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- Freedom of Speech (3)
- Judicial Selection (3)
- Judicial Selection Methods (3)
- Boy Scouts of America v. Dale (530 U.S. 640 (2000)) (2)
- Freedom of Association (2)
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- Freedom of Religion (2)
- Judicial Candidates (2)
- United States Congress and Senate Committee on the Judiciary (2)
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- American Bar Association (1)
- Book Reviews (1)
- Boy Scouts of America (1)
- Church and State (1)
- Cl. 3 (1)
- Constitutional History (1)
- Corporation Law (1)
- DNA Identification (1)
- Discrimination Against Gays (1)
- Harassment (1)
- John Marshall (1)
- Judicial Candidates Investigations (1)
- Libel and Slander (1)
- Mandatory Retirement (1)
- Michael J. Gerhardt (1)
- Parliamentary Procedure (1)
- Religion and Law (1)
- Religious Land Use and Institutionalized Persons Act of 2000 (1)
- Right of Privacy (1)
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Articles 1 - 15 of 15
Full-Text Articles in Law
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 Questioning Of Lower Federal Court Nominees At Senate Confirmation Hearings, William Ross
The Questioning Of Lower Federal Court Nominees At Senate Confirmation Hearings, William Ross
William & Mary Bill of Rights Journal
No abstract provided.
Religious Land Use And Institutionalized Persons Act Of 2000: The Land Use Provisions Are Both Unconstitutional And Unnecessary, Ada-Marie Walsh
Religious Land Use And Institutionalized Persons Act Of 2000: The Land Use Provisions Are Both Unconstitutional And Unnecessary, Ada-Marie Walsh
William & Mary Bill of Rights Journal
The Religious Land Use and Institutionalized Persons Act of 2000 was Congress 'response to the Supreme Court's striking down of the Religious Freedom Restoration Act in City of Boerne v. Flores. In promulgating the Religious Land Use and Institutionalized Persons Act, Congress, inter alia, sought to protect the free exercise of religion from excessive governmental meddling while remedying discrimination suffered by religious individuals and groups in the area of land use. In dealing solely with land use provisions of the RLUIPA, the author argues that the Religious Land Use and lnstitutionalized Person Act is unconstitutional because it violates the Establishment …
The Bush Administration And Appeals Court Nominees, Carl Tobias
The Bush Administration And Appeals Court Nominees, Carl Tobias
William & Mary Bill of Rights Journal
No abstract provided.
Introduction To The Symposium: The Judicial Process Appointments Process, Carly Van Orman
Introduction To The Symposium: The Judicial Process Appointments Process, Carly Van Orman
William & Mary Bill of Rights Journal
No abstract provided.
The Aba's Role In Prescreening Federal Judicial Candidates: Are We Ready To Give Up On The Lawyers?, Laura E. Little
The Aba's Role In Prescreening Federal Judicial Candidates: Are We Ready To Give Up On The Lawyers?, Laura E. Little
William & Mary Bill of Rights Journal
No abstract provided.
The "Blue Slip": Enforcing The Norms Of The Judicial Confirmation Process, Brannon P. Denning
The "Blue Slip": Enforcing The Norms Of The Judicial Confirmation Process, Brannon P. Denning
William & Mary Bill of Rights Journal
No abstract provided.
Politics And Personalities In The Federal Appointments Process, Christopher L. Eisgruber
Politics And Personalities In The Federal Appointments Process, Christopher L. Eisgruber
William & Mary Bill of Rights Journal
Michael Gerhardt's latest book, The Federal Appointments Process, examines historically both the politics and procedures employed by the president and Congress in selecting, and ultimately appointing, judicial nominees. In this book review, Professor Christopher Eisgruber focuses on some of Gerhardt's most salient observations and illustrates the degree to which the historical trends Gerhardt describes impact current appointment practices.
