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- Church and State (4)
- Freedom of Speech (3)
- Judicial Selection (3)
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- Boy Scouts of America v. Dale (530 U.S. 640 (2000)) (2)
- Equal Protection (2)
- Freedom of Association (2)
- Freedom of Religion (2)
- Judicial Candidates (2)
- Santa Fe Independent School District v. Doe (2)
- United States Congress and Senate Committee on the Judiciary (2)
- United States Supreme Court (2)
- Affirmative Action (1)
- Alden v. Maine (527 U.S. 706 (1999)) (1)
- American Bar Association (1)
- Book Reviews (1)
- Boy Scouts of America (1)
- Civil Rights (1)
- Civil-Military Relations (1)
- Cl. 3 (1)
- Constitutional History (1)
- Corporation Law (1)
- Criminal Intent (1)
- Cybersquatting (1)
- DNA Identification (1)
- Discrimination Against Gays (1)
- Due Process of Law (1)
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- Government Employees (1)
Articles 1 - 23 of 23
Full-Text Articles in Law
Comparing Judicial Selection Systems, Lee Epstein, Jack C. Knight, Olga Shvetsova
Comparing Judicial Selection Systems, Lee Epstein, Jack C. Knight, Olga Shvetsova
William & Mary Bill of Rights Journal
No abstract provided.
The Questioning Of Lower Federal Court Nominees At Senate Confirmation Hearings, William Ross
The Questioning Of Lower Federal Court Nominees At Senate Confirmation Hearings, William Ross
William & Mary Bill of Rights Journal
No abstract provided.
Religious Land Use And Institutionalized Persons Act Of 2000: The Land Use Provisions Are Both Unconstitutional And Unnecessary, Ada-Marie Walsh
Religious Land Use And Institutionalized Persons Act Of 2000: The Land Use Provisions Are Both Unconstitutional And Unnecessary, Ada-Marie Walsh
William & Mary Bill of Rights Journal
The Religious Land Use and Institutionalized Persons Act of 2000 was Congress 'response to the Supreme Court's striking down of the Religious Freedom Restoration Act in City of Boerne v. Flores. In promulgating the Religious Land Use and Institutionalized Persons Act, Congress, inter alia, sought to protect the free exercise of religion from excessive governmental meddling while remedying discrimination suffered by religious individuals and groups in the area of land use. In dealing solely with land use provisions of the RLUIPA, the author argues that the Religious Land Use and lnstitutionalized Person Act is unconstitutional because it violates the Establishment …
The Bush Administration And Appeals Court Nominees, Carl Tobias
The Bush Administration And Appeals Court Nominees, Carl Tobias
William & Mary Bill of Rights Journal
No abstract provided.
A Right Without Remedy: State Employees After Seminole Tribe And Alden, Heather Lueke
A Right Without Remedy: State Employees After Seminole Tribe And Alden, Heather Lueke
William & Mary Bill of Rights Journal
Over the past decade, courts have wrestled with state employees 'private legal remedy for a violation of the Fair Labor Standards Act. As a result of the decisions in Seminole Tribe v. Florida and Alden v. Maine, state employees lost their right to sue for such violations. This note examines the dilemma faced by employees who find themselves without a path of recourse against state employers. It concludes that both Seminole Tribe and Alden should be overturned because the decisions leave state employees with no realistic remedy
Introduction To The Symposium: The Judicial Process Appointments Process, Carly Van Orman
Introduction To The Symposium: The Judicial Process Appointments Process, Carly Van Orman
William & Mary Bill of Rights Journal
No abstract provided.
The Aba's Role In Prescreening Federal Judicial Candidates: Are We Ready To Give Up On The Lawyers?, Laura E. Little
The Aba's Role In Prescreening Federal Judicial Candidates: Are We Ready To Give Up On The Lawyers?, Laura E. Little
William & Mary Bill of Rights Journal
No abstract provided.
The "Blue Slip": Enforcing The Norms Of The Judicial Confirmation Process, Brannon P. Denning
The "Blue Slip": Enforcing The Norms Of The Judicial Confirmation Process, Brannon P. Denning
William & Mary Bill of Rights Journal
No abstract provided.
Politics And Personalities In The Federal Appointments Process, Christopher L. Eisgruber
Politics And Personalities In The Federal Appointments Process, Christopher L. Eisgruber
William & Mary Bill of Rights Journal
Michael Gerhardt's latest book, The Federal Appointments Process, examines historically both the politics and procedures employed by the president and Congress in selecting, and ultimately appointing, judicial nominees. In this book review, Professor Christopher Eisgruber focuses on some of Gerhardt's most salient observations and illustrates the degree to which the historical trends Gerhardt describes impact current appointment practices.
Introduction To Perspectives On Constitutional Exemptions To Civil Rights Laws: Boy Scouts Of America V. Dale, Bryson J. Hunter
Introduction To Perspectives On Constitutional Exemptions To Civil Rights Laws: Boy Scouts Of America V. Dale, Bryson J. Hunter
William & Mary Bill of Rights Journal
No abstract provided.
