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Articles 1141 - 1170 of 1816
Full-Text Articles in Constitutional Law
A Constitution Of Collaboration: Protecting Fundamental Values With Second-Look Rules Of Interbranch Dialogue, Dan T. Coenen
A Constitution Of Collaboration: Protecting Fundamental Values With Second-Look Rules Of Interbranch Dialogue, Dan T. Coenen
William & Mary Law Review
No abstract provided.
The Right Of Expressive Association And Private Universities' Racial Preferences And Speech Codes, David E. Bernstein
The Right Of Expressive Association And Private Universities' Racial Preferences And Speech Codes, David E. Bernstein
William & Mary Bill of Rights Journal
The reaction to Boy Scouts of America v. Dale has divided along ideological lines. Conservatives generally support Dale because in their eyes it prevents the government from taking sides in the culture wars. "Progressives, "including many liberals who otherwise have strong civil libertarian instincts, oppose Dale because it inhibits the enforcement of antidiscrimination laws in some contexts. The underlying issue in Dale was whether a private, nonprofit expressive association has a First Amendment right to discriminate to prevent dilution of its message. Despite the ideological rancor over Dale, this right does not favor groups with any particular perspective, but protects …
The Expressive Interest Of Associations, Erwin Chemerinsky, Catherine Fisk
The Expressive Interest Of Associations, Erwin Chemerinsky, Catherine Fisk
William & Mary Bill of Rights Journal
Professors Erwin Chemerinsky and Catherine Fisk take issue on several grounds with Boy Scouts of America v. Dale, in which the Supreme Court held that the Boy Scouts have a First Amendment right to exclude gays, even though state law prohibits such discrimination. They first criticize Dale 's holding that courts must accept the group leadership's characterization of the group's expressive message. The Court's approach short-circuited the process by which an organization ordinarily develops or transforms its expressive message--internal deliberation, public articulation of a message, and recruitment of like-minded members-and it did so at the expense of many current and …
Personal Does Not Always Equal "Private": The Constitutionality Of Requiring Dna Samples From Convicted Felons And Arrestees, Martha L. Lawson
Personal Does Not Always Equal "Private": The Constitutionality Of Requiring Dna Samples From Convicted Felons And Arrestees, Martha L. Lawson
William & Mary Bill of Rights Journal
In the past couple of decades, the use of DNA testing has become a major debate in criminal law. Many Americans have called for regular use of DNA testing in criminal cases, particularly in the aftermath of the O.J. Simpson murder trial. While these tests can potentially help better ensure justice conducting DNA tests raises fundamental personal privacy concerns. This Note analyzes the development of DNA testing throughout the United States, giving a historical account of how the courts and local police departments have dealt with this testing Finally, the Note argues that the government's interest in mandatory testing of …
When Can A State Be Sued?, William W. Van Alstyne
When Can A State Be Sued?, William W. Van Alstyne
Popular Media
In her Popular Government article “When You Can’t Sue the State: State
Sovereign Immunity” (Summer 2000), Anita R. Brown-Graham described
a series of recent decisions in which a sharply divided U.S. Supreme Court
barred individuals from suing states for money damages for certain violations
of federal law, such as laws prohibiting discrimination against employees
because of their age. In the response that follows, William Van Alstyne
argues that this barrier to relief is neither unduly imposing nor novel. The
debate over the significance of these decisions is likely to continue. In
February 2001, in another case decided by a five-to-four …
Moving The Baseline: The Contradiction At The Core Of Constitutional Discourse Over State Aid To Parochial Schools, Andrew Stark
Moving The Baseline: The Contradiction At The Core Of Constitutional Discourse Over State Aid To Parochial Schools, Andrew Stark
William & Mary Law Review
No abstract provided.
Determining Reasonableness Under The Fourth Amendment: Physical Force To Control And Punish Students, Kathryn R. Urbonya
Determining Reasonableness Under The Fourth Amendment: Physical Force To Control And Punish Students, Kathryn R. Urbonya
Faculty Publications
No abstract provided.
Religion And The First Amendment: Some Causes Of The Recent Confusion, Carl H. Esbeck
Religion And The First Amendment: Some Causes Of The Recent Confusion, Carl H. Esbeck
William & Mary Law Review
No abstract provided.
