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Articles 1 - 9 of 9
Full-Text Articles in Law
Dumbo's Feather: An Examination And Critque Of The Supreme Court's Use, Misuse, And Abuse Of Tradition In Protecting Fundamental Rights, Ronald J. Krotoszynski Jr.
Dumbo's Feather: An Examination And Critque Of The Supreme Court's Use, Misuse, And Abuse Of Tradition In Protecting Fundamental Rights, Ronald J. Krotoszynski Jr.
William & Mary Law Review
The Justices of the Supreme Court have a great deal in common with the gifted pachyderm from the Walt Disney animated classic feature Dumbo. Like Dumbo's "magic" feather that purportedly enabled him to exercise his natural ability to fly, the tradition limitation on the Court's jurisprudence on unenumerated fundamental constitutional rights provides a more-apparent-than real constraint on the Court's almost unlimited ability to nullify legislative and executive action. In all too many substantive due process cases, reason seems to follow a predetermined result, rather than the result in the case following from the applicable governing principles. In this Article, Professor …
Section 2: The War On Terror, Institute Of Bill Of Rights Law, William & Mary Law School
Section 2: The War On Terror, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Due Process And Punitive Damages: The Error Of Federal Excessiveness Jurisprudence, A. Benjamin Spencer
Due Process And Punitive Damages: The Error Of Federal Excessiveness Jurisprudence, A. Benjamin Spencer
Faculty Publications
The Supreme Court, in a line of several cases over the past decade, has established a rigorous federal constitutional excessiveness review for punitive damages awards based on the Due Process Clause. As a matter of substantive due process, says the Court, punitive awards must be evaluated by three "guideposts" set forth in BMW of North America v. Gore: the degree of reprehensibility of the defendant's conduct, the ratio between punitive and compensatory damages, and a comparison of the amount of punitive damages to any "civil or criminal penalties that could be imposed for comparable misconduct." Following up on this pronouncement …
Sexuality And Sovereignty: The Global Limits And Possibilities Of A Lawrence, Sonia K. Katyal
Sexuality And Sovereignty: The Global Limits And Possibilities Of A Lawrence, Sonia K. Katyal
William & Mary Bill of Rights Journal
No abstract provided.
Jurisdiction To Adjudicate: A Revised Analysis, A. Benjamin Spencer
Jurisdiction To Adjudicate: A Revised Analysis, A. Benjamin Spencer
Faculty Publications
Personal jurisdiction doctrine as articulated by the Supreme Court is in disarray. As a constitutional doctrine whose contours remain imprecise, the law of personal jurisdiction has generated confusion, unpredictability, and extensive satellite litigation over what should be an uncomplicated preliminary issue. Many commentators have long lamented these defects, making suggestions for how the doctrine could be improved. Although many of these proposals have had much to offer, they generally have failed to articulate (or adequately justify or explain) a simple and sound approach to jurisdiction that the Supreme Court can embrace. This Article revises the law of personal jurisdiction by …
Universes Colliding: The Constitutional Implications Of Arbitral Class Actions, Maureen A. Weston
Universes Colliding: The Constitutional Implications Of Arbitral Class Actions, Maureen A. Weston
William & Mary Law Review
No abstract provided.
Is Economic Exclusion A Legitimate State Interest? Four Recent Cases Test The Boundaries, Timothy Sandefur
Is Economic Exclusion A Legitimate State Interest? Four Recent Cases Test The Boundaries, Timothy Sandefur
William & Mary Bill of Rights Journal
No abstract provided.
Jurisdiction And The Internet: Returning To Traditional Principles To Analyze Network-Mediated Contacts, A. Benjamin Spencer
Jurisdiction And The Internet: Returning To Traditional Principles To Analyze Network-Mediated Contacts, A. Benjamin Spencer
Faculty Publications
Courts have been evaluating the issue of personal jurisdiction based on Internet or "network-mediated" contacts for some time. The U.S. Supreme Court has remained silent on this issue, permitting the federal appeals courts to develop standards for determining when personal jurisdiction based on network-mediated contacts is appropriate. Unfortunately, the circuit approaches-which emphasize a Web site's "interactivity" and "target audience" -are flawed because they are premised on an outdated view of Internet activity as uncontrollably ubiquitous. This view has led courts to depart from traditional jurisdictional analysis and impose elevated and misguided jurisdictional standards. This article argues that courts should reinstitute …
The Presumption Of Liberty And The Public Interest: Medical Marijuana And Fundamental Rights, Randy E. Barnett
The Presumption Of Liberty And The Public Interest: Medical Marijuana And Fundamental Rights, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
As part of this lecture series on lawyering in the public interest, the author decided to talk about his pro bono involvement in the medical cannabis case of Gonzales v. Raich, which he and three other lawyers brought on behalf of Angel Raich and Diane Monson. There are three topics discussed in this lecture: the first is how the author got involved in doing this, which is a question he is asked all the time; the second is to describe the theory they took to the Supreme Court, which prevailed in the Ninth Circuit but was ultimately rejected by …