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Full-Text Articles in Law
Constitutional Doctrine As Paring Tool: The Struggle For "Relevant" Evidence In University Of Alabama V. Garrett, Pamela Brandwein
Constitutional Doctrine As Paring Tool: The Struggle For "Relevant" Evidence In University Of Alabama V. Garrett, Pamela Brandwein
University of Michigan Journal of Law Reform
This Article examines the difficulties involved in translating the social model of disability into the idiom of constitutional law. The immediate focus is University of Alabama v. Garrett. Both parts of this Article consider how disability rights claims collide with a discourse of legitimacy in constitutional law. Part I focuses on the arguments presented in several major Briefs filed in support of Garrett. Constitutional doctrines are conceived as paring tools and it is shown how the Court used these doctrines to easily pare down the body of evidence Garrett's lawyers sought to claim as relevant in justifying the ADA …
The Imperial Sovereign: Sovereign Immunity & The Ada, Judith Olans Brown, Wendy E. Parmet
The Imperial Sovereign: Sovereign Immunity & The Ada, Judith Olans Brown, Wendy E. Parmet
University of Michigan Journal of Law Reform
Professors Brown and Parmet examine the impact of the Supreme Court's resurrection of state sovereign immunity on the rights of individuals protected by the Americans with Disabilities Act in light of the recent decision, Board of Trustees of the University of Alabama v. Garrett. Placing Garrett within the context of the Rehnquist Court's evolving reallocation of state and federal authority, they argue that the Court has relied upon a mythic and dangerous notion of sovereignty that is foreign to the Framers' understanding. Brown and Parmet go on to show that, by determining that federalism compels constraining congressional power to …
Constitutional Theory For Criminal Procedure: Dickerson, Miranda, And The Continuing Quest For Broad-But-Shallow, Donald A. Dripps
Constitutional Theory For Criminal Procedure: Dickerson, Miranda, And The Continuing Quest For Broad-But-Shallow, Donald A. Dripps
William & Mary Law Review
No abstract provided.
The Constitution In Exile: Is It Time To Bring It In From The Cold?, William W. Van Alstyne
The Constitution In Exile: Is It Time To Bring It In From The Cold?, William W. Van Alstyne
Faculty Publications
No abstract provided.
Section 1: Adarand Constructors V. Mineta, Institute Of Bill Of Rights Law, William & Mary Law School
Section 1: Adarand Constructors V. Mineta, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 5: Criminal Law And Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Section 5: Criminal Law And Procedure, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 2: Direction Of The Rehnquist Court, Institute Of Bill Of Rights Law, William & Mary Law School
Section 2: Direction Of The Rehnquist Court, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 10: Also This Term, Institute Of Bill Of Rights Law, William & Mary Law School
Section 10: Also This Term, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 7: Employment Law, Institute Of Bill Of Rights Law, William & Mary Law School
Section 7: Employment Law, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 6: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School
Section 6: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 4: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Section 4: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 3: Legacy Of Bush V. Gore, Institute Of Bill Of Rights Law, William & Mary Law School
Section 3: Legacy Of Bush V. Gore, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 9: Looking Ahead: Upcoming Issues, Institute Of Bill Of Rights Law, William & Mary Law School
Section 9: Looking Ahead: Upcoming Issues, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 8: Business Law, Institute Of Bill Of Rights Law, William & Mary Law School
Section 8: Business Law, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Criminalization Of True Anonymity In Cyberspace, The, George F. Du Pont
Criminalization Of True Anonymity In Cyberspace, The, George F. Du Pont
Michigan Telecommunications & Technology Law Review
The question of whether a state or the federal government can create a narrowly tailored restriction on cyberspace anonymity without violating the First Amendment remains unresolved[...]The Supreme Court has not directly addressed the issue, but it may soon consider the constitutionality of criminalizing certain kinds of cyber-anonymity in light of the unique nature of cyberspace. This comment explores the various forms of anonymity, examines the First Amendment status of anonymity in and outside of cyberspace, analyzes relevant scholarly commentary, and concludes that a narrowly tailored legislative restriction on "true" anonymity in cyberspace would not violate the First Amendment.
Structural Review, Pseudo-Second-Look Decision Making, And The Risk Of Diluting Constitutional Liberty, Dan T. Coenen
Structural Review, Pseudo-Second-Look Decision Making, And The Risk Of Diluting Constitutional Liberty, Dan T. Coenen
William & Mary Law Review
No abstract provided.
Subconsitutional Constitutional Law: Supplement, Sham, Or Substitute?, Mark Tushnet
Subconsitutional Constitutional Law: Supplement, Sham, Or Substitute?, Mark Tushnet
William & Mary Law Review
No abstract provided.
A Constitution Of Collaboration: Protecting Fundamental Values With Second-Look Rules Of Interbranch Dialogue, Dan T. Coenen
A Constitution Of Collaboration: Protecting Fundamental Values With Second-Look Rules Of Interbranch Dialogue, Dan T. Coenen
William & Mary Law Review
No abstract provided.
