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William & Mary Law School

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Articles 1171 - 1200 of 1816

Full-Text Articles in Constitutional Law

Section 7: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2000

Section 7: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Peaches, Speech, And Clarence Thomas: Yes, California, There Is A Justice Who Understands The Ramifications Of Controlling Commercial Speech, Jennifer R. Franklin Sep 2000

Peaches, Speech, And Clarence Thomas: Yes, California, There Is A Justice Who Understands The Ramifications Of Controlling Commercial Speech, Jennifer R. Franklin

Faculty Publications

No abstract provided.


Abdication By Another Name: An Ode To Lou Fisher, Neal Devins Jul 2000

Abdication By Another Name: An Ode To Lou Fisher, Neal Devins

Faculty Publications

No abstract provided.


On Casebooks And Canons Or Why Bob Jones University Will Never Be Part Of The Constitutional Law Canon, Neal Devins Jul 2000

On Casebooks And Canons Or Why Bob Jones University Will Never Be Part Of The Constitutional Law Canon, Neal Devins

Faculty Publications

No abstract provided.


Alden V. Maine And The Jurisprudence Of Structure, Ernest A. Young May 2000

Alden V. Maine And The Jurisprudence Of Structure, Ernest A. Young

William & Mary Law Review

No abstract provided.


Student Division Symposium Sponsored By The Institute Of The Bill Of Rights Law: Policing Obscenity And Pornography In An Online World, Ann Beeson, Deirdre Mulligan, Bruce Taylor, Bruce Watson, Jonathan Zittrain Apr 2000

Student Division Symposium Sponsored By The Institute Of The Bill Of Rights Law: Policing Obscenity And Pornography In An Online World, Ann Beeson, Deirdre Mulligan, Bruce Taylor, Bruce Watson, Jonathan Zittrain

William & Mary Bill of Rights Journal

No abstract provided.


Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, Kathryn R. Urbonya Apr 2000

Supreme Court's 1998-1999 Term: Fourth Amendment Decisions, Kathryn R. Urbonya

Faculty Publications

No abstract provided.


Forensic Constitutional Interpretation, Brian F. Havel Apr 2000

Forensic Constitutional Interpretation, Brian F. Havel

William & Mary Law Review

No abstract provided.


Recalibrating The Cost Of Harm Advocacy: Getting Beyond Brandenburg, S. Elizabeth Wilborn Malloy, Ronald J. Krotoszynski Jr. Apr 2000

Recalibrating The Cost Of Harm Advocacy: Getting Beyond Brandenburg, S. Elizabeth Wilborn Malloy, Ronald J. Krotoszynski Jr.

William & Mary Law Review

No abstract provided.


The People Made Me Do It: Can The People Of The States Instruct And Coerce Their State Legislatures In The Article V Constitutional Amendment Process?, Vikram David Amar Mar 2000

The People Made Me Do It: Can The People Of The States Instruct And Coerce Their State Legislatures In The Article V Constitutional Amendment Process?, Vikram David Amar

William & Mary Law Review

No abstract provided.


The Bill Of Rights: Creation And Reconstruction By Akhil Reed Amar Feb 2000

The Bill Of Rights: Creation And Reconstruction By Akhil Reed Amar

William & Mary Bill of Rights Journal

No abstract provided.


Federal Jurisdiction Over State Claims To Shipwrecks: Should The Eleventh Amendment Go Down With The Ship?, Mark R. Baumgartner Feb 2000

Federal Jurisdiction Over State Claims To Shipwrecks: Should The Eleventh Amendment Go Down With The Ship?, Mark R. Baumgartner

William & Mary Bill of Rights Journal

The Eleventh Amendment prohibits citizens from bringing actions in law or equity against individual states in federal courts. The Amendment does not address whether states are subject to federal jurisdiction for actions in admiralty in which both a shipwreck salvor and a state claim title to a shipwreck Analyzing applicable admiralty, federal, and common law in the context of Eleventh Amendment jurisprudence, this Note examines whether the states are subject to pure admiralty actions in federal court by citizen-salvors seeking either title to or reward for salvaging a shipwreck. The original intentions of admiralty law: rewarding salvors for their efforts, …


Two Degrees Of Speech Protection: Free Speech Through The Prism Of Agricultural Disparagement Laws, Harold M. Wasserman Feb 2000

Two Degrees Of Speech Protection: Free Speech Through The Prism Of Agricultural Disparagement Laws, Harold M. Wasserman

