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William & Mary Law School

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Articles 1591 - 1620 of 1816

Full-Text Articles in Constitutional Law

Rites Of Passage: Race, The Supreme Court, And The Constitution, William W. Van Alstyne Jul 1979

Rites Of Passage: Race, The Supreme Court, And The Constitution, William W. Van Alstyne

Faculty Publications

No abstract provided.


Response: Pornography And The First Amendment, Frederick Schauer Jul 1979

Response: Pornography And The First Amendment, Frederick Schauer

Faculty Publications

No abstract provided.


The Limited Constitutional Convention—The Recurring Answer, William W. Van Alstyne Jan 1979

The Limited Constitutional Convention—The Recurring Answer, William W. Van Alstyne

Faculty Publications

No abstract provided.


Private Speech And The Private Forum: Givhan V. Western Line School District, Frederick Schauer Jan 1979

Private Speech And The Private Forum: Givhan V. Western Line School District, Frederick Schauer

Faculty Publications

No abstract provided.


Free Press-Fair Trial: Restrictive Orders After Nebraska Press, Doug R. Rendleman Jan 1979

Free Press-Fair Trial: Restrictive Orders After Nebraska Press, Doug R. Rendleman

Faculty Publications

No abstract provided.


The Proposed Twenty-Seventh Amendment: A Brief, Supportive Comment, William W. Van Alstyne Jan 1979

The Proposed Twenty-Seventh Amendment: A Brief, Supportive Comment, William W. Van Alstyne

Faculty Publications

No abstract provided.


Speech And Speech - Obscenity And Obscenity: An Exercise In The Interpretation Of Constitutional Language, Frederick Schauer Jan 1979

Speech And Speech - Obscenity And Obscenity: An Exercise In The Interpretation Of Constitutional Language, Frederick Schauer

Faculty Publications

Commentators have criticized the Supreme Court's use of the "two-level" theory of speech to place obscenity beyond the pale of the first amendment. They charge the Court with shirking the task of balancing first amendment values and the states' interests in regulating obscene material. Professor Schauer meets this criticism by examining the meaning of the word "speech" in the context of the purposes of the first amendment and the Constitution as a whole. He concludes that "speech"does not include a category.of obscenity'that performs the function of a surrogate sexual act and is lacking in communicative content. The Court's treatment of …


Firearms Ownership And Regulation: Tackling An Old Problem With Renewed Vigor, David T. Hardy Dec 1978

Firearms Ownership And Regulation: Tackling An Old Problem With Renewed Vigor, David T. Hardy

William & Mary Law Review

No abstract provided.


Procedural Due Process In Quasi In Rem Actions After Shaffer V. Heitner, Karen Nelson Moore Dec 1978

Procedural Due Process In Quasi In Rem Actions After Shaffer V. Heitner, Karen Nelson Moore

William & Mary Law Review

No abstract provided.


Generic Trademarks, The Ftc, And The Lanham Act: Covering The Market With Formica, David E. Shipley Oct 1978

Generic Trademarks, The Ftc, And The Lanham Act: Covering The Market With Formica, David E. Shipley

William & Mary Law Review

No abstract provided.


Constitutional Fair Use, Michael D. Brittin Oct 1978

Constitutional Fair Use, Michael D. Brittin

William & Mary Law Review

No abstract provided.


Modern Forfeiture Law And Policy: A Proposal For Reform, Leslie C. Smith May 1978

Modern Forfeiture Law And Policy: A Proposal For Reform, Leslie C. Smith

William & Mary Law Review

No abstract provided.


The Mobius Strip Of The First Amendment: Perspectives On Red Lion, William W. Van Alstyne Jan 1978

The Mobius Strip Of The First Amendment: Perspectives On Red Lion, William W. Van Alstyne

Faculty Publications

No abstract provided.


The Supreme Court, Warrantless Searches, And Exigent Circumstances, Richard A. Williamson Jan 1978

The Supreme Court, Warrantless Searches, And Exigent Circumstances, Richard A. Williamson

Faculty Publications

No abstract provided.