Free? Exercise, Marci A. Hamilton
Accommodation And Equal Liberty, Lisa Schultz Bressman
Accommodation And Equal Liberty, Lisa Schultz Bressman
William & Mary Law Review
No abstract provided.
Government Messages And Government Money: Santa Fe, Mitchell V. Helms, And The Arc Of The Establishment Clause, Ira C. Lupu
Government Messages And Government Money: Santa Fe, Mitchell V. Helms, And The Arc Of The Establishment Clause, Ira C. Lupu
William & Mary Law Review
No abstract provided.
Social Meaning And School Vouchers, Neal Devins
Social Meaning And School Vouchers, Neal Devins
William & Mary Law Review
No abstract provided.
The Corporate Defamation Plaintiff In The Era Of Slapps: Revisiting New York Times V. Sullivan, D. Mark Jackson
The Corporate Defamation Plaintiff In The Era Of Slapps: Revisiting New York Times V. Sullivan, D. Mark Jackson
William & Mary Bill of Rights Journal
Corporations have increasingly used defamation suits as an offensive weapon. Many of these suits may be defined as SLAPP suits-Strategic Litigation Against Public Participation. These suits, often meritless, are designed to harass and silence a corporations' critics. Following a survey oft he history of defamation law and the protection of free speech, this Note argues that corporations should be treated as per se public figures in defamation suits. This derives from the uniquely public nature of a corporation and an assumption of the risk of defamatory falsehoods that arises from the act of incorporation.Treating corporations in this manner would place …
Religion, Rationality, And Special Treatment, Jane Rutherford
Religion, Rationality, And Special Treatment, Jane Rutherford
William & Mary Bill of Rights Journal
Religion has always played a major role in American society, both politically and socially. Its influence on the Constitution is expressed in the Establishment and Free Exercise Clauses. Why is religion given special treatment by the Constitution? In this Article, Professor Jane Rutherford makes a structural argument for religious liberty. Rutherford posits that religion is treated differently not because of the content of its views, but because of the various other functions it serves, such as providing voices for outsiders and advancing non-market values. Rutherford concludes that we should return to more serious enforcement of the Establishment and Free Exercise …
The State Of The Canon In Constitutional Law: Lessons From The Jurisprudence Of John Marshall, David E. Marion
The State Of The Canon In Constitutional Law: Lessons From The Jurisprudence Of John Marshall, David E. Marion
William & Mary Bill of Rights Journal
Constitutional law has been an active battlefield as competing groups within the academy seek to deconstruct, reconstruct, and/or relegitimize the teaching and practice of law in the United States. Much of the rhetoric of the debate is couched in the language of rights. There is a danger that diminished attention to powers in the rhetoric and teaching of constitutional law may compromise sober and moderate constitutional reasoning. By reinvigorating reflection on powers-related issues, the legal profession can do its part to promote sobriety, and hence an added dose of prudence, in constitutional reflection and discourse by a democratic citizenry whose …
Protecting The Cellular Citizen-Critic: The State Of Political Speech From Sullivan To Popa, Clay Calvert
Protecting The Cellular Citizen-Critic: The State Of Political Speech From Sullivan To Popa, Clay Calvert
William & Mary Bill of Rights Journal
The 1999federal appellate court decision of United States v. Popa suggests the startling emergence of a nascent First Amendment right to engage in anonymous and racist telephonic harassment of government officials. Professor Calvert suggests that this decision sadly reflects the state of political discourse in the United States today, namely a dialectical free-for-all directly contrary to the vision of philosopher-educator Alexander Meiklejohn, a vision advanced by the United States Supreme Court in New York Times Co. v. Sullivan but rejected by the shout-and- attack cultures of cable news channel political talk shows and call-in radio programs. The Popa decision also …
Q: Will The Supreme Court Intervention In Florida Fail The Test Of Time?, Ira Glasser, Alan J. Meese
Q: Will The Supreme Court Intervention In Florida Fail The Test Of Time?, Ira Glasser, Alan J. Meese
Popular Media
No abstract provided.
Impeachment Defanged And Other Institutional Ramifications Of The Clinton Scandals, Michael J. Gerhardt
Impeachment Defanged And Other Institutional Ramifications Of The Clinton Scandals, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Takings Clause, Tara Leigh Grove
Congressional Factfinding And The Scope Of Judicial Review: A Preliminary Analysis, Neal Devins
Congressional Factfinding And The Scope Of Judicial Review: A Preliminary Analysis, Neal Devins
Faculty Publications
No abstract provided.
