Law Commons^™

The Daryl Atkins Story, Mark E. Olive

William & Mary Bill of Rights Journal

No abstract provided.

The True Legacy Of Atkins And Roper: The Unreliability Principle, Mentally Ill Defendants, And The Death Penalty’S Unraveling, Scott E. Sundby

William & Mary Bill of Rights Journal

In striking down the death penalty for intellectually disabled and juvenile defendants, Atkins v. Virginia and Roper v. Simmons have been understandably heralded as important holdings under the Court’s Eighth Amendment jurisprudence that has found the death penalty “disproportional” for certain types of defendants and crimes. This Article argues, however, that the cases have a far more revolutionary reach than their conventional understanding. In both cases the Court went one step beyond its usual two-step analysis of assessing whether imposing the death penalty violated “evolving standards of decency.” This extra step looked at why even though intellectual disability and youth …

A Tale Of Two (And Possibly Three) Atkins: Intellectual Disability And Capital Punishment Twelve Years After The Supreme Court’S Creation Of A Categorical Bar, John H. Blume, Sheri Lynn Johnson, Paul Marcus, Emily Paavola

William & Mary Bill of Rights Journal

No abstract provided.

Scientizing Culpability: The Implications Of Hall V. Florida And The Possibility Of A “Scientific Stare Decisis”, Christopher Slobogin

William & Mary Bill of Rights Journal

The Supreme Court’s decision in Hall v. Florida held that “clinical definitions” control the meaning of intellectual disability in the death penalty context. In other words, Hall “scientized” the definition of a legal concept. This Article discusses the implications of this unprecedented move. It also introduces the idea of scientific stare decisis—a requirement that groups that are scientifically alike be treated similarly for culpability purposes—as a means of implementing the scientization process.

Challenges Of Conveying Intellectual Disabilities To Judge And Jury, Caroline Everington

William & Mary Bill of Rights Journal

No abstract provided.

Sentencing Roulette: How Virginia’S Criminal Sentencing System Is Imposing An Unconstitutional Trial Penalty That Suppresses The Rights Of Criminal Defendants To A Jury Trial, Caleb R. Stone

William & Mary Bill of Rights Journal

No abstract provided.

Does Atkins Make A Difference In Non-Capital Cases? Should It?, Paul Marcus

William & Mary Bill of Rights Journal

No abstract provided.

Hall V. Florida: The Supreme Court’S Guidance In Implementing Atkins, James W. Ellis

William & Mary Bill of Rights Journal

No abstract provided.

Everyone Forgets About The Third Amendment: Exploring The Implications On Third Amendment Case Law Of Extending Its Prohibitions To Include Actions By State Police Officers, Samantha A. Lovin

William & Mary Bill of Rights Journal

No abstract provided.

The Right To Vote: Is The Amendment Game Worth The Candle?, Heather K. Gerken

William & Mary Bill of Rights Journal

No abstract provided.

Theories Of Representation: For The District Of Columbia, Only Statehood Will Do, Mary M. Cheh

William & Mary Bill of Rights Journal

No abstract provided.

Three Questions For The "Right To Vote" Amendment, Richard Briffault

William & Mary Bill of Rights Journal

No abstract provided.

How To Make Sense Of Supreme Court Standing Cases— – A Plea For The Right Kind Of Realism, Richard H. Fallon Jr.

William & Mary Bill of Rights Journal

No abstract provided.

Unstable Footing: Shelby County’S Misapplication Of The Equal Footing Doctrine, Austin Graham

William & Mary Bill of Rights Journal

No abstract provided.

Welcome To New Columbia: The Fiscal, Economic And Political Consequences Of Statehood For D.C., David Schleicher

William & Mary Bill of Rights Journal

No abstract provided.

"…Chosen By The People Of The Several States…": Statehood For The District Of Columbia, Larry Mirel, Joe Sternlieb

William & Mary Bill of Rights Journal

No abstract provided.

Democratic Capital: A Voting Rights Surge In Washington Could Strengthen The Constitution For Everyone, Jamin Raskin

William & Mary Bill of Rights Journal

No abstract provided.

Retained By The People: Federalism, The Ultimate Sovereign, And Natural Limits On Government Power, Stephanie Hall Barclay

William & Mary Bill of Rights Journal

Brewing tensions between state governments and the federal government have reached a boiling point unmatched since the civil rights debates of the 1960s. In light of the rapid expansion of federal power combined with colliding views on various policies, the call for states’ rights has increasingly become a rallying cry for lawmakers that has gained traction with groups on varying points along the political spectrum, as well as a frequent theory employed by the Supreme Court. While the system of federalism created by the Constitution certainly has its unique benefits, and while it is true that the federal government was …

Does The Supreme Court Ignore Standing Problems To Reach The Merits? Evidence (Or Lack Thereof) From The Roberts Court, Heather Elliott

William & Mary Bill of Rights Journal

No abstract provided.

