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Articles 1 - 30 of 80
Full-Text Articles in Law
The Fragmented Liberty Clause, Rebecca L. Brown
The Fragmented Liberty Clause, Rebecca L. Brown
William & Mary Law Review
No abstract provided.
Will, Judgment, And Economic Liberty: Mr. Justice Souter And The Mistranslation Of The Due Process Clause, Alan J. Meese
Will, Judgment, And Economic Liberty: Mr. Justice Souter And The Mistranslation Of The Due Process Clause, Alan J. Meese
William & Mary Law Review
No abstract provided.
A One Shot Deal: The National Childhood Vaccine Injury Act, Elizabeth A. Breen
A One Shot Deal: The National Childhood Vaccine Injury Act, Elizabeth A. Breen
William & Mary Law Review
No abstract provided.
Fidelity, Basic Liberties, And The Specter Of Lochner, James E. Fleming
Fidelity, Basic Liberties, And The Specter Of Lochner, James E. Fleming
William & Mary Law Review
No abstract provided.
Lochner, Parity, And The Chinese Laundry Cases, David E. Bernstein
Lochner, Parity, And The Chinese Laundry Cases, David E. Bernstein
William & Mary Law Review
No abstract provided.
The Fiscal Powers And The 1930s: Entrenchment, John Harrison
The Fiscal Powers And The 1930s: Entrenchment, John Harrison
William & Mary Law Review
No abstract provided.
The Role Of Suspicion In Federal Equal Protection, Paul E. Mcgreal
The Role Of Suspicion In Federal Equal Protection, Paul E. Mcgreal
William & Mary Bill of Rights Journal
Recently, Professor Jed Rubenfeld wrote an essay arguing that the Supreme Court's strict scrutiny test for equal protection works best to "smoke out" the purpose of laws to determine whether they were enacted because of racial bias or preference. Professor Rubenfeld criticized the Court's most recent affirmative action decision in Adarand Constructors, Inc. v. Pena for departing from this "smoking out" approach.
In this Essay, Professor McGreal explores how this "smoking out" process is applied in federal equal protection cases. Counter to Professor Rubenfeld's view, he argues that the Supreme Court did use a "smoking out" approach in Adarand. His …
The Inevitable Infidelities Of Constitutional Translation: The Case Of The New Deal, John O. Mcginnis
The Inevitable Infidelities Of Constitutional Translation: The Case Of The New Deal, John O. Mcginnis
William & Mary Law Review
No abstract provided.
Commercial Slogans: The First Amendment Should Shield Their Use In Campaign Speech, Raena L. Smith
Commercial Slogans: The First Amendment Should Shield Their Use In Campaign Speech, Raena L. Smith
William & Mary Bill of Rights Journal
Commercial slogans and trademarks are increasingly finding their way into every aspect of the American vernacular, including speech by political officials and candidates. A previous published Note in the Journal of Law and Politics has argued that such speech should be restricted as it infringes upon the copyright or trademark holder's rights established both under federal and state law. This Note takes the opposing view, arguing that, even if campaign speech falls under the purview of federal or state statutes, the First Amendment prevents the application of laws to restrict campaign speech.
Discriminatory Effects: Desegregation Litigation In Higher Education In Georgia, Molly O'Brien
Discriminatory Effects: Desegregation Litigation In Higher Education In Georgia, Molly O'Brien
William & Mary Bill of Rights Journal
While no one can deny the importance of desegregating all educational institutions over the past half-century, one of the unexpected consequences of the movement has been to make uncertain the legality of historically black public colleges. This uncertainty has created an opportunity for those who oppose historically black colleges, for whatever reason, to bring suit against them and potentially close their doors for not enrolling a student body that represents the racial make-up of the state. Professor O'Brien explores this issue in her Article by chronicling the progress of higher education in Georgia, from the establishment of a dual system, …
The Unusual Suspects: Journalists As Thieves, William E. Lee
The Unusual Suspects: Journalists As Thieves, William E. Lee
William & Mary Bill of Rights Journal
The publication of confidential information by the press stands in stark contrast to the press' dedication to protecting the confidentiality of sources. While the Supreme Court has taken the position that the press may publish confidential information acquired through "routine" newsgathering methods, the contours of the phrase "routine " newsgathering methods are poorly defined In this Article, Professor Lee describes the link between the manner in which information is obtained and the First Amendment's protection of the publication of the information. He concludes that the proper analysis would separate the interests affected by publication from the interests affected by illegal …
Enclave Districting, Henry L. Chambers
Enclave Districting, Henry L. Chambers
William & Mary Bill of Rights Journal
Congressional districting has historically fostered single-member, geographically compact districts consisting of contiguous territory and has resulted in common representation for those who live near each other. Underlying compact districting is the assumption that people living relatively close together share political interests that can be adequately served by common representation. When the United States was a sparsely populated agrarian nation and only the propertied were the enfranchised, providing common representation based on residential proximity was sensible. Over time, however, the connection between residence and political interests has diminished.