Religion And The First Amendment: Some Causes Of The Recent Confusion, Carl H. Esbeck
Religion And The First Amendment: Some Causes Of The Recent Confusion, Carl H. Esbeck
William & Mary Law Review
No abstract provided.
Social Meaning And School Vouchers, Neal Devins
Social Meaning And School Vouchers, Neal Devins
William & Mary Law Review
No abstract provided.
Who Speaks For The State?: Religious Speakers On Government Platforms And The Role Of Disclaiming Endorsement, Steven H. Aden
Who Speaks For The State?: Religious Speakers On Government Platforms And The Role Of Disclaiming Endorsement, Steven H. Aden
William & Mary Bill of Rights Journal
The recent Supreme Court decision in Santa Fe Independent School District v. Doe prohibits prayer at school-sponsored events. In this Article the author analyzes the development of Supreme Court jurisprudence in the area of religion in public schools. Noting the tension between the Establishment and Free Speech Clauses, the author proposes the use of disclaimers to allow student expression at school events to avoid violating the Establishment Clause.
The De Facto Termination Of Alaska Native Sovereignty: An Anomaly In An Era Of Self-Determination, Benjamin W. Thompson
The De Facto Termination Of Alaska Native Sovereignty: An Anomaly In An Era Of Self-Determination, Benjamin W. Thompson
American Indian Law Review
No abstract provided.
Congress As Culprit: How Lawmakers Spurred On The Court's Anti-Congress Crusade, Neal Devins
Congress As Culprit: How Lawmakers Spurred On The Court's Anti-Congress Crusade, Neal Devins
Faculty Publications
No abstract provided.
Supreme Court Monitoring Of The United States Courts Of Appeals En Banc, Tracey E. George, Michael E. Solimine
Supreme Court Monitoring Of The United States Courts Of Appeals En Banc, Tracey E. George, Michael E. Solimine
Vanderbilt Law School Faculty Publications
This article considers systematically whether the Supreme Court is more likely to review an en banc court of appeals decision than a panel decision. First, we consider Supreme Court review of en banc cases during the Rehnquist Court. Then, in a multivariate empirical analysis of a three-circuit subset of those cases, we control for other variables found to influence the Court's certiorari decision, such as Solicitor General or amicus curiae support for the certiorari petition, a dissent from the court of appeal's opinion, an outcome contrary to the Court's ideological composition, and an intercircuit conflict. The discussion is situated in …
Conflating Scope Of Right With Standard Of Review: The Supreme Court's Strict Scrutiny Of Congressional Efforts To Enforce The Fourteenth Amendment, Melissa Hart
Publications
No abstract provided.
Beyond Indian Law: The Rehnquist Court’S Pursuit Of States’ Rights, Color-Blind Justice And Mainstream Values, David H. Getches
Beyond Indian Law: The Rehnquist Court’S Pursuit Of States’ Rights, Color-Blind Justice And Mainstream Values, David H. Getches
Publications
No abstract provided.
The Search For Incontrovertible Visual Evidence, Paul F. Campos
The Search For Incontrovertible Visual Evidence, Paul F. Campos
Publications
No abstract provided.
Undoing Indian Law One Case At A Time: Judicial Minimalism And Tribal Sovereignty, Sarah Krakoff
Undoing Indian Law One Case At A Time: Judicial Minimalism And Tribal Sovereignty, Sarah Krakoff
Publications
No abstract provided.
Miranda And Some Puzzles Of 'Prophylactic' Rules, Evan H. Caminker
Miranda And Some Puzzles Of 'Prophylactic' Rules, Evan H. Caminker
Articles
Constitutional law scholars have long observed that many doctrinal rules established by courts to protect constitutional rights seem to "overprotect" those rights, in the sense that they give greater protection to individuals than those rights, as abstractly understood, seem to require.' Such doctrinal rules are typically called "prophylactic" rules.2 Perhaps the most famous, or infamous, example of such a rule is Miranda v. Arizona,' in which the Supreme Court implemented the Fifth Amendment's privilege against self-incrimination4 with a detailed set of directions for law enforcement officers conducting custodial interrogations, colloquially called the Miranda warnings. 5
Free-Standing Due Process And Criminal Procedure: The Supreme Court's Search For Interpretive Guidelines, Jerold H. Israel
Free-Standing Due Process And Criminal Procedure: The Supreme Court's Search For Interpretive Guidelines, Jerold H. Israel
Articles
When I was first introduced to the constitutional regulation of criminal procedure in the mid-1950s, a single issue dominated the field: To what extent did the due process clause of the Fourteenth Amendment impose upon states the same constitutional restraints that the Fourth, Fifth, Sixth and Eighth Amendments imposed upon the federal government? While those Bill of Rights provisions, as even then construed, imposed a broad range of constitutional restraints upon the federal criminal justice system, the federal system was (and still is) minuscule as compared to the combined systems of the fifty states. With the Bill of Rights provisions …