Does Article V Restrict The States To Calling Unlimited Conventions Only? - A Letter To A Colleague, William W. Van Alstyne Jan 1978

Does Article V Restrict The States To Calling Unlimited Conventions Only? - A Letter To A Colleague, William W. Van Alstyne

Faculty Publications

From time to time, various state legislatures have adopted resolutions designed to require Congress to call a limited convention in which one or another possible amendments to the Constitution might be proposed. In 1967, thirty-two states, two short of the requisite two-thirds filed such resolutions requesting a convention for the purpose of considering an amendment to "overrule" the Supreme Court's principal reapportionment decisions. In 1971, Senator Ervin of North Carolina introduced a bill to provide guidelines to be followed upon a state call for a convention. This year, approximately twenty-eight states have adopted some kind of resolution for the purpose …


Fear, Risk And The First Amendment: Unraveling The Chilling Effect, Frederick Schauer Jan 1978

Fear, Risk And The First Amendment: Unraveling The Chilling Effect, Frederick Schauer

Faculty Publications

No abstract provided.


Briggs V. Goodwin: Calling For A Reappraisal Of Prosecutorial Immunity From Constitutional Torts Dec 1977

Briggs V. Goodwin: Calling For A Reappraisal Of Prosecutorial Immunity From Constitutional Torts

William & Mary Law Review

No abstract provided.


Mead Data Central, Inc. V. United States Department Of The Air Force: Extending The Foia's Fifth Exemption Dec 1977

Mead Data Central, Inc. V. United States Department Of The Air Force: Extending The Foia's Fifth Exemption

William & Mary Law Review

No abstract provided.


Miranda V. Arizona: The Law Today, Fredric I. Lederer Oct 1977

Miranda V. Arizona: The Law Today, Fredric I. Lederer

Faculty Publications

No abstract provided.


Civilizing Pornography: The Case For An Exclusive Obscenity Nuisance Statute, Doug R. Rendleman Apr 1977

Civilizing Pornography: The Case For An Exclusive Obscenity Nuisance Statute, Doug R. Rendleman

Faculty Publications

Criminal penalties are increasingly perceived to be too severe for regulating obscenity. Professor Rendleman shares this perception and suggests that we replace criminal obscenity laws with an exclusive civil sanction utilizing injunctions. He proposes a comprehensive nuisance statute and discusses the various issues that arise in the equitable regulation of pornography.


Serbian Eastern Orthodox Diocese V. Milivojevich Mar 1977

Serbian Eastern Orthodox Diocese V. Milivojevich

William & Mary Law Review

No abstract provided.


The President's Power To Pardon: A Constitutional History, William F. Duker Mar 1977

The President's Power To Pardon: A Constitutional History, William F. Duker

William & Mary Law Review

No abstract provided.


Economou V. United States Department Of Agriculture: Blurring The Distinctions Between Constitutional And Common Law Tort Immunity Mar 1977

Economou V. United States Department Of Agriculture: Blurring The Distinctions Between Constitutional And Common Law Tort Immunity

William & Mary Law Review

No abstract provided.


Tenure Rights In Contractual And Constitutional Context, Ronald C. Brown Jan 1977

Tenure Rights In Contractual And Constitutional Context, Ronald C. Brown

Faculty Publications

No abstract provided.


Cracks In “The New Property”: Adjudicative Due Process In The Administrative State, William W. Van Alstyne Jan 1977

Cracks In “The New Property”: Adjudicative Due Process In The Administrative State, William W. Van Alstyne

Faculty Publications

No abstract provided.


The Hazards To The Press Of Claiming A “Preferred Position”, William W. Van Alstyne Jan 1977

The Hazards To The Press Of Claiming A “Preferred Position”, William W. Van Alstyne

Faculty Publications

No abstract provided.


Rape Shield Laws: Some Constitutional Problems, David S. Rudstein Oct 1976

Rape Shield Laws: Some Constitutional Problems, David S. Rudstein

William & Mary Law Review

No abstract provided.


Sanders V. Weinberger: Judicial Review Of Decisions Not To Reopen Administrative Proceedings Under The Social Security Act Oct 1976

Sanders V. Weinberger: Judicial Review Of Decisions Not To Reopen Administrative Proceedings Under The Social Security Act

William & Mary Law Review

No abstract provided.


Rights Of Englishmen Since 1776: Some Anglo-American Notes, William F. Swindler May 1976

Rights Of Englishmen Since 1776: Some Anglo-American Notes, William F. Swindler

Faculty Publications

No abstract provided.


Runnymede Revisited: Bicentennial Reflections On A 750th Anniversary, William F. Swindler Apr 1976

Runnymede Revisited: Bicentennial Reflections On A 750th Anniversary, William F. Swindler

Faculty Publications

No abstract provided.