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Full-Text Articles in Law

The Constitution And Racial Preference In Law School Admissions, Robert A. Sedler Nov 1996

The Constitution And Racial Preference In Law School Admissions, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


Section 1: Profiles Of The Supreme Court, Institute Of Bill Of Rights Law, William & Mary Law School Oct 1996

Section 1: Profiles Of The Supreme Court, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 4: Business, Commerce, Property, Institute Of Bill Of Rights Law, William & Mary Law School Oct 1996

Section 4: Business, Commerce, Property, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 5: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School Oct 1996

Section 5: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 3: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School Oct 1996

Section 3: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 7: Criminal Law, Institute Of Bill Of Rights Law, William & Mary Law School Oct 1996

Section 7: Criminal Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 6: Voting Rights, Institute Of Bill Of Rights Law, William & Mary Law School Oct 1996

Section 6: Voting Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 2: Moot Court, Clinton V. Jones, Institute Of Bill Of Rights Law, William & Mary Law School Oct 1996

Section 2: Moot Court, Clinton V. Jones, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 8: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School Oct 1996

Section 8: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Consistently Inconsistent: The Supreme Court And The Confusion Surrounding Proportionality In Non-Capital Sentencing, Steven P. Grossman Mar 1996

Consistently Inconsistent: The Supreme Court And The Confusion Surrounding Proportionality In Non-Capital Sentencing, Steven P. Grossman

All Faculty Scholarship

(Adapted by permission from 84 Ky. L. J. 107 (1995)) This article examines the Supreme Court's treatment of the Eighth Amendment with respect to claims of excessiveness regarding prison sentences. Specifically, it addresses the issue of whether and to what degree the Eighth Amendment requires that a punishment not be disproportional to the crime punished. In analyzing all of the modern holdings of the Court in this area, one finds significant fault with each. The result of this series of flawed opinions from the Supreme Court is that the state of the law with respect to proportionality in sentencing is …


Text, Texts, Or Ad Hoc Determinations: Interpretation Of The Federal Rules Of Evidence, Randolph N. Jonakait Jan 1996

Text, Texts, Or Ad Hoc Determinations: Interpretation Of The Federal Rules Of Evidence, Randolph N. Jonakait

Articles & Chapters

No abstract provided.


Arbitration: Back To The Future, Theodore J. St. Antoine Jan 1996

Arbitration: Back To The Future, Theodore J. St. Antoine

Other Publications

A strong new ideological current is sweeping through much of the Western World. At one extreme it manifests itself as a deep distrust of big government. In more modest form, it is a sense of skepticism or disillusionment about the capacity of big government to deal effectively with the problems confronting our society. In continental Europe today there is much talk of the principle of "subsidiarity," the notion that social and economic ills should be treated at the lowest level feasible, usually the level closest to the people directly affected. In the United States there is much talk of "privatization," …


The Court And The Changing Constitution: A Discussion, Vincent M. Bonventre, Carl Swidorski, Barry Latzer, James A. Gardner, Peter Galie Jan 1996

The Court And The Changing Constitution: A Discussion, Vincent M. Bonventre, Carl Swidorski, Barry Latzer, James A. Gardner, Peter Galie

Journal Articles

No abstract provided.


The New Activist Court, Donald H. Zeigler Jan 1996

The New Activist Court, Donald H. Zeigler

Articles & Chapters

No abstract provided.


Introduction: Dialogue On The Solomon Lecture: Politics And The Rehnquist Court, Nadine Strossen Jan 1996

Introduction: Dialogue On The Solomon Lecture: Politics And The Rehnquist Court, Nadine Strossen

Articles & Chapters

No abstract provided.


Progress And Constitutionalism, Robert F. Nagel Jan 1996

Progress And Constitutionalism, Robert F. Nagel

Publications

No abstract provided.


Romer V. Evans And The Constitutionality Of Higher Lawmaking, Anthony M. Dillof Jan 1996

Romer V. Evans And The Constitutionality Of Higher Lawmaking, Anthony M. Dillof

Law Faculty Research Publications

No abstract provided.


Term Limits On Original Intent--An Essay On Legal Debate And Historical Understanding, Polly J. Price Jan 1996

Term Limits On Original Intent--An Essay On Legal Debate And Historical Understanding, Polly J. Price

Faculty Articles

This Essay is divided into five Parts. Part I sets the stage for the historical debate by evaluating the text of the Qualifications Clauses as well as the limited evidence of what the Framers and the ratifiers thought about these provisions. Part II shows that many states, immediately after the federal Constitution was ratified, behaved as though the Qualifications Clauses did not prevent them from adding qualifications for congressional office-holding. Part III compares this early evidence of state behavior with a debate in Congress after the Civil War concerning the meaning of the Qualifications Clauses. Part IV returns to the …


The Practice Of Dissent In The Supreme Court, Kevin M. Stack Jan 1996

The Practice Of Dissent In The Supreme Court, Kevin M. Stack

Vanderbilt Law School Faculty Publications

The United States Supreme Court's connection to the ideal of the rule of law is often taken to be the principal basis of the Court's political legitimacy. In the Supreme Court's practices, however, the ideal of the rule of law and the Court's political legitimacy do not always coincide. This Note argues that the ideal of the rule of law and the Court's legitimacy part company with respect to the Court's practice of dissent. Specifically, this Note aims to demonstrate that the practice of dissent-the tradition of Justices publishing their differences with the judgment or the reasoning of their peers--cannot …


