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- United States Constitution (8)
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- Anastaplo In re (366 U.S. 820 (1960)) (1)
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- Arizona v. United States (132 S. Ct. 2492 (2012)) (1)
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- City of Ontario v. Quon (130 S. Ct. 2619 (2010)) (1)
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Articles 1 - 30 of 30
Full-Text Articles in Law
The Transformation Of Immigration Federalism, Jennifer M. Chacón
The Transformation Of Immigration Federalism, Jennifer M. Chacón
William & Mary Bill of Rights Journal
No abstract provided.
Workplace Enforcement Workarounds, Stephen Lee
Workplace Enforcement Workarounds, Stephen Lee
William & Mary Bill of Rights Journal
No abstract provided.
Dreams Deferred: Deferred Action, Prosecutorial Discretion, And The Vexing Case(S) Of Dream Act Students, Michael A. Olivas
Dreams Deferred: Deferred Action, Prosecutorial Discretion, And The Vexing Case(S) Of Dream Act Students, Michael A. Olivas
William & Mary Bill of Rights Journal
No abstract provided.
Urban Politics And The Assimilation Of Immigrant Voters, Rick Su
Urban Politics And The Assimilation Of Immigrant Voters, Rick Su
William & Mary Bill of Rights Journal
No abstract provided.
Guns And Membership In The American Polity, Pratheepan Gulasekaram
Guns And Membership In The American Polity, Pratheepan Gulasekaram
William & Mary Bill of Rights Journal
No abstract provided.
Introduction: Noncitizen Participation In The American Polity, Angela M. Banks
Introduction: Noncitizen Participation In The American Polity, Angela M. Banks
William & Mary Bill of Rights Journal
No abstract provided.
Immigration Policy From Scratch: The Universal And The Unique, Stephen H. Legomsky
Immigration Policy From Scratch: The Universal And The Unique, Stephen H. Legomsky
William & Mary Bill of Rights Journal
No abstract provided.
Immigration And Civil Rights: Is The "New" Birmingham The Same As The "Old" Birmingham, Kevin R. Johnson
Immigration And Civil Rights: Is The "New" Birmingham The Same As The "Old" Birmingham, Kevin R. Johnson
William & Mary Bill of Rights Journal
No abstract provided.
"Alien" Litigation As Polity-Participation: The Positive Power Of A "Voteless Class Of Litigants", Daniel Kanstroom
"Alien" Litigation As Polity-Participation: The Positive Power Of A "Voteless Class Of Litigants", Daniel Kanstroom
William & Mary Bill of Rights Journal
No abstract provided.
Shaping California's Prisons: How The Alternative Custody Program, Designed To Remedy The State's Eighth Amendment Violations In The Prison System, Encroaches On Equal Protection, Emilie A. Whitehurst
Shaping California's Prisons: How The Alternative Custody Program, Designed To Remedy The State's Eighth Amendment Violations In The Prison System, Encroaches On Equal Protection, Emilie A. Whitehurst
William & Mary Bill of Rights Journal
No abstract provided.
The Only Thing We Have To Fear Is Fear Itself: Islamophobia And The Recently Proposed Unconstitutional And Unnecessary Anti-Religion Laws, Lee Tankle
William & Mary Bill of Rights Journal
No abstract provided.
Bridging The Liability Gap: How Kowalski's Interpretation Of Reasonable Foreseeability Limits School Liability For Inaction In Cases Of Cyberbullying, Christopher A. Sickles
Bridging The Liability Gap: How Kowalski's Interpretation Of Reasonable Foreseeability Limits School Liability For Inaction In Cases Of Cyberbullying, Christopher A. Sickles
William & Mary Bill of Rights Journal
No abstract provided.
A Clarification Of The Constitution's Application Abroad: Making The "Impracticable And Anomalous" Standard More Practicable And Less Anomalous, Jesse Merriam
William & Mary Bill of Rights Journal
No abstract provided.
Constitutional Limits On The Right Of Government Investigations To Interview And Examine Alleged Victims Of Child Abuse Or Neglect, Teri Dobbins Baxter
Constitutional Limits On The Right Of Government Investigations To Interview And Examine Alleged Victims Of Child Abuse Or Neglect, Teri Dobbins Baxter
William & Mary Bill of Rights Journal
Investigating allegations of child abuse or neglect presents unique challenges, particularly if parents or guardians are the alleged perpetrators. Those accused of harming the children are in a position to prevent the victims from getting access to the help they need to escape their abuser(s). The courts have not clearly defined the federal constitutional boundaries of searches and seizures in this context. The Supreme Court, in particular, has not weighed in on the constitutionality of warrantless searches and seizures in connection with abuse and neglect investigations. This lack of Supreme Court guidance has led to unpredictable and sometimes conflicting opinions …
Creating Hammer V. Dagenhart, Logan E. Sawyer Iii
Creating Hammer V. Dagenhart, Logan E. Sawyer Iii
William & Mary Bill of Rights Journal
No abstract provided.