Shrinking Domain Of Individious Intent, K.G. Jan Pillai
Shrinking Domain Of Individious Intent, K.G. Jan Pillai
William & Mary Bill of Rights Journal
The landmark case of Washington v. Davis made invidious intent the touchstone of violation of the Equal Protection Clause. In this Article, Professor K G. Jan Pillai discusses the current state of the doctrine of invidious intent and its evolving role in Supreme Court jurisprudence. In the area of criminal law enforcement, strict application of the doctrine often produces harsh results. Among the existing three-tiered scrutiny standards, the doctrine appears out of place. In recent racial gerrymandering cases, the Supreme Court substantively modified the meaning of the doctrine. Despite the apparent instability of the doctrine, Professor Pillai concludes the solution …
The Expressive Interest Of Associations, Erwin Chemerinsky, Catherine Fisk
The Expressive Interest Of Associations, Erwin Chemerinsky, Catherine Fisk
William & Mary Bill of Rights Journal
Professors Erwin Chemerinsky and Catherine Fisk take issue on several grounds with Boy Scouts of America v. Dale, in which the Supreme Court held that the Boy Scouts have a First Amendment right to exclude gays, even though state law prohibits such discrimination. They first criticize Dale 's holding that courts must accept the group leadership's characterization of the group's expressive message. The Court's approach short-circuited the process by which an organization ordinarily develops or transforms its expressive message--internal deliberation, public articulation of a message, and recruitment of like-minded members-and it did so at the expense of many current and …
Treading The Thin Blue Line: Military Special-Operations Trained Police Swat Teams And The Constitution, Karan R. Singh
Treading The Thin Blue Line: Military Special-Operations Trained Police Swat Teams And The Constitution, Karan R. Singh
William & Mary Bill of Rights Journal
The increasing use of SWAT teams and paramilitary force by local law enforcement has been the focus of a growing concern regarding the heavy-handed exercise of police power. Critics question the constitutionality of joint-training between the military and civilian police, as well as the Fourth Amendment considerations raised by SWAT tactics. This Note examines the history, mission, and continuing need for police SWAT teams, addressing the constitutional issues raised concerning training and tactics. It explains how SWAT joint-training with the military is authorized by federal law and concludes that SWAT tactics are constitutionally acceptable in a majority of situations. Though …
The Right Of Expressive Association And Private Universities' Racial Preferences And Speech Codes, David E. Bernstein
The Right Of Expressive Association And Private Universities' Racial Preferences And Speech Codes, David E. Bernstein
William & Mary Bill of Rights Journal
The reaction to Boy Scouts of America v. Dale has divided along ideological lines. Conservatives generally support Dale because in their eyes it prevents the government from taking sides in the culture wars. "Progressives, "including many liberals who otherwise have strong civil libertarian instincts, oppose Dale because it inhibits the enforcement of antidiscrimination laws in some contexts. The underlying issue in Dale was whether a private, nonprofit expressive association has a First Amendment right to discriminate to prevent dilution of its message. Despite the ideological rancor over Dale, this right does not favor groups with any particular perspective, but protects …
Personal Does Not Always Equal "Private": The Constitutionality Of Requiring Dna Samples From Convicted Felons And Arrestees, Martha L. Lawson
Personal Does Not Always Equal "Private": The Constitutionality Of Requiring Dna Samples From Convicted Felons And Arrestees, Martha L. Lawson
William & Mary Bill of Rights Journal
In the past couple of decades, the use of DNA testing has become a major debate in criminal law. Many Americans have called for regular use of DNA testing in criminal cases, particularly in the aftermath of the O.J. Simpson murder trial. While these tests can potentially help better ensure justice conducting DNA tests raises fundamental personal privacy concerns. This Note analyzes the development of DNA testing throughout the United States, giving a historical account of how the courts and local police departments have dealt with this testing Finally, the Note argues that the government's interest in mandatory testing of …
Transcript Of Speech On American Atheists' Position On Religion In The Public Schools, Ellen Johnson
Transcript Of Speech On American Atheists' Position On Religion In The Public Schools, Ellen Johnson
William & Mary Bill of Rights Journal
Religious discussion in American public schools is one of the more controversial issues in modern education. Ellen Johnson not only explains the American Atheists 'position on the issue, but also presents observations from the often-ignored Atheist perspective. Johnson's remarks serve to remind us that there are other views on the subject besides the popular opinions concerning accommodation and access to school facilities.
