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Articles 1 - 28 of 28
Full-Text Articles in Law
Retaining Judicial Authority: A Preliminary Inquiry On The Dominion Of Judges, Larry Catá Backer
Retaining Judicial Authority: A Preliminary Inquiry On The Dominion Of Judges, Larry Catá Backer
William & Mary Bill of Rights Journal
Why do the people and institutions of democratic states, and in particular those of the United States, obey judges ? This article examines the foundations of judicial authority in the United States. This authority is grounded on principles of dominance derived from the organization of institutional religion. The judge in Western states asserts authority on the same basis as the priest - but not the priest as conventionally understood. Rather, the authority of the judge in modern Western democratic states is better understood when viewed through the analytical lens of priestly function developed in the philosophy of Friedrich Nietzsche. Focusing …
United States Citizens Detained As "Enemy Combatants": The Right To Counsel As A Matter Of Ethics, Jesselyn A. Radack
United States Citizens Detained As "Enemy Combatants": The Right To Counsel As A Matter Of Ethics, Jesselyn A. Radack
William & Mary Bill of Rights Journal
The Supreme Court will decide as a matter of law whether an American citizen detained as an enemy combatant has the right to counsel. The author argues that as a matter of ethics, the answer is clear - there is a right to counsel. In this Article, the author analyzes the cases regarding Jose Padilla and Yaser Esam Hamdi discusses ABA Model Rule 4.2, and its application, and proposes an amendment to Rule 4.2's Comment.
The Jurisprudential Revolution: Unlocking Human Potential In Grutter And Lawrence, Wilson Huhn
The Jurisprudential Revolution: Unlocking Human Potential In Grutter And Lawrence, Wilson Huhn
William & Mary Bill of Rights Journal
No abstract provided.
Justice By Any Other Name: The Right To A Jury Trial And The Criminal Nature Of Juvenile Justice In Louisiana, Kerrin C. Wolf
Justice By Any Other Name: The Right To A Jury Trial And The Criminal Nature Of Juvenile Justice In Louisiana, Kerrin C. Wolf
William & Mary Bill of Rights Journal
The juvenile justice system has become increasingly punitive in recent decades. While the juvenile justice system has come to resemble the adult system in this way, juveniles facing adjudication nevertheless are denied the essential Sixth Amendment due process right. This Note will argue that the Louisiana Supreme Court decided State ex rel. D.J. incorrectly and, further, will demonstrate that the nation as a whole should revisit the place of juries in juvenile proceedings.
Privacy Rights Versus Foia Disclosure Policy: The "Uses And Effects" Double Standard In Access To Personally-Identifiable Information In Government Records, Michael Hoefges, Martin E. Halstuk, Bill F. Chamberlin
Privacy Rights Versus Foia Disclosure Policy: The "Uses And Effects" Double Standard In Access To Personally-Identifiable Information In Government Records, Michael Hoefges, Martin E. Halstuk, Bill F. Chamberlin
William & Mary Bill of Rights Journal
The U.S. government maintains a vast amount of personally-identifiable information on millions of American citizens. Much of this information is contained in electronic databases maintained by federal agencies. Various Freedom of Information Act (FOIA) requesters, such as journalists, marketers, and union organizers seek this information for different purposes including investigative reporting and targeted solicitations. These kinds of uses are known as "derivative uses" because this government-compiled information is requested for purposes other than the official purposes for which the information was originally gathered. These and other derivative uses of personally-identifiable information often implicate privacy concerns. Conversely, restrictions on public access …
What The Supreme Court Could Learn About The Child Online Protection Act By Reading Playboy, Shaun Richardson
What The Supreme Court Could Learn About The Child Online Protection Act By Reading Playboy, Shaun Richardson
William & Mary Bill of Rights Journal
Due to the ease of Internet searching, Congress has passed the Child Online Protection Act to protect children from sexually explicit material. Although the Supreme Court has not directly decided the issue, it has hinted that the Act may survive a First Amendment challenge. In this Note, the author argues reasons why the Act should not survive a First Amendment challenge, and that measures such as parental empowerment via government-facilitated use of Internet filtering software are preferable
Domestic Relations, Missouri V. Holland, And The New Federalism, Mark Strasser
Domestic Relations, Missouri V. Holland, And The New Federalism, Mark Strasser
William & Mary Bill of Rights Journal
No abstract provided.
