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Full-Text Articles in Law
The Equal Protection Component Of Legislative Generality, Evan C. Zoldan
The Equal Protection Component Of Legislative Generality, Evan C. Zoldan
University of Richmond Law Review
This article advances the broad project outlined above by recognizing
the equal protection component of legislative generality.
Exploring the relationship between the Equal Protection Clause
and the value of legislative generality both enhances an understanding
of the proper bounds of the Equal Protection Clause and
helps define the ultimate parameters of a value of legislative generality.
Part I of this article defines and provides paradigmatic
examples of special legislation. Part II identifies the most widely
held conceptions of equality that can be enforced through the
Equal Protection Clause and describes how special legislation offends
these conceptions. Part III describes how …
Testing Sex, Rachel Rebouché
Beyond Formalist Sovereignty: Who Can Represent "We The People Of The United States" Today?, David Chang
Beyond Formalist Sovereignty: Who Can Represent "We The People Of The United States" Today?, David Chang
University of Richmond Law Review
No abstract provided.
Partial Unconstitutionality, Kevin C. Walsh
Partial Unconstitutionality, Kevin C. Walsh
Law Faculty Publications
Courts often hold legislation unconstitutional, but nearly always only part of the statute offends. The problem of partial unconstitutionality is therefore pervasive and persistent. Yet the exclusive doctrinal tool for dealing with this problem--severability doctrine-is deeply flawed. To make matters worse, severability doctrine is purportedly necessary for any workable system of judicial review. The accepted view is that severance saves: A court faced with a partially unconstitutional law must sever and excise the unconstitutional provisions or applications so that the constitutional remainder can be enforced going forward. Absent severance and excision, a law must fall in its entirety. This excision-based …
Rule Of Law Conference: Global Issues And The Rule Of Law, Lord Chief Justice Nicholas Phillips Of Worth Matravers
Rule Of Law Conference: Global Issues And The Rule Of Law, Lord Chief Justice Nicholas Phillips Of Worth Matravers
University of Richmond Law Review
No abstract provided.
Small V. United States: Defining "Any" As A Subset Of "Any", Lee G. Lester
Small V. United States: Defining "Any" As A Subset Of "Any", Lee G. Lester
University of Richmond Law Review
"It shall be unlawful for any person.., who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year ... to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition ...." Although this statute, 18 U.S.C. § 922(g)(1), was enacted to keep firearms out of the hands of persons not entitled to possess them because of their criminal backgrounds, the scope of this statute has been controversial. Specifically, the federal circuits have disagreed as to whether the phrase "any court" applies to foreign courts …