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William & Mary Law School

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Constitutional Law

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Full-Text Articles in Law

The Collective Right Endures: Pre-Heller Precedent And Our Understanding Of The Modern Second Amendment, William Reach Dec 2022

The Collective Right Endures: Pre-Heller Precedent And Our Understanding Of The Modern Second Amendment, William Reach

William & Mary Bill of Rights Journal

Prior to 2008, legal scholars who examined the Second Amendment fell roughly into two camps: those who believed “the right of the people to . . . bear arms” only covered state militias, and those who believed it extended to individual citizens.

After District of Columbia v. Heller conclusively established that the “Second Amendment conferred an individual right to keep and bear arms," discussion of the collective right to bear arms largely receded from public discussion and most litigation surrounding the Second Amendment shifted to define the outer edges of the individual right. But the pre-Heller showdown between these …


Gendering Consitutional Design In Post-Conflict Societies, Dina Francesca Haynes, Fionnuala Ni Aolain, Naomi Cahn Apr 2011

Gendering Consitutional Design In Post-Conflict Societies, Dina Francesca Haynes, Fionnuala Ni Aolain, Naomi Cahn

William & Mary Journal of Race, Gender, and Social Justice

This article commences with a discussion of transitional constitutional
design and the ways in which the branches of government
relate to one another, focusing on the consequences of these structures
for women. We are convinced that an analysis of the rights-bearing
portions of a constitution alone is insufficient to fully capture the way
in which power is structured and experienced. Consistent with other
scholars, we start from the view that “constitutions are derived from
a social contract between the constituents who will be governed and
the political actors who will govern; they explain how the society
and government will operate …


Baghdad, Tokyo, Kabul….Constitution Making In Occupied States, Zachary Elkins, Tom Ginsburg, James Melton Mar 2008

Baghdad, Tokyo, Kabul….Constitution Making In Occupied States, Zachary Elkins, Tom Ginsburg, James Melton

William & Mary Law Review

No abstract provided.


What's In A Name? Reflections On Timing, Naming, And Constitution-Making, Vicki C. Jackson Mar 2008

What's In A Name? Reflections On Timing, Naming, And Constitution-Making, Vicki C. Jackson

William & Mary Law Review

No abstract provided.


Expanding Participation In Constitution Making: Challenges And Opportunities, Angela M. Banks Mar 2008

Expanding Participation In Constitution Making: Challenges And Opportunities, Angela M. Banks

William & Mary Law Review

No abstract provided.


Conciliatory Institutions And Constitutional Processes In Post-Conflict States, Donald L. Horowitz Mar 2008

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 Mar 2008

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 Mar 2008

Quintessential Elements Of Meaningful Constitutions In Post-Conflict States, William W. Van Alstyne

William & Mary Law Review

No abstract provided.