The Revival Of "Privileges Or Immunities" And The Controversy Over State Bar Admission Requirements: The Makings Of A Future Constitutional Dilemma?, Wilson Pasley
William & Mary Bill of Rights Journal
The Supreme Court's 1999 decision in Saenz v. Roe relied upon the long ignored Privileges or Immunities Clause of the Fourteenth Amendment, which had laid dormant since the Slaughter-House Cases of more than a century ago. The Saenz decision sparked considerable debate as to the meaning of the Privileges or Immunities Clause and caused speculation as to the statutes vulnerable to a constitutional challenge under the Clause. This Note examines the potential impact of the Privileges or Immunities Clause on state bar admission requirements and other restrictions on the practice of law. It concludes that the Clause does not create …
Affecting Eternity: The Court's Confused Lesson In Board Of Education V. Earls, George M. Dery Iii
Affecting Eternity: The Court's Confused Lesson In Board Of Education V. Earls, George M. Dery Iii
William & Mary Bill of Rights Journal
In Board of Education v. Earls, the US. Supreme Court found the random drug testing of schoolchildren who participated in extracurricular activities to be reasonable under the Fourth Amendment. In this Article, Professor Dery argues that this latest extension of the special needs doctrine is both patronizing to student privacy interests and inconsistent with the Court's previous limitation of suspicionless searches in New Jersey v. T.L.O. and Chandler v. Miller. Professor Dery criticizes the Court's Earls decision as a confused lesson in constitutional law, abandoning the very fundamentals of the Fourth Amendment.
Parental Autonomy And Children's Welfare, Elizabeth S. Scott
Parental Autonomy And Children's Welfare, Elizabeth S. Scott
William & Mary Bill of Rights Journal
No abstract provided.
Mandatory Fingerprinting Of Public School Teachers: Fascilitating Background Checks Or Infringing On Individuals' Constitutional Rights?, Christina Buschmann
Mandatory Fingerprinting Of Public School Teachers: Fascilitating Background Checks Or Infringing On Individuals' Constitutional Rights?, Christina Buschmann
William & Mary Bill of Rights Journal
With the continuing growth of governmental intrusions into the private lives of its citizens, critics increasingly have taken aim at state actions which unnecessarily burden an individual's right to be let alone. One group in particular - public school teachers - often endure tedious examinations of their private affairs as a condition of employment. This Note examines the current state of privacy concerns, specifically in the realm of public school teachers, and argues that a compromise must be struck that better balances the public's need to protect children from dangerous teachers with the individual teacher's right to privacy. The Note …
Congress, Civil Liberties, And The War On Terrorism, Neal Devins
Congress, Civil Liberties, And The War On Terrorism, Neal Devins
William & Mary Bill of Rights Journal
In exercising his war-making powers, the President has historically pursued war-related initiatives that implicate civil liberties. Meanwhile, the Congress, with little incentive to resist these initiatives, has played a steadily declining role in warmaking. In this Essay, Professor Devins examines this dynamic, and argues that with Congress largely standing on the sidelines as the President leads the nation in war, it is the American public that has become the principal check on the powers of the President in wartime.
Introduction To The Symposium: The Relationship Rights Of Children
Introduction To The Symposium: The Relationship Rights Of Children
William & Mary Bill of Rights Journal
No abstract provided.
Rights And Duties Of Childrearing, Peter Vallentyne
Rights And Duties Of Childrearing, Peter Vallentyne
William & Mary Bill of Rights Journal
No abstract provided.
A Taxonomy Of Children's Existing Rights In State Decision Making About Their Relationships, James G. Dwyer
A Taxonomy Of Children's Existing Rights In State Decision Making About Their Relationships, James G. Dwyer
William & Mary Bill of Rights Journal
No abstract provided.
Children's Associational Rights?: Why Less Is More, Emily Buss
Children's Associational Rights?: Why Less Is More, Emily Buss
William & Mary Bill of Rights Journal
No abstract provided.
Which Ties Bind? Redefining The Parent-Child Relationship In An Age Of Genetic Certainty, June Carbone, Naomi Cahn
Which Ties Bind? Redefining The Parent-Child Relationship In An Age Of Genetic Certainty, June Carbone, Naomi Cahn
William & Mary Bill of Rights Journal
No abstract provided.
The Modest Promise Of Children's Relationship Rights, David D. Meyer
The Modest Promise Of Children's Relationship Rights, David D. Meyer
William & Mary Bill of Rights Journal
No abstract provided.
