Constitutional Law Commons^™

Freedom To Speak Unintelligibly: The First Amendment Implications Of Government-Controlled Encryption, Jill M. Ryan

William & Mary Bill of Rights Journal

The emergence of the computer has revolutionized communications, allowing quick dissemination of information to large numbers of people. Information transmitted electronically is often safeguarded through a widely available method known as encryption, which renders the information unintelligible to anyone without the ability to decrypt the message. Law enforcement agencies argue that unregulated encryption hinders their ability to prevent crime by providing criminals with a method of communication that cannot be accessed by police departments and government agencies. Proponents of encryption argue that privacy, security, and constitutional concerns outweigh law enforcement's fears, guaranteeing the ability to communicate confidentially.

In 1994, the …

The Substantial Burden Of Municipal Zoning: The Religious Freedom Restoration Act As A Means To Consistent Protection For Church-Sponsored Homeless Shelters And Soup Kitchens, Marc-Olivier Langlois

William & Mary Bill of Rights Journal

Despite the increase in poverty and homelessness in the United States, many municipalities are attempting to use zoning regulations to limit the spread of church-sponsored programs that minister to the poor. Although the Religious Freedom Restoration Act of 1993 (RFRA) suggests that courts should find churchsponsored programs exempt from the burdens of municipal zoning, recent decisions in federal courts demonstrate that church-sponsored homeless shelters and soup kitchens will receive the same inconsistent protection they received under traditional Free Exercise Clause analysis. This Note argues that enforcement of zoning regulations places a substantial burden on church-sponsored programs that minister to the …

The Conflict Between "Fair Housing" And Free Speech, Mary Caroline Lee

William & Mary Bill of Rights Journal

Under the Fair Housing Act and its 1988 amendments, the Department of Housing and Urban Development has the power to investigate alleged discrimination in public housing. The targets of these investigations are often neighborhood organizations and community groups voicing their opposition to the placement of public housing in their neighborhoods. The alleged discrimination can be nothing more than group meetings and the petitioning of local government officials. Mindful that such investigations have sometimes adversely affected the exercise of First Amendment rights, in 1994 HUD issued guidelines for handling fair housing complaints when such rights are at issue.

This Note will …

Vanity And Vexation: Shifting The Focus To Media Conduct, Jane E. Kirtley

William & Mary Bill of Rights Journal

Lawsuits brought by corporations against news organizations during the last few years demonstrate that it is no longer sufficient for the press to get its facts straight. With some industries literally fighting for their lives, a new legal climate has encourage litigation that deflects bad publicity by shifting the focus away from the traditional issue of accuracy to a critical examination of the news media's newsgathering techniques. Concerns about the reaction of courts to unorthodox reporting methods may prompt news organizations to censor themselves, but the author argues that facing the threat of mega-verdicts or contempt citations should be regarded …

The Constitutional Interest In Getting The News: Toward A First Amendment Protection From Tort Liability For Surreptitious Newsgathering, Paul A. Lebel

William & Mary Bill of Rights Journal

No abstract provided.

Treading On Sacred Ground: Congress's Power To Subject White House Advisers To Senate Confirmation, Douglas S. Onley

William & Mary Law Review

No abstract provided.

The Constitution As An Obstacle To Government Ethics - Reformist Legislation After National Treasury Employees Union, George D. Brown

William & Mary Law Review

No abstract provided.

Exxon Shipping, The Power To Subpoena Federal Agency Employees, And The Housekeeping Statute: Cleaning Up The Housekeeping Privilege For The Chimney-Sweeper's Benefit, Jason C. Grech

William & Mary Law Review

No abstract provided.

Who Decides If There Is "Triumph In The Ultimate Agony?" Constitutional Theory And The Emerging Right To Die With Dignity, Brian C. Goebel

William & Mary Law Review

No abstract provided.

Congressional-Executive Information Access Disputes: A Modest Proposal - Do Nothing, Neal Devins

Faculty Publications

No abstract provided.

Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus

Faculty Publications

No abstract provided.

Government Lawyers And The New Deal, Neal Devins

Faculty Publications

No abstract provided.

"For Our Own Good:" Federal Preemption Of State Tort Law - Risk, Regulation, And The Goals Of Environmental Protection, John Robertson

William & Mary Environmental Law and Policy Review

No abstract provided.

Cruel And Unusual?: Virginia's New Sex Offender Registration Statute, Elizabeth P. Bruns

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Molecular Motions: The Holmesian Judge In Theory And Practice, Thomas C. Grey

William & Mary Law Review

No abstract provided.

