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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
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
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
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
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.
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
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
What Brown Teaches Us About The Rehnquist Court's Federalism Revival, Neal Devins
Faculty Publications
No abstract provided.
Better Lucky Than Good, Neal Devins
Section 7: Federalism In The Rehnquist Court, Institute Of Bill Of Rights Law, William & Mary Law School
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
Attitudes About Attitudes, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Federalism And Formalism, Allison H. Eid
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
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
Faculty Publications
No abstract provided.
Federal Judicial Selection As War, Part Three: The Role Of Ideology, Michael J. Gerhardt
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
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
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
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
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
Supreme Court Selection As War, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Comparing Judicial Selection Systems, Lee Epstein, Jack C. Knight, Olga Shvetsova
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
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
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
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
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
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
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
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.