Federalism And Formalism, Allison H. Eid
Federalism And Formalism, Allison H. Eid
William & Mary Bill of Rights Journal
Many commentators have criticized the Supreme Court's New Federalism decisions as "excessively formalistic. " In this Article, Professor Eid argues that this "standard critique" is wrong on both a descriptive and normative level. Descriptively, she argues that the standard critique mistakenly downplays the extent to which the New Federalism decisions consider the values that federalism serves, and contends that they employ the same sort of formalism/functionalism blend that is found in the Court's separation of powers jurisprudence. Professor Eid then contends that the standard critique's normative prescription - a case-by-case balancing test that would weigh the federal interest against the …
Reaching Out To The Rule Of Law: China's Continuing Efforts To Develop An Effective Environmental Law Regime, Richard J. Ferris, Hongjun Zhang
Reaching Out To The Rule Of Law: China's Continuing Efforts To Develop An Effective Environmental Law Regime, Richard J. Ferris, Hongjun Zhang
William & Mary Bill of Rights Journal
No abstract provided.
Introduction To The Symposium: The Rule Of Law Of China, Lan Cao
Introduction To The Symposium: The Rule Of Law Of China, Lan Cao
William & Mary Bill of Rights Journal
No abstract provided.
Environmental Law With Chinese Characteristics, Eric W. Orts
Environmental Law With Chinese Characteristics, Eric W. Orts
William & Mary Bill of Rights Journal
No abstract provided.
Law Without Law, Or Is "Chinese Law" An Oxymoron?, Teemu Ruskola
Law Without Law, Or Is "Chinese Law" An Oxymoron?, Teemu Ruskola
William & Mary Bill of Rights Journal
No abstract provided.
The U.S.-China Rule Of Law Initiative, Paul Gewirtz
The U.S.-China Rule Of Law Initiative, Paul Gewirtz
William & Mary Bill of Rights Journal
No abstract provided.
Civil Rights And Civil Liberties: Whose "Rule Of Law"?, William W. Van Alstyne
Civil Rights And Civil Liberties: Whose "Rule Of Law"?, William W. Van Alstyne
William & Mary Bill of Rights Journal
No abstract provided.
What If I Want My Kids To Watch Pornography?: Protecting Children From "Indecent" Speech, Ashutosh Bhagwat
What If I Want My Kids To Watch Pornography?: Protecting Children From "Indecent" Speech, Ashutosh Bhagwat
William & Mary Bill of Rights Journal
Under current First Amendment doctrine, a law directed at indecent speech is treated as "content-based" regulation of speech, and thus must satisfy the "strict scrutiny" test to survive constitutional challenge - the regulation must be narrowly tailored to advance a compelling state interest. A number of laws regulating indecent speech have been passed in recent years, and when challenged, the government has defended these regulations on the ground that the State has a compelling interest in the protection of children from harmful materials. Underlying this argument, however, is a deep ambiguity regarding the precise nature of the government's legitimate objectives …
You Can't Ask (Or Say) That: The First Amendment And Civil Rights Restrictions On Decisionmaker Speech, Helen Norton
You Can't Ask (Or Say) That: The First Amendment And Civil Rights Restrictions On Decisionmaker Speech, Helen Norton
William & Mary Bill of Rights Journal
Federal, state, and local civil rights laws regulate private decisionmaking about whom an employer may hire or fire, to whom a landlord may rent an apartment, or to whom a creditor may extend credit. In prohibiting discriminatory conduct, however, these laws also limit the speech of those making these decisions. In this Article, Professor Norton explores how we might think about these civil rights laws in the context of the First Amendment, and their place within the Supreme Court's commercial speech jurisprudence. She concludes that the speech restricted by these laws may be characterized as falling outside the protection of …
To Whom Does A New Use Belong?: An Analysis Of The New Use Doctrine And The Protection It Affords After Random House V. Rosettabooks, Megan M. Gillespie
To Whom Does A New Use Belong?: An Analysis Of The New Use Doctrine And The Protection It Affords After Random House V. Rosettabooks, Megan M. Gillespie
William & Mary Bill of Rights Journal
The decision in Random House v. RosettaBooks has the potential to transform the publishing industry and the licensing agreements so commonly relied upon. Courts have attempted to reconcile application of the new use doctrine for decades, and yet with every conceived new use there is another interpretation of the rules of the copyright game. In this Note, the author examines the Random House decision in light of the New Use Doctrine and proposes contract-based solutions to new use issues that may avoid the uncertainty of the doctrine as it currently stands.