The Real Rules Of "Search" Interpretations, Luke M. Milligan
The Real Rules Of "Search" Interpretations, Luke M. Milligan
William & Mary Bill of Rights Journal
The Supreme Court tells us that a Fourth Amendment “search” is a matter of “reasonable expectations of privacy.” Scholars meanwhile debate “search” on the axes of value, doctrine, institutionalism, interpretation, and judicial politics. Yet neither prevailing judicial doctrine nor normative academic discourse has had much impact on the Court’s actual “search” interpretations. This article suggests that this static between “paper” rules and “real” rules (and, more generally, normative prescriptions and judicial decisionmaking) is a function of a deep constraint on the judiciary’s capacity to form “search” doctrine in free accordance with evolving juridical and policy norms. This constraint is one …
The Natural Flow Of Ideas: Why The Fifth Amendment Takings Clause And An Obscure Water-Rights Decision Might Thwart Attempts At Streamlining The Patent Queue, Joseph Kamien
William & Mary Bill of Rights Journal
No abstract provided.
The Internet At 20: Evolution Of A Constitution For Cyberspace, Henry H. Perritt Jr.
The Internet At 20: Evolution Of A Constitution For Cyberspace, Henry H. Perritt Jr.
William & Mary Bill of Rights Journal
No abstract provided.
"Worse Than The Disease": The Anti-Corruption Principle, Free Expression, And The Democratic Process, Martin H. Redish, Elana Nightingale Dawson
"Worse Than The Disease": The Anti-Corruption Principle, Free Expression, And The Democratic Process, Martin H. Redish, Elana Nightingale Dawson
William & Mary Bill of Rights Journal
No abstract provided.
Distorting Democracy: Campaign Lies In The 21st Century, Gerald G. Ashdown
Distorting Democracy: Campaign Lies In The 21st Century, Gerald G. Ashdown
William & Mary Bill of Rights Journal
No abstract provided.
The Role Of Causation When Determining The Proper Defendant In A Takings Lawsuit, Jan G. Laitos
The Role Of Causation When Determining The Proper Defendant In A Takings Lawsuit, Jan G. Laitos
William & Mary Bill of Rights Journal
No abstract provided.
"Property" In The Constitution: The View From The Third Amendment, Tom W. Bell
"Property" In The Constitution: The View From The Third Amendment, Tom W. Bell
William & Mary Bill of Rights Journal
During World War II, after Japan attacked the Aleutian Islands off Alaska’s coast, the United States forcibly evacuated the islands’ natives and quartered soldiers in private homes. That hitherto unremarked violation of the Third Amendment gives us a fresh perspective on what the term “property” means in the United States Constitution. As a general legal matter, property includes not just real estate—land, fixtures attached thereto, and related rights—but also various kinds of personal property, ranging from tangibles, such as books, to intangibles, such as causes of action. That knowledge would, if we interpreted the Constitution as we do other legal …
Needed: More Than A Paper Shield, Sandra Davidson, David Herrera
Needed: More Than A Paper Shield, Sandra Davidson, David Herrera
William & Mary Bill of Rights Journal
No abstract provided.
An Unusual Separation Of Power Episode: Samantar V. Yousuf And The Need For The Executive Branch To Assert Control Over Foreign Official Sovereign Immunity Determinations, Laura Manns
William & Mary Bill of Rights Journal
No abstract provided.
The Burka Ban: Divergent Approaches To Freedom Of Religion In France And In The U.S.A., Ioanna Tourkochoriti
The Burka Ban: Divergent Approaches To Freedom Of Religion In France And In The U.S.A., Ioanna Tourkochoriti
William & Mary Bill of Rights Journal
Six years after prohibiting the wearing of headscarves by students in public schools, the French state passed a law prohibiting the wearing of burkas in public places. Compared to France, in the United States there is more tolerance for wearing signs of religious affiliation. The difference in legal responses can be understood in reference to a different background understanding of the fundamental presuppositions of republicanism in the two legal and political orders, which also define their conception of secularism. The law enacted in France can be understood in a general frame of a paternalistic state, which is seen as permitted …
Hugo Black's Vision Of The Lawyer, The First Amendment, And The Duty Of The Judiciary: The Bar Applicant Cases In A National Security State, Joshua E. Kastenberg
Hugo Black's Vision Of The Lawyer, The First Amendment, And The Duty Of The Judiciary: The Bar Applicant Cases In A National Security State, Joshua E. Kastenberg
William & Mary Bill of Rights Journal
No abstract provided.
Looking Back At Cohen V. California: A 40 Year Retrospective From Inside The Court, Thomas G. Krattenmaker
Looking Back At Cohen V. California: A 40 Year Retrospective From Inside The Court, Thomas G. Krattenmaker
William & Mary Bill of Rights Journal
No abstract provided.
Kiss The Book...You're President...: "So Help Me God" And Kissing The Book In The Presidential Oath Of Office, Frederick B. Jonassen
Kiss The Book...You're President...: "So Help Me God" And Kissing The Book In The Presidential Oath Of Office, Frederick B. Jonassen
William & Mary Bill of Rights Journal
No abstract provided.
"Give Me A Few More Minutes!": How Virginia Violates Due Process By Hitting The Snooze Button On A Timely Declaration Of Death, Samantha Lauren Soller
"Give Me A Few More Minutes!": How Virginia Violates Due Process By Hitting The Snooze Button On A Timely Declaration Of Death, Samantha Lauren Soller
William & Mary Bill of Rights Journal
No abstract provided.
Teens, Sexts, & Cyberspace: The Constitutional Implications Of Current Sexting & Cyberbullying Laws, Jamie L. Williams
Teens, Sexts, & Cyberspace: The Constitutional Implications Of Current Sexting & Cyberbullying Laws, Jamie L. Williams
William & Mary Bill of Rights Journal
No abstract provided.