Of "Sloppy Journalism," Corporate Tyranny," And Mea Culpas: The Curious Case Of Moldea V. New York Times, David A. Logan

William & Mary Law Review

No abstract provided.

Federal Standards For Sex Offender Registration: Public Disclosure Confronts The Right To Privacy, Catherine A. Trinkle

William & Mary Law Review

No abstract provided.

Section 7: Constitutional Structure: Federalism, Administrative Law, Checks And Balances, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Association, Advocacy, And The First Amendment, Victor Brudney

William & Mary Bill of Rights Journal

No abstract provided.

Sources Of Rights To Access Public Information, Henry H. Perritt

William & Mary Bill of Rights Journal

No abstract provided.

Censorship Of Cyberspace A Personal Choice, I. Trotter Hardy

Popular Media

No abstract provided.

The Second Amendment And States' Rights: A Thought Experiment, Glenn Harlan Reynolds, Don B. Kates

William & Mary Law Review

No abstract provided.

Dangerous Misperceptions: Protecting Police Officers, Society, And The Fourth Amendment Right To Personal Security, Kathryn R. Urbonya

Faculty Publications

No abstract provided.

The Separation Of The Religious And The Secular: A Foundational Challenge To First Amendment Theory, Laura Underkuffler

William & Mary Law Review

No abstract provided.

Monkey Trials: Science, Defamation, And The Suppression Of Dissent, Michael Kent Curtis

William & Mary Bill of Rights Journal

In 1992, Rolling Stone magazine published "The Origin of AIDS. ?" The article explored a controversial and unconfirmed theory that the AIDS epidemic had been an inadvertent result of a polio vaccine trial conducted in Africa in the late 1950s. The researcher who conducted the African trials discussed by Rolling Stone sued the magazine for libel. He alleged that the article should be interpreted as asserting that he had caused the epidemic, that the AIDS-polio vaccine theory was false, and that it defamed him. Monkey Trials explores the controversial theory of the origin of AIDS and considers whether discussion (or …

Seventh Amendment Right To Jury Trial In Non-Article Iii Proceedings: A Study In Dysfunctional Constitutional Theory, Martin H. Redish, Daniel J. La Fave

William & Mary Bill of Rights Journal

The right to a jury trial in civil cases, as enumerated in the Seventh Amendment to the United States Constitution, is an integral part of the Bill of Rights. Nevertheless, in this Article, Professor Redish and Mr. La Fave argue that the Supreme Court has failed to preserve this right when Congress has relegated claims to a non-Article III forum. Furthermore, they argue, the Court has done so without providing any basis in constitutional theory to justify such a relinquishment.

Professor Redish and Mr. La Fave first examine the Supreme Court's interpretation of the Seventh Amendment in instances where Congress …

Information About Individuals In The Hands Of Government: Some Reflections On Mechanisms For Privacy Protection, Lillian R. Bevier

William & Mary Bill of Rights Journal

Information is the handmaiden of the modern activist state. In particular, information provided by individuals to government enables government to assess and collect taxes, to distribute social welfare benefits, and to pursue its regulatory agenda. Computer technology enhances the government's ability to gather, store, analyze, and process personal data. Computers make it easy for government agencies to share with one another information provided to them by individual citizens.

These facts bring issues of "informational privacy" to the fore. In this Article, Professor BeVier examines one such issue, namely that of unconsented-to use by government of accurate information provided by citizens …

The Constitutionality Of Lobby Reform: Implicating Associational Privacy And The Right To Petition The Government, Steven A. Browne

William & Mary Bill of Rights Journal

Lobbyists currently are required to register and report to the United States Congress under the Federal Regulation of Lobbying Act of 1946. Because of poor draftsmanship, the 1946 Act actually covers few lobbyists and is not enforced by the federal government. One recent federal bill attempts to reform lobbying registration by addressing the inadequacies of the current law. If enacted, this bill might be challenged as an impediment to First Amendment rights. Any attempt at lobby reform implicates the First Amendment right to petition the government and the right of associational privacy. These issues have been analyzed by state and …

Ethnicity And The Constitution: Beyond The Black And White Binary Constitution, Juan F. Perea

William & Mary Law Review

No abstract provided.

Levin, Jeffries, And The Fate Of Academic Autonomy, Nathan Glazer

William & Mary Law Review

No abstract provided.