Standing And The Role Of Federal Courts: Triple Error Decisions In Clapper V. Amnesty International Usa And City Of Los Angeles V. Lyons, Vicki C. Jackson

William & Mary Bill of Rights Journal

No abstract provided.

Governmental Sovereignty Actions, Ann Woolhandler

William & Mary Bill of Rights Journal

No abstract provided.

The Quiet Army: Felon Firearm Rights Restoration In The Fourth Circuit, Robert Luther Iii

William & Mary Bill of Rights Journal

Most states afford felons the opportunity to have their political disabilities removed or “rights restored” after they are released from incarceration. In every state within the jurisdiction of the U.S. Court of Appeals for the Fourth Circuit, save Virginia, a felon’s rights are partially restored automatically upon the completion of his sentence, parole, and probation. Absent a pardon, Virginia requires the felon to petition the Governor in writing through the Office of the Secretary of the Commonwealth in order to obtain a partial restoration of rights. One such right that may or may not be restored upon a state-convicted felon’s …

Parental Exclusion From The Education Governance Kaleidoscope: Providing A Political Voice For Marginalized Students In Our Time Of Disruption, Tiffani N. Darden

William & Mary Bill of Rights Journal

This Article develops how the judiciary should play an instrumental part in amplifying the parent’s voice as a citizenship broker for their child. The Supreme Court scrutinizes school-board actions with little consideration of parents’ substantive due process right to control their child’s education through the political process. Through representative school boards, effective participation models, and an enforcement framework, parents could hold the power to affect education policies. Parents deserve full citizenship recognition in the tiered processes controlling public education policy. In addition to recognizing “quality” education as a government interest, the Supreme Court should also take into account the political …

Specificity Or Dismissal: The Improper Extension Of Rule 9(B) To Negligent Misrepresentation As A Deprivation Of Plaintiffs’ Procedural Due Process Rights, Julie A. Cook

William & Mary Bill of Rights Journal

No abstract provided.

Forgetting Furman: Arbitrary Death Penalty Sentencing Schemes Across The Nation, Sarah A. Mourer

William & Mary Bill of Rights Journal

No abstract provided.

Death By Irrelevance: The Unconstitutionality Of Virginia’S Continued Exclusion Of Prison Conditions Evidence To Assess The Future Dangerousness Of Capital Defendants, Andrew Lindsey

William & Mary Bill of Rights Journal

This Note argues that Virginia statutory and case law requiring the exclusion of prison conditions evidence in capital trials where the jury must determine defendants’ future dangerousness is unconstitutional. In Part I, I present certain portions of a hypothetical capital trial in Virginia to introduce readers to the concepts of prison conditions evidence and future dangerousness, and why they are important to capital defendants. In Part II, I trace the development of the constitutional right that is violated by the exclusion of this evidence, as well as how Virginia has come to justify its exclusionary stance based on a flawed …

A Liberal Communitarian Approach To Security Limitations On The Freedom Of The Press, Amitai Etzioni

William & Mary Bill of Rights Journal

No abstract provided.

In Search Of Justice: An Examination Of The Appointments Of John G. Roberts And Samuel A. Alito To The U.S. Supreme Court And Their Impact On American Jurisprudence, Alberto R. Gonzales

William & Mary Bill of Rights Journal

During 2005, President George W. Bush appointed Federal Circuit Court Judges John G. Roberts and Samuel A. Alito to the U.S. Supreme Court. These appointments were the culmination of years of examination of the work, character, and temperament of both men commencing during the 2000 presidential transition. Our evaluation included face-to-face interviews; an analysis of judicial opinions, speeches, and writings; and conversation with friends, colleagues, and court experts. Based on this work, a select group of Bush Administration officials developed a set of predictors that formed the basis of our recommendation to President Bush that he elevate Circuit Court Judges …

Shelby County And The Illusion Of Minimalism, Richard L. Hasen

William & Mary Bill of Rights Journal

No abstract provided.

The Failure Of Originalism In Preserving Constitutional Rights To Civil Jury Trial, Renée Lettow Lerner

William & Mary Bill of Rights Journal

The Federal Bill of Rights and state constitutions rely heavily on procedural protections, especially jury rights. Supporters of these rights at the founding praised the jury in extravagant terms, and many members of the legal profession continue to do so today. Yet civil and criminal jury trials are vanishing in the United States. The disappearance of the civil jury presents a puzzle because the Seventh Amendment and state constitutional rights require that civil jury trial be “preserved” or “remain inviolate.”

Scholarship on the history of constitutional rights to civil jury trial has tended to focus exclusively on the Seventh Amendment, …