Congress As Culprit: How Lawmakers Spurred On The Court's Anti-Congress Crusade, Neal Devins
Congress As Culprit: How Lawmakers Spurred On The Court's Anti-Congress Crusade, Neal Devins
Faculty Publications
No abstract provided.
Abortion, Capital Punishment, And The Politics Of "God's" Will, Kimberly J. Cook
Abortion, Capital Punishment, And The Politics Of "God's" Will, Kimberly J. Cook
William & Mary Bill of Rights Journal
In her paper, Professor Kimberly J. Cook uses statistics to illustrate the role the Christian Right plays in the public discourse over two issues permeated with religious overtones: abortion and the death penalty. She shows how the Christian Right's approach to these issues is based on an ideological notion of 'Justice " that is primarily focused on vengeance and punishment, to the exclusion of forgiveness. Professor Cook's exploration of the modern roots of this ideology leads to a movement dating from the 1960s known as Christian Reconstructionism, which advocates using state action to enforce its unique interpretation of "God's Will." …
The Founders Go On-Line: An Original Intent Solution To A Jurisdictional Dilemma, Christine G. Heslinga
The Founders Go On-Line: An Original Intent Solution To A Jurisdictional Dilemma, Christine G. Heslinga
William & Mary Bill of Rights Journal
The Internet has created a blossoming cyber-economy and a new way of conducting business. Unfortunately for those looking for jurisdictional certainty, however, cyberspace also effectively eliminates geographic boundaries. The unprecedented circumstances set by this new frontier have put federal courts in the unenviable position of deciding whether Internet-based cases meet diversity jurisdiction requirements. Examining the constitutional history and recent use of diversity, this Note argues that the Founders did not foresee an era where every contract or sales case would end up in federal court; rather, they intended diversity jurisdiction to be a rare and perhaps temporary proposition. The author …
Everyone Benefits, Everyone Pays: Does The Fifth Amendment Mandate Compensation When Property Is Damaged During The Course Of Police Activities?, C. Wayne Owen Jr.
Everyone Benefits, Everyone Pays: Does The Fifth Amendment Mandate Compensation When Property Is Damaged During The Course Of Police Activities?, C. Wayne Owen Jr.
William & Mary Bill of Rights Journal
The Fifth Amendment of the United States Constitution, along with similar provisions in state constitutions, forbids the taking of private property by the government for a public use without just compensation. Despite this protection, many courts have denied takings claims made by innocent third party landowners when police officers caused damage to their property during the course of executing their official duties. These courts held that the damage was not for a "public use" in the narrow sense, and have refused to analyze the claims under takings jurisprudence. This narrow view of "public use" ignores the fact that society as …
The Integrity Of Death: Resolving Dilemmas In Medicine, Larry I. Palmer
The Integrity Of Death: Resolving Dilemmas In Medicine, Larry I. Palmer
Faculty Publications
No abstract provided.
A Community Of Interest In The Due Process Calculus, Charles H. Koch Jr.
A Community Of Interest In The Due Process Calculus, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
Wake Up And Smell The Contraband: Why Courts That Do Not Find Probable Cause Based On Odor Alone Are Wrong, Michael A. Sprow
Wake Up And Smell The Contraband: Why Courts That Do Not Find Probable Cause Based On Odor Alone Are Wrong, Michael A. Sprow
William & Mary Law Review
No abstract provided.
Angry White Males: The Equal Protection Clause And "Classes Of One", Timothy Zick
Angry White Males: The Equal Protection Clause And "Classes Of One", Timothy Zick
Faculty Publications
No abstract provided.
Federalism And Foreign Affairs: Congress's Power To "Define And Punish...Offenses Against The Law Of Nations", Beth Stephens
Federalism And Foreign Affairs: Congress's Power To "Define And Punish...Offenses Against The Law Of Nations", Beth Stephens
William & Mary Law Review
No abstract provided.
Public Service, Ethics, And Constitutional Practice, James E. Moliterno
Public Service, Ethics, And Constitutional Practice, James E. Moliterno
Faculty Publications
No abstract provided.