Law Commons^™

Association, Advocacy, And The First Amendment, Victor Brudney

William & Mary Bill of Rights Journal

No abstract provided.

Sources Of Rights To Access Public Information, Henry H. Perritt

William & Mary Bill of Rights Journal

No abstract provided.

Seventh Amendment Right To Jury Trial In Non-Article Iii Proceedings: A Study In Dysfunctional Constitutional Theory, Martin H. Redish, Daniel J. La Fave

William & Mary Bill of Rights Journal

The right to a jury trial in civil cases, as enumerated in the Seventh Amendment to the United States Constitution, is an integral part of the Bill of Rights. Nevertheless, in this Article, Professor Redish and Mr. La Fave argue that the Supreme Court has failed to preserve this right when Congress has relegated claims to a non-Article III forum. Furthermore, they argue, the Court has done so without providing any basis in constitutional theory to justify such a relinquishment.

Professor Redish and Mr. La Fave first examine the Supreme Court's interpretation of the Seventh Amendment in instances where Congress …

Monkey Trials: Science, Defamation, And The Suppression Of Dissent, Michael Kent Curtis

William & Mary Bill of Rights Journal

In 1992, Rolling Stone magazine published "The Origin of AIDS. ?" The article explored a controversial and unconfirmed theory that the AIDS epidemic had been an inadvertent result of a polio vaccine trial conducted in Africa in the late 1950s. The researcher who conducted the African trials discussed by Rolling Stone sued the magazine for libel. He alleged that the article should be interpreted as asserting that he had caused the epidemic, that the AIDS-polio vaccine theory was false, and that it defamed him. Monkey Trials explores the controversial theory of the origin of AIDS and considers whether discussion (or …

Information About Individuals In The Hands Of Government: Some Reflections On Mechanisms For Privacy Protection, Lillian R. Bevier

William & Mary Bill of Rights Journal

Information is the handmaiden of the modern activist state. In particular, information provided by individuals to government enables government to assess and collect taxes, to distribute social welfare benefits, and to pursue its regulatory agenda. Computer technology enhances the government's ability to gather, store, analyze, and process personal data. Computers make it easy for government agencies to share with one another information provided to them by individual citizens.

These facts bring issues of "informational privacy" to the fore. In this Article, Professor BeVier examines one such issue, namely that of unconsented-to use by government of accurate information provided by citizens …

The Constitutionality Of Lobby Reform: Implicating Associational Privacy And The Right To Petition The Government, Steven A. Browne

William & Mary Bill of Rights Journal

Lobbyists currently are required to register and report to the United States Congress under the Federal Regulation of Lobbying Act of 1946. Because of poor draftsmanship, the 1946 Act actually covers few lobbyists and is not enforced by the federal government. One recent federal bill attempts to reform lobbying registration by addressing the inadequacies of the current law. If enacted, this bill might be challenged as an impediment to First Amendment rights. Any attempt at lobby reform implicates the First Amendment right to petition the government and the right of associational privacy. These issues have been analyzed by state and …