The Expressive Interest Of Associations, Erwin Chemerinsky, Catherine Fisk
The Expressive Interest Of Associations, Erwin Chemerinsky, Catherine Fisk
William & Mary Bill of Rights Journal
Professors Erwin Chemerinsky and Catherine Fisk take issue on several grounds with Boy Scouts of America v. Dale, in which the Supreme Court held that the Boy Scouts have a First Amendment right to exclude gays, even though state law prohibits such discrimination. They first criticize Dale 's holding that courts must accept the group leadership's characterization of the group's expressive message. The Court's approach short-circuited the process by which an organization ordinarily develops or transforms its expressive message--internal deliberation, public articulation of a message, and recruitment of like-minded members-and it did so at the expense of many current and …
The Right Of Expressive Association And Private Universities' Racial Preferences And Speech Codes, David E. Bernstein
The Right Of Expressive Association And Private Universities' Racial Preferences And Speech Codes, David E. Bernstein
William & Mary Bill of Rights Journal
The reaction to Boy Scouts of America v. Dale has divided along ideological lines. Conservatives generally support Dale because in their eyes it prevents the government from taking sides in the culture wars. "Progressives, "including many liberals who otherwise have strong civil libertarian instincts, oppose Dale because it inhibits the enforcement of antidiscrimination laws in some contexts. The underlying issue in Dale was whether a private, nonprofit expressive association has a First Amendment right to discriminate to prevent dilution of its message. Despite the ideological rancor over Dale, this right does not favor groups with any particular perspective, but protects …
Personal Does Not Always Equal "Private": The Constitutionality Of Requiring Dna Samples From Convicted Felons And Arrestees, Martha L. Lawson
Personal Does Not Always Equal "Private": The Constitutionality Of Requiring Dna Samples From Convicted Felons And Arrestees, Martha L. Lawson
William & Mary Bill of Rights Journal
In the past couple of decades, the use of DNA testing has become a major debate in criminal law. Many Americans have called for regular use of DNA testing in criminal cases, particularly in the aftermath of the O.J. Simpson murder trial. While these tests can potentially help better ensure justice conducting DNA tests raises fundamental personal privacy concerns. This Note analyzes the development of DNA testing throughout the United States, giving a historical account of how the courts and local police departments have dealt with this testing Finally, the Note argues that the government's interest in mandatory testing of …
Protecting The Cellular Citizen-Critic: The State Of Political Speech From Sullivan To Popa, Clay Calvert
Protecting The Cellular Citizen-Critic: The State Of Political Speech From Sullivan To Popa, Clay Calvert
William & Mary Bill of Rights Journal
The 1999federal appellate court decision of United States v. Popa suggests the startling emergence of a nascent First Amendment right to engage in anonymous and racist telephonic harassment of government officials. Professor Calvert suggests that this decision sadly reflects the state of political discourse in the United States today, namely a dialectical free-for-all directly contrary to the vision of philosopher-educator Alexander Meiklejohn, a vision advanced by the United States Supreme Court in New York Times Co. v. Sullivan but rejected by the shout-and- attack cultures of cable news channel political talk shows and call-in radio programs. The Popa decision also …
The State Of The Canon In Constitutional Law: Lessons From The Jurisprudence Of John Marshall, David E. Marion
The State Of The Canon In Constitutional Law: Lessons From The Jurisprudence Of John Marshall, David E. Marion
William & Mary Bill of Rights Journal
Constitutional law has been an active battlefield as competing groups within the academy seek to deconstruct, reconstruct, and/or relegitimize the teaching and practice of law in the United States. Much of the rhetoric of the debate is couched in the language of rights. There is a danger that diminished attention to powers in the rhetoric and teaching of constitutional law may compromise sober and moderate constitutional reasoning. By reinvigorating reflection on powers-related issues, the legal profession can do its part to promote sobriety, and hence an added dose of prudence, in constitutional reflection and discourse by a democratic citizenry whose …
Religion, Rationality, And Special Treatment, Jane Rutherford
Religion, Rationality, And Special Treatment, Jane Rutherford
William & Mary Bill of Rights Journal
Religion has always played a major role in American society, both politically and socially. Its influence on the Constitution is expressed in the Establishment and Free Exercise Clauses. Why is religion given special treatment by the Constitution? In this Article, Professor Jane Rutherford makes a structural argument for religious liberty. Rutherford posits that religion is treated differently not because of the content of its views, but because of the various other functions it serves, such as providing voices for outsiders and advancing non-market values. Rutherford concludes that we should return to more serious enforcement of the Establishment and Free Exercise …
The Corporate Defamation Plaintiff In The Era Of Slapps: Revisiting New York Times V. Sullivan, D. Mark Jackson
The Corporate Defamation Plaintiff In The Era Of Slapps: Revisiting New York Times V. Sullivan, D. Mark Jackson
William & Mary Bill of Rights Journal
Corporations have increasingly used defamation suits as an offensive weapon. Many of these suits may be defined as SLAPP suits-Strategic Litigation Against Public Participation. These suits, often meritless, are designed to harass and silence a corporations' critics. Following a survey oft he history of defamation law and the protection of free speech, this Note argues that corporations should be treated as per se public figures in defamation suits. This derives from the uniquely public nature of a corporation and an assumption of the risk of defamatory falsehoods that arises from the act of incorporation.Treating corporations in this manner would place …