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University of Richmond

Legislation

Constitutional Law

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Full-Text Articles in Law

The Equal Protection Component Of Legislative Generality, Evan C. Zoldan Jan 2017

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 Jan 2015

Testing Sex, Rachel Rebouché

University of Richmond Law Review

No abstract provided.


Beyond Formalist Sovereignty: Who Can Represent "We The People Of The United States" Today?, David Chang Jan 2011

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 Jan 2010

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 Sep 2007

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 Jan 2006

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 …