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Articles 901 - 930 of 1816
Full-Text Articles in Constitutional Law
Signing Statements: Constitutional And Practical Limits, Louis Fisher
Signing Statements: Constitutional And Practical Limits, Louis Fisher
William & Mary Bill of Rights Journal
No abstract provided.
Signing Statements As Declaratory Judgments: The President As Judge, Phillip J. Cooper
Signing Statements As Declaratory Judgments: The President As Judge, Phillip J. Cooper
William & Mary Bill of Rights Journal
No abstract provided.
The Unconstitutionality Of "Signing And Not-Enforcing", Michael B. Rappaport
The Unconstitutionality Of "Signing And Not-Enforcing", Michael B. Rappaport
William & Mary Bill of Rights Journal
No abstract provided.
Getting To Plan B: A History Of Contraceptive Rights In The United States And An Argument For A Private Right Of Action Against The Fda, Michele Slachetka
Getting To Plan B: A History Of Contraceptive Rights In The United States And An Argument For A Private Right Of Action Against The Fda, Michele Slachetka
William & Mary Bill of Rights Journal
No abstract provided.
Challenging Political Boundaries In Post-Conflict States, Angela M. Banks
Challenging Political Boundaries In Post-Conflict States, Angela M. Banks
Faculty Publications
No abstract provided.
Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton
Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton
Faculty Publications
No abstract provided.
Signing Statements And Divided Government, Neal Devins
Signing Statements And Divided Government, Neal Devins
William & Mary Bill of Rights Journal
No abstract provided.
Second Class Citizen Soldiers: A Proposal For Greater First Amendment Protections For America's Military Personnel, Emily Reuter
Second Class Citizen Soldiers: A Proposal For Greater First Amendment Protections For America's Military Personnel, Emily Reuter
William & Mary Bill of Rights Journal
No abstract provided.
“Facebook In The Flesh”, Timothy Zick
Section 4: Individual Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Section 4: Individual Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
The People Out Of Doors — In Trees, Timothy Zick
Constitutional Displacement, Timothy Zick
A Constitutional Conundrum Of Second Amendment Commas, William W. Van Alstyne
A Constitutional Conundrum Of Second Amendment Commas, William W. Van Alstyne
Faculty Publications
Prompted by the court’s decision in Parker v. District of Columbia, this series of correspondence discusses the effect possible forms of punctuation may have on the Second Amendment. The article makes comments on the important grammars during the founding and also two possible writings of the Second Amendment that contain different sets of punctuation.
Federalism And The Tug Of War Within: Seeking Checks And Balance In The Interjurisdictional Gray Area, Erin Ryan
Faculty Publications
Federalism and the Tug of War Within explores tensions that arise among the underlying values of federalism when state or federal actors regulate within the "interjurisdictional gray area" that implicates both local and national concerns. Drawing examples from the failed response to Hurricane Katrina and other interjurisdictional problems to illustrate this conflict, the Article demonstrates how the trajectory set by the New Federalism's "strict-separationist" model of dual sovereignty inhibits effective governance in these contexts. In addition to the anti-tyranny, pro-accountability, and localism-protective values of federalism, the Article identifies a problem-solving value inherent in the capacity requirement of American federalism's subsidiarity …
Can We Make The Constitution More Democratic?, Ilya Somin, Neal Devins
Can We Make The Constitution More Democratic?, Ilya Somin, Neal Devins
Faculty Publications
No abstract provided.
Public Employee Speech Rights Fall Prey To An Emerging Doctrinal Formalism, Charles W. "Rocky" Rhodes
Public Employee Speech Rights Fall Prey To An Emerging Doctrinal Formalism, Charles W. "Rocky" Rhodes
William & Mary Bill of Rights Journal
No abstract provided.
A Well-Regulated Militia: The Founding Fathers And The Origin Of Gun Control In America, David T. Hardy
A Well-Regulated Militia: The Founding Fathers And The Origin Of Gun Control In America, David T. Hardy
William & Mary Bill of Rights Journal
No abstract provided.
The "Benefits" Of Non-Delegation: Using The Non-Delegation Doctrine To Bring More Rigor To Benefit-Cost Analysis, Victor B. Flatt
The "Benefits" Of Non-Delegation: Using The Non-Delegation Doctrine To Bring More Rigor To Benefit-Cost Analysis, Victor B. Flatt
William & Mary Bill of Rights Journal
No abstract provided.
