Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

William & Mary Law School

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 1321 - 1350 of 1816

Full-Text Articles in Constitutional Law

The Case Against Fifra Preemption: Reconciling Cipollone's Preemption Approach With Both The Supremacy Clause And Basic Notions Of Federalism, Stephen D. Otero Feb 1995

The Case Against Fifra Preemption: Reconciling Cipollone's Preemption Approach With Both The Supremacy Clause And Basic Notions Of Federalism, Stephen D. Otero

William & Mary Law Review

No abstract provided.


Applying The Eighth Amendment To Civil Forfeiture After Austin V. United States: Excessiveness And Proportionality, Douglas S. Reinhart Oct 1994

Applying The Eighth Amendment To Civil Forfeiture After Austin V. United States: Excessiveness And Proportionality, Douglas S. Reinhart

William & Mary Law Review

No abstract provided.


Media Violence And The Obscenity Exception To The First Amendment, Kevin W. Saunders Aug 1994

Media Violence And The Obscenity Exception To The First Amendment, Kevin W. Saunders

William & Mary Bill of Rights Journal

No abstract provided.


The Future Of Communications Policymaking, Fred H. Cate Aug 1994

The Future Of Communications Policymaking, Fred H. Cate

William & Mary Bill of Rights Journal

No abstract provided.


Does The Fourth Amendment Apply To The Armed Forces?, Fredric I. Lederer, Frederic L. Borch Aug 1994

Does The Fourth Amendment Apply To The Armed Forces?, Fredric I. Lederer, Frederic L. Borch

William & Mary Bill of Rights Journal

No abstract provided.


The Partial Republican, John O. Mcginnis May 1994

The Partial Republican, John O. Mcginnis

William & Mary Law Review

No abstract provided.


Turner Broadcasting V. Fcc: A First Amendment Challenge To Cable Television Must-Carry Rules, Marc Peritz Feb 1994

Turner Broadcasting V. Fcc: A First Amendment Challenge To Cable Television Must-Carry Rules, Marc Peritz

William & Mary Bill of Rights Journal

No abstract provided.


Whither The Press: The Fourth Estate And The Journalism Of Blame, Gerald G. Ashdown Feb 1994

Whither The Press: The Fourth Estate And The Journalism Of Blame, Gerald G. Ashdown

William & Mary Bill of Rights Journal

No abstract provided.


Cohen V. Cowles Media And Its Significance For First Amendment Law And Journalism, Jerome A. Barron Feb 1994

Cohen V. Cowles Media And Its Significance For First Amendment Law And Journalism, Jerome A. Barron

William & Mary Bill of Rights Journal

No abstract provided.


"Buying Up Speech": Active Government And The Terms Of The First Amendment And Fourteenth Amendments, William T. Mayton Feb 1994

"Buying Up Speech": Active Government And The Terms Of The First Amendment And Fourteenth Amendments, William T. Mayton

William & Mary Bill of Rights Journal

No abstract provided.


A Matter Of Opinion: Milkovich Four Years Later, Kathryn Dix Sowle Feb 1994

A Matter Of Opinion: Milkovich Four Years Later, Kathryn Dix Sowle

William & Mary Bill of Rights Journal

No abstract provided.


The H-Bomb And The First Amendment, Erwin Knoll Feb 1994

The H-Bomb And The First Amendment, Erwin Knoll

William & Mary Bill of Rights Journal

No abstract provided.


Is Electrocution An Unconstitutional Method Of Execution? The Engineering Of Death Over The Century, Deborah W. Denno Feb 1994

Is Electrocution An Unconstitutional Method Of Execution? The Engineering Of Death Over The Century, Deborah W. Denno

William & Mary Law Review

No abstract provided.


The Second Amendment And The Personal Right To Arms, William W. Van Alstyne Jan 1994

The Second Amendment And The Personal Right To Arms, William W. Van Alstyne

Faculty Publications

For many years, the Second Amendment was politely ignored, or summarily dismissed, by America's legal academy. In recent years, however, more and more law professors have begun taking the Second Amendment seriously. Professor William Van Alstyne, one of the nation's most respected Constitutional law professors, and the author of a leading Constitutional law casebook; offers his contribution in this essay. Van Alstyne suggests that the Second Amendment means exactly what it says: that individual citizens have a right, not merely a privilege, to own and carry firearms. He also commends the National Rifle Association for its constructive role as a …


A Tale Of Two Textualists: A Critical Comparison Of Justices Black And Scalia, Michael J. Gerhardt Jan 1994