William & Mary Bill of Rights Journal

In the wake of a 1989 national television broadcast reporting the alleged cancer risk of a chemical applied to apples on trees, many states passed agricultural product disparagement (APD) statutes. These statutes grant civil causes of action to the growers and sellers of perishable food products, against anyone who speaks negatively or disparagingly, without basis in scientific evidence, about the product's safety. In this Article, Howard M Wasserman explores the interplay between the APD statutes and the First Amendment. First, Mr. Wasserman discusses the three categories of restrictions on the freedom of speech, focusing primarily on private civil tort actions …


A Story For All Seasons: Akhil Reed Amar On The Bill Of Rights, Michael Kent Curtis Feb 2000

A Story For All Seasons: Akhil Reed Amar On The Bill Of Rights, Michael Kent Curtis

William & Mary Bill of Rights Journal

No abstract provided.


The Bill Of Rights, The Fourteenth Amendment, And The Seven Deadly Sins Of Legal Scholarship, Richard L. Aynes Feb 2000

The Bill Of Rights, The Fourteenth Amendment, And The Seven Deadly Sins Of Legal Scholarship, Richard L. Aynes

William & Mary Bill of Rights Journal

No abstract provided.


Comments On Akhil Reed Amar's The Bill Of Rights: Creation And Reconstruction, Melvin I. Urofsky Feb 2000

Comments On Akhil Reed Amar's The Bill Of Rights: Creation And Reconstruction, Melvin I. Urofsky

William & Mary Bill of Rights Journal

No abstract provided.


Asking The Right Questions: How The Courts Honored The Separation Of Powers By Reconsidering Miranda, Neal Devins Jan 2000

Asking The Right Questions: How The Courts Honored The Separation Of Powers By Reconsidering Miranda, Neal Devins

Faculty Publications

No abstract provided.


Reanimator: Mark Tushnet And The Second Coming Of The Imperial Presidency, Neal Devins Jan 2000

Reanimator: Mark Tushnet And The Second Coming Of The Imperial Presidency, Neal Devins

Faculty Publications

No abstract provided.


How Constitutional Law Casebooks Perpetuate The Myth Of Judicial Supremacy, Neal Devins Jan 2000

How Constitutional Law Casebooks Perpetuate The Myth Of Judicial Supremacy, Neal Devins

Faculty Publications

No abstract provided.


Spiritual Treatment Exemptions To Child Medical Neglect Laws: What We Outsiders Should Think, James G. Dwyer Jan 2000

Spiritual Treatment Exemptions To Child Medical Neglect Laws: What We Outsiders Should Think, James G. Dwyer

Faculty Publications

No abstract provided.


Book Review Of Getting Around Brown: Desegregation, Development, And The Columbus Public Schools, Davison M. Douglas Jan 2000

Book Review Of Getting Around Brown: Desegregation, Development, And The Columbus Public Schools, Davison M. Douglas

Popular Media

No abstract provided.


Bakke Betrayed, Alan J. Meese Jan 2000

Bakke Betrayed, Alan J. Meese

Faculty Publications

No abstract provided.


Public School Officials' Use Of Physical Force As A Fourth Amendment Seizure: Protecting Students From The Constitutional Chasm Between The Fourth And Fourteenth Amendments, Kathryn R. Urbonya Jan 2000

Public School Officials' Use Of Physical Force As A Fourth Amendment Seizure: Protecting Students From The Constitutional Chasm Between The Fourth And Fourteenth Amendments, Kathryn R. Urbonya

Faculty Publications

No abstract provided.


Commercial Slogans: The First Amendment Should Shield Their Use In Campaign Speech, Raena L. Smith Dec 1999

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.


Utilizing Statistics And Bellwether Trials In Mass Torts: What Do The Constitution And Federal Rules Of Civil Procedure Permit?, R. Joseph Barton Dec 1999

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 …


The Unusual Suspects: Journalists As Thieves, William E. Lee Dec 1999

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 …


Introduction: Fidelity, Economic Liberty, And 1937, Editors Of The William And Mary Law Review Dec 1999

Introduction: Fidelity, Economic Liberty, And 1937, Editors Of The William And Mary Law Review

William & Mary Law Review

No abstract provided.


The Fragmented Liberty Clause, Rebecca L. Brown Dec 1999

The Fragmented Liberty Clause, Rebecca L. Brown

William & Mary Law Review

No abstract provided.


Lochner, Parity, And The Chinese Laundry Cases, David E. Bernstein Dec 1999

Lochner, Parity, And The Chinese Laundry Cases, David E. Bernstein

William & Mary Law Review

No abstract provided.


Lost Fidelities, Barry Cushman Dec 1999

Lost Fidelities, Barry Cushman

William & Mary Law Review

No abstract provided.