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Full-Text Articles in Law
Federal Power, States' Rights, Individual Rights: Mentally Disabled Prisoners And The Supreme Court's New Activism, Tom Kollas
William & Mary Bill of Rights Journal
This Note examines the situation of mentally disabled prisoners who seek to assert their rights in federal court. Neither laws affecting the disabled nor laws affecting prisoners receive heightened scrutiny by the judiciary, which, thus far, also refuses to recognize the unique burdens of those who fit both categories. Because mentally disabled prisoners do not qualify for heightened scrutiny under the Equal Protection Clause, recent developments in the federalism doctrine lead the courts to conclude that they are without jurisdiction to hear suits brought by prisoners against state penitentiaries. This Note explores the underpinnings of federalism, separation of powers, and …
John Marshall, Mcculloch V. Maryland, And "We The People": Revisions In Need Of Revising, Martin S. Flaherty
John Marshall, Mcculloch V. Maryland, And "We The People": Revisions In Need Of Revising, Martin S. Flaherty
William & Mary Law Review
No abstract provided.