If At First You Don't Succeed, Sign An Executive Order: President Bush And The Expansion Of Charitable Choice, Michele Estrin Gilman
If At First You Don't Succeed, Sign An Executive Order: President Bush And The Expansion Of Charitable Choice, Michele Estrin Gilman
William & Mary Bill of Rights Journal
This Article analyzes whether President Bush's charitable choice executive orders, which permit religious organizations to apply for federal funds to deliver social services, are a permissible exercise of presidential power. Although Congress has enacted charitable choice provisions in some major statutes, including a 1996 welfare reform act, it debated but did not extend charitable choice throughout the entire federal human services bureaucracy, as the President's executive orders do. The core question this Article examines is whether President Bush's charitable choice executive orders constitute permissible gap-filling of ambiguous statutes under the Chevron doctrine or impermissible exercises of executive lawmaking under Youngstown …
Prior Restraint And Censorship: Acknowledged Occupational Hazards For Government Scientists, Todd Stedeford
Prior Restraint And Censorship: Acknowledged Occupational Hazards For Government Scientists, Todd Stedeford
William & Mary Environmental Law and Policy Review
No abstract provided.
Law's Limited Domain Confronts Morality's Universal Empire, Larry Alexander, Frederick Schauer
Law's Limited Domain Confronts Morality's Universal Empire, Larry Alexander, Frederick Schauer
William & Mary Law Review
No abstract provided.
Against Mix-And-Match Lawmaking, Aaron-Andrew P. Bruhl
Against Mix-And-Match Lawmaking, Aaron-Andrew P. Bruhl
Faculty Publications
No abstract provided.
How Congress Paved The Way For The Rehnquist Court's Federalism Revival: Lessons From The Federal Partial Birth Abortion Ban, Neal Devins
Faculty Publications
No abstract provided.
Introductory Remarks: The Relationship Of Law And Morality In Repect To Constitutional Law, William W. Van Alstyne
Introductory Remarks: The Relationship Of Law And Morality In Repect To Constitutional Law, William W. Van Alstyne
William & Mary Law Review
No abstract provided.
Active Sovereignty, Timothy Zick
Political Judging: When Due Process Goes International, Montré D. Carodine
Political Judging: When Due Process Goes International, Montré D. Carodine
William & Mary Law Review
The Supreme Court's recent reliance on foreign precedent to interpret the Constitution sparked a firestorm of criticism and spawned a rich debate regarding the extent to which U.S. courts should defer to foreign law when developing U.S. constitutional norms. This Article looks at a subset of the issue of deference to foreign law and international influences in judicial decision making: the extent to which our courts should apply American notions of due process in determining whether to recognize and enforce judgments obtained abroad. Courts reviewing foreign judgments to determine whether they areworthy of recognition have created an "international due process"analysis. …
Recognizing The Grey: Toward A New View Of The Law Governing Digital Music Sampling Informed By The First Amendment, William Y. Durbin
Recognizing The Grey: Toward A New View Of The Law Governing Digital Music Sampling Informed By The First Amendment, William Y. Durbin
William & Mary Bill of Rights Journal
No abstract provided.
Stop Restricting Speech And Educate The Public: A Review Of The Aba's Proposed Campaign Activity Canon Of The Model Code Of Judicial Conduct, Tiffany L. Carwile
Stop Restricting Speech And Educate The Public: A Review Of The Aba's Proposed Campaign Activity Canon Of The Model Code Of Judicial Conduct, Tiffany L. Carwile
William & Mary Bill of Rights Journal
No abstract provided.
Saving Massiah From Elstad: The Admissibility Of Successive Confessions Following A Deprivation Of Counsel, James K. Tomkovicz
Saving Massiah From Elstad: The Admissibility Of Successive Confessions Following A Deprivation Of Counsel, James K. Tomkovicz
William & Mary Bill of Rights Journal
No abstract provided.
An International Human Right To Keep And Bear Arms, Christopher J. Schmidt
An International Human Right To Keep And Bear Arms, Christopher J. Schmidt
William & Mary Bill of Rights Journal
No abstract provided.