Protecting The Cellular Citizen-Critic: The State Of Political Speech From Sullivan To Popa, Clay Calvert
Protecting The Cellular Citizen-Critic: The State Of Political Speech From Sullivan To Popa, Clay Calvert
William & Mary Bill of Rights Journal
The 1999federal appellate court decision of United States v. Popa suggests the startling emergence of a nascent First Amendment right to engage in anonymous and racist telephonic harassment of government officials. Professor Calvert suggests that this decision sadly reflects the state of political discourse in the United States today, namely a dialectical free-for-all directly contrary to the vision of philosopher-educator Alexander Meiklejohn, a vision advanced by the United States Supreme Court in New York Times Co. v. Sullivan but rejected by the shout-and- attack cultures of cable news channel political talk shows and call-in radio programs. The Popa decision also …
The State Of The Canon In Constitutional Law: Lessons From The Jurisprudence Of John Marshall, David E. Marion
The State Of The Canon In Constitutional Law: Lessons From The Jurisprudence Of John Marshall, David E. Marion
William & Mary Bill of Rights Journal
Constitutional law has been an active battlefield as competing groups within the academy seek to deconstruct, reconstruct, and/or relegitimize the teaching and practice of law in the United States. Much of the rhetoric of the debate is couched in the language of rights. There is a danger that diminished attention to powers in the rhetoric and teaching of constitutional law may compromise sober and moderate constitutional reasoning. By reinvigorating reflection on powers-related issues, the legal profession can do its part to promote sobriety, and hence an added dose of prudence, in constitutional reflection and discourse by a democratic citizenry whose …
Religion, Rationality, And Special Treatment, Jane Rutherford
Religion, Rationality, And Special Treatment, Jane Rutherford
William & Mary Bill of Rights Journal
Religion has always played a major role in American society, both politically and socially. Its influence on the Constitution is expressed in the Establishment and Free Exercise Clauses. Why is religion given special treatment by the Constitution? In this Article, Professor Jane Rutherford makes a structural argument for religious liberty. Rutherford posits that religion is treated differently not because of the content of its views, but because of the various other functions it serves, such as providing voices for outsiders and advancing non-market values. Rutherford concludes that we should return to more serious enforcement of the Establishment and Free Exercise …
Who Speaks For The State?: Religious Speakers On Government Platforms And The Role Of Disclaiming Endorsement, Steven H. Aden
Who Speaks For The State?: Religious Speakers On Government Platforms And The Role Of Disclaiming Endorsement, Steven H. Aden
William & Mary Bill of Rights Journal
The recent Supreme Court decision in Santa Fe Independent School District v. Doe prohibits prayer at school-sponsored events. In this Article the author analyzes the development of Supreme Court jurisprudence in the area of religion in public schools. Noting the tension between the Establishment and Free Speech Clauses, the author proposes the use of disclaimers to allow student expression at school events to avoid violating the Establishment Clause.
Religion In The Public Schools After Santa Fe Independent School District V. Doe: Time For A New Strategy, Steven W. Fitschen
Religion In The Public Schools After Santa Fe Independent School District V. Doe: Time For A New Strategy, Steven W. Fitschen
William & Mary Bill of Rights Journal
In this Essay, Steven Fitschen, President of the National Legal Foundation, argues against the Supreme Court's ruling in Santa Fe Independent School District v. Doe, and calls for a new strategy in litigating similar cases. Fitschen proposes a "thirty-year plan" because he believes that the current Court composition, which he sees as driven by personal predilections rather than by precedent, was partly responsible for the outcome of Santa Fe. Fitschen argues that the current Court has largely ignored Establishment Clause precedent, and that any new, effective strategy will be slowly implemented The thirty-year plan calls for less perfunctory reliance on …
The Corporate Defamation Plaintiff In The Era Of Slapps: Revisiting New York Times V. Sullivan, D. Mark Jackson
The Corporate Defamation Plaintiff In The Era Of Slapps: Revisiting New York Times V. Sullivan, D. Mark Jackson
William & Mary Bill of Rights Journal
Corporations have increasingly used defamation suits as an offensive weapon. Many of these suits may be defined as SLAPP suits-Strategic Litigation Against Public Participation. These suits, often meritless, are designed to harass and silence a corporations' critics. Following a survey oft he history of defamation law and the protection of free speech, this Note argues that corporations should be treated as per se public figures in defamation suits. This derives from the uniquely public nature of a corporation and an assumption of the risk of defamatory falsehoods that arises from the act of incorporation.Treating corporations in this manner would place …
Drawing A Line In The Congressional Sand Between Congress And The Foreign Citizen "Cybersquatter", Heather A. Forrest
Drawing A Line In The Congressional Sand Between Congress And The Foreign Citizen "Cybersquatter", Heather A. Forrest
William & Mary Bill of Rights Journal
"Cybersquatting" on the Internet is a phenomenon that has warranted an amendment to the Trademark Dilution Act of the Lanham Act. The undisputed omnipresence of the Internet, as well as the boundless possibilities of infringement activity on the Internet, has made such an amendment inevitable, as well as necessary. Congress' power to regulate trademark infringement activity, whether traditionally or on the Internet, relies on the Commerce Clause of the United States Constitution. The author asserts that participation in the Internet domain name registration process itself does not constitute the "commercial activity in commerce" requirement of the Trademark Dilution Act; in …