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Articles 1 - 28 of 28
Full-Text Articles in Law
The Survival Of Racism Under The Constitution, Juan Williams
The Survival Of Racism Under The Constitution, Juan Williams
William & Mary Law Review
No abstract provided.
Racial Progress And Constitutional Roadblocks, Jeremy Rabkin
Racial Progress And Constitutional Roadblocks, Jeremy Rabkin
William & Mary Law Review
No abstract provided.
Ethnic Identity And Constitutional Design For Africa, Alemante G. Selassie
Ethnic Identity And Constitutional Design For Africa, Alemante G. Selassie
Faculty Publications
No abstract provided.
Where's The Politics?: Introduction To Williams, Eastland, Days, And Rabkin, Neal Devins
Where's The Politics?: Introduction To Williams, Eastland, Days, And Rabkin, Neal Devins
William & Mary Law Review
No abstract provided.
Trashing The Constitution: Judicial Activism, The Dormant Commerce Clause, And The Federalism Mantra, Patrick Mcginley
Trashing The Constitution: Judicial Activism, The Dormant Commerce Clause, And The Federalism Mantra, Patrick Mcginley
Law Faculty Scholarship
No abstract provided.
The United Nations And Human Rights And The Contribution Of The American Bill Of Rights, Jan Martenson
The United Nations And Human Rights And The Contribution Of The American Bill Of Rights, Jan Martenson
William & Mary Bill of Rights Journal
No abstract provided.
Too Early For A Requiem: Warren And Brandeis Were Right On Privacy Vs. Free Speech, Ruth Gavison
Too Early For A Requiem: Warren And Brandeis Were Right On Privacy Vs. Free Speech, Ruth Gavison
South Carolina Law Review
No abstract provided.
United States V. Morison: A Threat To The First Amendment Right To Publish National Security Information, David H. Topol
United States V. Morison: A Threat To The First Amendment Right To Publish National Security Information, David H. Topol
South Carolina Law Review
No abstract provided.
Peremptory Challenges: Edmonson V. Leesville Concrete Co. And The Batson Motion In Civil Litigation, Michael V. Hammond
Peremptory Challenges: Edmonson V. Leesville Concrete Co. And The Batson Motion In Civil Litigation, Michael V. Hammond
South Carolina Law Review
No abstract provided.
Federalism And Supremacy: Control Of State Judicial Decision-Making, Margaret G. Stewart
Federalism And Supremacy: Control Of State Judicial Decision-Making, Margaret G. Stewart
All Faculty Scholarship
No abstract provided.
Natural Rights, Positivism And The Ninth Amendment: A Response To Mcaffee, Steven J. Heyman
Natural Rights, Positivism And The Ninth Amendment: A Response To Mcaffee, Steven J. Heyman
All Faculty Scholarship
No abstract provided.
Adam, Eve And The First Amendment: Some Thoughts On The Obscene As Sacred, Sheldon Nahmod
Adam, Eve And The First Amendment: Some Thoughts On The Obscene As Sacred, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
Natural Rights, Positivism And The Ninth Amendment: A Response To Mcaffee, Steven J. Heyman
Natural Rights, Positivism And The Ninth Amendment: A Response To Mcaffee, Steven J. Heyman
Steven J. Heyman
No abstract provided.
Adam, Eve And The First Amendment: Some Thoughts On The Obscene As Sacred, Sheldon Nahmod
Adam, Eve And The First Amendment: Some Thoughts On The Obscene As Sacred, Sheldon Nahmod
Sheldon Nahmod
No abstract provided.
The Left, The Right, And Certainty In Constitutional Law, Gene R. Nichol Jr.
The Left, The Right, And Certainty In Constitutional Law, Gene R. Nichol Jr.
Faculty Publications
No abstract provided.
Divided Justice: A Commentary On The Nomination And Confirmation Of Justice Thomas, Michael J. Gerhardt
Divided Justice: A Commentary On The Nomination And Confirmation Of Justice Thomas, Michael J. Gerhardt
Faculty Publications
No abstract provided.
First Nations And The Constitution: A Question Of Trust, Brian Slattery
First Nations And The Constitution: A Question Of Trust, Brian Slattery
Brian Slattery
No abstract provided.
