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Full-Text Articles in Law
Recovering The Lost General Welfare Clause, David S. Schwartz
Recovering The Lost General Welfare Clause, David S. Schwartz
William & Mary Law Review
The General Welfare Clause of Article I, Section 8, Clause 1 of the Constitution enumerates a power to “provide for the common defense and general welfare.” A literal interpretation of this clause (“the general welfare interpretation”) would authorize Congress to legislate for any national purpose, and therefore to address all national problems— for example, the COVID-19 pandemic—in ways that would be precluded under the prevailing understanding of limited enumerated powers. But conventional doctrine rejects the general welfare interpretation and construes the General Welfare Clause to confer the so-called “Spending Power,” a power only to spend, but not to regulate, for …
Fiduciary Law And The Law Of Public Office, Ethan J. Leib, Andrew Kent
Fiduciary Law And The Law Of Public Office, Ethan J. Leib, Andrew Kent
William & Mary Law Review
A law of public office crystallized in Anglo-American law in the seventeenth and eighteenth centuries. This body of law—defined and enforced through a mix of oaths, statutes, criminal and civil case law, impeachments, and legislative investigations—imposed core duties on holders of public executive offices: officials needed to serve the public good, not their own private interests; were barred from acting ultra vires; could often be required to account to the public for their conduct in office; and needed to act with impartiality, honesty, and diligence. Officeholding came to be viewed as conditional, with officers removable for misdeeds. These substantive duties …
Being Seen Like A State: How Americans (And Britons) Built The Constitutional Infrastructure Of A Developing Nation, Daniel J. Hulsebosch
Being Seen Like A State: How Americans (And Britons) Built The Constitutional Infrastructure Of A Developing Nation, Daniel J. Hulsebosch
William & Mary Law Review
This Article develops the argument that the Federal Constitution of 1787 was conceptualized, drafted, and put into operation not only for American citizens but also for foreign audiences. In a world without supranational governing institutions, a constitution—at least, the Federal Constitution—might serve to promote peaceable international relations based on reciprocal trade and open credit. That at least was the Enlightenment-inflected hope.
Did it work? If early Americans engaged in constitution-making in large part to demonstrate their capacity for self-government, selfdiscipline, and commercial openness to foreign audiences, did anyone notice? Or was it all, regardless of diplomatic purposes and consistent with …
The Third Pillar Of Jurisprudence: Social Legal Theory, Brian Z. Tamanaha
The Third Pillar Of Jurisprudence: Social Legal Theory, Brian Z. Tamanaha
William & Mary Law Review
No abstract provided.
Restoring The Civil Jury's Role In The Structure Of Our Government, Sheldon Whitehouse
Restoring The Civil Jury's Role In The Structure Of Our Government, Sheldon Whitehouse
William & Mary Law Review
No abstract provided.
The Jury As A Political Institution: An Internal Perspective, Robert P. Burns
The Jury As A Political Institution: An Internal Perspective, Robert P. Burns
William & Mary Law Review
In this Essay, I will briefly describe some of the more obvious ways in which the jury has been considered a political institution. I will then discuss the senses in which we can understand the term “political” in the context of the American jury trial. I will describe the senses in which Hannah Arendt, perhaps the most important political philosopher of the twentieth century, tried to distinguish between “the political” and the “the legal” and the limitations of any such distinction. I will then turn to the heart of this Essay, a description of the ways in which the American …
Foreword: The Legacy Of St. George Tucker, Davison M. Douglas
Foreword: The Legacy Of St. George Tucker, Davison M. Douglas
William & Mary Law Review
No abstract provided.
Corporate Managers, Agency Costs, And The Rise Of Double Taxation, Steven A. Bank
Corporate Managers, Agency Costs, And The Rise Of Double Taxation, Steven A. Bank
William & Mary Law Review
No abstract provided.
The Transformation Of The American Civil Trial: The Silent Judge, Renée Lettow Lerner
The Transformation Of The American Civil Trial: The Silent Judge, Renée Lettow Lerner
William & Mary Law Review
No abstract provided.
The Brandeis Gambit: The Making Of America's "First Freedom," 1909-1931, Bradley C. Bobertz
The Brandeis Gambit: The Making Of America's "First Freedom," 1909-1931, Bradley C. Bobertz
William & Mary Law Review
No abstract provided.
