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Supreme Court of the United States

William & Mary Law School

Constitutional Law

2016

Articles 1 - 3 of 3

Full-Text Articles in Law

Book Review Of Constitutional Personae, Michael N. Umberger Jul 2016

Book Review Of Constitutional Personae, Michael N. Umberger

Library Staff Publications

No abstract provided.


Tiers Of Scrutiny In A Hierarchical Judiciary, Tara Leigh Grove Jul 2016

Tiers Of Scrutiny In A Hierarchical Judiciary, Tara Leigh Grove

Faculty Publications

No abstract provided.


Stanley V. Illinois’S Untold Story, Josh Gupta-Kagan Mar 2016

Stanley V. Illinois’S Untold Story, Josh Gupta-Kagan

William & Mary Bill of Rights Journal

Stanley v. Illinois is one of the Supreme Court’s more curious landmark cases. The holding is well known: the Due Process Clause both prohibits states from removing children from the care of unwed fathers simply because they are not married and requires states to provide all parents with a hearing on their fitness. By recognizing strong due process protections for parents’ rights, Stanley reaffirmed Lochner-era cases that had been in doubt and formed the foundation of modern constitutional family law. But Peter Stanley never raised due process arguments, so it has long been unclear how the Court reached this decision. …