A Tale Of Two Textualists: A Critical Comparison Of Justices Black And Scalia, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Rediscovering Nonjusticiability: Judicial Review Of Impeachments After Nixon, Michael J. Gerhardt Jan 1994

Rediscovering Nonjusticiability: Judicial Review Of Impeachments After Nixon, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Unitariness And Independence: Solicitor General Control Over Independent Agency Litigation, Neal Devins Jan 1994

Unitariness And Independence: Solicitor General Control Over Independent Agency Litigation, Neal Devins

Faculty Publications

With a few exceptions, the Solicitor General controls all aspects of independent agency litigation before the Supreme Court. Solicitor General control of Supreme Court litigation creates a tension between independent agency freedom and the Solicitor General's authority. On the one hand, Solicitor General control provides the United States with a unitary voice before the Supreme Court, and provides the Court with a trustworthy litigator to explicate the government's position. On the other hand, such control may undermine the autonomy of independent agency decision making. In this Article, the author argues for a hybrid model of independent agency litigation in the …


Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades Jan 1994

Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades

Faculty Publications

Viewing the Takings Clause of the Fifth Amendment as a form of insurance appeals to our intuition. The government, like fire, does not often "take" property, but when faced with extraordinary risk property owners naturally desire compensation. Recent scholarship, however, has dissolved the attractiveness of this perspective. This literature, through economic analysis, claims that the Takings Clause should be repealed and replaced with private takings insurance. This is the "no-compensation" result. This article argues that the insurance-based understanding of the just compensation requirement can be preserved without reaching the surprising no-compensation result. The intuitive appeal of understanding the Takings Clause …


Through The Looking Glass: What Abortion Teaches Us About American Politics, Neal Devins Jan 1994

Through The Looking Glass: What Abortion Teaches Us About American Politics, Neal Devins

Faculty Publications

No abstract provided.


Triangulating The Boundaries Of The Pentagon Papers, John Cary Sims Nov 1993

Triangulating The Boundaries Of The Pentagon Papers, John Cary Sims

William & Mary Bill of Rights Journal

No abstract provided.


The Virginia "Son Of Sam" Law: An Unconsitutional Approach To Victim Compensation, Kerry Casey Nov 1993

The Virginia "Son Of Sam" Law: An Unconsitutional Approach To Victim Compensation, Kerry Casey

William & Mary Bill of Rights Journal

No abstract provided.


The Constitutionality Of Redlining: The Potential For Holding Banks Liable As State Actors, Joan Kane Nov 1993

The Constitutionality Of Redlining: The Potential For Holding Banks Liable As State Actors, Joan Kane

William & Mary Bill of Rights Journal

No abstract provided.


Obscenity, Pornography, And The First Amendment Theory, Arnold H. Loewy Nov 1993

Obscenity, Pornography, And The First Amendment Theory, Arnold H. Loewy

William & Mary Bill of Rights Journal

No abstract provided.


Property, Federalism, And Jurisprudence: A Comment On Lucas And Judicial Conservativism, Frank I. Michelman Oct 1993

Property, Federalism, And Jurisprudence: A Comment On Lucas And Judicial Conservativism, Frank I. Michelman

William & Mary Law Review

No abstract provided.


The University In The Manner Of Tiananmen Square, William W. Van Alstyne Oct 1993

The University In The Manner Of Tiananmen Square, William W. Van Alstyne

Faculty Publications

No abstract provided.


Foreword: Elected Branch Influences In Constitutional Decisionmaking, Neal Devins Oct 1993

Foreword: Elected Branch Influences In Constitutional Decisionmaking, Neal Devins

Faculty Publications

No abstract provided.


Where They're Calling From: Cultural Roots Of Rap, Jimmie L. Briggs Jr. May 1993

Where They're Calling From: Cultural Roots Of Rap, Jimmie L. Briggs Jr.

William & Mary Bill of Rights Journal

No abstract provided.


The Third Amendment: Forgotten But Not Gone, Tom W. Bell May 1993

The Third Amendment: Forgotten But Not Gone, Tom W. Bell

William & Mary Bill of Rights Journal

No abstract provided.


Suggestions For A Model Statute For Access To Computerized Government Records, Sandra Davidson Scott May 1993

Suggestions For A Model Statute For Access To Computerized Government Records, Sandra Davidson Scott

William & Mary Bill of Rights Journal

No abstract provided.


The Music Of Murder, Dennis R. Martin May 1993

The Music Of Murder, Dennis R. Martin

William & Mary Bill of Rights Journal

No abstract provided.