Having It Both Ways: Proof That The U.S. Supreme Court Is "Unfairly" Prosecution-Oriented, Christopher Slobogin Jan 1996

Having It Both Ways: Proof That The U.S. Supreme Court Is "Unfairly" Prosecution-Oriented, Christopher Slobogin

Vanderbilt Law School Faculty Publications

If the assertions that this essay makes about the Court's "unfair" prosecution-orientation withstand scrutiny," two further conclusions might follow. First, the highest court in the country is so fixated on ensuring that a particular side wins that it is willing with some frequency to sacrifice the most basic attribute of any court worthy of the name-the appearance of fairness. This conclusion is a much more fundamental challenge to the Court's integrity than is the simple acknowledgement that a majority of the Justices are biased in favor of the government. Second, to the extent the Court's unfairness becomes common knowledge, its …


Government Lawyers And The New Deal, Neal Devins Jan 1996

Government Lawyers And The New Deal, Neal Devins

Faculty Publications

No abstract provided.


Conquering The Cultural Frontier: The New Subjectivism Of The Supreme Court In Indian Law, David H. Getches Jan 1996

Conquering The Cultural Frontier: The New Subjectivism Of The Supreme Court In Indian Law, David H. Getches

Publications

For a century and a half, the Supreme Court was faithful to a set of foundation principles respecting Indian tribal sovereignty. Though the United States can abrogate tribal powers and rights, it can only do so by legislation. Accordingly, the Court has protected reservations as enclaves for Indian self-government, preventing states from enforcing their laws and taxes, and holding that even federal laws could not be applied to Indians without congressional permission. Recently, however, the Court has assumed the job it formerly conceded to Congress, considering and weighing cases to reach results comporting with the Justices' subjective notions of what …


The Term Limits Dissent: What Nerve, Robert F. Nagel Jan 1996

The Term Limits Dissent: What Nerve, Robert F. Nagel

Publications

No abstract provided.


Politics And The Rehnquist Court, James F. Simon Jan 1996

Politics And The Rehnquist Court, James F. Simon

Articles & Chapters

No abstract provided.


The Most Dangerous Justice: The Supreme Court At The Bar Of Mathematics, Paul H. Edelman, Jim Chen Jan 1996

The Most Dangerous Justice: The Supreme Court At The Bar Of Mathematics, Paul H. Edelman, Jim Chen

Vanderbilt Law School Faculty Publications

We analyze the relative voting power of the Justices based upon Supreme Court decisions during October Term 1994 and October Term 1995. We take two approaches, both based on ideas derived from cooperative game theory. One of the measures we use has been used in connection with voting rights cases. After naming the Most Dangerous Justice, we conclude by identifying and explaining the inverse relationship between seniority and voting power.


"Duel" Diligence: Second Thoughts About The Supremes As The Sultans Of Swing, Paul H. Edelman, Jim Chen Jan 1996

"Duel" Diligence: Second Thoughts About The Supremes As The Sultans Of Swing, Paul H. Edelman, Jim Chen

Vanderbilt Law School Faculty Publications

We respond to Professor Lynn A. Baker's criticisms of our article, The Most Dangerous Justice: The Supreme Court at the Bar of Mathematics. Professor Baker fundamentally misunderstands our measure of Supreme Court voting power. Moreover, she erroneously presumes that the "median Justice" wields the bulk of the Court's power. Even if there were a median Justice, it is far from clear whether he would be the Most Dangerous Justice. We conclude with a clarification of the median voter theorem and its implications for the distribution of voting power within the Supreme Court.


California’S Proposition 187--Does It Mean What It Says? Does It Say What It Means? A Textual And Constitutional Analysis, Lolita K. Buckner Inniss Jan 1996

California’S Proposition 187--Does It Mean What It Says? Does It Say What It Means? A Textual And Constitutional Analysis, Lolita K. Buckner Inniss

Publications

No abstract provided.


The Future Of Federalism, Robert F. Nagel Jan 1996

The Future Of Federalism, Robert F. Nagel

Publications

No abstract provided.


Hiding The Ball, Pierre Schlag Jan 1996

Hiding The Ball, Pierre Schlag

Publications

No abstract provided.


Judicial Restraint And Constitutional Federalism: The Supreme Court's Lopez And Seminole Tribe Decisions, Herbert J. Hovenkamp Jan 1996

Judicial Restraint And Constitutional Federalism: The Supreme Court's Lopez And Seminole Tribe Decisions, Herbert J. Hovenkamp

All Faculty Scholarship

The Senate hearings considering Elena Kagan’s Supreme Court nomination called new attention to the Constitution's Commerce Clause. That concern might seem odd, given the typical lack of strong grassroots concern over the commerce power. But the 2010 election year is different. One characteristic of the largely conservative "Tea Party" movement is a wish to roll back Constitutional time to the regime envisioned by its founders. As the New York Times reported in early July, 2010, members of the movement believe that the “commerce clause in particular has been pushed beyond recognition.” Members of the movement imagine that Congressional power over …