In the wake of the Supreme Court's suggestion that representation should focus on …
Utilizing Statistics And Bellwether Trials In Mass Torts: What Do The Constitution And Federal Rules Of Civil Procedure Permit?, R. Joseph Barton
Utilizing Statistics And Bellwether Trials In Mass Torts: What Do The Constitution And Federal Rules Of Civil Procedure Permit?, R. Joseph Barton
William & Mary Bill of Rights Journal
Traditional judicial mechanisms that preserve litigants' rights to due process and a jury trial challenge courts to provide litigants their day in court in an efficient and timely manner. This challenge is made exponentially harder where the litigation concerns tortious conduct affecting a large number of persons and giving rise to latent injury. In response to the recent increase in mass tort filings, courts have sought an alternative means of adjudication-the extrapolation of a statistically average, representative plaintiff to other plaintiffs. This Note examines the problems associated with mass tort actions and how two circuit courts of appeals have implemented …
Introduction: Fidelity, Economic Liberty, And 1937, Editors Of The William And Mary Law Review
Introduction: Fidelity, Economic Liberty, And 1937, Editors Of The William And Mary Law Review
William & Mary Law Review
No abstract provided.
Lost Fidelities, Barry Cushman
Power, Policy, And The Hyde Amendment: Ensuring Sound Judicial Interpretation Of The Criminal Attorney's Fees Law, Lawrence Judson Welle
Power, Policy, And The Hyde Amendment: Ensuring Sound Judicial Interpretation Of The Criminal Attorney's Fees Law, Lawrence Judson Welle
William & Mary Law Review
No abstract provided.
Neonaticide And The Misuse Of The Insanity Defense, Megan C. Hogan
Neonaticide And The Misuse Of The Insanity Defense, Megan C. Hogan
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Some Unconventional Thoughts On Sprawl, Mark Fina, Leonard Shabman
Some Unconventional Thoughts On Sprawl, Mark Fina, Leonard Shabman
William & Mary Environmental Law and Policy Review
No abstract provided.
Eight Principles For Property Rights In The Anti-Sprawl Age, Eric T. Freyfogle
Eight Principles For Property Rights In The Anti-Sprawl Age, Eric T. Freyfogle
William & Mary Environmental Law and Policy Review
No abstract provided.
Un-Neighborly Conduct: Why Can't Virginia Beach And North Carolina Be Friends?, Paul Schmidt
Un-Neighborly Conduct: Why Can't Virginia Beach And North Carolina Be Friends?, Paul Schmidt
William & Mary Environmental Law and Policy Review
No abstract provided.
Reinventing Growth Management For The 21st Century, Douglas R. Porter
Reinventing Growth Management For The 21st Century, Douglas R. Porter
William & Mary Environmental Law and Policy Review
No abstract provided.
Managing Space To Manage Growth, Daniel R. Mandelker
Managing Space To Manage Growth, Daniel R. Mandelker
William & Mary Environmental Law and Policy Review
No abstract provided.
"Hybrid" Farmland Protection Programs: A New Paradigm For Growth Management, Edward Thompson Jr
"Hybrid" Farmland Protection Programs: A New Paradigm For Growth Management, Edward Thompson Jr
William & Mary Environmental Law and Policy Review
No abstract provided.
Tea-21: Paving Over Efforts To Stem Urban Sprawl And Reduce America's Dependence On The Automobile, Liam A. Mccann
Tea-21: Paving Over Efforts To Stem Urban Sprawl And Reduce America's Dependence On The Automobile, Liam A. Mccann
William & Mary Environmental Law and Policy Review
No abstract provided.
Teaching The Retrenchment Generation: When Sapphire Meets Socrates At The Intersection Of Race, Gender, And Authority, Pamela J. Smith
Teaching The Retrenchment Generation: When Sapphire Meets Socrates At The Intersection Of Race, Gender, And Authority, Pamela J. Smith
William & Mary Journal of Race, Gender, and Social Justice
This Article is about perceptions and the negative sociological factors that feed these perceptions as Black women attempt to teach the Retrenchment Generation. For purposes of this Article, the Retrenchment Generation is not limited to any particular age group or period of time. Rather, the Retrenchment Generation refers to a state of mind that makes race-based, sex-based, and race/sex-based microaggressions acceptable and in fact normal. The Retrenchment Generation is defined by the synergism that is created by racial isolation, particularly in the educational arena, retrenchment fervor, and the presumption of incompetence that inflexibly presumes that all professional Black women are …
Admitting Expert Testimony On Battered Woman Syndrome In Virginia Courts: How Peeples Changed Virginia Self-Defense Law, Marybeth H. Lenkevich
Admitting Expert Testimony On Battered Woman Syndrome In Virginia Courts: How Peeples Changed Virginia Self-Defense Law, Marybeth H. Lenkevich
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Tragic And Chaotic Aftermath Of A Baby Switch: Should Policy And Common Law, Blood Ties, Or Psychological Bonds Prevail, Cynthia R. Mabry
The Tragic And Chaotic Aftermath Of A Baby Switch: Should Policy And Common Law, Blood Ties, Or Psychological Bonds Prevail, Cynthia R. Mabry
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Unique Mental Health Needs Of Hiv-Infected Women Inmates: What Services Are Required Under The Constitution And The Americans With Disabilities Act?, Connie M. Mayer
Unique Mental Health Needs Of Hiv-Infected Women Inmates: What Services Are Required Under The Constitution And The Americans With Disabilities Act?, Connie M. Mayer
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Whether The Federal Rules Of Evidence Should Be Conceived As A Perpetual Index Code: Blindness Is Worse Than Myopia, Edward J. Imwinkelried
Whether The Federal Rules Of Evidence Should Be Conceived As A Perpetual Index Code: Blindness Is Worse Than Myopia, Edward J. Imwinkelried
William & Mary Law Review
No abstract provided.
Nomos, Narrative, And Adjudication: Toward A Jurisgenetic Theory Of Law, Franklin G. Snyder
Nomos, Narrative, And Adjudication: Toward A Jurisgenetic Theory Of Law, Franklin G. Snyder
William & Mary Law Review
No abstract provided.