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Series

Constitutional Law

2013

William & Mary Law School

United States Constitution 1st Amendment

Articles 1 - 3 of 3

Full-Text Articles in Law

Gary Wall, Plaintiff-Appellant V. James Wade, Et Al., Defendants-Appellees: Reply Brief Of Appellant, Tillman J. Breckenridge, Robert M. Luck Iii, Patricia E. Roberts Jun 2013

Gary Wall, Plaintiff-Appellant V. James Wade, Et Al., Defendants-Appellees: Reply Brief Of Appellant, Tillman J. Breckenridge, Robert M. Luck Iii, Patricia E. Roberts

Appellate and Supreme Court Clinic

No abstract provided.


Gary Wall, Plaintiff-Appellant V. James Wade, Et Al., Defendants-Appellees: Brief Of Appellant, Tillman J. Breckenridge, Robert M. Luck Iii, Patricia E. Roberts May 2013

Gary Wall, Plaintiff-Appellant V. James Wade, Et Al., Defendants-Appellees: Brief Of Appellant, Tillman J. Breckenridge, Robert M. Luck Iii, Patricia E. Roberts

Appellate and Supreme Court Clinic

No abstract provided.


The Supreme Court's Theory Of Private Law, Nathan B. Oman, Jason M. Solomon Mar 2013

The Supreme Court's Theory Of Private Law, Nathan B. Oman, Jason M. Solomon

Faculty Publications

In this Article, we revisit the clash between private law and the First Amendment in the Supreme Court’s recent case, Snyder v. Phelps, using a private-law lens. We are scholars who write about private law as individual justice, a perspective that has been lost in recent years but is currently enjoying something of a revival.

Our argument is that the Supreme Court’s theory of private law has led it down a path that has distorted its doctrine in several areas, including the First Amendment–tort clash in Snyder. In areas that range from punitive damages to preemption, the Supreme Court has …