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Articles 1 - 6 of 6

Full-Text Articles in Law

Voter Knowledge And Constitutional Change: Assessing The New Deal Experience, Ilya Somin Dec 2003

Voter Knowledge And Constitutional Change: Assessing The New Deal Experience, Ilya Somin

William & Mary Law Review

No abstract provided.


"Critical Stage": Extending The Right To Counsel To The Motion For New Trial Phase, Jonathan G. Neal Dec 2003

"Critical Stage": Extending The Right To Counsel To The Motion For New Trial Phase, Jonathan G. Neal

William & Mary Law Review

No abstract provided.


Establishment And Disestablishment At The Founding, Part I: Establishment Of Religion, Michael W. Mcconnell Apr 2003

Establishment And Disestablishment At The Founding, Part I: Establishment Of Religion, Michael W. Mcconnell

William & Mary Law Review

No abstract provided.


Regulating Political Parties Under A "Public Rights" First Amendment, Gregory P. Magarian Apr 2003

Regulating Political Parties Under A "Public Rights" First Amendment, Gregory P. Magarian

William & Mary Law Review

No abstract provided.


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 Apr 2003

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.


State Courts As Agents Of Federalism: Power And Interpretation In State Constitutional Law, James A. Gardner Mar 2003

State Courts As Agents Of Federalism: Power And Interpretation In State Constitutional Law, James A. Gardner

William & Mary Law Review

In the American constitutional tradition, federalism is commonly understood as a mechanism designed to institutionalize a kind of permanent struggle between state and national power. The same American constitutional tradition also holds that courts are basically passive institutions whose mission is to apply the law impartially while avoiding inherently political power struggles. These two commonplace understandings conflict on their face. The conflict may be dissolved for federal courts by conceiving their resistance to state authority as the impartial consequence of limitations on state power imposed by the United States Constitution. This reconciliation, however, is unavailable for state courts, which, by …