What Is Behind The "Property Rights" Debate?, John A. Humbach
What Is Behind The "Property Rights" Debate?, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
Lucas v. South Carolina Coastal Council' obviously presents issues that range far more broadly than just whether people should be allowed to build on beaches and dunes. Many observers have viewed the case as a splendid opportunity for the Supreme Court to re-establish private owner autonomy in land use decisions - to cut down, perhaps drastically, on elected legislatures' traditional power to protect the environment by regulating uses of land. Behind the "property rights" debate is the question of whether states and communities really ought to have the power that they have traditionally had to control the development and patterns …
When “Special Needs” Meet Probable Cause: Denying The Devil Benefit Of Law, Gerald S. Reamey
When “Special Needs” Meet Probable Cause: Denying The Devil Benefit Of Law, Gerald S. Reamey
Faculty Articles
Removing laws to pursue the lawbreaker may be well intentioned, but the result is that society is susceptible to the evils those laws protect against. The traditional Fourth Amendment safeguards--probable cause and warrants--have been abandoned due to the development of a reasonableness standard because of the presence of “special needs” that were used to justify searches. The adoption of this alternative approach to Fourth Amendment interpretation was signalled by the truly landmark case of Terry v. Ohio.
By adopting the “reasonableness” analysis, the Supreme Court altered the impact of the exclusionary rule without directly modifying the rule. After Griffin v. …
The Revitalization Of The Common-Law Civil Writ Of Audita Querela As A Post-Conviction Remedy In Criminal Cases: The Immigration Context And Beyond, Ira Robbins
Articles in Law Reviews & Other Academic Journals
Introduction: An alien lawfully enters the United States in 1972. He gets a job, gets married, and becomes a productive worker in the community. He is subsequently convicted of a felony, such as making false statements on a loan application. As a result, the Immigration and Naturalization Service (INS) brings deportation proceedings against him. The individual will seek any means possible to vacate the conviction, in order to stay in this country.' This Article explores whether the writ of audita querela. primarily used to provide post-judgment relief in civil cases at common law, can be used to challenge criminal convictions …
Constitutional Law - Reining In Patronage By Saying No To Government Employers Seeking To Assert The Political Exception Doctrine In The Elrod/Branti Analysis, Mark W. Helwig
Villanova Law Review
No abstract provided.
Autonomy's Magic Wand: Abortion And Constitutional Interpretation, Anita L. Allen
Autonomy's Magic Wand: Abortion And Constitutional Interpretation, Anita L. Allen
All Faculty Scholarship
No abstract provided.
United States Supreme Court: 1991-92 Term, Paul C. Giannelli
United States Supreme Court: 1991-92 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
United States Supreme Court: 1990-91 Term, Paul C. Giannelli
United States Supreme Court: 1990-91 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
Constitutional Law - Filling Senatorial Vacancies, Michael B. Novakovic
Constitutional Law - Filling Senatorial Vacancies, Michael B. Novakovic
Villanova Law Review
No abstract provided.
Indeterminacy, Justification And Truth In Constitutional Theory, Robert Lipkin
Indeterminacy, Justification And Truth In Constitutional Theory, Robert Lipkin
Robert Justin Lipkin
In this Article, Professor Lipkin continues the debate over the nature of indeterminacy in constitutional theory, arguing that epistemic indeterminacy is most relevant to the law, because epistemic indeterminacy is more closely tied to practical reasoning than is metaphysical indeterminacy.
Professor Lipkin further argues that the controversy over metaphysical or epistemic indeterminacy is really a controversy over truth or justification as the primary form of validating constitutional rules. In Professor Lipkin's view, the search for constitutional truth should be abandoned or, at best, should be treated as a trivial result of the best justification.
Finally, Professor Lipkin proposes a new …
La Vigencia De Nuestra Constitución, Héctor Fix Fierro
La Vigencia De Nuestra Constitución, Héctor Fix Fierro
Héctor Fix Fierro
No abstract provided.
The Revitalization Of The Common-Law Civil Writ Of Audita Querela As A Post-Conviction Remedy In Criminal Cases: The Immigration Context And Beyond, Ira P. Robbins
Ira P. Robbins