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Articles 1 - 21 of 21
Full-Text Articles in Law
Reconstructing The Dormant Commerce Clause Doctrine, Brannon P. Denning
Reconstructing The Dormant Commerce Clause Doctrine, Brannon P. Denning
William & Mary Law Review
In this Article, I argue that the alleged incoherence and unpredictability of the dormant Commerce Clause doctrine (DCCD) is rooted in the Supreme Court's search, through the years, for a stable set of rules enabling it to distinguish permissible from impermissible state regulations of interstate commerce and commercial actors. Its lack of success, the Article argues, is due in large part to the Court's inability to settle on the constitutional command the doctrine was to enforce. Historically, the Court would promulgate a set of rules, apply them for a time, then alter or modify them as the rules became unsatisfactory. …
Possession Is Nine Tenths Of The Law: But Who Really Owns A Church's Property In The Wake Of A Religious Split Within A Hierarchical Church?, Meghaan Cecilia Mcelroy
Possession Is Nine Tenths Of The Law: But Who Really Owns A Church's Property In The Wake Of A Religious Split Within A Hierarchical Church?, Meghaan Cecilia Mcelroy
William & Mary Law Review
No abstract provided.
Tempest In An Empty Teapot: Why The Constitution Does Not Regulate Gerrymandering, Larry Alexander, Saikrishna B. Prakash
Tempest In An Empty Teapot: Why The Constitution Does Not Regulate Gerrymandering, Larry Alexander, Saikrishna B. Prakash
William & Mary Law Review
Judges and scholars are convinced that the Constitution forbids gerrymandering that goes "too far"--legislative redistrictings that are too partisan, too focused on race, etc. Gerrymanders are said to be unconstitutional for many reasons-they dilute votes, they are anti-democratic, and they generate uncompetitive elections won by extremist candidates. Judges and scholars cite numerous clauses that gerrymanders supposedly violate- the Equal Protection Clause, the Guarantee Clause, and even the First Amendment. We dissent from this orthodoxy. Most of these claims rest on the notion that the Constitution establishes certain ideals about representation in legislatures and about the outcome and conduct of elections. …
Initiating A New Constitutional Dialogue: The Increased Importance Under Aedpa Of Seeking Certiorari From Judgments Of State Courts, Giovanna Shay, Christopher Lasch
Initiating A New Constitutional Dialogue: The Increased Importance Under Aedpa Of Seeking Certiorari From Judgments Of State Courts, Giovanna Shay, Christopher Lasch
William & Mary Law Review
The Antiterrorism and Effective Death Penalty Act (AEDPA) contains a provision restricting federal courts from considering any authority other than holdings of the Supreme Court in determining whether to grant a state prisoner's petition for habeas corpus. Through an empirical study of cert filings and cases decided by the Supreme Court, we assess this provision's impact on the development of federal constitutional criminal doctrine. Before AEDPA and other restrictions on federal habeas corpus, lower federal courts and state courts contributed to doctrinal development by engaging in a "dialogue" (as described by Robert M. Cover and T. Alexander Aleinikoff in a …
Death By A Thousand Cases: After Booker, Rita, And Gall, The Guidelines Still Violate The Sixth Amendment, David C. Holman
Death By A Thousand Cases: After Booker, Rita, And Gall, The Guidelines Still Violate The Sixth Amendment, David C. Holman
William & Mary Law Review
No abstract provided.
Religion At A Public University, Gerard V. Bradley
Religion At A Public University, Gerard V. Bradley
William & Mary Law Review
No abstract provided.
Why Church And State Should Be Separate, Erwin Chemerinsky
Why Church And State Should Be Separate, Erwin Chemerinsky
William & Mary Law Review
No abstract provided.
Political Judges And Popular Justice: A Conservative Victory Or A Conservative Dilemma?, George D. Brown
Political Judges And Popular Justice: A Conservative Victory Or A Conservative Dilemma?, George D. Brown
William & Mary Law Review
Most of the judges in America are elected. Yet the institution of the elected judiciary is in trouble, perhaps in crisis. The pressures of campaigning, particularly raising money, have produced an intensity of electioneering that many observers see as damaging to the institution itself. In an extraordinary development, four justices of the Supreme Court recently expressed concern over possible loss of trust in state judicial systems. Yet mechanisms that states have put in place to strike a balance between the accountability values of an elected judiciary and rule of law values of unbiased adjudication are increasingly invalidated by the federal …
Baghdad, Tokyo, Kabul….Constitution Making In Occupied States, Zachary Elkins, Tom Ginsburg, James Melton
Baghdad, Tokyo, Kabul….Constitution Making In Occupied States, Zachary Elkins, Tom Ginsburg, James Melton
William & Mary Law Review
No abstract provided.
A Constitution Between Past And Future, Kim Lane Scheppele
A Constitution Between Past And Future, Kim Lane Scheppele
William & Mary Law Review
No abstract provided.
Constitution Writing In Post-Conflict Settings: An Overview, Jennifer Widner
Constitution Writing In Post-Conflict Settings: An Overview, Jennifer Widner
William & Mary Law Review
No abstract provided.
Popular Authorship And Constitution Making: Comparing And Contrasting The Drc And Kenya, James Thuo Gathii
Popular Authorship And Constitution Making: Comparing And Contrasting The Drc And Kenya, James Thuo Gathii
William & Mary Law Review
No abstract provided.
The Theocratic Challenge To Constitution Drafting In Post-Conflict States, Ran Hirschl
The Theocratic Challenge To Constitution Drafting In Post-Conflict States, Ran Hirschl
William & Mary Law Review
No abstract provided.
What's In A Name? Reflections On Timing, Naming, And Constitution-Making, Vicki C. Jackson
What's In A Name? Reflections On Timing, Naming, And Constitution-Making, Vicki C. Jackson
William & Mary Law Review
No abstract provided.
Constitution Making After National Catastrophes: Germany In 1949 And 1990, Inga Markovits
Constitution Making After National Catastrophes: Germany In 1949 And 1990, Inga Markovits
William & Mary Law Review
No abstract provided.
Expanding Participation In Constitution Making: Challenges And Opportunities, Angela M. Banks
Expanding Participation In Constitution Making: Challenges And Opportunities, Angela M. Banks
William & Mary Law Review
No abstract provided.
Some Skepticism About Normative Constitutional Advice, Mark Tushnet
Some Skepticism About Normative Constitutional Advice, Mark Tushnet
William & Mary Law Review
No abstract provided.
Conciliatory Institutions And Constitutional Processes In Post-Conflict States, Donald L. Horowitz
Conciliatory Institutions And Constitutional Processes In Post-Conflict States, Donald L. Horowitz
William & Mary Law Review
No abstract provided.
Constitution Making At The Edges Of Constituional Order, Karol Edward Soltan
Constitution Making At The Edges Of Constituional Order, Karol Edward Soltan
William & Mary Law Review
No abstract provided.
Quintessential Elements Of Meaningful Constitutions In Post-Conflict States, William W. Van Alstyne
Quintessential Elements Of Meaningful Constitutions In Post-Conflict States, William W. Van Alstyne
William & Mary Law Review
No abstract provided.
Could And Should America Have Made An Ottoman Republic In 1919?, Paul D. Carrington
Could And Should America Have Made An Ottoman Republic In 1919?, Paul D. Carrington
William & Mary Law Review
No abstract provided.