The Sixties Shift To Formal Equality And The Courts: An Argument For Pragmatism And Politics, Mary Becker
The Sixties Shift To Formal Equality And The Courts: An Argument For Pragmatism And Politics, Mary Becker
William & Mary Law Review
No abstract provided.
A Mirror Crack'd? The Rule Of Law In American History, Christopher L. Tomlins
A Mirror Crack'd? The Rule Of Law In American History, Christopher L. Tomlins
William & Mary Law Review
No abstract provided.
The Revolutionary Idea Of University Legal Education, Paul D. Carrington
The Revolutionary Idea Of University Legal Education, Paul D. Carrington
William & Mary Law Review
No abstract provided.
Introduction To Legal History Symposium, John Bernard Corr
Introduction To Legal History Symposium, John Bernard Corr
William & Mary Law Review
No abstract provided.
William And Mary Bicentennial Commemoraiton: New Light On The General Court Of Colonial Virginia, Frank L. Dewey
William And Mary Bicentennial Commemoraiton: New Light On The General Court Of Colonial Virginia, Frank L. Dewey
William & Mary Law Review
No abstract provided.
The First Two Vinerian Professors: Blackstone And Chambers, Rupert Cross
The First Two Vinerian Professors: Blackstone And Chambers, Rupert Cross
William & Mary Law Review
This is the second in a series of four articles commemorating the bicentennial of American legal education, dating from the establishment of the first chair of law and police, occupied by George Wythe, at the College of William and Mary on December 4, 1779. The colonial antecedents to the College's formal relation to professional legal education may be traced to the career of Sir John Randolph, a student at William and Mary, 1705-1713, who then prepared for the bar at Gray's Inn, London (1715-1717). Randolph's two sons, Peyton ("The Patriot") and John ("The Tory") followed his example, first at the …
The Rev. John Bracken V. The Visitors Of William And Mary College: A Post-Revolutionary Problem In Visitatorial Jurisdiction, J. W. Bridge
The Rev. John Bracken V. The Visitors Of William And Mary College: A Post-Revolutionary Problem In Visitatorial Jurisdiction, J. W. Bridge
William & Mary Law Review
No abstract provided.
Nineteenth Century Anti-Entrepeneurial Nuisance Injunctions - Avoiding The Chancellor, Paul M. Kurtz
Nineteenth Century Anti-Entrepeneurial Nuisance Injunctions - Avoiding The Chancellor, Paul M. Kurtz
William & Mary Law Review
No abstract provided.
The Chief Justice As Leader: The Case Of Morrison Remick Waite, D. Grier Stephenson Jr.
The Chief Justice As Leader: The Case Of Morrison Remick Waite, D. Grier Stephenson Jr.
William & Mary Law Review
No abstract provided.
Protection Of Immigrant And Racial Minorities: A Survey Of British Legal History, Richard Plender
Protection Of Immigrant And Racial Minorities: A Survey Of British Legal History, Richard Plender
William & Mary Law Review
No abstract provided.
The Sherwell Lecture: The Human Comedy In Legal History, Frederick Bernays Wiener
The Sherwell Lecture: The Human Comedy In Legal History, Frederick Bernays Wiener
William & Mary Law Review
No abstract provided.
Reception Of English Common Law In The American Colonies, William B. Stoebuck
Reception Of English Common Law In The American Colonies, William B. Stoebuck
William & Mary Law Review
No abstract provided.
Book Review Of Legacy Of Suppression, James P. Whyte Jr.
Book Review Of Legacy Of Suppression, James P. Whyte Jr.
William & Mary Law Review
No abstract provided.
Equal Justice For All - Myth Or Motto?, John R. Batt
Equal Justice For All - Myth Or Motto?, John R. Batt
William & Mary Law Review
No abstract provided.
The Background Of The Fifth Amendment In English Law: A Study Of Its Historical Implications, John A. Kemp
The Background Of The Fifth Amendment In English Law: A Study Of Its Historical Implications, John A. Kemp
William & Mary Law Review
No abstract provided.
Obscenity And Social Statics, David C. Rittenhouse
Obscenity And Social Statics, David C. Rittenhouse
William & Mary Law Review
No abstract provided.