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Full-Text Articles in Law

The Market For Legal Education And Freedom Of Association: Why The "Solomon Amendment" Is Constitutional And Law Schools Are Not Expressive Associations, Andrew P. Morriss Dec 2005

The Market For Legal Education And Freedom Of Association: Why The "Solomon Amendment" Is Constitutional And Law Schools Are Not Expressive Associations, Andrew P. Morriss

William & Mary Bill of Rights Journal

This term the Supreme Court will confront the constitutionality of the Solomon Amendment, which mandates equal access for military recruiters at universities that accept federal funding. The Third Circuit previously held the statute unconstitutional. This Article argues that the Court should reverse and uphold the statute because the lower court failed to consider the cartelized nature of legal education and so assumed that law schools are "expressive associations" entitled to assert First Amendment claims; the court also failed to give proper deference to Congress's exercise of its Article I power to raise and support armies and over-valued law faculties' interest …


Comparative And Noncomparative Justice: Some Guidelines For Constitutional Adjudication, Raleigh Hannah Levine, Russell Pannier Oct 2005

Comparative And Noncomparative Justice: Some Guidelines For Constitutional Adjudication, Raleigh Hannah Levine, Russell Pannier

William & Mary Bill of Rights Journal

No abstract provided.


The Invisible Pillar Of Gideon, Adam M. Gershowitz Apr 2005

The Invisible Pillar Of Gideon, Adam M. Gershowitz

Faculty Publications

In 1996, the State of South Carolina charged Larry McVay with common-law robbery. McVay, who was employed part-time and took home less than $160 per week after taxes, claimed that after paying his basic living expenses he had no money left with which to hire an attorney. A South Carolina court disagreed and denied McVay’s request for appointed counsel. Seven years later, Scott Peterson was arrested for the murder of his wife and unborn child in California. Although Peterson owned a home, drove an expensive SUV, and was carrying $10,000 in cash when he was captured, he claimed to be …


Curioser And Curioser: Involuntary Medications And Incompetent Criminal Defendents After Sell V. United States, Dora W. Klein Feb 2005

Curioser And Curioser: Involuntary Medications And Incompetent Criminal Defendents After Sell V. United States, Dora W. Klein

William & Mary Bill of Rights Journal

No abstract provided.