-by-case balancing test that would weigh the federal interest against the …


Treating The Pen And The Sword As Constitutional Equals: How And Why The Supreme Court Should Apply Its First Amendment Expertise To The Great Second Amendment Debate, David G. Browne Apr 2003

Treating The Pen And The Sword As Constitutional Equals: How And Why The Supreme Court Should Apply Its First Amendment Expertise To The Great Second Amendment Debate, David G. Browne

William & Mary Law Review

No abstract provided.


The Federalism-Rights Nexus: Explaining Why Senate Democrats Tolerate Rehnquist Court Decision Making But Not The Rehnquist Court, Neal Devins Oct 2002

The Federalism-Rights Nexus: Explaining Why Senate Democrats Tolerate Rehnquist Court Decision Making But Not The Rehnquist Court, Neal Devins

Faculty Publications

No abstract provided.


Federal Judicial Selection As War, Part Three: The Role Of Ideology, Michael J. Gerhardt Oct 2002

Federal Judicial Selection As War, Part Three: The Role Of Ideology, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Section 7: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2002

Section 7: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Marbury Ascendant: The Rehnquist Court And The Power To "Say What The Law Is", Timothy Zick Jul 2002

Marbury Ascendant: The Rehnquist Court And The Power To "Say What The Law Is", Timothy Zick

Faculty Publications

No abstract provided.


Easing The Spring: Strict Scrutiny And Affirmative Action After The Redistricting Cases, Pamela S. Karlan Mar 2002

Easing The Spring: Strict Scrutiny And Affirmative Action After The Redistricting Cases, Pamela S. Karlan

William & Mary Law Review

No abstract provided.


The Business Of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy Of Justice George Sutherland, Samuel R. Olken Feb 2002

The Business Of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy Of Justice George Sutherland, Samuel R. Olken

William & Mary Bill of Rights Journal

In The Business of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy of Justice George Sutherland, Samuel Olken traces the dichotomy that emerged in constitutional law in the aftermath of the Lochner era between economic liberty and freedom of expression. During the 1930s, while a deeply divided United States Supreme Court adopted a laissez faire approach to economic regulation, it viewed with great suspicion laws that restricted the manner and content of expression. During this period, Justice George Sutherland often clashed with the majority consistently insisting that state regulation of private economic rights bear a close and …


Supreme Court Selection As War, Michael J. Gerhardt Jan 2002

Supreme Court Selection As War, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Comparing Judicial Selection Systems, Lee Epstein, Jack C. Knight, Olga Shvetsova Dec 2001

Comparing Judicial Selection Systems, Lee Epstein, Jack C. Knight, Olga Shvetsova

William & Mary Bill of Rights Journal

No abstract provided.


The Constitution In Exile: Is It Time To Bring It In From The Cold?, William W. Van Alstyne Oct 2001

The Constitution In Exile: Is It Time To Bring It In From The Cold?, William W. Van Alstyne

Faculty Publications

No abstract provided.


Structural Review, Pseudo-Second-Look Decision Making, And The Risk Of Diluting Constitutional Liberty, Dan T. Coenen May 2001

Structural Review, Pseudo-Second-Look Decision Making, And The Risk Of Diluting Constitutional Liberty, Dan T. Coenen

William & Mary Law Review

No abstract provided.


Subconsitutional Constitutional Law: Supplement, Sham, Or Substitute?, Mark Tushnet May 2001

Subconsitutional Constitutional Law: Supplement, Sham, Or Substitute?, Mark Tushnet

William & Mary Law Review

No abstract provided.


A Constitution Of Collaboration: Protecting Fundamental Values With Second-Look Rules Of Interbranch Dialogue, Dan T. Coenen May 2001

A Constitution Of Collaboration: Protecting Fundamental Values With Second-Look Rules Of Interbranch Dialogue, Dan T. Coenen

William & Mary Law Review

No abstract provided.


Social Meaning And School Vouchers, Neal Devins Mar 2001

Social Meaning And School Vouchers, Neal Devins

William & Mary Law Review

No abstract provided.


Religion And The First Amendment: Some Causes Of The Recent Confusion, Carl H. Esbeck Mar 2001

Religion And The First Amendment: Some Causes Of The Recent Confusion, Carl H. Esbeck

William & Mary Law Review

No abstract provided.


Congress As Culprit: How Lawmakers Spurred On The Court's Anti-Congress Crusade, Neal Devins Jan 2001

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 Sep 2000

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 Sep 2000

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 Apr 2000

Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, Kathryn R. Urbonya

Faculty Publications

No abstract provided.