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Full-Text Articles in Law

The Common Law Genius Of The Warren Court, David A. Strauss Dec 2007

The Common Law Genius Of The Warren Court, David A. Strauss

William & Mary Law Review

The Warren Court's most important decisions-on school segregation, reapportionment, free speech, and criminal procedure are firmly entrenched in the law. But the idea persists, even among those who are sympathetic to the results that the Warren Court reached, that what the Warren Court was doing was somehow not really law: that the Warren Court "made it up," and that the important Warren Court decisions cannot be justified by reference to conventional legal materials. It is true that the Warren Court's most important decisions cannot be easily justified on the basis of the text of the Constitution or the original understandings. …


Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps Dec 2007

Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps

William & Mary Bill of Rights Journal

A sophisticated reading of the legislative record of the framing of the Fourteenth Amendment can provide courts and scholars with some general interpretive principles to guide their application of the Amendment to current legal problems. The author argues that two common legal conceptions about the Amendment are, in fact, misconceptions. The first is that the Amendment was chiefly concerned with the immediate situation of freed slaves in the former slave states. Instead, he argues, the legislative record suggests that the framers were broadly concerned with the rights not only of freed slaves but also of foreign-born immigrants in the North …


Sense-Enhanced Searches And The Irrelevance Of The Fourth Amendment, David E. Steinberg Dec 2007

Sense-Enhanced Searches And The Irrelevance Of The Fourth Amendment, David E. Steinberg

William & Mary Bill of Rights Journal

No abstract provided.


Congressional Criminality And Balance Of Powers: Are Internal Filter Teams Really What Our Forefathers Envisioned?, Emily E. Eineman Dec 2007

Congressional Criminality And Balance Of Powers: Are Internal Filter Teams Really What Our Forefathers Envisioned?, Emily E. Eineman

William & Mary Bill of Rights Journal

No abstract provided.


Garcetti V. Ceballos: Stifling The First Amendment In The Public Workplace, Julie A. Wenell Dec 2007

Garcetti V. Ceballos: Stifling The First Amendment In The Public Workplace, Julie A. Wenell

William & Mary Bill of Rights Journal

No abstract provided.


Keep Out Of Myspace!: Protecting Students From Unconstitutional Suspensions And Expulsions, Christi Cassel Nov 2007

Keep Out Of Myspace!: Protecting Students From Unconstitutional Suspensions And Expulsions, Christi Cassel

William & Mary Law Review

No abstract provided.


Be It Resolved . . ., Timothy Zick Oct 2007

Be It Resolved . . ., Timothy Zick

Popular Media

No abstract provided.


Signing Statements And Divided Government, Neal Devins Oct 2007

Signing Statements And Divided Government, Neal Devins

William & Mary Bill of Rights Journal

No abstract provided.


Introduction: The Last Word? The Constitutional Implications Of Presidential Signing Statements, Charlie Savage Oct 2007

Introduction: The Last Word? The Constitutional Implications Of Presidential Signing Statements, Charlie Savage

William & Mary Bill of Rights Journal

No abstract provided.


A Matter Of Direction: The Reagan Administration, The Signing Statement, And The 1986 Westlaw Decision, Christopher S. Kelley Oct 2007

A Matter Of Direction: The Reagan Administration, The Signing Statement, And The 1986 Westlaw Decision, Christopher S. Kelley

William & Mary Bill of Rights Journal

No abstract provided.


Second Class Citizen Soldiers: A Proposal For Greater First Amendment Protections For America's Military Personnel, Emily Reuter Oct 2007

Second Class Citizen Soldiers: A Proposal For Greater First Amendment Protections For America's Military Personnel, Emily Reuter

William & Mary Bill of Rights Journal

No abstract provided.


Challenging Political Boundaries In Post-Conflict States, Angela M. Banks Oct 2007

Challenging Political Boundaries In Post-Conflict States, Angela M. Banks

Faculty Publications

No abstract provided.


Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton Oct 2007

Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton

Faculty Publications

No abstract provided.


The First Word, M. Elizabeth Magill Oct 2007

The First Word, M. Elizabeth Magill

William & Mary Bill of Rights Journal

No abstract provided.


The On/Off Switch, Philip Heymann Oct 2007

The On/Off Switch, Philip Heymann

William & Mary Bill of Rights Journal

No abstract provided.


Why The President Must Veto Unconstitutional Bills, Saikrishna B. Prakash Oct 2007

Why The President Must Veto Unconstitutional Bills, Saikrishna B. Prakash

William & Mary Bill of Rights Journal

No abstract provided.


Presidential Signing Statements In Perspective, Nelson Lund Oct 2007

Presidential Signing Statements In Perspective, Nelson Lund

William & Mary Bill of Rights Journal

No abstract provided.


The Unconstitutionality Of "Signing And Not-Enforcing", Michael B. Rappaport Oct 2007

The Unconstitutionality Of "Signing And Not-Enforcing", Michael B. Rappaport

William & Mary Bill of Rights Journal

No abstract provided.


Litigating Presidential Signing Statements, Michele Estrin Gilman Oct 2007

Litigating Presidential Signing Statements, Michele Estrin Gilman

William & Mary Bill of Rights Journal

No abstract provided.


Presidential Signing Statements And Congressional Oversight, A. Christopher Bryant Oct 2007

Presidential Signing Statements And Congressional Oversight, A. Christopher Bryant

William & Mary Bill of Rights Journal

No abstract provided.


Signing Statements: Constitutional And Practical Limits, Louis Fisher Oct 2007

Signing Statements: Constitutional And Practical Limits, Louis Fisher

William & Mary Bill of Rights Journal

No abstract provided.


Fee Shifting As A Congressional Response To Adventurous Presidential Signing Statements, Harold J. Krent Oct 2007

Fee Shifting As A Congressional Response To Adventurous Presidential Signing Statements, Harold J. Krent

William & Mary Bill of Rights Journal

No abstract provided.


Signing Statements And Statutory Interpretation In The Bush Administration, Neil Kinkopf Oct 2007

Signing Statements And Statutory Interpretation In The Bush Administration, Neil Kinkopf

William & Mary Bill of Rights Journal

No abstract provided.


Getting To Plan B: A History Of Contraceptive Rights In The United States And An Argument For A Private Right Of Action Against The Fda, Michele Slachetka Oct 2007

Getting To Plan B: A History Of Contraceptive Rights In The United States And An Argument For A Private Right Of Action Against The Fda, Michele Slachetka

William & Mary Bill of Rights Journal

No abstract provided.


The Presidential Signing Statements Controversy, Ronald A. Cass, Peter L. Strauss Oct 2007

The Presidential Signing Statements Controversy, Ronald A. Cass, Peter L. Strauss

William & Mary Bill of Rights Journal

No abstract provided.


Presidential Signing Statements And The Rule Of Law As An "Unstructured Institution", Peter M. Shane Oct 2007

Presidential Signing Statements And The Rule Of Law As An "Unstructured Institution", Peter M. Shane

William & Mary Bill of Rights Journal

No abstract provided.


Signing Statements As Declaratory Judgments: The President As Judge, Phillip J. Cooper Oct 2007

Signing Statements As Declaratory Judgments: The President As Judge, Phillip J. Cooper

William & Mary Bill of Rights Journal

No abstract provided.


“Facebook In The Flesh”, Timothy Zick Sep 2007

“Facebook In The Flesh”, Timothy Zick

Popular Media

No abstract provided.


Section 4: Individual Rights, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2007

Section 4: Individual Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


The People Out Of Doors — In Trees, Timothy Zick Sep 2007

The People Out Of Doors — In Trees, Timothy Zick

Popular Media

No abstract provided.